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3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Chapter N 2 contains the requirements for temporary permits, including the duration of a permit and supervision of a permit holder. If the rules are not updated to allow an extension of the duration of temporary permits and establish criteria under which the holder of a temporary permit may practice without direct supervision, Wisconsin’s nursing workforce will not be in the best possible position to respond to the spread of COVID-19. The Board will also determine if allowing a waiver or variance to the requirements on an ongoing basis is appropriate, given the potential need to respond to future emergency situations.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 15.08 (5) (b), Stats., provides an examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .”
Section 227.24 (1) (a), Stats., provides “[a]n agency may, except as provided in s. 227.136 (1), promulgate a rule as an emergency rule without complying with the notice, hearing, and publication requirements under this chapter if preservation of the public peace, health, safety, or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures.
Section 441.08, Stats., provides that [a] nurse who has graduated from a school approved by the board or that the board has authorized to admit students pending approval but who is not licensed in this state may be granted a temporary permit upon payment of the fee specified in s. 440.05 (6) by the board to practice for compensation until the nurse can qualify for licensure. The temporary permit may be renewed once. Further renewals may be granted in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
80 hours
6. List with description of all entities that may be affected by the proposed rule:
Graduate nursing students applying for or working under a temporary permit, and entities who are hiring these students or currently have these students in their employment.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
None
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole.
Contact Person: Dale Kleven, (608) 261-4472, DSPSAdminRules@wisconsin.gov
         
Authorized Signature
         
Date Submitted
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