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SB394,79
1Section 79. 440.03 (13) (b) 3. of the statutes is repealed.
SB394,80 2Section 80. 440.03 (13) (b) 39m. of the statutes is created to read:
SB394,40,33 440.03 (13) (b) 39m. Nurse, advanced practice registered.
SB394,81 4Section 81. 440.03 (13) (b) 42. of the statutes is repealed.
SB394,82 5Section 82. 440.08 (2) (a) 4m. of the statutes is repealed.
SB394,83 6Section 83. 440.08 (2) (a) 47. of the statutes is created to read:
SB394,40,87 440.08 (2) (a) 47. Nurse, advanced practice registered: March 1 of each
8even-numbered year.
SB394,84 9Section 84. 440.08 (2) (a) 50. of the statutes is repealed.
SB394,85 10Section 85 . 440.094 (1) (c) 1. of the statutes, as created by 2021 Wisconsin Act
1110
, is amended to read:
SB394,40,1412 440.094 (1) (c) 1. A registered nurse, licensed practical nurse, or nurse midwife
13licensed under ch. 441, or an
advanced practice registered nurse prescriber certified
14licensed under ch. 441.
SB394,86 15Section 86 . 440.094 (2) (a) (intro.) of the statutes, as created by 2021 Wisconsin
16Act 10
, is amended to read:
SB394,40,2317 440.094 (2) (a) (intro.) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16,
18441.09 (3) (b), 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51
19(1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m),
20457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider
21may provide services within the scope of the credential that the health care provider
22holds and the department shall grant the health care provider a temporary
23credential to practice under this section if all of the following apply:
SB394,87 24Section 87 . 440.981 (1) of the statutes is amended to read:
SB394,41,5
1440.981 (1) No person may use the title “licensed midwife," describe or imply
2that he or she is a licensed midwife, or represent himself or herself as a licensed
3midwife unless the person is granted a license under this subchapter or is licensed
4as a nurse-midwife under s. 441.15 an advanced practice registered nurse and
5possesses a certified nurse-midwife specialty designation under s. 441.09
.
SB394,88 6Section 88 . 440.982 (1) of the statutes is amended to read:
SB394,41,117 440.982 (1) No person may engage in the practice of midwifery unless the
8person is granted a license under this subchapter, is granted a temporary permit
9pursuant to a rule promulgated under s. 440.984 (2m), or is licensed as a
10nurse-midwife under s. 441.15
an advanced practice registered nurse and possesses
11a certified nurse-midwife specialty designation under s. 441.09
.
SB394,89 12Section 89 . 440.987 (2) of the statutes is amended to read:
SB394,41,1613 440.987 (2) One member who is licensed as a nurse-midwife under s. 441.15
14an advanced practice registered nurse and possesses a certified nurse-midwife
15specialty designation under s. 441.09
and who practices in an out-of-hospital
16setting.
SB394,90 17Section 90 . 441.001 (1c) of the statutes is created to read:
SB394,41,2318 441.001 (1c) Advanced practice registered nursing. “Advanced practice
19registered nursing” means the advanced practice of nursing in one of the 4 recognized
20roles based on advanced clinical knowledge and skills focusing on direct care of
21individuals, greater responsibility, autonomy, and accountability for the provision of
22care, health promotion and maintenance, including prescribing pharmacological
23agents and therapeutics, and management of patient conditions.
SB394,91 24Section 91 . 441.001 (1m) of the statutes is created to read:
SB394,42,8
1441.001 (1m) Clinical pharmacology or therapeutics. “Clinical
2pharmacology or therapeutics” means the identification of individual and classes of
3drugs, their indications and contraindications, their efficacy, their side effects, and
4their interactions, as well as clinical judgment skills and decision-making based on
5thorough interviewing, history taking, physical assessment, test selection and
6interpretation, pathophysiology, epidemiology, diagnostic reasoning, differentiation
7of conditions, treatment decisions, case evaluation, and nonpharmacological
8interventions.
SB394,92 9Section 92. 441.001 (3c) of the statutes is created to read:
SB394,42,1410 441.001 (3c) Practice of a certified nurse-midwife. “Practice of a certified
11nurse-midwife” means practice in the management of women's health care,
12pregnancy, childbirth, postpartum care for newborns, family planning, and
13gynecological services consistent with the standards of practice of the American
14College of Nurse-Midwives or its successor.
