NOTARY PUBLIC
Convicted felon
A convicted felon who has been restored to his civil rights, pursuant to sec. 57.078, Stats., is barred from the office of notary public, by art. XIII, sec. 3, Wis. Const., unless he has been pardoned. The certificate provided for by sec. 57.078, Stats., may be issued by other than the Department of Health and Social Services. The serving of the sentence is what restores the person's civil rights, and the certificate merely evinces the serving of the sentence. 63-74
Residence requirements
Section 137.01(1) and (2), Stats., which requires Wisconsin residency as a condition of appointment as notary public in Wisconsin, does not violate the Privileges and Immunities Clause of the Federal Constitution and should be complied with unless and until it is declared invalid by a court of competent jurisdiction in a proper case. 74-221
NURSES
Charge nurse"
A licensed practical nurse may serve as a "charge nurse" under section H 32.08(5) Wis. Adm. Code, but in so doing must avoid activities which would constitute the practice of professional nursing under sec. 441.11(2), Wis. Stats. 65-71
Citizenship
Sections 441.04, 441.07 and 441.10, Stats., making citizenship a prerequisite to obtaining a certificate/license to practice nursing in the State of Wisconsin, are unconstitutional in that they violate rights under the Fourteenth Amendment of the United States Constitution when applied to resident aliens. 64-65
Contraceptives
Professional nurse may sell contraceptive articles, including oral contraceptive drugs, under sec. 450.11(5), Stats. 66-158
Conviction records
1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
Counties
County may contract with city for the joint provision of public health nursing services under sec. 66.30(2), Stats. 66-54
Emergency Medical Technician
A registered nurse functioning as an Emergency Medical Technician may perform any service he or she is authorized to perform as a nurse. (Unpub.). 38-1981
Licensed practical nurse (L.P.N.)
A licensed practical nurse may serve as a "charge nurse" under section H 32.08(5) Wis. Adm. Code, but in so doing must avoid activities which would constitute the practice of professional nursing under sec. 441.11(2), Wis. Stats. 65-71
A licensed practical nurse may not supervise or direct other nurses or medical assistants even if he or she is employed in a nursing home and is denominated a "charge nurse." The Board of Nursing is not precluded from exercising its authority as set forth in sec. 441.01(3), Stats., and as expressed through administrative rule to determine which functions constitute the practice of professional nursing for any health care setting. The Board is, however, precluded from simply specifying job titles which can be assigned only to professional nurses. (Unpub.). 7-1982
If acting under the supervision and direction of an R.N., an L.P.N. may manage patient care and other L.P.N's or less skilled assistants; supervision does not require the immediate physical presence of the R.N. and may be fulfilled by any mechanism which insures safe nursing care. (Unpub.). 30-1982
Medication
Preparation of medication by a nurse under direction of a physician is permissible under sec. 450.04(3), Stats. Delivery of such medication to prisoners by jail attendants pursuant to instructions of the physician is permissible under sec. 450.07(2), Stats. 66-178
New baccalaureate program
The Board of Nursing has authority to accredit a new baccalaureate program even though the particular students who undertake that program are already certified as registered nurses. 68-407
NURSING HOMES
Accountability
The governing body and/or administrator of a nursing home is not accountable for the actions of nursing home patients when such patient is not physically present in the nursing home. 64-211
Administrative office space
Section 146.30(1)(a), Stats., does not prohibit nursing homes from providing adequate administrative office space to enable those nursing home employes, licensed to treat the sick, to perform their duties and responsibilities with respect to the care of patients residing therein. (Unpub.). 16-1975
Health and Social Services, Department of
Policy requirement relating to nursing home residents' freedom to choose health care provider (i.e., chiropractor) is invalid. Rule H 32.07(2)(a) and sec. 146.309, Stats. (1975), discussed. 65-178
The Department of Health and Social Services through its Board does not have statutory authority to adopt a rule requiring approval of nursing home and hospital construction on the basis of need. 62-153
Fraternal orders
Nursing homes operated by religious or fraternal orders whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30
Guarantor agreements
Nursing home guarantor agreements may violate section 49.49(4), Stats., after the resident becomes certified Medicaid eligible. 76-295
Licensed practical nurse
If acting under the supervision and direction of an R.N., an L.P.N. may manage patient care and other L.P.N.'s or less skilled assistants; supervision does not require the immediate physical presence of an R.N. and may be fulfilled by any mechanism which insures safe nursing care. (Unpub.). 30-1982
Medicaid and contracts for prospective residents
Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period of time as a condition of admission. 75-14
Nursing home guarantor agreements may violate section 49.49(4), Stats., after the resident becomes certified Medicaid eligible. 76-295
Milwaukee County
Milwaukee County does not have authority to enact and enforce an ordinance which would establish certain rights of residents of nursing homes, group foster homes, residential care facilities and hospitals which contract for the care of residents. The State has given the Department of Health and Social Services preemptive authority over community-based residential facilities and nursing homes. 68-45
Protective placements
The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., is primarily on the county. The statute does not require a county nursing home to accept such a placement. 66-249
Religion
Neither Wisconsin nor federal law prohibits a nursing home operated by a bona fide, nonprofit religious organization from giving preference in admission to members of that religion. 70-210
Nursing homes operated by religious or fraternal orders whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30
Richland County, bequest to Pine Valley Manor
The County Board, not the Board of Trustees, determines the disposition of a bequest made to a county institution operated pursuant to section 46.18, Stats. The County Board, acting pursuant to sections 59.07(101) and 59.75, may authorize the County Treasurer to place such a bequest in long-term investments, with the income from such investments to be expended at the institution. 73-125
Rock County Health Care Center
A county health facility may not charge for non-medical assistance services given to medical assistance patients in excess of medical assistance rates without violating section 49.49, Stats. 73-68
Village
A village has power to own and operate a home for the aged, finance the same under secs. 66.066, 66.067, Stats., and lease facility to a nonprofit corporation but probably could not lease to a profit corporation for operation. 62-226
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OFFlCERS AND OFFICES
See PUBLIC OFFICIALS; COMPATIBILITY
