441.15(2)(a) (a) The person is issued a license by the board under sub. (3) (a).
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(2m) (2m)Subsection (2) does not apply to a person granted a license to practice midwifery under subch. XIII of ch. 440.
441.15(3) (3)
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)2. 2. Pays the initial credential fee determined by the department under s. 440.03 (9) (a).
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) (5)
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)(a)4. 4. A person who does not provide care for patients.
441.15(5)(a)5. 5. The provision of services by a nurse-midwife under s. 257.03.
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 Note NOTE: Chapter 317, laws of 1979, which created this section, states legislative intent in Section 1.
441.16 441.16 Prescription privileges of nurses.
441.16(1) (1) In this section:
441.16(1)(a) (a) “Device" has the meaning given in s. 450.01 (6).
441.16(1)(b) (b) “Drug" has the meaning given in s. 450.01 (10) and includes all of the following:
441.16(1)(b)1. 1. Prescription drugs, as defined in s. 450.01 (20) (a).
441.16(1)(b)2. 2. Controlled substances, as defined in s. 961.01 (4).
441.16(1)(c) (c) “Prescription order" has the meaning given in s. 450.01 (21).
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 History History: 1993 a. 138; 1995 a. 448; 2009 a. 28, 280; 2013 a. 114.
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(1)(1) In this section:
441.18(1)(a) (a) “Administer" has the meaning given in s. 450.01 (1).
441.18(1)(b) (b) “Deliver" has the meaning given in s. 450.01 (5).
441.18(1)(c) (c) “Dispense" has the meaning given in s. 450.01 (7).
441.18(1)(d) (d) “Opioid antagonist" has the meaning given in s. 450.01 (13v).
441.18(1)(e) (e) “Opioid-related drug overdose" has the meaning given in s. 256.40 (1) (d).
441.18(1)(f) (f) “Standing order" has the meaning given in s. 450.01 (21p).
441.18(2) (2)
441.18(2)(a)(a) An advanced practice nurse certified to issue prescription orders under s. 441.16 may do any of the following:
441.18(2)(a)1. 1. 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 subdivision 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 is prescribed.
441.18(2)(a)2. 2. Issue a standing order to one or more persons authorizing the dispensing of an opioid antagonist.
441.18(2)(b) (b) An advanced practice nurse who prescribes or delivers an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid antagonist is prescribed has or has the capacity to provide 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; 2015 a. 115.
subch. II of ch. 441 SUBCHAPTER II
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)(a) The party states find all of the following:
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.
441.50(1)(a)5. 5. That the current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.
441.50(1)(b) (b) The general purposes of this compact are as follows:
441.50(1)(b)1. 1. To facilitate the states' responsibility to protect the public's health and safety.
441.50(1)(b)2. 2. To ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation.
441.50(1)(b)3. 3. To facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions.
441.50(1)(b)4. 4. To promote compliance with the laws governing the practice of nursing in each jurisdiction.
441.50(1)(b)5. 5. To invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
441.50(2) (2)Article II — Definitions. As used in this compact:
441.50(2)(a) (a) “Adverse action" means a home or remote state action.
441.50(2)(b) (b) “Alternative program" means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.
441.50(2)(c) (c) “Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensing boards.
441.50(2)(d) (d) “Current significant investigative information" means any of the following:
441.50(2)(d)1. 1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
441.50(2)(d)2. 2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
441.50(2)(e) (e) “Home state" means the party state that is the nurse's primary state of residence.
441.50(2)(f) (f) “Home state action" means any administrative, civil, equitable or criminal action permitted by the home state's laws that are imposed on a nurse by the home state's licensing board or other authority including actions against an individual's license, such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice.
441.50(2)(g) (g) “Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.
441.50(2)(h) (h) “Multistate licensure privilege" means current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational nurse in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege, such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice.
441.50(2)(i) (i) “Nurse" means a registered nurse or licensed practical/vocational nurse, as those terms are defined by each party's state practice laws.
441.50(2)(j) (j) “Party state" means any state that has adopted this compact.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 57 and all Supreme Court and Controlled Substances Board Orders effective on or before August 11, 2017. Published and certified under s. 35.18. Changes effective after August 11, 2017 are designated by NOTES. (Published 8-11-17)