Wis. Admin. Code N — Board of Nursing

Chapter N 1 APPROVAL FOR SCHOOLS OF NURSING

Wis. Admin. Code § N 1.01 Authority and intent {#sec-n-1.01 omnilex-key=us-wi-regs-official--agency-n--N 1.01}

(1) The rules in this chapter are adopted pursuant to authority of ss. 15.08 (5) (b) and 441.01 (3), Stats.

(2) The intent of the board of nursing in adopting rules in this chapter is to clarify requirements and develop efficient timelines for the nursing school approval process and to reduce duplication that exists between the board and nursing accreditation processes for nursing schools.

History

Cr. Register, January, 1983, No. 325, eff. 2-1-83; am. (2), Register, August, 1989, No. 404, eff. 9-1-89; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1989, No. 404; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538; CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § N 1.02 Definitions {#sec-n-1.02 omnilex-key=us-wi-regs-official--agency-n--N 1.02}

In this chapter:

(1) “Annual NCLEX pass rate” means the pass rates for those who took the NCLEX or advanced practice certification examination between January 1 and December 31.

(2) “Board” means board of nursing.

(3) “Certificate of completion” means a student has completed the portion of the program equivalent to a diploma in practical nursing or professional nursing.

(4) “Class” means a graduating class for each 12-month period.

(5) “Institution” means the college, university or governing body which has the authority to conduct a school of nursing.

(5g) “Institutional accreditation” means that the institution conforms to the standards of education prescribed by a regional accrediting commission recognized by the U.S. department of education.

(5r) “NCLEX” means national council licensure examination.

(6) “Nursing accreditation” means the school of nursing conforms to the standards of a board recognized nursing accreditation agency.

(8) “Out-of-state school” means a school operating in Wisconsin with a physical location outside of Wisconsin.

(10) “School of nursing” means a school for professional nurses or practical nurses.

(11) “School of practical nursing” means a school preparing students for practical nurse licensure.

(12) “School of professional nursing” means a school preparing nursing students at the associate, bachelor’s, or graduate degree level. This includes schools granting any of the following:

(a) Certificate of completion for practical nurse licensure or professional nurse licensure.

(b) Postlicensure bachelor’s degree.

(13) “Simulation” means planned clinical experiences to develop clinical judgment and assess learning utilizing patient simulators in an environment and under conditions that provide a realistic clinical scenario.

History

Cr. Register, January, 1983, No. 325, eff. 2-1-83; r. and recr. (1), r. (5) and (7), renum. (2) to (4), (8), (10) and (11) to be (3) to (5), (7), (13) and (14), cr. (2), (8), (10) to (12) and (15), am. (6) and (9) (intro.), Register, July, 1989, No. 403, eff. 8-1-89; CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; renumbering (7) and (9) to (5r) and (5g) under s. 13.92 (4) (b) 1., Stats., Register July 2014 No. 703; CR 17-095: cr. (13) Register August 2018 No. 752, eff. 9-1-18; CR 17-096: am. (1), (5g), r. and recr. (12) Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § N 1.03 Authorization to plan a school of nursing {#sec-n-1.03 omnilex-key=us-wi-regs-official--agency-n--N 1.03}

(1) An institution planning to establish and conduct a school of nursing for professional or practical nursing shall file with the board an application including all of the following:

(a) Name and address of the controlling institution and evidence of the accreditation status of the controlling institution.

(b) Statement of intent to establish a school of nursing, including the academic and licensure levels of all programs to be offered and the primary method of instruction.

(c) Evidence of the availability of sufficient clinical facilities and resources. No contracts with clinical facilities may be signed until after the institution receives authorization to plan from the board.

(d) Plans to recruit and employ a qualified educational administrator and qualified faculty.

(f) A proposed timeline for planning and implementing the program and intended date of entry for the first class.

(2) The board shall make a decision on the application within two months of the receipt of the completed application and notify the controlling institution of the action taken.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; CR 17-096: am. (1) (c) Register august 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § N 1.04 Authorization to admit students {#sec-n-1.04 omnilex-key=us-wi-regs-official--agency-n--N 1.04}

(1) The school of nursing shall file with the board an application including all of the following:

(a) Verification of employment of an educational administrator meeting the qualifications in s. N 1.08 (2) (a).

(b) Evidence of employment of sufficient number of faculty meeting the qualifications in s. N 1.08 (3) to teach the courses offered for the first six months.

(d) An overview of curriculum including all of the following:

Content.
Course sequence.
Course descriptions.
Course syllabi for the first year and plan for subsequent years.

(dm) Documentation of a school evaluation plan.

(e) Verification of the establishment of student policies for admission, progression, retention, and graduation.

(em) Documentation of a plan for student or prospective student access to student policies.

(f) Verification of the students’ ability to acquire clinical skills by providing all of the following:

Written agreements from clinical facilities securing clinical opportunities and documentation of the facility, type, size, number of beds, and type of patients. All written agreements shall be signed and dated after the date on which the school of nursing was granted authorization to plan by the board.
Documentation of simulation equipment and experiences.
Documentation that clinical experiences are representative of all areas of nursing practice covered by the school of nursing’s curriculum.

(g) An updated timeline for implementing the program and intended date for entry of the first class.

(2) The board shall make a decision on the application within 2 months of the receipt of the completed application.

(2g) A school of nursing which has received authorization to admit students shall provide the board on the first day of March, June, September, and December until the school of nursing receives approval, evidence of employment of sufficient number of faculty meeting s. N 1.08 (3) standards to teach the courses offered four months from the date the report is due.

(2r) The board may review the school of nursing to determine whether s. N 1.08 standards are being met by requiring any of the following:

(a) A site survey.

(b) A self-assessment.

(3) Withdrawal of authorization may occur for failure to meet the standards in s. N 1.08.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (1) (d) (intro.) made under s. 35.17, Stats., Register July 2014 No. 703; CR 17-096: am. (1) (a), (b), r. (1) (d) 4., cr. (1) (dm), (em), am. (1) (f) 1., cr. (1) (f) 3., (2g), (2r) Register August 2018 No. 752, eff. 9-1-18; correction in (2g) made under. s. 35.17, Stats., Register August 2018 No. 752.

Wis. Admin. Code § N 1.05 Approval of school of nursing {#sec-n-1.05 omnilex-key=us-wi-regs-official--agency-n--N 1.05}

(1) A school of nursing may apply for approval of the school of nursing upon graduation of the first class, but may not apply later than graduation of the third class. The school of nursing shall submit all of the following:

(a) A self-evaluation report setting forth evidence of compliance with the standards in s. N 1.08.

(b) The school of nursing’s ongoing systematic evaluation plan. The systematic evaluation plan shall include an evaluation of the annual pass rate of any graduates who took the NCLEX or an advanced practice certification examination.

(2) The board may conduct a site survey of the school of nursing. A determination to conduct a site survey shall occur within 2 months of receipt of completed application for approval.

(3) The board shall make a decision on the application within two months of the completed site survey or receipt of the completed application, whichever is later. The board shall approve the school based on verification that the school of nursing is in compliance with nursing education standards in s. N 1.08.

