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.
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 Cross-reference
Cross-reference: See also ch.
N 8, Wis. adm. code.
441.18
441.18
Prescriptions for and delivery of opioid antagonists. 441.18(2)(a)(a) An advanced practice nurse certified to issue prescription orders under
s. 441.16 may, directly or by the use of a standing order, prescribe an opioid antagonist to a person in a position to assist an individual at risk of undergoing an opioid-related drug overdose and may deliver the opioid antagonist to that person. A prescription order under this paragraph need not specify the name and address of the individual to whom the opioid antagonist will be administered, but shall instead specify the name of the person to whom the opioid antagonist will be delivered.
441.18(2)(b)
(b) An advanced practice nurse who prescribes or delivers an opioid antagonist under
par. (a) shall ensure that the person to whom the opioid antagonist will be delivered has the knowledge and training necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related overdose and that the person demonstrates the capacity to ensure that any individual to whom the person further delivers the opioid antagonist has or receives that knowledge and training.
441.18(3)
(3) An advanced practice nurse who, acting in good faith, prescribes or delivers an opioid antagonist in accordance with
sub. (2), or who, acting in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline under
s. 441.07 for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.
441.18 History
History: 2013 a. 200.
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.