SB394,93 15Section 93. 441.001 (3g) of the statutes is created to read:
SB394,42,2216 441.001 (3g) Practice of a certified registered nurse anesthetist. “Practice
17of a certified registered nurse anesthetist” means providing anesthesia care, pain
18management care, and care related to anesthesia and pain management for persons
19across their lifespan, whose health status may range from healthy through all levels
20of acuity, including persons with immediate, severe, or life-threatening illness or
21injury, in diverse settings, including hospitals, ambulatory surgery centers,
22outpatient clinics, medical offices, and home health care settings.
SB394,94 23Section 94. 441.001 (3n) of the statutes is created to read:
SB394,43,224 441.001 (3n) Practice of a clinical nurse specialist. “Practice of a clinical
25nurse specialist” means providing advanced nursing care, primarily in health care

1facilities, including the diagnosis and treatment of illness for identified specific
2populations based on a specialty.
SB394,95 3Section 95. 441.001 (3r) of the statutes is created to read:
SB394,43,74 441.001 (3r) Practice of a nurse practitioner. “Practice of a nurse
5practitioner” means practice in ambulatory, acute, and long-term care settings as a
6primary and specialty care provider who assesses, diagnoses, treats, and manages
7acute, episodic, and chronic illnesses.
SB394,96 8Section 96. 441.001 (3w) of the statutes is created to read:
SB394,43,109 441.001 (3w) Prescription order. “Prescription order” has the meaning given
10in s. 450.01 (21).
SB394,97 11Section 97 . 441.001 (5) of the statutes is created to read:
SB394,43,1312 441.001 (5) Recognized role. “Recognized role” means one of the following
13roles:
SB394,43,1414 (a) Certified nurse-midwife.
SB394,43,1515 (b) Certified registered nurse anesthetist.
SB394,43,1616 (c) Clinical nurse specialist.
SB394,43,1717 (d) Nurse practitioner.
SB394,98 18Section 98 . 441.01 (3) of the statutes is amended to read:
SB394,43,2519 441.01 (3) The board may promulgate rules to establish minimum standards
20for schools for professional nurses and, schools for licensed practical nurses, and
21schools for advanced practice registered nurses,
including all related clinical units
22and facilities, and make and provide periodic surveys and consultations to such
23schools. It The board may also establish promulgate rules to prevent unauthorized
24persons from practicing professional nursing. It shall approve all rules for the
25administration of this chapter in accordance with ch. 227.
SB394,99
1Section 99. 441.01 (4) of the statutes is amended to read:
SB394,44,72 441.01 (4) The board shall direct that those schools that qualify be placed on
3a list of schools the board has approved for professional nurses or, of schools the board
4has approved for licensed practical nurses, or of schools the board has approved for
5advanced practice registered nurses
on application and proof of qualifications;, and
6the board shall make a study of nursing education and initiate promulgate rules and
7policies to improve it.
SB394,100 8Section 100 . 441.01 (7) (a) (intro.) of the statutes is amended to read:
SB394,44,129 441.01 (7) (a) (intro.) The board shall require each applicant for the renewal
10of a registered nurse or, licensed practical nurse, or advanced practice registered
11nurse
license issued under this chapter to do all of the following as a condition for
12renewing the license:
SB394,101 13Section 101 . 441.01 (7) (b) of the statutes is amended to read:
SB394,44,2014 441.01 (7) (b) The board may not renew a registered nurse or, licensed practical
15nurse, or advanced practice registered nurse license under this chapter unless the
16renewal applicant has completed the nursing workforce survey to the satisfaction of
17the board. The board shall establish standards to determine whether the survey has
18been completed. The board shall, by no later than June 30 of each odd-numbered
19year, submit all completed nursing workforce survey forms to the department of
20workforce development.
SB394,102 21Section 102 . 441.01 (7) (c) of the statutes is created to read:
SB394,44,2422 441.01 (7) (c) An applicant who is renewing both a registered nurse and
23advanced practice registered nurse license under s. 441.09 (1) (c) is only required to
24pay a single fee under par. (a) 2.
SB394,103 25Section 103 . 441.06 (title) of the statutes is repealed and recreated to read:
SB394,45,1
1441.06 (title) Registered nurses; civil liability exemption.
SB394,104 2Section 104. 441.06 (3) of the statutes is amended to read:
SB394,45,83 441.06 (3) A Except as provided in s. 441.09 (1) (c), a registered nurse
4practicing for compensation shall, on or before the applicable renewal date specified
5under s. 440.08 (2) (a), submit to the board on furnished forms a statement giving
6name, residence, and other facts that the board requires, with the nursing workforce
7survey and fee required under s. 441.01 (7) and the applicable renewal fee
8determined by the department under s. 440.03 (9) (a).