(4) The board may grant conditional approval. The notice of conditional approval shall contain a short statement in plain language of the basis, specifying the standard upon which the conditional approval is based. A school of nursing that receives a conditional approval may not admit new students to the school of nursing until the school of nursing receives full approval. The school of nursing may apply for full approval in three months from the date the school of nursing receives conditional approval.

(5) If the board denies the school of nursing approval, the notice of denial shall contain a short statement in plain language of the basis for denial, specifying the standard upon which the denial is based. The controlling institution shall do all of the following:

(a) Implement the time frame established by the board for transfer of enrolled students to an approved school of nursing and report to the board the date of transfer for each student by name.

(b) Arrange for the secure storage and access to academic records and transcripts for the next 50 years. Provide the board with the name and address of the educational institution or other organization that will be responsible for secure storage and access to academic records and transcripts for 50 years.

(d) Submit progress reports during the closure process upon request of the board.

(6) A school of nursing denied approval or given a conditional approval may request a hearing within 30 calendar days after the mailing of a notice. The school of nursing may be granted a stay of the school closure during the appeal process.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (1) (intro.) made under s. 35.17, Stats., Register July 2014 No. 703; CR 17-096: am. (1) (intro.), (b), (5) (c) Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § N 1.06 Approval of out of state school of nursing {#sec-n-1.06 omnilex-key=us-wi-regs-official--agency-n--N 1.06}

(1) Approval. An out-of-state school of nursing shall be approved if all of the following requirements are met:

(a) The school is approved by the board of the state the school is located.

(b) The school is accredited by a nursing accreditation body recognized by the Wisconsin board.

(2) Continued approval. An out-of-state school shall maintain approval as long as school of nursing meets the requirements in sub. (1).

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (2) made under s. 13.92 (4) (b) 1., Stats., Register July 2014 No. 703.

Wis. Admin. Code § N 1.07 Accreditation {#sec-n-1.07 omnilex-key=us-wi-regs-official--agency-n--N 1.07}

(1) A school of nursing shall receive nursing accreditation by a board recognized nursing accreditation agency within three years of school approval.

(2) Schools of professional nursing that grant a certificate of completion shall hold accreditation at the level of the complete degree at which a diploma is conferred.

(3) Failure to maintain nursing accreditation shall result in withdrawal of school approval.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; CR 17-096: am. (1) Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § N 1.08 Standards {#sec-n-1.08 omnilex-key=us-wi-regs-official--agency-n--N 1.08}

(1) Organization and administration. The institution shall assume legal responsibility for overall conduct of the school of nursing. The institution shall do all of the following:

(a) Designate an educational administrator, establish administrative policies, and provide fiscal, human, physical, clinical, and technical learning resources adequate to support school processes, security, and outcomes.

(b) Maintain institutional accreditation.

(d) Have written documentation between the school of nursing and institutions which offer associated academic study, clinical facilities, and agencies for related services for students.

(2) Educational administrator.

(a) The qualifications for the educational administrator are all of the following:

Current, active registered nurse license or privilege to practice in Wisconsin that is not encumbered.
A graduate degree with a major in nursing. A doctoral degree is required for a school of nursing offering a graduate degree nursing program.
Knowledge of learning principles for adult education, including nursing curriculum development, administration and evaluation and one of the following:

a. Two years experience as an instructor in a nursing education program within the last 5 years.

b. One year experience as an instructor in a nursing education program within the last 5 years and the graduate degree included education preparation.

Current knowledge of nursing practice.

(b) The educational administrator shall notify the board within 5 business days of a vacancy in the educational administrator’s position or change in educational administrator. Failure to report by the educational administrator is considered a violation of s. N 7.03 (1) (intro.).

(c) The institution shall designate an interim or permanent educational administrator and notify the board within 5 business days of a vacancy in the educational administrator position. The institution may request board approval of an interim educational administrator who does not meet the qualifications in par. (a).

(d) The interim educational administrator may serve no longer than 6 months. The institution may request an extension of time based upon hardship. The institution and new educational administrator shall notify the board within 5 business days of the institution’s hiring of the educational administrator.

(3) Faculty.

(a) Faculty standards. The school of nursing shall have evidence of the faculty meeting the standards in this section on file in the school of nursing office and available upon request to the board.

(b) Qualifications for professional nursing faculty. The qualifications for the faculty of a school of professional nursing are all of the following:

Hold a current, active registered nurse license or privilege to practice in Wisconsin that is not encumbered.
A graduate degree with a major in nursing.
Notwithstanding subd. 2., interprofessional faculty teaching interdisciplinary courses not specific to nursing shall have expertise and a graduate degree appropriate for the content being taught.

(c) Qualifications for practical nursing faculty. The qualifications for the faculty of a school of practical nursing are all of the following:

Hold a current, active registered nurse license or privilege to practice in Wisconsin that is not encumbered.
A baccalaureate degree with a major in nursing.

(d) Faculty exceptions. An educational administrator may apply to the board for exceptions to faculty requirements who are not teaching graduate level courses. A minimum of 50 percent of faculty must meet the faculty qualifications. A school of nursing that is granted a faculty exception for a faculty member shall provide the faculty member with a supervisor who meets the qualifications in par. (b) or (c). The board may grant any of the following exceptions:

‘Standard exception.’ A standard exception may be renewed upon showing proof of progress and continued active enrollment each year. The standard exception is for a person who has a baccalaureate degree in nursing and is actively enrolled in one of the following:

a. A master’s program with a major in nursing.

b. A bachelor’s in nursing to doctorate program in nursing.

c. A doctorate program in nursing.

‘Emergency exception.’ A person with a bachelor’s degree in nursing may be employed for a short-term, unanticipated emergency situation including medical leave. The emergency exception is for a term no longer than one semester. The emergency exception may not be renewed for the course taught or for the individual in consecutive semesters. An educational administrator who requests a second consecutive emergency exception is required to submit a plan regarding the school of nursing staffing levels, courses being offered, and the extenuating circumstances to the board prior to the board approving another emergency exception.
‘Non-nursing masters degree exception.’ A non-nursing master’s degree exception is for a person who has a unique combination of knowledge, experience, and skills that will best serve the school of nursing, faculty, and students in a specific content area. The person shall meet all of the following:

a. A bachelor’s degree in nursing.

b. A graduate degree related to the topic of the course the person is teaching.

c. Nursing experience in the area of teaching assignment.

(4) Curriculum. The curriculum shall enable the student to develop the nursing knowledge, skills and abilities necessary for the level, scope and standards of competent nursing practice expected at the level of licensure. All curriculum shall be developed by nursing faculty with a graduate degree and designed to teach students to use a systematic approach to clinical decision-making and safe patient care. Curriculum for graduate level courses shall be developed by nursing faculty with a doctoral degree. Curriculum shall be revised as necessary to maintain a program that reflects advances in health care and its delivery. The curriculum shall include all of the following:

(a) Evidence-based learning experiences and methods of instruction consistent with the written curriculum plan. The methods of instruction may include distance education methods.

(b) Diverse didactic and clinical learning experiences consistent with program outcomes.

Content in the biological, physical, social and behavioral sciences to provide a foundation for safe and effective nursing practice.
Content regarding professional responsibilities, legal and ethical issues, and history and trends in nursing and health care.
Didactic content and supervised clinical experiences in the prevention of illness and the promotion, restoration and maintenance of health in patients from diverse cultural, ethnic, social and economic backgrounds. Prelicensure programs shall include patients across the lifespan.

