441.11(1)(1)
For compensation. Wherever the term "compensation" is used in this subchapter it shall include indirect compensation as well as direct compensation and also the expectation thereof whether actually received or not.
441.11(2)
(2) Nurse and nursing. Except as provided under
s. 441.08, wherever the term "nurse" is used in this subchapter without modification or amplification it shall mean only a registered nurse. Wherever the term "nursing" is used in this subchapter without modification or amplification it shall mean the practice of professional nursing as specified in
sub. (4).
441.11(3)
(3) Practice of practical nursing. The practice of practical nursing under this subchapter means the performance for compensation of any simple acts in the care of convalescent, subacutely or chronically ill, injured or infirm persons, or of any act or procedure in the care of the more acutely ill, injured or infirm under the specific direction of a nurse, physician, podiatrist licensed under
ch. 448, dentist licensed under
ch. 447 or optometrist licensed under
ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if that person prepared the order after examining the patient in that other state and directs that the order be carried out in this state. A simple act is one that does not require any substantial nursing skill, knowledge or training, or the application of nursing principles based on biological, physical or social sciences, or the understanding of cause and effect in such acts and is one that is of a nature of those approved by the board for the curriculum of schools for licensed practical nurses.
441.11(4)
(4) Practice of professional nursing. The practice of professional nursing within the terms of this subchapter means the performance for compensation of any act in the observation or care of the ill, injured or infirm, or for the maintenance of health or prevention of illness of others, which act requires substantial nursing skill, knowledge or training, or application of nursing principles based on biological, physical and social sciences, such as the observation and recording of symptoms and reactions, the execution of procedures and techniques in the treatment of the sick under the general or special supervision or direction of a physician, podiatrist licensed under
ch. 448, dentist licensed under
ch. 447 or optometrist licensed under
ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if that person prepared the order after examining the patient in that other state and directs that the order be carried out in this state, and the execution of general nursing procedures and techniques. Except as provided in
s. 50.04 (2) (b), the practice of professional nursing includes the supervision of a patient and the supervision and direction of licensed practical nurses and less skilled assistants.
441.115
441.115
Exceptions; temporary practice. 441.115(1)
(1) This chapter shall not be construed to affect nursing by friends, members of the family or undergraduates in an accredited school, nor be construed to interfere with members of religious communities or orders having charge of hospitals or taking care of the sick in their homes, except that none of such excepted persons while engaged in such activities shall represent himself or herself as a registered, trained, certified or graduate nurse unless registered under this subchapter.
441.115(2)(a)(a) In this subsection, "nursing credential" means a license, permit or certificate of registration or certification that is granted to a person by another state or territory or by a foreign country or province and that authorizes or qualifies the person holding the credential to perform acts that are substantially the same as those performed by a person licensed as a registered nurse or licensed practical nurse under this subchapter. In this paragraph, "state or territory" excludes any state or territory that has adopted the nurse licensure compact under
s. 441.50.
441.115(2)(b)
(b) A person who holds a current, valid nursing credential may practice professional or practical nursing in this state, as provided under
par. (c), for not more than 72 consecutive hours each year without holding a license granted by the board under this subchapter if the board determines that the requirements for the nursing credential that the person holds are substantially equivalent to the requirements for licensure under this subchapter. Except in an emergency, the person shall provide to the board, at least 7 days before practicing professional or practical nursing for the person who is specified under
par. (c) 2., written notice that includes the name of the person providing notice, the type of nursing credential that the person holds and the name of the state, territory, foreign country or province that granted the nursing credential. In the event of an emergency, the person shall provide to the board written notice that includes the information otherwise required under this paragraph, as soon as practicable.
441.115(2)(c)
(c) A person who is permitted to practice professional or practical nursing under
par. (b) may practice professional or practical nursing only for the following persons:
441.115(2)(c)1.
1. A person who is being transported through or into this state for the purpose of receiving medical care.
441.115(2)(c)2.
2. A person who is in this state temporarily, if the person is a resident of the state, territory, country or province that granted the nursing credential to the person permitted to practice professional or practical nursing under
par. (b).
441.12
441.12
Administration; nonaccredited schools. 441.12(1)(1) The board shall enforce this chapter and cause the prosecution of persons violating it.
441.12(2)
(2) No person shall operate in this state a school for professional nurses or a school for practical nurses unless the same shall be accredited by the board. No solicitation shall be made in this state of the sale of, or registration in, a course by correspondence or conducted without the state for practical nurses unless all written material used in such solicitation plainly states in type as large as any other type on the material that the course is not accredited in this state for training of practical nurses.
441.12 History
History: 1979 c. 34.
441.13(1)(1) Any person violating this subchapter or knowingly employing another in violation of this subchapter may be fined not more than $250 or imprisoned not more than one year in the county jail.
441.13(2)
(2) No action may be brought or other proceeding had to recover compensation for professional nursing services unless at the time such services were rendered the person rendering the same was a registered nurse or had a temporary permit issued under this subchapter.
441.13(3)
(3) The remedy of injunction may be used in enforcing this subchapter.
441.13 History
History: 1999 a. 22.
441.15(1)(1) In this section, "the practice of nurse-midwifery" means the management of care of a woman in normal childbirth and the provision of prenatal, intrapartal, postpartal and nonsurgical contraceptive methods and care for the mother and the newborn.
441.15(2)
(2) No person may practice nurse-midwifery:
441.15(2)(b)
(b) Unless such practice occurs in a health care facility approved by the board by rule under
sub. (3) (c), under the general supervision of a physician with training in obstetrics and pursuant to a formal written agreement with that physician.
