EmR2107 Rule Text

Michigan:

Rules of the Michigan Department of Licensing and Regulatory Affairs regulate the profession of nursing in Michigan (Mich Admin Code, R 338.10101 to R 338.10705). The Michigan Board of Nursing may waive the requirement to provide evidence of attendance at educational programs as a condition to license renewal if, upon written application, the Board finds the failure of the licensee to attend was due to the licensee's disability, military service, absence from the continental United States, or a circumstance beyond the control of the licensee which the Board considers good and sufficient (Mich Admin Code, R 338.10601).

Minnesota:

Rules of the Minnesota Board of Nursing regulate the profession of nursing in Minnesota (Minnesota Rules, chs. 6301 to 6321). The Board must waive the requirement for licensure of graduation from an approved nursing program if:



an applicant has been licensed by another jurisdiction based on requirements equivalent to the qualifications required in Minnesota at the time of the applicant’s original licensure; or



an applicant for licensed practical nurse licensure has been licensed by another jurisdiction and passed an acceptable examination as specified in subpart 12 and has had at least 4,000 clock hours of employment as a licensed practical nurse in the five years prior to application for licensure in Minnesota (Minnesota Rules, part 6305.0500, subpart 6).

In addition, on presentation of convincing evidence by a registration or reregistration applicant, the Board must grant a variance from the following requirements:



For a receipt deadline, on presentation of convincing evidence of mail delay.



For a fee, on presentation of convincing evidence of financial hardship.



For document submission, on presentation of convincing evidence of loss of records through fire or other disaster.



For the required number of continuing education contact hours, on presentation of convincing evidence of unexpected illness or personal tragedy (Minnesota Rules, part 6310.2800, subpart 9).

Summary of factual data and analytical methodologies:

In consultation with staff from the Department of Safety and Professional Services, the Board developed an emergency rule that gives it the ability to provide a waiver from or variance to certain requirements in the event of a public health crisis, natural disaster, critical nursing workforce shortage, or similar emergency circumstances.

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

These emergency rules do not impose any new requirements. The purpose of the rules is to give the Board the ability to provide a waiver from or variance to certain requirements in the event of a public health crisis, natural disaster, critical nursing workforce shortage, or similar emergency circumstances, including an emergency surge of COVID-19.

Fiscal estimate:

These emergency rules will not have a fiscal impact.

Effect on small business:

These emergency 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:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366, or by email to [e-mail]. Comments must be submitted by the date and time at which the public hearing on these emergency rules is conducted. Information as to the place, date, and time of the public hearing will be published on the Legislature’s website and in the Wisconsin Administrative Register.

---------------------------------------------------------------------------------------------------------------------

TEXT OF RULE

Section 1. N 1.08 (5m) (b) is amended to read:

  N 1.08 (5m) (b) Simulation Except as provided under par. (c), simulation may not be utilized for more than 50% of the time designated for meeting clinical learning requirements.

Section 2. N 1.08 (5m) (c) is created to read:

  N 1.08 (5m) (c) If requested by a school of nursing due to a public health crisis, natural disaster, critical nursing workforce shortage, or similar emergency circumstances, the board may temporarily allow simulation to be utilized for up to 100% of the time designated for meeting clinical learning requirements. The board shall consider each request under this paragraph individually on its merits, and the board may grant additional utilization of simulation for a period of time deemed necessary by the board to address the emergency circumstances.

Section 3. N 2.31 (3) is amended to read:

  N 2.31 (3) An official transcript of nursing education submitted by the school of professional nursing or practical nursing directly to the department. If requested by an applicant due to a public health crisis, natural disaster, critical nursing workforce shortage, or similar emergency circumstances, the board may waive the requirement under this subsection. The board shall consider each request for a waiver individually on its merits, and the board may grant a waiver as deemed appropriate.

Section 4. N 2.33 (1) is amended to read:

  N 2.33 (1) Except as provided in sub. under subs. (2) and (3), the holder of a temporary permit shall practice only under the direct supervision of a registered nurse.

Section 5. N 2.33 (3) is created to read:

  N 2.33 (3) If requested by an applicant under s. N 2.31 or the holder of a temporary permit and the employer of the applicant or permit holder due to a public health crisis, natural disaster, critical nursing workforce shortage, or similar emergency circumstances, the board may grant a waiver of the requirement under sub. (1). The board shall consider each request for a waiver individually on its merits, and the board may grant a waiver for a period of time deemed necessary by the board to address the emergency circumstances.

Section 6. N 2.34 is renumbered N 2.34 (1) and amended to read:

  N 2.34 (1) The temporary permit is valid for a period of 3 months or until the holder receives notification of failing the NCLEX, whichever occurs first. Practice Except as provided under sub. (2), practice under temporary permits, including renewals under s. N 2.35, may not exceed 6 months total duration.

Section 7. N 2.34 (2) is created to read:

  N 2.34 (2) The holder of a temporary permit renewed under s. N 2.35 (2) may practice for the duration of the renewal period established by the board.

Section 8. N 2.35 (2) is amended to read:

  N 2.35 (2) Subsequent renewals may be granted in hardship cases or emergency circumstances including illness, family illness or death, accident, natural disaster, or delay of verification from another state. The board shall consider each application for renewal under this subsection individually on its merits, and the board may grant a renewal as for a renewal period deemed appropriate necessary by the board to address the hardship or emergency circumstances.

Section 9. N 2.40 (3) (d) (intro.) is amended to read:

  N 2.40 (3) (d) (intro.) Meet Except as provided under par. (e), meet one of the following requirements:

Section 10. N 2.40 (3) (e) is created to read:

  N 2.40 (3) (e) If requested by an applicant due to a public health crisis, natural disaster, critical nursing workforce shortage, or similar emergency circumstances, the board may waive the requirements under par. (d). The board shall consider each request for a waiver individually on its merits, and may grant a waiver based on satisfactory evidence that granting renewal of the license would adequately protect public health, safety, and welfare.

Section 11. N 8.10 (8) is created to read:

  N 8.10 (8) If a public health crisis, natural disaster, critical nursing workforce shortage, or similar emergency circumstances exist or have occurred that are federally declared or declared by the governor of this state or the governor’s designee, the board may grant a temporary waiver of the requirements under subs. (2) and (7) if the board determines that granting a waiver is necessary to protect the public health, safety, or welfare. A waiver granted under this subsection shall be for a stated term not to exceed 90 days, except that the board may extend the waiver if it determines that an extension is necessary to protect the public health, safety, or welfare.

Section 12. Effective date. The rules adopted in this order shall take effect upon publication in the official state newspaper, pursuant to s. 227.22 (2) (c), Stats.

---------------------------------------------------------------------------------------------------------------------

(END OF TEXT OF RULE)

---------------------------------------------------------------------------------------------------------------------

Dated _________________     Agency __________________________________

              Board Chair

              Board of Nursing