(5) Clinical learning experiences.

(a) Patient experiences shall occur in a variety of clinical or simulated settings of nursing practice expected at the level of licensure and shall include all of the following:

Integrating evidence-based research with patient goals and values to produce optimal care.
Providing patient-centered culturally competent care by doing all of the following:

b. Recognizing that the patient or designee is the source of control and full partner in providing coordinated care.

c. Coordinating and managing patient care across settings.

d. Providing education at a level understandable by the patient.

Collaborating with interprofessional teams to foster open communication, mutual respect, and shared decision-making in order to achieve safe and effective patient care.
Experiencing quality improvement processes to monitor patient care outcomes, identify possibility of hazards and errors and collaborate in the development and testing of changes that improve the quality and safety of health care systems.
Using information technology to communicate, mitigate errors, and support decision-making.

(b) All entities selected for clinical experiences shall adhere to standards which demonstrate concern for the patient and evidence of the skillful application of all measures of safe nursing practices.

(c) All faculty teaching clinical or practicum courses shall be experienced in the clinical area of the course and maintain clinical expertise.

(d) Faculty-supervised clinical practice shall include all of the following:

Development of skills in the provision of direct patient care.
Delegation to and supervision of other health care providers.
Effective application of the nursing process.

(e) Clinical experiences shall be supervised by qualified faculty.

(f) All student clinical experiences, including those with preceptors, shall be directed by nursing faculty.

(5m) simulation.

(a) Simulation used to meet clinical requirements shall adhere to all of the following:

Nursing faculty with documented education and training in the use of simulation shall develop, implement, and evaluate the simulation experience.
Prebriefing and debriefing are conducted by nursing faculty with subject matter expertise and training in simulation using evidence-based techniques.

(b) Simulation may not be utilized for more than 50% of the time designated for meeting clinical learning requirements.

(6) Preceptors.

(a) Preceptors shall be approved by the faculty of the school of nursing.

(b) The school of nursing shall provide each preceptor with an orientation concerning the roles and responsibilities of the students, faculty and preceptors. The preceptor shall have clearly documented roles and responsibilities.

(c) Clinical preceptors shall have an unencumbered license or privilege to practice in Wisconsin as a nurse at or above the licensure level for which the student is being prepared.

(d) Preceptors shall demonstrate competencies related to the area of assigned clinical teaching responsibilities.

(7) Evaluation. The school of nursing shall implement a comprehensive, systematic plan for ongoing evaluation. Evidence of implementation shall reflect progress toward or achievement of program outcomes.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; corrections in (3) made under s. 13.92 (4) (b) 1., Stats., in (3) (a) made under s. 13.92 (4) (b) 2., Stats., and in (4) (intro.), (c) (intro.), (5) (a) (intro.), (d) (intro.) made under s. 35.17, Stats., Register July 2014 No. 703; CR 17-095: am. (4) (intro.), (c) 3., (5) (a) (intro.), 1., r. (5) (a) 2., am. (5) (a) 3. (intro.), r. (5) (a) 3. a., r. and recr. (5) (a) 3. b., d., am. (5) (a) 4., 5., (b), (d) 1., r. (5) (d) 2., 3., cr. (5) (d) 5., (5m) Register August 2018 No. 752, eff. 9-1-18; CR 17-096: am. (1) (d), (2) (a) 2., r. and recr. (2) (a) 3., (b), cr. (2) (c), (d), r. and recr. (3) (b) 2., cr. (3) (b) 3., r. and recr. (3) (d) (intro.), 2., 3. (intro.), r. (3) (d) 3. d. Register August 2018 No. 752, eff. 9-1-18; correction in (3) (d) 2., 3. (intro.), (5) (a) 1., 5. made under s. 35.17, Stats., Register August 2018 No. 752, eff. 9-1-18; CR 21-009: r. (5m) (a) 3. Register December 2021 No. 792, eff. 1-1-22.

Wis. Admin. Code § N 1.09 Annual pass rates {#sec-n-1.09 omnilex-key=us-wi-regs-official--agency-n--N 1.09}

(1) Generally. The school of nursing NCLEX pass rate includes all prelicensure students taking the NCLEX in the school of nursing. The board shall consider both the registered nurse NCLEX and practical nurse NCLEX pass rates when evaluating a school of professional nursing that grants a certificate of completion for practical nursing. A school of nursing which contains graduate programs shall include all advanced practice certification examinations related to programs offered in the school of nursing.

(2) Annual pass rate standard. The annual pass rate of graduates taking the NCLEX or advanced practice certification examinations for all test takers is a minimum of 80%.

(3) Annual pass rate standard not met. If the annual pass rate standard is not met, the school of nursing shall receive a warning letter. The school shall identify factors that are potentially affecting the low pass rate and submit an assessment of contributing factors and institutional plan for improvement of examination results including outcomes and timeframes. The assessment and institutional plan shall be submitted to the board within 45 days of the board notifying the school of nursing of its failure to meet the annual pass rate standard and the institutional plan shall be acted on by the board no later than July 15. Failure to have a board approved plan by July 15 results in a review of the school of nursing under s. N 1.10 (4).

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (1) (title) made under s. 13.92 (4) (b) 2., Stats., Register July 2014 No. 703; CR 17-096: r. and recr. Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § N 1.10 Continuation of board approval {#sec-n-1.10 omnilex-key=us-wi-regs-official--agency-n--N 1.10}

(1) Schools of nursing shall file with the board all of the following:

(a) Annual self-evaluation reports by February 1.

(b) All documents submitted to or received from nursing accreditation agencies relating to compliance with accreditation standards.

(2) Failure to maintain nursing accreditation shall result in withdrawal of board approval and the procedures in s. N 1.11 (2) will commence.

(3) The board may review the school of nursing to determine whether s. N 1.08 standards are being met in the following situations:

(a) Change in school nursing accreditation status.

(b) Nursing accreditation reports indicate standards are not being met.

(d) Failure to meet annual pass rate standard in s. N 1.09.

(e) Violation of any of the rules under this chapter.

(4) The review of the school may include any of the following:

(a) A site survey.

(b) A self-assessment.

(5) If the board makes a determination that s. N 1.08 standards are not being met, all of the following procedures shall be followed:

(a) The school of nursing shall submit an institutional plan, including timelines, to correct identified deficiencies in the school of nursing.

(b) The board shall review the proposed plan and may make modifications to the plan.

(d) The board may withdraw board approval if the school of nursing continues to not meet standards.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (5) (intro.) made under s. 35.17, Stats., Register July 2014 No. 703; CR 17-096: am. (1) (a) to (c), (3) (c), (d), (4) (b), (c) Register August 2018 No. 752, eff. 9-1-18.

Wis. Admin. Code § N 1.11 Closure of a school of nursing {#sec-n-1.11 omnilex-key=us-wi-regs-official--agency-n--N 1.11}

(1) Voluntary. When a school of nursing intends to close, the institution shall do all of the following:

(a) Submit a plan of intent to close a school of nursing to the board, including all of the following:

The date of intended closure.
Reason for the closure.
Place for students who have not completed their nursing education.

(b) Ensure that the school of nursing is maintained, including retention of adequate number of faculty and approved curriculum, until the last student is transferred or graduates from the school of nursing.

