STATE OF WISCONSIN
BOARD OF NURSING
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
BOARD OF NURSING
ORDER OF THE BOARD OF NURSING ADOPTING RULES
The statement of scope for this rule, SS # 003-18, was approved by the
Governor on January 18, 2018, published in Register 745A4 on January 22, 2018, and approved by Board of Nursing on March 21, 2018.
This emergency rule was approved by the Governor on April 10, 2018.
ORDER
An order of the Board of Nursing to repeal N 9.01, 9.02, 9.03, and 9.04; to amend N 2.10 (1) (intro.), 2.10 (2) (intro.), 2.11 (title), 2.12 (title), 2.20 (title) and 2.21 (title); and to create N 2.02 (1m), (8m), (9m), and (11), 2.10 (1m), 2.10 (2m), 2.105, 2.19, 2.31 (3) (note) and N 9 Appendix relating to the nurse licensure compact.
Analysis prepared by the Department of Safety and Professional Services.
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FINDING OF EMERGENCY
2017 Act 135 provides authorization to the Board of Nursing to promulgate an emergency rule without providing evidence that an emergency rule is necessary for the preservation of the public peace, health, safety or welfare and without providing a finding of emergency. ---------------------------------------------------------------------------------------------------------------------
ANALYSIS
Explanation of agency authority:
The examining board promulgates rules for its own guidance and for the guidance of the profession. [s. 15.08 (5) (b), Stats.] The board approves all rules for the administration of ch. 441, Stats., in accordance with ch. 227, Stats. [ s. 441.01 (3), Stats.] Plain language analysis:
Section 1 creates definitions relating to the nurse licensure compact. A Board approved prelicensure education program is a program from a Wisconsin board approved school or a prelicensure program approved by another state board of nursing. A multistate license is a license issued by Wisconsin which authorizes the person to practice in compact states under the multistate licensure privilege. A party state is any state that has adopted the nurse licensure compact. A single state license is a license issued by Wisconsin that allows the nurse to practice only in Wisconsin.
Sections 2 and 4 amends N 2.10 (1) and (2) to apply only to single state licenses.
Sections 3 and 5 create qualifications for a multistate license based upon the uniform licensure requirements. To qualify for a multistate license a nurse must graduate from a board approved prelicensure program, pass NCLEX, be eligible for or hold an active, unencumbered license, not be convicted of a felony, not be convicted of a misdemeanor related to the practice of nursing, not be enrolled in an alternative program (professional assistance procedure or equivalent) and holds a valid social security number.
Section 6 delineates the application process for the multistate license. An applicant must: complete an application; pay a fee; provide proof of graduation of a board approved prelicensure program; provide evidence of passing NCLEX; submit fingerprints or other biometric-based information for purposes of obtaining criminal history information; and if there is a misdemeanor conviction information necessary for the board to determine if the circumstances are substantially related to the practice of nursing.
Sections 7 and 8 amend the titles for sections N 2.11 and N 2.12 to pertain to only single state licenses. Section 9 delineates the application process for multistate licenses by endorsement from another state or jurisdiction. An applicant must: complete an application; pay a fee; declare Wisconsin the primary state of residence; provide proof of graduation of a board approved prelicensure program; provide evidence of passing NCLEX; submit fingerprints or other biometric-based information for purposes of obtaining criminal history information; and if there is a misdemeanor conviction information necessary for the board to determine if the circumstances are substantially related to the practice of nursing.
Sections 10 and 11 amend titles to indicate the sections pertain only to single state licenses.
Section 12 creates a note indicating that a temporary license does not convey a multistate licensure privilege.
