CR 15-099 Rule Text

Section 11 updates to current drafting style by adding “do all of the following:”

Section 12 updates the delegated acts terminology.

Section 13 updates to current drafting style.

Section 14 repeals and recreates a provision for an LPN to accept the charge nurse position in a nursing home only if prepared to do so based upon education, training and experience. The rewording of this provision is to provide more clarity.

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

Comparison with rules in adjacent states:

Illinois: A license within 5 years of expiration is renewed by paying a fee and completion of 20 hours of continuing education. After 5 years a license is renewed by evidence of active practice in another state and completion of an approved licensure examination. A LPN accepts delegated acts from a RN, APN, or a physician assistant, physician, dentist or podiatrist. A delegated act, to or by an RN, is not distinguished as a medical or nursing delegated act. Practice as a RN means the full scope of nursing for which the registered nurse is properly trained.

Iowa: A license is renewed by paying a fee, attesting that Iowa is the primary state of residence and completion of continuing education and mandatory reporter training. RN minimum standards do not include practices ascribed to the advanced registered nurse practitioner. In executing the medical regimen prescribed, the RN shall notify the physician. A RN may delegate nursing tasks. An LPN shall perform services under the supervision of a RN or physician and may not perform any activity requiring the knowledge and skill ascribed to a RN.

Michigan: A license is renewed by payment of paying fees and completion of continuing education. Only a RN may delegate nursing acts, functions or tasks.

Minnesota: A license is renewed by paying a fee and completion of continuing education. Minnesota has a definition of delegation referring to the transfer of authority to another nurse or competent, unlicensed assistive person to perform a specific nursing task or activity in a specific situation. A LPN performs nursing standards at the direction of a registered nurse, advanced practice registered nurse or other licensed health care provider. A RN performs nursing standards recognized by the board. A RN receives delegations from a licensed health care provider and delegates nursing tasks. There is not a definition for health care provider.

Summary of factual data and analytical methodologies:

The Board conducted a comprehensive review and updated the renewal and standards of practice chapters in order to bring them up-to-date with current practice.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

This rule was posted for economic comments and none were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate 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 [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

TEXT OF RULE

Section 1. Subchapter V of N 2 is created to read:

SUBCHAPTER V

RENEWAL

N 2.40 Renewal. (1) General. A person with an expired credential may not reapply for a credential using the initial application process.

(2) Renewal within 5 years. A person renewing the credential within 5 years shall do all of the following:

(a) Pay the renewal fee as determined by the department under s. 440.03(9)(a), Stats. and any applicable late renewal fee.

(b) Pay a nursing workforce survey fee.

(c) Complete the nursing workforce survey to the satisfaction of the board.

(3) Renewal after 5 years. This subsection does not apply to credential holders who have unmet disciplinary requirements or whose credential has been surrendered or revoked. A person renewing the credential after 5 years shall do all of the following:

  (a) Pay the renewal fee as determined by the department under s. 440.03(9)(a), Stats. and the late renewal fee.

  (b) Pay a nursing workforce survey fee.

    (c) Complete the nursing workforce survey to the satisfaction of the board.

  (d) Meet one of the following requirements:

  1. Documentation of employment requiring a nursing license within the last five years.

  2. Completion of a board approved nursing refresher course or education equivalent to a nursing refresher course. A nursing refresher course requires a limited license for the purpose of completing the clinical component of the course.

  NOTE: The licensee may request the Board grant a limited license for the sole purpose of completeing a nurse refresher course.

N 2.41 Reinstatement. A credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years or whose credential has been surrendered or revoked may apply to have the credential reinstated in accordance with all of the following:

(1) Evidence of completion of the requirements in s. N 2.40(3) if the license has not been active within 5 years.

(2) Evidence of completion of the disciplinary requirements, if applicable.

(3) Evidence of rehabilitation or change in circumstances warranting reinstatement.

(4) A revoked license may not be reinstated earlier than one year following revocation. This subsection does not apply to a license that is revoked under s. 440.12, Stats.

Section 2. Chapter N 5 is repealed.

Section 3. N 6.02 (1) is renumbered to N 6.02 (1m).

Section 4. N 6.02(1) is created to read:

N 6.02 (1) “Advanced practice nurse prescriber” means a registered nurse who holds an advance practice nurse prescriber certificate under 441.16, Stats.

Section 5. N 6.02 (4) is repealed.

Section 6. N 6.02 (5) is repealed and recreated to read:

N 6.02 (5) “Delegated act” means acts delegated to a registered nurse or licensed practical nurse.

Section 7. N 6.02 (10m) is created to read:

N 6.02 (10m) “Provider” means a physician, podiatrist, dentist, optometrist or advanced practice nurse provider.