441.06 Cross-reference
Cross-reference: See also chs.
N 3 and
5, Wis. adm. code.
441.07(1)(1) The board may, after disciplinary proceedings conducted in accordance with rules promulgated under
s. 440.03 (1), revoke, limit, suspend or deny renewal of a license of a registered nurse, a nurse-midwife or a licensed practical nurse, may revoke, limit, suspend or deny renewal of a certificate to prescribe drugs or devices granted under
s. 441.16, or may reprimand a registered nurse, nurse-midwife or licensed practical nurse, if the board finds that the person committed any of the following:
441.07(1)(a)
(a) Fraud in the procuring or renewal of the certificate or license.
441.07(1)(b)
(b) One or more violations of this subchapter or any rule adopted by the board under the authority of this subchapter.
441.07(1)(c)
(c) Acts which show the registered nurse, nurse-midwife or licensed practical nurse to be unfit or incompetent by reason of negligence, abuse of alcohol or other drugs or mental incompetency.
441.07(1)(d)
(d) Misconduct or unprofessional conduct. In this paragraph, "misconduct" and "unprofessional conduct" do not include providing expedited partner therapy as described in
s. 448.035.
441.07(1)(e)
(e) A violation of any state or federal law that regulates prescribing or dispensing drugs or devices, if the person has a certificate to prescribe drugs or devices under
s. 441.16.
441.07(1m)
(1m) The board may use any information obtained by the board or the department under
s. 655.17 (7) (b), as created by
1985 Wisconsin Act 29, in investigations and disciplinary proceedings, including public disciplinary proceedings, conducted under this chapter.
441.07(2)
(2) The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under
s. 440.12.
441.07 Cross-reference
Cross-reference: See also ch.
N 7, Wis. adm. code.
441.08
441.08
Temporary permit. A nurse who has graduated from an accredited school but is not licensed in this state may be granted a temporary permit upon payment of the fee specified in
s. 440.05 (6) by the board to practice for compensation until the nurse can qualify for licensure. The temporary permit may be renewed once. Each applicant for renewal of a temporary permit under this section shall complete the nursing workforce survey and pay the fee required under
s. 441.01 (7). Further renewals may be granted in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.
441.08 Cross-reference
Cross-reference: See also ch.
N 5, Wis. adm. code.
441.10
441.10
Licensed practical nurses. 441.10(1)
(1)
Prerequisites for examination as licensed practical nurses. A person who is 18 years of age or older, does not have an arrest or conviction record, subject to
ss. 111.321,
111.322 and
111.335, has completed 2 years of high school or its equivalent as determined by the board and holds a diploma of graduation from an accredited school for licensed practical nurses approved by that board, may apply to the board for licensing as a licensed practical nurse, and, upon payment of the examination fee specified in
s. 440.05 (1), shall be entitled to take an examination. Any school for licensed practical nurses, in order to be accredited, must offer a course of not less than 9 months.
441.10(2)
(2) Examination. The examining council on licensed practical nurses shall prepare or select written questions in areas it determines and prescribe rules, subject to the approval of the board, for the examination of those desirous of becoming licensed practical nurses, and the examination papers of all applicants shall be preserved for one year. Examinations shall be held at least twice annually at times and places designated by the board, and at least 30 days' public notice shall be given of each examination. 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 shall charge such fee therefor as the department fixes to cover the actual cost of the services rendered.
441.10(3)(a)(a) On complying with this subchapter relating to applicants for licensure as licensed practical nurses, and passing an examination, the applicant shall receive a license as a licensed practical nurse. The holder of the license is a "licensed practical nurse" and may append the letters "L.P.N." to his or her name. The board may reprimand or may limit, suspend or revoke the license of a licensed practical nurse under
s. 441.07.
441.10(3)(b)
(b) On or before the applicable renewal date specified under
s. 440.08 (2) (a), a licensed practical nurse practicing for compensation shall submit to the board, on forms furnished by the department, an application for license renewal, together with a statement giving name, residence, nature and extent of practice as a licensed practical nurse during the prior year and prior unreported years, the nursing workforce survey and fee required under
s. 441.01 (7), and other facts bearing upon current competency that the board requires, accompanied by the applicable license renewal fee determined by the department under
s. 440.03 (9) (a).