(c) Notify the board of the name and address of the educational institution or other organization that will be responsible for secure storage and access to academic records and transcripts for 50 years.

(2) Withdrawal of nursing approval.

(a) If the board withdrawals approval of the school of nursing, the notice of withdrawal of approval shall contain a short statement in plain language of the basis for withdrawal of approval. The school of nursing may request a hearing within 30 calendar days after the mailing date of the notice.

(b) The institution shall do all of the following if approval of the school is withdrawn:

Implement the time frame established by the board for transfer of enrolled students to an approved school and report to the board the date of transfer for each student by name.
Arrange for the secure storage and access to academic records and transcripts for the next 50 years. Provide the board with the name and address of the educational institution or other organization that will be responsible for secure storage and access to academic records and transcripts for 50 years.
Close the school when the last student has transferred.
Submit progress reports during the closure process upon request of the board.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; corrections in (1) (intro.), (2) (b) (intro.) made under s. 35.17, Stats., Register July 2014 No. 703.

Wis. Admin. Code § N 1.12 Nursing refresher course approval {#sec-n-1.12 omnilex-key=us-wi-regs-official--agency-n--N 1.12}

(1) Intent of nurse refresher course. A nurse refresher course is designed for nurses who have not been practicing for five years or more.

(2) Faculty.

(a) The instructor shall have all of the following qualifications:

Masters degree in nursing.
Recent clinical experience or clinical teaching experience.

(b) If preceptors are used, the preceptor is selected by the instructor using criteria developed for the course and the instructor provides supervision of preceptors.

(3) Professional nurse content. The nurse refresher course designed for professional nurse shall have all of the following content:

(a) Theory portion including all of the following:

Nursing process review.
Infection control.
Medication and pharmacology update.
Recent trends in nursing techniques and responsibilities.
Communication.
Documentation and reporting.
Supervision and delegation.

(b) Skills lab of at least 25 hours including basic nursing skills review and technology and equipment update.

(c) Directly supervised or precepted clinical experience of 100 hours or more performed in a hospital, clinic, long-term, or subacute facility.

(4) Practical nurse content. The nurse refresher course designed for practical nurses shall have all of the following content:

(a) Theory portion including all of the following:

Nursing process review.
Infection control.
Medication and pharmacology update.
Recent trends in nursing techniques and responsibilities.
Communication.
Documentation and reporting.
Supervision and delegation.
Aging population.

(b) Skills lab of at least 15 hours including basic nursing skills review and technology and equipment update.

(c) Directly supervised or precepted clinical experience of 70 hours or more performed in a hospital, clinic, long-term, or subacute facility.

(5) Approval process. The board will review curriculum of nurse refresher courses submitted for inclusion on a listing of approved courses. Individual course participants shall be required to submit curriculum only if the course is not on the approved list.

History

CR 14-004: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (4) (intro.) made under s. 35.17, Stats., Register July 2014 No. 703.

Chapter N 2 LICENSURE

Subchapter I Authority; Definitions

Wis. Admin. Code § N 2.01 Authority {#sec-n-2.01 omnilex-key=us-wi-regs-official--agency-n--N 2.01}

(1) This chapter is adopted pursuant to authority of ss. 15.08, 227.11, and 441.01 (3), Stats.

History

Cr. Register, March, 1984, No. 339, eff. 4-1-84; am. (2), Register, May, 1990, No. 413, eff. 5-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1990, No. 413, eff. 6-1-90; CR 14-002: r. and recr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § N 2.02 Definitions {#sec-n-2.02 omnilex-key=us-wi-regs-official--agency-n--N 2.02}

As used in this chapter:

(1) “Board” means board of nursing.

(1m) “Board-approved prelicensure education program” means a nurse prelicensure program from a Wisconsin-approved school or a prelicensure program approved by another state board of nursing.

(2) “Board-approved school” means any of the following:

(a) A school in Wisconsin which has been approved by the board or the board has granted authorization to admit students under ch. N 1.

(b) A school which participates in the electronic application process.

(3) “Certificate of approval” means the verification from a school of nursing that the applicant has been approved to take the NCLEX prior to receiving a diploma in practical nursing or professional nursing.

(4) “Certificate of completion” means the verification from a school of nursing that the applicant has completed the portion of the program equivalent to a diploma in practical nursing or professional nursing.

(5) “Comparable school” means any of the following:

(a) A school holding nursing accreditation by a board-recognized nursing accreditation organization.

(b) A school located in the United States approved by the board of nursing for that jurisdiction.

(c) A school located in a U.S. territory or a province of Canada which is approved by the board of nursing for that jurisdiction and meets the standards of the Wisconsin board of nursing.

(6) “Department” means the department of safety and professional services.

(7) “Direct supervision” means immediate availability to coordinate, direct and inspect the practice of another.

(8) “LPN” means licensed practical nurse.

(8m) “Multistate license” means a license to practice as a registered or licensed practical nurse issued by Wisconsin that authorizes the licensed nurse to practice in all nurse licensure compact party states under a multistate licensure privilege.

(9) “NCLEX” means national council licensure examination.

(9m) “Party state” means any state that has adopted the nurse licensure compact.

(10) “RN” means registered nurse.

(11) “Single state license” means a license issued by Wisconsin that does not include a multistate licensure privilege to practice in any other nurse licensure compact party state.

History

Cr. Register, March, 1984, No. 339, eff. 4-1-84; renum. (1), (2), (4) to (6) to be (2), (1), (5), (6) and (4) and am. (2), (4) and (5) am. (3), Register, May, 1990, No. 413, eff. 6-1-90; CR 01-049: am. (2), cr. (5m), Register October 2001 No. 550, eff. 11-1-01; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 14-002: r. and recr. Register July 2014 No. 703, eff. 8-1-14; CR 18-030 cr. (1m), (8m), (9m), (11) Register June 2019 No. 762, eff. 7-1-19; correction in (1m) made under s. 35.17, Stats., Register June 2019 No. 762.

Subchapter II Licensure By Examination

Wis. Admin. Code § N 2.10 Qualifications for licensure {#sec-n-2.10 omnilex-key=us-wi-regs-official--agency-n--N 2.10}

(1) Registered nurse applicants for a single state license. An applicant is eligible for a registered nurse single state license if the applicant complies with all of the following requirements:

(a) Graduates from a high school or its equivalent.

(b) Does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, Stats.

A board-approved school of professional nursing.
A comparable school of professional nursing.

(d) In lieu of meeting the requirement in par. (c), evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation.

(e) Passes the NCLEX.

(1m) Registered nurse applicants for a multistate license. An applicant is eligible for a registered nurse multistate license if the applicant meets all of the following requirements:

(a) Graduated from one of the following:

A board-approved prelicensure education program.
A foreign-registered nurse prelicensure education program that has been approved by the authorized accrediting body in the applicable country and has been verified by an independent credentials review agency to be comparable to a board-approved prelicensure education program.

(b) If a graduate from a foreign prelicensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening.

(d) Is eligible for or holds an active, unencumbered license.

(e) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.

(f) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing.

(g) Is not currently enrolled in an alternative program.

(h) Is subject to self-disclosure requirements regarding current participation in an alternative program.

(i) Holds a valid United States social security number.

