441.10(3)(a)3.
3. The applicant has completed 2 years of high school or its equivalent as determined by the board[,].
441.10(3)(a)4.
4. The applicant holds a diploma of graduation from a school for licensed practical nurses approved by the board or that the board has authorized to admit students pending approval[;].
441.10(3)(a)6.
6. The applicant passes the examination under
sub. (2) for licensure as a licensed practical nurse in this state. The applicant may not take the examination before receiving a diploma under
subd. 4. unless the applicant obtains a certificate of approval to take the examination from the school of nursing the applicant attends and submits that certificate to the board prior to examination.
441.10(3)(ag)
(ag) Any school for licensed practical nurses, in order to be approved by the board, must offer a course of not less than 9 months.
441.10 Note
NOTE: Par. (ag) is shown as affected by
2013 Wis. Act 114, section
9, and
2013 Wis. Act 124, section
30, and as merged by the legislative reference bureau under s. 13.92 (2) (i).
441.10(3)(ar)
(ar) The holder of a license under this subsection 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 a school approved by the board or that the board has authorized to admit students pending approval but who 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.
441.11
441.11
Nurse anesthetists. 441.11(3)
(3) A nurse who is in a training program to become a nurse anesthetist and who is assisting an anesthesiologist as part of that training program must be supervised by an anesthesiologist who is supervising no more than one other nurse in such a training program.
441.11 History
History: 2011 a. 160.
441.115
441.115
Exceptions; temporary practice. 441.115(1)
(1) This chapter may not be construed to affect nursing by friends, members of the family, or undergraduates in a school approved by the board, 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 those persons may 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 may operate in this state a school for professional nurses or a school for practical nurses unless the school is approved by the board. No solicitation may be made in this state of the sale of, or registration in, a course by correspondence or conducted outside of the state for practical nurses unless all written material used in the solicitation plainly states in type as large as any other type on the material that the course is not approved by the board for training of practical nurses.
441.12 History
History: 1979 c. 34;
2013 a. 124.
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) Subject to
s. 441.07 (1g), 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) Subject to
s. 441.07 (1g), 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.
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 and a requirement to complete the nursing workforce survey and submit the fee required under
s. 441.01 (7).
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.