441.10(3)(c)
(c) No license is required for practical nursing, but, except as provided in
s. 257.03, no person without a license may hold himself or herself out as a licensed practical nurse or licensed attendant, use the title or letters "Trained Practical Nurse" or "T.P.N.", "Licensed Practical Nurse" or "L.P.N.", "Licensed Attendant" or "L.A.", "Trained Attendant" or "T.A.", or otherwise seek to indicate that he or she is a licensed practical nurse or licensed attendant. No licensed practical nurse or licensed attendant may use the title, or otherwise seek to act as a registered, licensed, graduate or professional nurse. Anyone violating this subsection shall be subject to the penalties prescribed by
s. 441.13. The board shall grant without examination a license as a licensed practical nurse to any person who was on July 1, 1949, a licensed attendant. This paragraph does not apply to any person who is licensed to practice practical nursing by a jurisdiction, other than this state, that has adopted the nurse licensure compact under
s. 441.50.
441.10(3)(d)
(d) The board may license without examination any person who has been licensed as a licensed attendant or licensed practical nurse in another state or territory or province of Canada if the person's general education, training, prior practice and other qualifications, in the opinion of the board, are at least comparable to those of this state for licensed practical nurses and current licensing or renewal. The fee for licensing without examination is specified in
s. 440.05 (2).
441.10(3)(e)
(e) The board may grant a temporary permit to a practical nurse who has graduated from an accredited school but is not licensed in this state, upon payment of the fee specified in
s. 440.05 (6), to practice for compensation until the practical nurse qualifies for licensure. The board may grant further renewals in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.
441.10 Cross-reference
Cross-reference: See also ch.
N 6, Wis. adm. code.
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).
441.115 Cross-reference
Cross-reference: See also ch.
N 6, Wis. adm. code.
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)(a)
(a) "Collaboration" means a process that involves 2 or more health care professionals working together and, when necessary, in each other's presence, and in which each health care professional contributes his or her expertise to provide more comprehensive care than one health care professional alone can offer.
441.15(1)(b)
(b) "Practice of nurse-midwifery" means the management of women's health care, pregnancy, childbirth, postpartum care for newborns, family planning, and gynecological services consistent with the standards of practice of the American College of Nurse-Midwives and the education, training, and experience of the nurse-midwife.
441.15(2)
(2) Except as provided in
sub. (2m) and
s. 257.03, no person may engage in the practice of nurse-midwifery unless each of the following conditions is satisfied:
441.15(2)(b)
(b) The practice occurs in a health care facility approved by the board by rule under
sub. (3) (c), in collaboration with a physician with postgraduate training in obstetrics, and pursuant to a written agreement with that physician.
441.15(2)(c)
(c) Except as provided in
sub. (5) (a), the person has in effect the malpractice liability insurance required under the rules promulgated under
sub. (5) (bm).
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 does all of the following:
441.15(3)(a)1.
1. Submits evidence satisfactory to the board that he or she meets the educational and training prerequisites established by the board for the practice of nurse-midwifery.
441.15(3)(a)3.
3. If applicable, submits evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under
sub. (5) (bm).
441.15(3)(b)
(b) On or before the applicable renewal date specified under
s. 440.08 (2) (a), a person issued a license under
par. (a) and practicing nurse-midwifery shall submit to the board on furnished forms a statement giving his or her name, residence, the nursing workforce survey and fee required under
s. 441.01 (7), and other information that the board requires by rule, with the applicable renewal fee determined by the department under
s. 440.03 (9) (a). If applicable, the person shall also submit evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under
sub. (5) (bm). The board shall grant to a person who pays the fee determined by the department under
s. 440.03 (9) (a) for renewal of a license to practice nurse-midwifery and who satisfies the requirements of this paragraph the renewal of his or her license to practice nurse-midwifery and the renewal of his or her license to practice as a registered nurse.
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 a newborn or mother shall consult with the collaborating physician under
sub. (2) (b) or the physician's designee, or make a referral as specified in a written agreement under
sub. (2) (b).
441.15(5)(a)(a) Except for any of the following, no person may practice nurse-midwifery unless he or she has in effect malpractice liability insurance in an amount that is at least the minimum amount specified in rules promulgated under
par. (bm):
441.15(5)(a)1.
1. A federal, state, county, city, village, or town employee who practices nurse-midwifery within the scope of his or her employment.
441.15(5)(a)2.
2. A person who is considered to be an employee of the federal public health service under
42 USC 233 (g).
441.15(5)(a)3.
3. A person whose employer has in effect malpractice liability insurance that provides coverage for the person in an amount that is at least the minimum amount specified in the rules.
441.15(5)(bm)
(bm) The board shall promulgate rules establishing the minimum amount of malpractice liability insurance that is required for a person to practice nurse-midwifery, which shall be the same as the amount established by the board under
s. 441.16 (3) (e).
441.15 Cross-reference
Cross-reference: See also ch.
N 5, Wis. adm. code.
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). An advanced practice nurse certified under this section may provide expedited partner therapy in the manner described in
s. 448.035.
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.