(2) Licensed practical nurse applicants for a single state license. An applicant is eligible for a single state practical nurse license if the applicant complies with all of the following requirements:

(a) Completed two years of high school or its equivalent.

(b) Is 18 years or older.

(d) Graduates from any of the following:

A board-approved school of practical nursing.
A comparable school of practical nursing.

(e) In lieu of meeting the requirement in par. (d), evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation.

(f) Passes the NCLEX.

(2m) Licensed practical nurse applicants for a multistate license. An applicant is eligible for a practical nurse multistate license if the applicant meets all of the following requirements:

(a) Graduated from one of the following:

A board-approved prelicensure education program.
A foreign practical nurse prelicensure education program that has been approved by the authorized accrediting body in the applicable country and has been verified by an independent credentials review agency to be comparable to a board-approved prelicensure education program.

(d) Is eligible for or holds an active, unencumbered license.

(e) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.

(f) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing.

(g) Is not currently enrolled in an alternative program.

(h) Is subject to self-disclosure requirements regarding current participation in an alternative program.

(i) Holds a valid United States social security number.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (2) (intro.) made under s. 35.17, Stats., Register July 2014 No. 703; CR 18-030: am. (1) (intro.), (2) (intro.), cr. (1m), (2m) Register June 2019 No. 762, eff. 7-1-19; corrections in (1m) (a) 1., 2., (2m) (a) 1., 2. made under s. 35.17, Stats., Register June 2019 No. 762.

Wis. Admin. Code § N 2.105 Application procedure for a multistate license {#sec-n-2.105 omnilex-key=us-wi-regs-official--agency-n--N 2.105}

(1) Each applicant for a multistate license shall complete and submit an application by the electronic application process or on forms provided by the department, declare Wisconsin as the primary state of residence, and pay the fee.

(2) The educational administrator or designee for a board-approved prelicensure education program shall submit one of the following:

(a) Via the electronic application process a verification that the applicant has graduated.

(b) A certification of graduation.

(3) If the applicant graduated from a foreign prelicensure education program, the applicant shall submit a certificate or report demonstrating verification from an independent credentials review agency that the prelicensure education program is comparable to a board-approved prelicensure education program.

(4) If the applicant graduated from a foreign prelicensure program that was not taught in English or if English is not the applicant’s native language, the applicant shall submit proof of successfully passing an English proficiency examination that includes the components of reading, speaking, writing, and listening.

(5)

(a) The board shall make the applicant eligible for admission to the NCLEX as of the date of the applicant’s graduation or upon the board receiving a certificate of approval from the school of nursing that allows the applicant to take the NCLEX before graduation. As part of the application process, the applicant shall report the name of the nursing school they are attending along with the anticipated date of graduation or, if applicant is seeking to take the NCLEX before graduation, the school of nursing shall provide a certificate of approval. The applicant shall notify the board if their anticipated date of graduation changes.

(am) The applicant may not take or attempt to take the NCLEX before graduation or prior to a school of nursing providing a certificate of approval to the board.

(b) The applicant shall contact the examination provider to schedule the NCLEX date and time within one year from the time the applicant is eligible to take the examination.

(c) The board shall send notification of results to applicants who fail to earn a passing score on the NCLEX. An applicant may apply to the board for authorization to schedule reexamination. The reexamination may not occur earlier than 45 days after the most recent sitting for the NCLEX.

(d) Failure to comply with the terms of this subsection may result in a denial of application for licensure.

(6) The applicant shall submit, through an approved process, fingerprints or other biometric-based information for the purpose of obtaining an applicant’s criminal history information from the federal bureau of investigation and the Wisconsin department of justice.

(7) If the applicant has been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense, the applicant shall provide the board all related information necessary for the board to determine whether the circumstances substantially relate to the practice of nursing.

(8) If a license is issued based on fraud, deceit, or material omission of fact, the board shall take any action it deems necessary pursuant to s. 441.07 (1g), Stats.

History

CR 18-030: cr. Register June 2019 No. 762, eff. 7-1-19; corrections in (1), (2) (intro.), (3) made under s. 35.17, Stats., Register June 2019 No. 762; EmR2215: emerg. r. and recr. (5) (a), cr. (5) (am), am. (5) (b), cr. (5) (d), eff. 12-1-22; CR 23-022: r. and recr. (5) (a), cr. (5) (am), am. (5) (b), cr. (5) (d), (8) Register November 2023 No. 815, eff. 12-1-23.

Wis. Admin. Code § N 2.11 Application procedure for a single state license for applicants from board-approved schools {#sec-n-2.11 omnilex-key=us-wi-regs-official--agency-n--N 2.11}

(1) Each applicant from a board-approved school shall complete and submit an application by the electronic application process or on forms provided by the department and shall pay the fee.

(2) The educational administrator or designee for a school of professional nursing or practical nursing shall submit any of the following:

(a) Via the electronic application process a verification that the applicant has graduated or received a certificate of completion.

(b) A certification of graduation or completion to the department.

(3)

(a) The examination accepted by the board is the NCLEX.

(b) The board shall make the applicant eligible for admission to the NCLEX as of the date of the applicant’s graduation or upon the board receiving a certificate of approval from the school of nursing that allows the applicant to take the NCLEX before graduation. As part of the application process, the applicant shall report the name of the nursing school they are attending along with the anticipated date of graduation or, if applicant is seeking to take the NCLEX before graduation, the school of nursing shall provide a certificate of approval. The applicant shall notify the board if their anticipated date of graduation changes.

(bm) The applicant may not take or attempt to take the NCLEX before graduation or prior to a school of nursing providing a certificate of approval to the board.

(c) The applicant shall contact the examination provider to schedule the NCLEX date and time within one year from the time the applicant is eligible to take the examination.

(d) The board shall send notification of results to applicants who fail to earn a passing score on the NCLEX. An applicant may apply to the board for authorization to schedule reexamination. The reexamination may not occur earlier than 45 days after the most recent sitting for the NCLEX.

(e) Failure to comply with the terms of this subsection may result in a denial of application for licensure.

(4) An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the board all related information necessary for the board to determine whether the circumstances of the arrest or conviction or other offense substantially relate to the practice of nursing.

(5) An applicant who has committed any act, which would be subject to discipline under ch. N 7, shall provide the board with all related information regarding the act necessary for the board to make a determination on the application for licensure.

(6) If a license is issued based on fraud, deceit, or material omission of fact, the board shall take any action it deems necessary pursuant to s. 441.07 (1g), Stats.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14; correction to (3) (title) and renumbering (3) made under s. 13.92 (4) (b) 1. and 2., Stats., Register July 2014 No. 703; CR 18-030: am. (title) Register June 2019 No. 762, eff. 7-1-19; EmR2215: emerg. r. and recr. (3) (b), cr. (3) (bm), am. (3) (c), cr. (3) (e), eff. 12-1-22; CR 23-022: r. and recr. (3) (b), cr. (3) (bm), am. (3) (c), cr. (3) (e), (6) Register November 2023 No. 815, eff. 12-1-23.

Wis. Admin. Code § N 2.12 Application procedure for a single state license for applicants from comparable schools {#sec-n-2.12 omnilex-key=us-wi-regs-official--agency-n--N 2.12}

(1) Each applicant from a comparable school shall complete and submit an application on forms provided by the department.

