BOARD OF NURSING
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IN THE MATTER OF RULE-MAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : BOARD OF NURSING
BOARD OF NURSING : ADOPTING RULES
: (CLEARINGHOUSE RULE 18-030)
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ORDER
An order of the Board of Nursing to repeal N 9.01, 9.02, 9.03, and 9.04; to amend N 2.10 (1) (intro.), 2.10 (2) (intro.), 2.11 (title), 2.12 (title), 2.20 (title) and 2.21 (title); and to create N 2.02 (1m), (8m), (9m), and (11), 2.10 (1m), 2.10 (2m), 2.105, 2.19, 2.31 (3) (note) and N 9 Appendix relating to the nurse licensure compact.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
The examining board promulgates rules for its own guidance and for the guidance of the profession. [s. 15.08 (5) (b), Stats.] The board approves all rules for the administration of ch. 441, Stats., in accordance with ch. 227, Stats. [ s. 441.01 (3), Stats.] Plain language analysis:
Section 1 creates definitions relating to the nurse licensure compact. A Board approved prelicensure education program is a program from a Wisconsin board approved school or a prelicensure program approved by another state board of nursing. A multistate license is a license issued by Wisconsin which authorizes the person to practice in compact states under the multistate licensure privilege. A party state is any state that has adopted the nurse licensure compact. A single state license is a license issued by Wisconsin that allows the nurse to practice only in Wisconsin.
Sections 2 and 4 amends N 2.10 (1) and (2) to apply only to single state licenses.
Sections 3 and 5 create qualifications for a multistate license based upon the uniform licensure requirements. To qualify for a multistate license a nurse must graduate from a board approved prelicensure program, pass NCLEX, be eligible for or hold an active, unencumbered license, not be convicted of a felony, not be convicted of a misdemeanor related to the practice of nursing, not be enrolled in an alternative program (professional assistance procedure or equivalent) and holds a valid social security number.
Section 6 delineates the application process for the multistate license. An applicant must: complete an application; pay a fee; provide proof of graduation of a board approved prelicensure program; provide evidence of passing NCLEX; submit fingerprints or other biometric-based information for purposes of obtaining criminal history information; and if there is a misdemeanor conviction information necessary for the board to determine if the circumstances are substantially related to the practice of nursing.
Sections 7 and 8 amend the titles for sections N 2.11 and N 2.12 to pertain to only single state licenses. Section 9 delineates the application process for multistate licenses by endorsement from another state or jurisdiction. An applicant must: complete an application; pay a fee; declare Wisconsin the primary state of residence; provide proof of graduation of a board approved prelicensure program; provide evidence of passing NCLEX; submit fingerprints or other biometric-based information for purposes of obtaining criminal history information; and if there is a misdemeanor conviction information necessary for the board to determine if the circumstances are substantially related to the practice of nursing.
Sections 10 and 11 amend titles to indicate the sections pertain only to single state licenses.
Section 12 creates a note indicating that a temporary license does not convey a multistate licensure privilege.
Section 13 repeals the rules which were authorized by the previous nurse licensure compact which was repealed by 2017 Act 135. Section 14 creates an appendix which contains the nurse licensure compact rules promulgated by the Nurse Licensure Compact Commission.
Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois is not a member of the nurse licensure compact.
Iowa: Iowa has not yet promulgated rules to reflect the new nurse licensure compact.
Michigan: Michigan is not a member of the nurse licensure compact.
Minnesota: Minnesota is not a member of the nurse licensure compact.
Summary of factual data and analytical methodologies:
In the old nurse licensure compact the default license was a multistate license unless disciplinary action required a single state license, therefore, the application process did not need to reflect a single state and a multistate application process. 2017 Act 135 adopts the new nurse licensure compact requiring separate licensing processes for the multistate license (meets the uniform licensing requirements) and a single state license (practice only in Wisconsin). This rule brings N 2 and 9 in compliance with 2017 Act 135 by creating separate licensing requirements and procedures, and repeals the rules promulgated by the Board under the authority granted by the old nurse licensure compact. In addition, it creates an appendix for the rules promulgated by the Commission under the authority of the new nurse licensure compact. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for economic impact comments and none were received. This rule does not create new policy. The new uniform licensure requirements for a multistate license are set forth in the Nurse Licensure Compact adopted by statute and contained in this rule merely as a clarification for applicants of the process for multistate and single state licenses. The rules for the Nurse Licensure Compact are promulgated and adopted by the Nurse Licensure Compact Commission and are not promulgated by the state of Wisconsin. Therefore, any effect the Nurse Licensure Compact or its rules have on individuals or small business are not a result of rules promulgated by the Wisconsin Board of Nursing.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. N 2.02 (1m), (8m), (9m), and (11) are created to read:
N 2.02 (1m) “Board approved prelicensure education program” means a nurse prelicensure program from a Wisconsin approved school or a prelicensure program approved by another state board of nursing.