SB394,105 9Section 105 . 441.06 (4) of the statutes is amended to read:
SB394,45,1810 441.06 (4) Except as provided in s. 257.03, no person may practice or attempt
11to practice professional nursing, nor use the title, letters, or anything else to indicate
12that he or she is a registered or professional nurse unless he or she is licensed under
13this section. Except as provided in s. 257.03, no person not so licensed may use in
14connection with his or her nursing employment or vocation any title or anything else
15to indicate that he or she is a trained, certified or graduate nurse. This subsection
16does not apply to any registered nurse who holds a multistate license, as defined in
17s. 441.51 (2) (h), issued by a jurisdiction, other than this state, that has adopted the
18enhanced nurse licensure compact under s. 441.51.
SB394,106 19Section 106. 441.06 (7) of the statutes is renumbered 441.09 (7) and amended
20to read:
SB394,45,2321 441.09 (7) Civil liability. No person certified licensed as an advanced practice
22registered nurse prescriber under s. 441.16 (2) this section is liable for civil damages
23for any of the following:
SB394,46,324 (a) Reporting in good faith to the department of transportation under s. 146.82
25(3) a patient's name and other information relevant to a physical or mental condition

1of the patient that in the advanced practice nurse prescriber's registered nurse's
2judgment impairs the patient's ability to exercise reasonable and ordinary control
3over a motor vehicle.
SB394,46,84 (b) In good faith, not reporting to the department of transportation under s.
5146.82 (3) a patient's name and other information relevant to a physical or mental
6condition of the patient that in the advanced practice nurse prescriber's registered
7nurse's
judgment does not impair the patient's ability to exercise reasonable and
8ordinary control over a motor vehicle.
SB394,107 9Section 107. 441.07 (1g) (intro.), (a), (c) and (e) of the statutes are amended
10to read:
SB394,46,1811 441.07 (1g) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
12board may deny an initial license or revoke, limit, suspend, or deny the renewal of
13a license of a registered nurse, nurse-midwife advanced practice registered nurse,
14or licensed practical nurse; deny an initial certificate or revoke, limit, suspend, or
15deny the renewal of a certificate to
prescribe drugs or devices granted under s.
16441.16;
or reprimand a registered nurse, nurse-midwife advanced practice
17registered nurse
, or licensed practical nurse, if the board finds that the applicant or
18licensee committed any of the following:
SB394,46,1919 (a) Fraud in the procuring or renewal of the certificate or license.
SB394,46,2220 (c) Acts which that show the registered nurse, nurse-midwife advanced
21practice registered nurse,
or licensed practical nurse to be unfit or incompetent by
22reason of negligence, abuse of alcohol or other drugs, or mental incompetency.
SB394,46,2523 (e) A violation of any state or federal law that regulates prescribing or
24dispensing drugs or devices, if the person has a certificate to prescribe drugs or
25devices under s. 441.16
may issue prescription orders under s. 441.09 (2).
SB394,108
1Section 108. 441.09 of the statutes is created to read:
SB394,47,5 2441.09 Advanced practice registered nurses; civil liability exemption.
3(1)
License. (a) An applicant who satisfies all of the following requirements may
4apply to the board for initial licensure by the board as an advanced practice
5registered nurse:
SB394,47,66 1. The applicant satisfies one of the following criteria:
SB394,47,87 a. The applicant holds a valid license to practice as a registered nurse issued
8under s. 441.06 (1), (1c), or (1m).
SB394,47,109 b. The applicant applies concurrently for a license under s. 441.06 (1), (1c), or
10(1m) with the application for a license under this paragraph.
SB394,47,1311 c. The applicant is a registered nurse who holds a multistate license, as defined
12in s. 441.51 (2) (h), issued by a jurisdiction, other than this state, that has adopted
13the nurse licensure compact.
SB394,47,1514 2. The applicant provides evidence satisfactory to the board that he or she
15satisfies one of the following criteria:
SB394,47,2016 a. The applicant has completed a graduate-level or postgraduate-level
17education program that is approved by the board and that prepares the applicant for
18the practice of advanced practice registered nursing in one of the 4 recognized roles,
19and the applicant holds a current certification by a national certifying body approved
20by the board.
SB394,47,2421 b. On January 1, 2019, the applicant was licensed as a registered nurse in this
22state and was practicing in a recognized role, and the applicant satisfies additional
23criteria established by the board by rule under sub. (6) (c) relating to practice,
24education, or certification.