(2) The school of professional nursing or practical nursing shall forward directly to the department, official transcripts of nursing education for applicants who graduated from the school. If the applicant graduated from a school of professional nursing or practical nursing not located in the United States or a U.S. territory, the applicant shall submit any of the following:

(a) For a professional nursing applicant, one of the following:

A valid certificate issued by the Commission on Graduates of Foreign Nursing Schools or another board-approved entity that evaluates education.
A credential evaluation service academic report and demonstration of passing a board-accepted language proficiency exam.

(b) For a practical nursing applicant, a credential evaluation service academic report and demonstration of passing a board accepted language proficiency exam.

(3)

(a) The examination accepted by the board is the NCLEX.

(bm) The applicant may not take or attempt to take the NCLEX before graduation or prior to a school of nursing providing a certificate of approval to the board.

(c) The applicant shall contact the examination provider to schedule the NCLEX date and time within one year from the time the applicant is eligible to take the examination.

(e) Failure to comply with the terms of this subsection may result in a denial of application or licensure.

(6) If a license is issued based on fraud, deceit, or material omission of fact, the board shall take any action it deems necessary pursuant to s. 441.07 (1g), Stats.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14; correction to (3) (title) and renumbering (3) made under s. 13.92 (4) (b) 1. and 2., Stats., Register July 2014 No. 703; CR 18-030: am. (title) Register June 2019 No. 762, eff. 7-1-19; CR 19-140: am. (2) (intro.), renum. (2) (a) to (2) (a) (intro.) and am., cr. (2) (a) 1., 2. Register June 2020 No. 774, eff. 7-1-20; EmR2215: emerg. r. and recr. (3) (b), cr. (3) (bm), am. (3) (c), cr. (3) (e), eff. 12-1-22; CR 23-022: r. and recr. (3) (b), cr. (3) (bm), am. (3) (c), cr. (3) (e), (6) Register November 2023 No. 815, eff. 12-1-23.

Subchapter III Licensure by Endorsement

Wis. Admin. Code § N 2.19 Endorsement of an applicant for a multistate license {#sec-n-2.19 omnilex-key=us-wi-regs-official--agency-n--N 2.19}

(1) Each applicant for a multistate license by endorsement shall complete and submit an application on forms provided by the department and shall pay the fee.

(2) The applicant shall provide all of the following:

(a) Evidence of holding an active, unencumbered license.

(b) Declaration or evidence that Wisconsin is the primary state of residence.

A board-approved nurse prelicensure education program.
A foreign nurse prelicensure education program that has been approved by the authorizing accrediting body in the applicable country and has been verified by an independent credentials review agency to be comparable to a board-approved prelicensure education program.

(d) If the applicant graduated from a foreign prelicensure program not taught in English or if English is not the applicant’s native language, evidence of successfully passing an English proficiency examination that includes the components of reading, speaking, writing, and listening.

(e) Evidence of successfully passing an NCLEX exam or recognized predecessor.

(f) If the applicant has been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense, all related information necessary for the board to determine whether the circumstances substantially relate to the practice of nursing.

(3) The applicant shall submit, through an approved process, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the Wisconsin department of justice.

History

CR 18-030: cr. Register June 2019 No. 762, eff. 7-1-19; corrections in (2) (c) 1., 2. made under s. 35.17, Stats., Register June 2019 No. 762.

Wis. Admin. Code § N 2.21 Endorsement of an applicant for a single state license {#sec-n-2.21 omnilex-key=us-wi-regs-official--agency-n--N 2.21}

(1)

(a) A license from another U.S. state, a U.S. territory, or Canada is considered to have met educational and other qualifications comparable to those required in this state provided the requirements of the initial license included all of the following:

Graduation from a school approved by the board in the jurisdiction of initial licensure or had education the board in the jurisdiction of initial licensure deemed to be comparable to a school that board approves.
Passage of the NCLEX.

(b) An applicant, whose initial license from another U.S. state, U.S. territory, or Canada does not meet the requirements in par. (a), shall submit all of the following to the board to assist the board in determining whether the qualifications are comparable:

Evidence of educational qualifications.
Evidence of passing the NCLEX or other nursing licensure examination.

(2) An applicant shall submit a completed application and pay the applicable fee. The application shall include the following:

(a) Verification of licensure from the state, territory or province in which the original license by examination was issued and the state, territory or province in which the current, active license was issued.

(b) Documentation of employment history.

(c) An applicant who has a pending criminal charge or has been convicted of any crime or ordinance violation shall provide the board with all related information necessary for the board to determine whether the circumstances of the arrest or conviction or other offense substantially relate to the practice of nursing.

(d) An applicant who has a license encumbered by adverse action shall provide the board will all related information necessary to determine whether the board deems the action taken to warrant a denial in Wisconsin.

(e) An applicant who has been terminated from any employment related to nursing within the 10 years immediately preceding the date of application shall provide the board with all related information necessary to determine current competency.

(f) An applicant who has committed any act, which would be subject to discipline under ch. N 7, shall provide the board with all related information regarding the act necessary for the board to make a determination on the application for licensure.

(3) An applicant who does not have current nursing education or been employed in a position that requires a nursing license within the last 5 years may apply to the board for a limited license to enable the applicant to complete a nursing refresher course approved by the board. Upon successful completion of an approved nursing refresher course, the license holder may petition the board for full licensure.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14; correction in (1) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 18-030: am. (title) Register June 2019 No. 762, eff. 7-1-19; CR 19-140: am. (title), (1) (a) (intro.), (b) (intro.), (2) (e) Register June 2020 No. 774, eff. 7-1-20.

Wis. Admin. Code § N 2.23 Reciprocal credentials for service members, former service members, and their spouses {#sec-n-2.23 omnilex-key=us-wi-regs-official--agency-n--N 2.23}

A reciprocal multistate or single state license shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination as to service member or former service member status under this subsection.

Note: Forms to apply for a reciprocal credential are available from the department of safety and professional services’ website at www.dsps.wi.gov.

History

CR 21-044: cr. Register March 2022 No. 795, eff. 4-1-22; title created under s. 13.92 (4) (b) 2., Stats., Register March 2022 No. 795.

Subchapter IV Temporary Permits

Wis. Admin. Code § N 2.30 Definitions {#sec-n-2.30 omnilex-key=us-wi-regs-official--agency-n--N 2.30}

In this subchapter:

(1) “G.N.” means graduate nurse.

(2) “G.P.N.” means graduate practical nurse.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § N 2.31 Application {#sec-n-2.31 omnilex-key=us-wi-regs-official--agency-n--N 2.31}

A nurse who has graduated from a board-approved school or comparable school or granted a certificate of completion by a board-approved school may be granted a temporary permit. An applicant shall submit a completed application and pay the applicable fee. The application shall include any of the following:

(1) Verification from a board-approved school via the electronic application process that the applicant has graduated or received a certificate of completion.

(2) A certification of graduation or completion from a board-approved school.

(3) An official transcript of nursing education submitted by the school of professional nursing or practical nursing directly to the department.

Note: A temporary permit does not grant multistate licensure privileges.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § N 2.32 Title {#sec-n-2.32 omnilex-key=us-wi-regs-official--agency-n--N 2.32}

(1) A registered nurse applicant for licensure by exam who is granted a temporary permit may use the title “graduate nurse” or the letters “G.N.”

