Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
N/A.
Comparison with rules in adjacent states:
Illinois:
Illinois Compiled Statutes mentions that nursing applicants need to pass a department approved exam. [225 ILC 65/60-10]. The Illinois Administrative Code states that each applicant shall file an application if the applicant has taken and passed the NCLEX. The application process is initiated by applying with a testing service designated by the Division. [Ill Admin Code Section 1300.300]
Even though, neither Compiled Statutes nor the Administrative Code, explicitly state the requirements of eligibility to take the exam, the process set by the Illinois Department of Financial and Professional Regulation consists of applicants registering through Continental Testing and Pearson VUE. First-time applicants are required to provide certification of education and proof of fingerprinting when applying with Continental Testing, which will approve the applicants upon reception of the required documentation.
Iowa:
The Iowa Board of Nursing establishes that applicants need an authorization to test from the board in order to take the NCLEX. The board will issue an authorization to test upon receipt of:
1. Application with required fee;
2. Proof of fingerprinting;
3.Official transcripts sent directly from the nursing program and;
4. Proof of NCLEX registration, including payment for the exam.
[655 IAC s. 3.4 (4)]
Michigan:
The Michigan Compiled Statutes mentions that nursing applicants need to pass a required examination as approved by the board [333 MCL Section 17213]. Michigan Administrative Code establishes that applicants must show that they meet the eligibility requirements to take the NCLEX, which are:
1. Submit a completed application with the required fee and;
2. Provide proof of completion of an appropriate education program that meets the requirements set forth by the board.
[MI Admin. Rules R 338.10203 and R 338.10204]
Minnesota:
The Minnesota Statutes requires nursing applicants to pass a national examination approved by the board [MN Stats 148.211]. The Minnesota Administrative Code establishes that the board will make applicants eligible to take the NCLEX upon receiving the following:
1. Application with required fee and;
2. Confirmation of program completion.
[MN Admin. Code 6305.0400 Subp. 12]
Summary of factual data and analytical methodologies:
In consultation with staff from the Department of Safety and Professional Services, the Board developed a proposed rule that revises the eligibility process for applicants to take the NCLEX.
Fiscal estimate and economic impact analysis:
The fiscal estimate and economic impact analysis are attached.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rule was posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local governmental units, and individuals. No comments were received.
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 Jennifer.Garrett@wisconsin.gov, or by calling (608) 266-2112. Agency contact person:
Sofia Anderson, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; email at DSPSAdminRules@wisconsin.gov. TEXT OF RULE
Section 1. N 2.105 (5) (a) is repealed and recreated to read:
N 2.105 (5) (a) The board shall make the applicant eligible for admission to the NCLEX as of the date of the applicant’s graduation or upon the board receiving a certificate of approval from the school of nursing that allows the applicant to take the NCLEX before graduation. As part of the application process, the applicant shall report the name of the nursing school they are attending along with the anticipated date of graduation or, if applicant is seeking to take the NCLEX before graduation, the school of nursing shall provide a certificate of approval. The applicant shall notify the board if their anticipated date of graduation changes.
Section 2. N 2.105 (5) (am) is created to read:
N 2.105 (5) (am) The applicant may not take or attempt to take the NCLEX before graduation or prior to a school of nursing providing a certificate of approval to the board.
Section 3. N 2.105 (5) (b) is amended to read:
N 2.105 (5) (b) The applicant shall contact the examination provider to schedule the NCLEX date and time within one year from the time the notice of eligibility is received by the applicant the applicant is eligible to take the examination.
Section 4. N 2.105 (5) (d) is created to read:
N 2.105 (5) (d) Failure to comply with the terms of this subsection may result in a denial of application for licensure.
Section 5. N 2.105 (8) is created to read:
N 2.105 (8) If a license is issued based on fraud, deceit, or material omission of fact, the board shall take any action it deems necessary pursuant to s. 441.07 (1g), Stats. Section 6. N 2.11 (3) (b) is repealed and recreated to read:
N 2.11 (3) (b) The board shall make the applicant eligible for admission to the NCLEX as of the date of the applicant’s graduation or upon the board receiving a certificate of approval from the school of nursing that allows the applicant to take the NCLEX before graduation. As part of the application process, the applicant shall report the name of the nursing school they are attending along with the anticipated date of graduation or, if applicant is seeking to take the NCLEX before graduation, the school of nursing shall provide a certificate of approval. The applicant shall notify the board if their anticipated date of graduation changes.
Section 7. N 2.11 (3) (bm) is created to read:
N 2.11 (3) (bm) The applicant may not take or attempt to take the NCLEX before graduation or prior to a school of nursing providing a certificate of approval to the board.
Section 8. N 2.11 (3) (c) is amended to read:
N 2.11 (3) (c) The applicant shall contact the examination provider to schedule the NCLEX date and time within one year from the time the notice of eligibility is received by the applicant the applicant is eligible to take the examination.
Section 9. N 2.11 (3) (e) is created to read:
N 2.11 (3) (e) Failure to comply with the terms of this subsection may result in a denial of application for licensure.
Section 10. N 2.11 (6) is created to read:
N 2.11 (6) If a license is issued based on fraud, deceit, or material omission of fact, the board shall take any action it deems necessary pursuant to s. 441.07 (1g), Stats. Section 11. N 2.12 (3) (b) is repealed and recreated to read:
N 2.12 (3) (b) The board shall make the applicant eligible for admission to the NCLEX as of the date of the applicant’s graduation or upon the board receiving a certificate of approval from the school of nursing that allows the applicant to take the NCLEX before graduation. As part of the application process, the applicant shall report the name of the nursing school they are attending along with the anticipated date of graduation or, if applicant is seeking to take the NCLEX before graduation, the school of nursing shall provide a certificate of approval. The applicant shall notify the board if their anticipated date of graduation changes.
Section 12. N 2.12 (3) (bm) is created to read:
N 2.12 (3) (bm) The applicant may not take or attempt to take the NCLEX before graduation or prior to a school of nursing providing a certificate of approval to the board.
Section 13. N 2.12 (3) (c) is amended to read:
N 2.12 (3) (c) The applicant shall contact the examination provider to schedule the NCLEX date and time within one year from the time the notice of eligibility is received by the applicant the applicant is eligible to take the examination.
Section 14. N 2.12 (3) (e) is created to read:
N 2.12 (3) (e) Failure to comply with the terms of this subsection may result in a denial of application or licensure.
Section 15. N 2.12 (6) is created to read:
N 2.12 (6) If a license is issued based on fraud, deceit, or material omission of fact, the board shall take any action it deems necessary pursuant to s. 441.07 (1g), Stats. Section 16. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. (END OF TEXT OF RULE)