SB394,47,2525 3. The applicant pays the fee specified under s. 440.05 (1).
SB394,48,2
14. The applicant provides evidence of any malpractice liability insurance
2coverage required under sub. (5).
SB394,48,63 5. If the applicant is applying to receive a certified nurse-midwife specialty
4designation under par. (b) 1., the applicant provides evidence satisfactory to the
5board that the applicant is currently certified by the American Midwifery
6Certification Board or its successor.
SB394,48,87 6. The applicant does not have an arrest or conviction record, subject to ss.
8111.321, 111.322, and 111.335.
SB394,48,119 7. The applicant meets any other criteria established by the board by rule under
10sub. (6) (c) relating to the education, training, or experience required for each
11recognized role.
SB394,48,1712 (b) 1. a. Subject to subd. 3. and s. 441.07 (1g), the board shall grant an advanced
13practice registered nurse license to an applicant the board determines meets the
14requirements under par. (a). The board shall also grant a person who is granted a
15license under this subd. 1. a. one or more specialty designations corresponding to the
16recognized roles for which the board determines that the person qualifies based on
17the person's qualifications under par. (a).
SB394,48,2318 b. The board shall grant an advanced practice registered nurse license to each
19individual who, on the day before the effective date of this subd. 1. b. .... [LRB inserts
20date], was certified to issue prescription orders under s. 441.16, 2019 stats. The
21board shall also grant a person who is granted a license under this subd. 1. b. one or
22more specialty designations corresponding to the recognized roles for which the
23board determines that the person qualifies based on the person's qualifications.
SB394,49,324 c. The board shall grant an advanced practice registered nurse license to each
25individual who, on the day before the effective date of this subd. 1. c. .... [LRB inserts

1date], was licensed as a nurse-midwife under s. 441.15, 2019 stats. The board shall
2also grant a person who is granted a license under this subd. 1. c. a nurse-midwife
3specialty designation.
SB394,49,54 2. Each specialty designation granted under subd. 1. shall appear on the
5person's advanced practice registered nurse license.
SB394,49,86 3. The board may not grant an advanced practice registered nurse license to
7a person applying concurrently for a license under s. 441.06 (1), (1c), or (1m), unless
8the board also grants the person the license under s. 441.06 (1), (1c), or (1m).
SB394,49,109 4. The board may place specific limitations on a person licensed as an advanced
10practice registered nurse as a condition of licensure.
SB394,49,1311 5. If all of the following apply to a person, a notation indicating that the person
12may not issue prescription orders shall appear on the person's advanced practice
13registered nurse license:
SB394,49,1614 a. The person is granted an advanced practice registered nurse license under
15subd. 1. a. and satisfies only par. (a) 2. b. but not par. (a) 2. a., or the person is granted
16an advanced practice registered nurse license under subd. 1. c.
SB394,49,1817 b. On January 1, 2019, the person did not hold a certificate under s. 441.16 (2),
182019 Stats.
SB394,50,619 (c) On or before the applicable renewal date specified under s. 440.08 (2) (a),
20an advanced practice registered nurse shall submit to the board on a form furnished
21by the board a statement giving his or her name and residence, the nursing workforce
22survey and fee required under s. 441.01 (7), evidence of having satisfied the
23continuing education requirements under sub. (4), evidence of any malpractice
24liability insurance coverage required under sub. (5), current evidence that the person
25satisfies each of the requirements under par. (a) 1., 2., 5., and 7. that apply with

1respect to the person, and any other information that the board requires by rule, with
2the applicable renewal fee determined by the department under s. 440.03 (9) (a). The
3board shall grant to a person who satisfies the requirements under this paragraph
4the renewal of his or her advanced practice registered nurse license and specialty
5designations granted under par. (b) 1. and shall, if the person holds a license under
6s. 441.06 (1), (1c), or (1m), also grant the renewal of that license.
SB394,50,10 7(2) Prescribing authority. (a) Except as provided in par. (b), an advanced
8practice registered nurse may issue prescription orders, subject to the rules
9promulgated under sub. (6) (a) and (d), and may provide expedited partner therapy
10in the manner described in s. 441.092.
SB394,50,1411 (b) An advanced practice registered nurse may not issue prescription orders if
12a notation under sub. (1) (b) 5. indicating that the advanced practice registered nurse
13may not issue prescription orders appears on the advanced practice registered
14nurse's license.
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