(2) A practical nurse applicant for licensure by exam who is granted a temporary permit may use the title “graduate practical nurse” or the letters “G.P.N.”

(3) A registered nurse or practical nurse for licensure by endorsement who is granted a temporary permit may use the title “registered nurse” or “licensed practical nurse.”

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § N 2.33 Supervision {#sec-n-2.33 omnilex-key=us-wi-regs-official--agency-n--N 2.33}

(1) Except as provided in sub. (2), the holder of a temporary permit shall practice only under the direct supervision of a registered nurse.

(2) A holder of a temporary permit who is currently licensed as a registered nurse or practical nurse in another jurisdiction may practice without the direct supervision of a registered nurse.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § N 2.34 Duration {#sec-n-2.34 omnilex-key=us-wi-regs-official--agency-n--N 2.34}

The temporary permit is valid for a period of 3 months or until the holder receives notification of failing the NCLEX, whichever occurs first. Practice under temporary permits, including renewals under s. N 2.35, may not exceed 6 months total duration.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14.

Wis. Admin. Code § N 2.35 Renewal {#sec-n-2.35 omnilex-key=us-wi-regs-official--agency-n--N 2.35}

(1) A temporary permit for a registered nurse or practical nurse may be renewed once by completing an application and paying applicable fees.

(2) Subsequent renewals may be granted in hardship cases including illness, family illness or death, accident, natural disaster or delay of verification from another state. The board shall consider each application for renewal under this subsection individually on its merits, and the board may grant a renewal as deemed appropriate.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14; CR 19-140: am. (1) Register June 2020 No. 774, eff. 7-1-20.

Wis. Admin. Code § N 2.36 Denial or revocation {#sec-n-2.36 omnilex-key=us-wi-regs-official--agency-n--N 2.36}

A temporary permit may be denied or revoked for the following:

(1) Providing fraudulent information on an application for licensure.

(2) Misrepresentation of being an R.N., G.N., L.P.N. or G.P.N. without holding a valid temporary permit.

(3) Violation of any of the rules of conduct set forth in ch. N 7.

History

CR 14-002: cr. Register July 2014 No. 703, eff. 8-1-14.

Subchapter V Renewal

Wis. Admin. Code § N 2.40 Renewal {#sec-n-2.40 omnilex-key=us-wi-regs-official--agency-n--N 2.40}

(1) General. A person with an expired credential may not reapply for a credential using the initial application process.

(2) Renewal within 5 years. A person renewing the credential within 5 years shall do all of the following:

(a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and any applicable late renewal fee.

(b) Pay a nursing workforce survey fee.

(3) Renewal after 5 years. This subsection does not apply to credential holders who have unmet disciplinary requirements or whose credential has been surrendered or revoked. A person renewing the credential after 5 years shall do all of the following:

(a) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., and the late renewal fee.

(b) Pay a nursing workforce survey fee.

(d) Meet one of the following requirements:

Documentation of employment requiring a nursing license within the last five years.
Completion of a board approved nursing refresher course or education equivalent to a nursing refresher course. A nursing refresher course requires a limited license for the purpose of completing the clinical component of the course.

Note: The licensee may request the Board grant a limited license for the sole purpose of completing a nurse refresher course.

History

CR 15-099: cr. Register August 2016 No. 728, eff. 9-1-16.

Wis. Admin. Code § N 2.41 Reinstatement {#sec-n-2.41 omnilex-key=us-wi-regs-official--agency-n--N 2.41}

A credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years or whose credential has been surrendered or revoked may apply to have the credential reinstated in accordance with all of the following:

(1) Evidence of completion of the requirements in s. N 2.40 (3) if the license has not been active within 5 years.

(2) Evidence of completion of the disciplinary requirements, if applicable.

(3) Evidence of rehabilitation or change in circumstances warranting reinstatement.

(4) A revoked license may not be reinstated earlier than one year following revocation. This subsection does not apply to a license that is revoked under s. 440.12, Stats.

History

CR 15-099: cr. Register August 2016 No. 728, eff. 9-1-16.

Chapter N 4 LICENSURE OF NURSE-MIDWIVES

Wis. Admin. Code § N 4.01 Authority and intent {#sec-n-4.01 omnilex-key=us-wi-regs-official--agency-n--N 4.01}

(1) The rules in this chapter are adopted pursuant to authority of ss. 15.08 (5) (b) and 441.15 (3) (c), Stats., and interpret s. 441.15, Stats.

(2) The intent of the board of nursing in adopting rules in this chapter is to specify all of the following:

(a) Requirements for licensure as a nurse-midwife and renewal of a license to practice nurse-midwifery.

(b) The scope of practice of nurse-midwifery.

(d) Malpractice insurance requirements for nurse-midwives.

History

Cr. Register, December, 1981, No. 312, eff. 1-1-82; am. (2), Register, May, 1990, No. 413, eff. 6-1-90; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1990, No. 413; CR 03-009: am (2), Register November 2003 No. 575, eff 12-1-03; CR 20-065: am. (1), renum. (2) to (2) (intro.) and am, cr. (2) (a) to (d) Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.02 Definitions {#sec-n-4.02 omnilex-key=us-wi-regs-official--agency-n--N 4.02}

As used in this chapter:

(1) “Board” means board of nursing.

(2m) “Collaboration” has the meaning given in s. 441.15 (1) (a), Stats.

(4) “Complications” means conditions specified in a written agreement under s. N 4.06 (2) that jeopardize the health or life of a patient and deviate from normal.

(5) “Direct supervision” means immediate availability to continually coordinate, direct and inspect at first hand the practice of another.

(5e) “Hardship” includes the inability to take or complete a scheduled examination because of illness, family illness or death, accident, or natural disaster.

(5m) “Nurse-midwife” means a nurse-midwife licensed by the board.

History

Cr. Register, December, 1981, No. 312, eff. 1-1-82; cr. (8), Register, September, 1985, No. 357, eff. 10-1-85; am. (2), (6) and (8), Register, May, 1990, No. 413, eff. 6-1-90; CR 03-009: renum. (3), (4) and (8) to be (4), (6) and (5) and am. (4) and (6), cr. (2m), r. (5) and (7), correction made under s. 13.93 (2m) (b) 1., Stats., Register November 2003 No. 575; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; CR 20-065: r. (2), am. (2m), (4), cr. (5e), r. (6) Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.025 Licensure and exceptions {#sec-n-4.025 omnilex-key=us-wi-regs-official--agency-n--N 4.025}

(1) Except as provided under subs. (2) and (3), unless licensed under this chapter, no person may practice or attempt to practice nurse-midwifery or use the title or letters “Certified Nurse-Midwife”, “C.N.M.”, “Nurse-Midwife”, “N.M.”, or any other title or letters to indicate that person is a nurse-midwife.

(2) Any person lawfully practicing professional nursing within the scope of a license granted under ch. 441, Stats., is not required to be licensed under this chapter.

(3) The holder of a valid temporary permit under s. N 4.05 may use the title “graduate nurse-midwife” or the letters “G.N.M.”.

(4) A license to practice nurse-midwifery shall be issued separately from a license to practice professional nursing.

