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  Date of enactment: December 11, 2017
2017 Senate Bill 417   Date of publication*: December 12, 2017
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 135
An Act to repeal 441.50; to amend 49.498 (1) (L), 50.01 (1w), 50.01 (5r), 115.001 (11), 118.29 (4), 146.40 (1) (c), 146.40 (1) (f), 250.01 (7), 255.06 (1) (d), 440.03 (11m) (c) 1., 440.03 (13) (b) (intro.), 440.14 (5) (b), 440.15, 441.06 (4), 441.10 (7), 441.115 (2) (a), 441.15 (3) (a) (intro.), subchapter II (title) of chapter 441 [precedes 441.50], 655.001 (9), 905.04 (1) (f), 990.01 (19g), 990.01 (23q) and 990.01 (36m); to repeal and recreate 440.03 (13) (b) (intro.) and 440.15; and to create 14.87, 111.335 (1) (e), 441.06 (1c), 441.10 (1c) and 441.51 of the statutes; relating to: ratification of the Enhanced Nurse Licensure Compact, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
135,1 Section 1. 14.87 of the statutes is created to read:
14.87 Enhanced nurse licensure compact. There is created an interstate commission of nurse licensure compact administrators as specified in s. 441.51. The administrator of the commission representing this state shall be the chairperson of the board of nursing or his or her designee as provided in s. 441.51 (7) (b) 1. The commission has the powers and duties granted and imposed under s. 441.51.
135,2 Section 2. 49.498 (1) (L) of the statutes is amended to read:
49.498 (1) (L) “Registered professional nurse" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
135,3 Section 3. 50.01 (1w) of the statutes is amended to read:
50.01 (1w) “Licensed practical nurse" means a licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or who is licensed as a licensed practical/vocational nurse holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
135,4 Section 4. 50.01 (5r) of the statutes is amended to read:
50.01 (5r) “Registered nurse" means a registered nurse who is licensed under s. 441.06 or permitted under s. 441.08 or who is licensed as a registered nurse holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
135,5 Section 5. 111.335 (1) (e) of the statutes is created to read:
111.335 (1) (e) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the board of nursing to refuse to license an individual in accordance with s. 441.51 (3) (c) 7. and 8.
135,6 Section 6. 115.001 (11) of the statutes is amended to read:
115.001 (11) School nurse. “School nurse" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k), who submits evidence satisfactory to the department that he or she has successfully completed a course, determined to be satisfactory to the department, in public health or community health.
135,7 Section 7. 118.29 (4) of the statutes is amended to read:
118.29 (4) Written policies. Any school board, county children with disabilities education board, cooperative educational service agency or governing body of a private school whose employees or volunteers may be authorized to administer nonprescription drug products or prescription drugs to pupils under this section shall adopt a written policy governing the administration of nonprescription drug products and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more school nurses who are employees of the school board, board, agency or governing body or are providing services or consultation under s. 121.02 (1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under sub. (2) (a), for the periodic review of such written instructions by a registered nurse who is licensed under s. 441.06 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k), for the storing of nonprescription drug products and prescription drugs, and for record keeping, including documenting the administration of each dose, including errors.
135,8 Section 8. 146.40 (1) (c) of the statutes is amended to read:
146.40 (1) (c) “Licensed practical nurse" means a licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or is licensed as a licensed practical/vocational nurse who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
135,9 Section 9. 146.40 (1) (f) of the statutes is amended to read:
146.40 (1) (f) “Registered nurse" means a registered nurse who has a certificate of registration license under s. 441.06 or a temporary permit under s. 441.08 or who is licensed as a registered nurse holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
135,10 Section 10. 250.01 (7) of the statutes is amended to read:
250.01 (7) “Registered nurse" means a registered nurse who is licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j), or permitted under s. 441.08 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k).
135,11 Section 11. 255.06 (1) (d) of the statutes is amended to read:
255.06 (1) (d) “Nurse practitioner" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j), (k), and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.
135,12 Section 12. 440.03 (11m) (c) 1. of the statutes is amended to read:
440.03 (11m) (c) 1. The coordinated licensure information system under s. 441.50 (7) 441.51 (6).