441.15(3)(a)(a) The board shall grant a license to engage in the practice of nurse-midwifery to any person licensed as a registered nurse under this subchapter or in a party state, as defined in
s. 441.50 (2) (j), who meets the educational and training prerequisites established by the board for the practice of nurse-midwifery and who pays the fee specified under
s. 440.05 (1).
441.15(3)(b)
(b) On or before the applicable renewal date specified under
s. 440.08 (2) (a), a person issued a certificate under
par. (a) and practicing nurse-midwifery shall submit to the board on furnished blanks a statement giving his or her name, residence and other information as the board requires by rule, with the applicable renewal fee specified under
s. 440.08 (2) (a).
441.15(3)(c)
(c) The board shall promulgate rules necessary to administer this section, including the establishment of appropriate limitations on the scope of the practice of nurse-midwifery, the facilities in which such practice may occur and the granting of temporary permits to practice nurse-midwifery pending qualification for certification.
441.15(4)
(4) A nurse-midwife who discovers evidence that any aspect of care involves any complication which jeopardizes the health or life of the newborn or mother shall immediately refer the patient to the supervising physician under
sub. (2) (b) or, if that physician is unavailable, to another physician.
441.16
441.16
Prescription privileges of nurses. 441.16(2)
(2) The board shall grant a certificate to issue prescription orders to an advanced practice nurse who meets the education, training and examination requirements established by the board for a certificate to issue prescription orders, and who pays the fee specified under
s. 440.05 (1).
441.16(3)
(3) The board shall promulgate rules necessary to administer this section, including rules for all of the following:
441.16(3)(a)
(a) Establishing the education, training or experience requirements that a registered nurse must satisfy to be an advanced practice nurse. The rules promulgated under this paragraph shall require a registered nurse to have education, training or experience that is in addition to the education, training or experience required for licensure as a registered nurse.
441.16(3)(am)
(am) Establishing the appropriate education, training and examination requirements that an advanced practice nurse must satisfy to qualify for a certificate to issue prescription orders.
441.16(3)(b)
(b) Defining the scope of practice within which an advanced practice nurse may issue prescription orders.
441.16(3)(c)
(c) Specifying the classes of drugs, individual drugs or devices that may not be prescribed by an advanced practice nurse.
441.16(3)(cm)
(cm) Specifying the conditions to be met for a registered nurse to do the following:
441.16(3)(cm)1.
1. Administer a drug prescribed by an advanced practice nurse who is certified to issue prescription orders.
441.16(3)(cm)2.
2. Administer a drug at the direction of an advanced practice nurse who is certified to issue prescription orders.
441.16(3)(d)
(d) Establishing procedures for maintaining a certificate to issue prescription orders, including requirements for continuing education.
441.16(3)(e)
(e) Establishing the minimum amount of malpractice liability insurance coverage that an advanced practice nurse shall have if he or she is certified to issue prescription orders. The board shall promulgate rules under this paragraph in consultation with the commissioner of insurance.
441.16(4)
(4) Every advanced practice nurse who is certified to issue prescription orders shall annually submit to the board evidence satisfactory to the board that he or she has in effect malpractice liability insurance coverage in the minimum amounts required by the rules of the board.
441.16(5)
(5) An advanced practice nurse who is certified to issue prescription orders may not delegate the act of issuing a prescription order to any nurse who is not certified to issue prescription orders.
441.16(6)
(6) Nothing in this section prohibits a nurse from issuing a prescription order as an act delegated by a physician.
441.16 History
History: 1993 a. 138;
1995 a. 448.
NURSE LICENSURE COMPACT
441.50
441.50
Nurse licensure compact. 441.50(1)
(1)
Article I - Findings and Declaration of Purpose. 441.50(1)(a)1.
1. That the health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.
441.50(1)(a)2.
2. That violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.
441.50(1)(a)3.
3. That the expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.
441.50(1)(a)4.
4. That new practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.
441.50(1)(a)5.
5. That the current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.
441.50(1)(b)
(b) The general purposes of this compact are as follows:
441.50(1)(b)1.
1. To facilitate the states' responsibility to protect the public's health and safety.
441.50(1)(b)2.
2. To ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.
441.50(1)(b)3.
3. To facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions.
441.50(1)(b)4.
4. To promote compliance with the laws governing the practice of nursing in each jurisdiction.
441.50(1)(b)5.
5. To invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
441.50(2)
(2) Article II - Definitions. As used in this compact:
441.50(2)(a)
(a) "Adverse action" means a home or remote state action.
441.50(2)(b)
(b) "Alternative program" means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.
441.50(2)(c)
(c) "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensing boards.
441.50(2)(d)
(d) "Current significant investigative information" means any of the following:
441.50(2)(d)1.
1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
441.50(2)(d)2.
2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
441.50(2)(e)
(e) "Home state" means the party state that is the nurse's primary state of residence.
441.50(2)(f)
(f) "Home state action" means any administrative, civil, equitable or criminal action permitted by the home state's laws that are imposed on a nurse by the home state's licensing board or other authority including actions against an individual's license, such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice.
441.50(2)(g)
(g) "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.
441.50(2)(h)
(h) "Multistate licensure privilege" means current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational nurse in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege, such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice.
441.50(2)(i)
(i) "Nurse" means a registered nurse or licensed practical/vocational nurse, as those terms are defined by each party's state practice laws.
441.50(2)(j)
(j) "Party state" means any state that has adopted this compact.
441.50(2)(k)
(k) "Remote state" means a party state, other than the home state, where the patient is located at the time nursing care is provided, or, in the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located.
