STATE OF WISCONSIN
Board Of Nursing
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE BOARD OF NURSING
PROPOSED ORDER OF THE BOARD OF NURSING
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Board of Nursing to repeal N 8.04 and 8.05 (2); to renumber and amend N 8.03 (1); to amend N 8.02 (c), 8.02 (4), 8.03 (intro), 8.03 (2), (3), (4) and (5), 8.05 (1), 8.06 (3) (c), 8.06 (5), 8.07 (2), 8.09 (2), 8.10 (title) and 8.10 (4), (5), (6) and (7); and to create N 8.03 (1) and 8.045 relating to advanced practice nurse prescribers.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 441.16, Stats. Explanation of agency authority:
The Board shall promulgate rules for its own guidance and for the guidance of the profession and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the profession. [s. 15.08 (5) (b), Stats.] The Board shall promulgate rules necessary to administer s. 441.16, including rules for all of the following: • Establishing the education, training or experience requirements that a registered nurse must satisfy to be an advanced practice nurse. The rules 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.
• Establish the appropriate education, training and examination requirements that an advanced practice nurse must satisfy to qualify for a certificate to issue prescription orders.
• Defining the scope of practice within which an advanced practice nurse may issue prescription orders.
• Specifying the classes of drugs, individual drugs or devices that may not be prescribed by an advanced practice nurse.
• 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). [s. 441.16 (3), Stats] Related statute or rule: n/a
Plain language analysis:
Section 1 adds doctoral degree in nursing or a related health field as a qualifying degree. The Board recognizes that some schools are offering doctoral degrees in lieu of master’s degrees and did not want those obtaining a higher degree to be ineligible for the certificate.
Section 2 modifies the definition of “clinical pharmacology or therapeutics” by changing the phrase “likelihood of success” to “efficacy” in order to be clearer and more accurate.
Sections 3, 4, 5, 6 and 7 consolidate the qualifications required for the certification and the application requirements into one section. Language to accommodate this consolidation has been updated. The degree required is updated to recognize a doctoral degree in addition to the master’s degree. The applicant is required to have obtained 45 contact hours in clinical pharmacology or therapeutics 5 years, instead of 3 years, preceding the application in order to accommodate graduates from programs which offer the pharmacology course early in the curriculum sequence rather than requiring the applicant to repeat the course creating unnecessary delay and expense.
Section 8 creates a renewal provisions. In order to renew an advance practice nurse prescriber certificate the certificate holder must pay a renewal fee, complete the nursing workforce survey, certify completion of the continuing education and provide evidence of current certification by an approved certifying body of nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist or clinical nurse specialist.
Sections 9 and 10 updates the continuing education requirements. A nurse prescriber shall complete 16 contact hours during the biennium. It removes the provisions allowing for an average minimum number per year which is then reported on a schedule consistent with the national certifying body. The Board is requiring continuing education to be completed each biennium. In addition, two of those contact hours shall be in responsible prescribing of controlled substances The Board is requiring the specific hours in responsible prescribing of controlled substances due to the current prescription drug addiction public health crisis.
Section 11 clarifies that attention deficient hyperactivity disorder is included in hyperkinesis.
Section 12 updates language for the advance practice nurse prescriber to provide upon request evidence of the advance practice nurse prescriber certification.
Section 13 updates language to allow prescriptions to be submitted electronically as permitted by state and federal law and removes the outdated typewritten provision. It also updates language to require the drug enforcement agency number of the license.