135,13 Section 13. 440.03 (13) (b) (intro.) of the statutes is amended to read:
440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and s. ss. 441.51 (5) (a) 5. and 448.980 (5) (b) 3.:
135,14 Section 14 . 440.03 (13) (b) (intro.) of the statutes, as affected by 2015 Wisconsin Act 116, section 5m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and s. 441.51 (5) (a) 5.:
135,15 Section 15. 440.14 (5) (b) of the statutes is amended to read:
440.14 (5) (b) Paragraph (a) does not apply to a list that the department or a credentialing board furnishes to another state agency, a law enforcement agency or a federal governmental agency. In addition, par. (a) does not apply to a list that the department or the board of nursing furnishes to the coordinated licensure information system under s. 441.50 (7) 441.51 (6). A state agency that receives a list from the department or a credentialing board containing a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency or a federal governmental agency.
135,16 Section 16. 440.15 of the statutes is amended to read:
440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., and 448.980 (5) (b) 3., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.
135,17 Section 17 . 440.15 of the statutes, as affected by 2015 Wisconsin Act 116, section 12m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c) and 441.51 (5) (a) 5., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.
135,18 Section 18. 441.06 (1c) of the statutes is created to read:
441.06 (1c) The board shall grant a multistate license, as defined in s. 441.51 (2) (h), to an applicant for a multistate registered nurse license under s. 441.51. Subject to s. 441.07 (1g), the requirements under sub. (1) shall apply to such an applicant, except that the requirements under s. 441.51 (3) (c) for granting a multistate license shall supersede the requirements under sub. (1) to the extent of any conflict.
135,19 Section 19. 441.06 (4) of the statutes is amended to read:
441.06 (4) Except as provided in s. 257.03, no person may practice or attempt to practice professional nursing, nor use the title, letters, or anything else to indicate that he or she is a registered or professional nurse unless he or she is licensed under this section. Except as provided in s. 257.03, no person not so licensed may use in connection with his or her nursing employment or vocation any title or anything else to indicate that he or she is a trained, certified or graduate nurse. This subsection does not apply to any person registered nurse who is licensed to practice nursing holds a multistate license, as defined in s. 441.51 (2) (h), issued by a jurisdiction, other than this state, that has adopted the enhanced nurse licensure compact under s. 441.50 441.51.
135,20 Section 20. 441.10 (1c) of the statutes is created to read:
441.10 (1c) The board shall grant a multistate license, as defined in s. 441.51 (2) (h), to an applicant for a multistate licensed practical nurse license under s. 441.51. Subject to s. 441.07 (1g), the requirements under sub. (1) shall apply to such an applicant, except that the requirements under s. 441.51 (3) (c) for granting a multistate license shall supersede the requirements under sub. (1) to the extent of any conflict.
135,21 Section 21. 441.10 (7) of the statutes is amended to read:
441.10 (7) 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 subsection does not apply to any person licensed practical nurse who is licensed to practice practical nursing holds a multistate license, as defined in s. 441.51 (2) (h), issued by a jurisdiction, other than this state, that has adopted the enhanced nurse licensure compact under s. 441.50 441.51.
135,22 Section 22. 441.115 (2) (a) of the statutes is amended to read:
441.115 (2) (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, except that “nursing credential” does not include a multistate license, as defined in s. 441.51 (2) (h), issued by a party state, as defined in s. 441.50 441.51 (2) (k).
135,23 Section 23. 441.15 (3) (a) (intro.) of the statutes is amended to read:
441.15 (3) (a) (intro.) Subject to s. 441.07 (1g), the board shall grant a license to engage in the practice of nurse-midwifery to any person registered nurse who is licensed as a registered nurse under this subchapter or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k), who does all of the following:
135,24 Section 24. Subchapter II (title) of chapter 441 [precedes 441.50] of the statutes is amended to read:
CHAPTER 441
SUBCHAPTER II
ENHANCED NURSE LICENSURE COMPACT
135,25 Section 25. 441.50 of the statutes is repealed.
135,26 Section 26. 441.51 of the statutes is created to read:
441.51 Enhanced nurse licensure compact. (1) Article I — Findings and declaration of purpose. (a) The party states find all of the following:
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.
2. That violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.
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