CR 14-078 Rule Text

STATE OF WISCONSIN

Nursing Home Administrator

Examining Board

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE NURSING

HOME ADMINISTRATOR EXAMINING BOARD

ORDER OF THE NURSING HOME ADMININSTRATOR EXAMINING BOARD

ADOPTING RULES

(CLEARINGHOUSE RULE 14-078)

ORDER

An order of the Nursing Home Administrator Examining Board to repeal NHA 2.02 (1), and (4) (Note 2), and 2.03; to renumber NHA 4.01 (1) (d); to amend NHA 2.02 (4) and (4) (Note 1), 4.01 (1) (c) (Note), and 4.02 (1) (c) and (2) (a) 4; and to create NHA 4.01 (1) (d) 1. to 3. and 4.02 (3), related to entrance to examinations.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Sections 440.071 and 456.11, Stats.

Statutory authority:

Sections 15.08 (5) (b) and 227.11 (2) (a), Stats., and 2013 Wisconsin Act 114

Explanation of agency authority:

The Nursing Home Administrator Examining Board is generally empowered by ss. 15.08 (5) (b) and 227.11 (2) (a), Stats., to promulgate rules that will provide guidance within the profession and interpret the statutes it administers. 2013 Wisconsin Act 114 provides that neither the department, nor any of its attached boards, may require applicants for licensure to complete their post-secondary education before being eligible to take their licensure exam. This legislation prompted the Nursing Home Administrator Examining Board to exercise its rule-making authority to amend pertinent sections of Wis. Admin. Code ch. NHA 1 to 5 in order to give guidance within the profession related to entrance to examinations.

Related statute or rule:

Wis. Admin. Code chs. NHA 2 and 4

Plain language analysis:

These rules address changes instituted by the passage of 2013 Wisconsin Act 114. The Act requires the department and its attached boards to allow applicants for licensure to take their credentialing examination before completing any post-secondary education, program of study, or specialized courses. These proposed rules carry out the legislative intent by amending Wis. Admin. Code ss. NHA 2, and 4. These rules also address the reinstatement of a license by adding the term to Wis. Admin. Code s. NHA 4.02. The new provision sets forth what applicants should do to reinstate a suspended or revoked license with unmet disciplinary requirements.

SECTION 1. deletes the provision requiring education as a prerequisite to sit for the examination.

SECTION 2. amends a provision by removing language referring to the administration of an examination.

SECTION 3. amends the first note under NHA 2.02 (4) by updating where applicants can receive applications.

SECTION 4. repeals the second note under NHA 2.02 (4) and the provision regarding examination requirements.

SECTION 5. amends the first note under NHA 4.01 (1) (c) by updating where applicants can receive applications and adds education as a perquisite for licensure.

SECTION 6. creates an introductory phrase for NHA 4.01 (1) (d).

SECTION 7. creates new educational requirements for licensure.

SECTION 8. updates citations regarding fees that accompany applications.