STATE OF WISCONSIN
BOARD OF NURSING
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IN THE MATTER OF RULE-MAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : BOARD OF NURSING
BOARD OF NURSING : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-140)
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ORDER
An order of the Board of Nursing to repeal N 2.20; to renumber and amend N 2.12 (2) (a); to amend N 2.12 (2) (intro.), 2.21 (title), (1) (a) (intro.) and (b) (intro.), and (2) (e), and 2.35 (1); and to create N 2.12 (2) (a) 1. and 2., relating to licensure.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides that each examining board “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.” Section 441.01 (3), Stats., provides that the Board of Nursing “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:
Plain language analysis:
In 2014, the Board completed a comprehensive update of the licensure provisions in ch. N 2. Since that time, the Board has received stakeholder feedback that has led the Board to determine that some of the licensure provisions in ch. N 2 require revision. In addition, current rules do not reflect 2017 Wisconsin Act 329, which eliminated the requirement that an applicant for renewal of a temporary permit under s. 441.08, Stats., complete the nursing workforce survey administered by the Wisconsin Department of Workforce Development. To address these issues, the rules make the following changes:
Section N 2.12 (2) (intro.) is revised to clarify that acceptable documentation of nursing education is the same for education completed at a nursing school located in a U.S. territory and education completed at a nursing school located in the United States.
Section N 2.12 (2) (a) is revised to allow a professional nursing applicant to document education by submitting a credential evaluation service academic report and demonstration of passing a Board-accepted language proficiency exam.
The requirements for single-state licensure by endorsement in ss. N 2.20 (endorsement of an applicant from a nurse licensure compact state) and N 2.21 (endorsement of an applicant from another U.S. state, U.S. territory, or Canada) are consolidated.
Section N 2.21 (2) (e), which requires an applicant to provide the Board with all information related to termination from any employment related to nursing, is revised to apply to termination from employment that occurred within the 10 years immediately preceding the date of application.
Section N 2.35 (1), relating to renewal of a temporary permit for a registered nurse or practical nurse, is revised to reflect the provisions of 2017 Wisconsin Act 329 by eliminating the requirement to complete the nursing workforce survey. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
An applicant is eligible for nurse licensure by examination if the applicant completes an application, pays the applicable fee, submits to a criminal background check, and graduates from an approved school. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse is eligible for licensure if the applicant completes an application; pays the fee; submits to a criminal background check; graduates from an approved school; and submits verification of licensure status from the jurisdiction of original licensure, the current state of licensure, and all states the applicant has directly practiced in within the last 5 years. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools.
Iowa:
An applicant is eligible for nurse licensure by examination if the applicant graduated from high school or the equivalent, completes an application, pays the applicable fee, graduated from an approved program, and passes the NCLEX. If the person has a criminal conviction history or prior disciplinary action, the applicant must receive board approval. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse from a compact state must submit a completed application, pay the applicable fee, and declare Iowa as their primary state. A nurse is eligible for licensure by endorsement from a non-compact state if the applicant completes an application, pays the applicable fee, provides verification of original licensure and nursing program transcripts, and submits to a criminal background check. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. If the person has a criminal conviction history or prior disciplinary action, the applicant must receive board approval.
Michigan:
An applicant is eligible for nurse licensure by examination if the applicant completes an application, pays the applicable fees, and verifies successful completion of an approved nursing education program and the NCLEX. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse is eligible for licensure by endorsement if the applicant completes an application, pays the applicable fee, verifies graduation from an approved school of nursing, and was first licensed in another state pursuant to passage of NCLEX.
Minnesota:
An applicant is eligible for licensure by examination if the applicant completes an application, pays the applicable fee, and verifies graduation from an approved nursing school and successful completion of the NCLEX. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse is eligible for licensure by endorsement if the applicant completes an application, pays the applicable fee, verifies licensure in another jurisdiction and successful completion of an examination acceptable to the board, and answers questions related to any prior disciplinary actions. If the applicant has not engaged in acceptable nursing practice within the 2 years preceding application, the applicant must complete one contact hour of continuing education for each month that the applicant was not engaged in acceptable practice, subject to a maximum of 60 hours. If the applicant has not practiced for more than 5 years, the applicant must complete a nurse refresher course.
Summary of factual data and analytical methodologies:
The Board reviewed the provisions of ch. N 2, taking into consideration stakeholder feedback and the provisions of 2017 Wisconsin Act 329. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the rules may affect businesses, local government units, and individuals. No comments were received.
Effect on small business:
These 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 Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435.
