STATE OF WISCONSIN BOARD OF NURSING
IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE PROCEEDINGS BEFORE THE : BOARD OF NURSING BOARD OF NURSING : ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 084-22, was approved by the Governor on October 21, 2022, published in Register 802A4 on October 24, 2022, and approved by the Board of Nursing on November 8, 2022. This emergency rule was approved by the Governor on November 17, 2022. PROPOSED ORDER
An order of the Board of Nursing to amend N 2.105 (5) (b), N 2.11 (3) (c), and N 2.12 (3) (c); to create N 2.105 (5) (am), (d), (e), N 2.11 (3) (bm), (e), (f), and N 2.12 (3) (bm), (e), (f); and to repeal and recreate N 2.105 (5) (a), N 2.11 (3) (b), and N 2.12 (3) (b), relating to modification of Board review process to take the NCLEX.
Analysis prepared by the Department of Safety and Professional Services.
FINDING OF EMERGENCY
This rule is necessary for the public to increase health care access by modifying the Board review process that allows nurse applicants to take the National Council Licensure Examination (NCLEX). An expeditious promulgation of the proposed rule is in the best interest of Wisconsin’s economy and public welfare, as it will help ensure the opportunity for nurses in Wisconsin to join the workforce sooner by making the eligibility process more accessible.
ANALYSIS
Statutes interpreted: Subchapter I of ch. 441, Stats. Explanation of agency authority:
Section 15.01 (7), Stats., defines examining boards and states that “’[e]xamining board’ includes the board of nursing.” 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 441.01 (3), Stats., provides “[t]he board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch. 227.” Related statute or rule:
Subchapter I of ch. 441, Stats. Plain language analysis:
Chapter N 2 contains the application procedures for single state and multistate licenses, which includes the provision that the Board of Nursing will make the applicants eligible to take the NCLEX upon receiving proof of graduation or completion of the educational requirements of a nursing program. The Board of Nursing has reviewed this requirement in an effort to make nurse applications go through the licensure process much faster than in the past and has decided to make applicants eligible to take the NCLEX once they submit proof of anticipated graduation or completion of the educational program. The modification of the process will require applicants to provide the required information when they start applying for licensure. Applicants will be responsible for providing proof of completion before taking the examination and will have to inform the Board of any changes that may affect their ability to take the NCLEX. However, the Board will still require formal proof of graduation or certificate of approval as a condition of issuing the license. Summary of, and comparison with, existing or proposed federal regulation:
None.
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;
