CR 15-067 Rule Text

STATE OF WISCONSIN

BOARD OF NURSING

IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE

BOARD OF NURSING

ORDER OF THE BOARD OF NURSING

ADOPTING RULES

(CLEARINGHOUSE RULE 15-067)

ORDER

An order of the Board of Nursing to amend N 7.01 (2) and N 7.03 (intro) relating to grounds for denying a credential.

Analysis prepared by the Department of Safety and Professional Services.

ANALYSIS

Statutes interpreted: s. 441.07

Statutory authority: ss. 15.08 (5) (b) and 441.01 (3), Stats.

Explanation of agency authority:

The board shall promulgate rules for the guidance of the profession and define and enforce professional conduct and unethical practices not inconsistent with the law relating to nursing.

The board shall approve all rules for the administration of chapter 441, Stats. in accordance with chapter 227, Stats.

Related statute or rule: Ch. N 7

Plain language analysis:

This rule clarifies that ch. N 7 also provides grounds for denying an initial license or certificate. 2013 Act 114 amended s. 441.07, Stats to give authority to the board to deny an initial license or certificate subject. This rule updates s. N 7.01 (2) and N 7.03 (intro) to reflect that change in authority.

Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois: Illinois specifies unethical or unprofessional conduct is grounds for discipline as well as grounds for refusing to issue a license.

Iowa: Iowa does not specify that the grounds for discipline are the same for denying an initial license.

Michigan: Michigan does not specify that the grounds for discipline are the same for denying an initial license.

Minnesota: Minnesota specifies the grounds for discipline are the same grounds for denying an initial license.

Summary of factual data and analytical methodologies:

The board incorporated the authority to deny an initial license into rules of conduct chapter.