CHAPTER 441
BOARD OF NURSING
SUBCHAPTER I
REGULATION OF NURSING
441.001 Definitions.
441.01 Board of nursing.
441.04 Requisites for examination as a registered nurse.
441.05 Examination for nurses.
441.06 Licensure; civil liability exemptions.
441.07 Revocation.
441.08 Temporary permit.
441.10 Licensed practical nurses.
441.115 Exceptions; temporary practice.
441.12 Administration; nonaccredited schools.
441.13 Penalty.
441.15 Nurse-midwives.
441.16 Prescription privileges of nurses.
SUBCHAPTER II
NURSE LICENSURE COMPACT
441.50 Nurse licensure compact.
Ch. 441 Cross-reference Cross-reference: See definitions in s. 440.01.
subch. I of ch. 441 SUBCHAPTER I
REGULATION OF NURSING
Subch. I of ch. 441 Cross-reference Cross Reference: See also N, Wis. adm. code.
441.001 441.001 Definitions. In this subchapter:
441.001(1) (1)Compensation. "Compensation" includes indirect compensation, direct compensation, and the expectation of compensation, whether actually received or not.
441.001(2) (2)Nurse. Except as provided under s. 441.08, "nurse," when used without modification or amplification, means only a registered nurse.
441.001(2m) (2m)Nursing. "Nursing," when used without modification or amplification, means professional nursing.
441.001(3) (3)Practical nursing.
441.001(3)(a)(a) "Practical nursing" 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.
441.001(3)(b) (b) In par. (a), "simple act" means an act to which all of the following apply:
441.001(3)(b)1. 1. The act 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 the act.
441.001(3)(b)2. 2. The act is one that is of a nature of those approved by the board for the curriculum of schools for licensed practical nurses.
441.001(4) (4)Professional nursing. "Professional nursing" 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, that requires substantial nursing skill, knowledge, or training, or application of nursing principles based on biological, physical, and social sciences. Professional nursing includes any of the following:
441.001(4)(a) (a) The observation and recording of symptoms and reactions.
441.001(4)(b) (b) 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 the person making the order prepared the order after examining the patient in that other state and directs that the order be carried out in this state.
441.001(4)(c) (c) The execution of general nursing procedures and techniques.
441.001(4)(d) (d) Except as provided in s. 50.04 (2) (b), the supervision of a patient and the supervision and direction of licensed practical nurses and less skilled assistants.
441.001 AnnotationThis section is not a safety statute. Leahy v. Kenosha Memorial Hospital, 118 Wis. 2d 441, 348 N.W.2d 607 (Ct. App. 1984).
441.01 441.01 Board of nursing.
441.01(1)(1) In this subchapter, "board" means board of nursing.
441.01(3) (3) The board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch. 227.
441.01(4) (4) The board shall direct that those schools which qualify be placed on the accredited list of schools for professional nurses or of schools for licensed practical nurses on application and proof of qualifications; and shall make a study of nursing education and initiate rules and policies to improve it.
441.01(5) (5) The board may promote the professional education of graduate registered nurses licensed in Wisconsin, through creation of scholarships available to such graduate registered nurses, by foundation of professorships in nursing courses in Wisconsin colleges and universities, by conducting educational meetings, seminars, lectures, demonstrations and the like open to registered nurses, by publication and dissemination of technical information or by other similar activities designed to improve the standards of the nursing profession in this state. The board may promote the training of licensed practical nurses through support of workshops and institutes and by conducting meetings, lectures, demonstrations and the like open to licensed practical nurses.
441.01(6) (6) The board shall investigate any nurse anesthetist who is found to have acted negligently by a panel established under s. 655.02, 1983 stats., or by a court.
441.01 Cross-reference Cross Reference: See also chs. N 1 and 2, Wis. adm. code.
441.04 441.04 Requisites for examination as a registered nurse. Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, holds a diploma of graduation from an accredited school of nursing and, if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of the fee specified under s. 440.05 (1) shall be entitled to examination.
441.05 441.05 Examination for nurses. The examining council on registered nurses shall prepare or select written questions in areas it determines and prescribe rules, subject to the approval of the board, for conducting examinations and the preservation of the examination papers for one year. Examinations shall be held at least twice a year at times and places designated by the examining council, and at least 30 days' public notice shall be given. Examinations may also be held at other times and places with or without public notice as directed by the examining council. The examining council may also proctor an examination of another state for the convenience of a candidate and charge such fee therefor as the department fixes to cover the actual cost of the service rendered.
441.05 History History: 1977 c. 29.
441.05 Cross-reference Cross Reference: See also ch. N 2, Wis. adm. code.
441.06 441.06 Licensure; civil liability exemptions.
441.06(1) (1) An applicant for licensure as a registered nurse who complies with the requirements of this subchapter and satisfactorily passes an examination shall receive a license. The holder of such a license of another state or territory or province of Canada may be granted a license without examination if the holder's credentials of general and professional educational qualifications and other qualifications are comparable to those required in this state during the same period and if the board is satisfied from the holder's employment and professional record that the holder is currently competent to practice the profession. The board shall evaluate the credentials and determine the equivalency and competency in each case. The application for licensure without examination shall be accompanied by the fee prescribed in s. 440.05 (2).
441.06(2) (2) The holder of the license is a "registered nurse", may append "R.N." to his or her name and is authorized to practice professional nursing.
441.06(3) (3) A registered nurse practicing for compensation shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), submit to the board on furnished forms a statement giving name, residence, and other facts that the board requires, with the applicable renewal fee specified under s. 440.08 (2) (a).
Effective date note NOTE: Sub. (3) is amended eff. 7-1-09 by 2007 Wis. Act 20 to read:
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