History

CR 20-065: renum. (title), (1), (2) from N 4.08 and am., renum. (3) from N 4.05 (4) and am., cr. (4) Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.03 Qualifications for licensure {#sec-n-4.03 omnilex-key=us-wi-regs-official--agency-n--N 4.03}

An applicant for licensure as a nurse-midwife shall be granted licensure by the board, provided that the applicant meets all of the following:

(1) Has completed an educational program in nurse-midwifery accredited by the Accreditation Commission for Midwifery Education, or another accrediting body approved by the board.

(2) Holds a certificate issued by the American Midwifery Certification Board, or another national certifying body approved by the board.

(3) Is currently licensed in good standing to practice as a professional nurse in this state, or has been issued a multistate license under the nurse licensure compact, that is current and in good standing, to practice professional nursing by another state that has adopted the nurse licensure compact.

History

Cr. Register, December, 1981, No. 312, eff, 1-1-82; am. (intro.) and (3), Register, May, 1990, No. 413, eff. 6-1-90; CR 01-046: am. (3), Register October 2001 No. 550, eff. 11-1-01; CR 03-009: am. (intro.), (1) and (2) Register November 2003 No. 575, eff. 12-1-2003; CR 20-065: am. (1) to (3) Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.04 Application for licensure {#sec-n-4.04 omnilex-key=us-wi-regs-official--agency-n--N 4.04}

An applicant for a license to practice nurse-midwifery shall file a completed application on a form provided by the board. The application shall include all of the following:

(1m) The signature of the applicant.

(2m) The fee specified under s. 440.05 (1), Stats.

(3m) Evidence of completion of an educational program in nurse-midwifery approved by the Accreditation Commission for Midwifery Education, or another accrediting body approved by the board.

(4m) Evidence of current licensure in good standing as a professional nurse in this state or of having been issued a multistate license under the nurse licensure compact, that is current and in good standing, to practice professional nursing by another state that has adopted the nurse licensure compact, including the license number and renewal information.

(5) Evidence of certification as a nurse-midwife from the American Midwifery Certification Board, or another national certifying body approved by the board.

History

Cr. Register, December, 1981, No. 312, eff. 1-1-82; am. (1) (intro.), (c) and (d) and (3), Register, May, 1990, No. 413, eff. 6-1-90; CR 01-046: am. (1) (d) and (3), cr. (4), Register October 2001 No. 550, eff. 11-1-01; CR 03-009: am. (1) (intro.), (a) to (c) and (4) Register November 2003 No. 575, eff. 12-1-2003; CR 20-065: am. (title), renum. (1) (intro.), (a) to (d) to (intro.), (1m) to (4m) and am, r. (2) to (4), cr. (5) Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.043 License renewal {#sec-n-4.043 omnilex-key=us-wi-regs-official--agency-n--N 4.043}

The board shall renew a license to practice nurse-midwifery upon the applicant demonstrating completion of each of the following:

(1) Paying the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., the workforce survey fee, and any applicable late renewal fee.

(2) Completing the nursing workforce survey to the satisfaction of the board.

(3) Providing evidence of current certification as a nurse-midwife by the American Midwifery Certification Board, or another national certifying body approved by the board.

(4) If applicable, providing evidence to the board that the applicant maintains in effect malpractice insurance meeting the requirements under s. N 4.10 (1).

History

CR 20-065: cr. Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.05 Temporary permits {#sec-n-4.05 omnilex-key=us-wi-regs-official--agency-n--N 4.05}

(1) Application. An applicant for a license to practice nurse-midwifery may be granted a temporary permit to practice nurse-midwifery. An application for a temporary permit to practice nurse-midwifery shall include all of the following:

(a) Verification the applicant has completed an educational program in nurse midwifery accredited by the Accreditation Commission for Midwifery Education, or another accrediting body approved by the board.

(b) Verification the applicant is currently licensed in good standing to practice as a professional nurse in this state, or of having been issued a multistate license under the nurse licensure compact to practice professional nursing, that is current and in good standing, by another state that has adopted the nurse licensure compact.

(2) Issuing a temporary permit. The board shall issue a temporary permit to an eligible applicant within one week of the determination of eligibility.

(3) Supervision required. The holder of a temporary permit shall practice under the direct supervision of a nurse-midwife licensed under s. 441.15, Stats., or a physician. The holder may not practice beyond the scope of practice of a nurse-midwife as set forth in s. N 4.06.

(5) Duration.

(a) Except as provided under par. (b), a temporary permit is valid for a period of 6 months or until the permit holder receives notification of failing the examination required for certification under s. N 4.03 (2), whichever occurs first.

(b) If the holder of a temporary permit has also been granted a temporary permit to practice as a registered nurse under s. N 2.31, the temporary permit is valid for the period that coincides with the duration of the temporary permit under s. N 2.34 or until the permit holder receives notification of failing the examination required for certification under s. N 4.03 (2), whichever occurs first.

(6m) Renewals. A temporary permit may be renewed twice for a period of 3 months for each renewal. A second renewal under this subsection may only be granted if the holder of the temporary permit is awaiting examination results or an affidavit is filed with the board identifying a hardship.

(7) Denial or revocation. A temporary permit may be denied or revoked for any of the following reasons:

(a) Violation of any of the rules of conduct for registered nurses in ch. N 7 or for violation of the rules governing nurse-midwives under this chapter.

(b) Failure to pay a fee required under s. 440.05 (1), Stats.

(d) Misrepresentation of being a nurse-midwife or a graduate nurse-midwife when applying for a temporary permit under this section.

History

Cr. Register, September, 1985, No. 357, eff. 10-1-85; r. and recr. (5) (a), am. (1) to (3) and (6), Register, May, 1990, No. 413, eff. 6-1-90; CR 03-009: am. (5) (b) Register November 2003 No. 575, eff. 12-1-2003; CR 20-065: renum. (1) to (1) (intro.) and am., cr. (1) (a) to (c), am. (2), (3), renum. (4) to N 4.025 (3) and am., r. and recr. (5), r. (6), cr. (6m), am. (7) (intro.), (a), (b), cr. (7) (d) Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.06 Scope of practice {#sec-n-4.06 omnilex-key=us-wi-regs-official--agency-n--N 4.06}

(1) The scope of practice of nurse-midwifery is the overall management of women’s health care, pregnancy, childbirth, postpartum care for newborns, family planning, and gynecological services consistent with the standards of practice of the American College of Nurse-Midwives and the education, training, and experience of the nurse-midwife.

(2) A nurse-midwife shall collaborate with a physician with postgraduate training in obstetrics pursuant to a written agreement with that physician.

(3) A nurse-midwife shall consult with the collaborating physician regarding any complications discovered by the nurse-midwife or refer the patient pursuant to the written agreement under sub. (2).

(4) Upon referral under sub. (3), a nurse-midwife may independently manage that part of the care for a patient that is consistent with the education, training, and experience of the nurse-midwife.

History

Cr. Register, December, 1981, No. 312, eff. 1-1-82; renum. from N 6.05, Register, September, 1985, No. 357, eff. 10-1-85; CR 03-009: am. Register November 2003 No. 575, eff. 12-1-2003; CR 20-065: am. Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.07 Limitations on the scope of practice {#sec-n-4.07 omnilex-key=us-wi-regs-official--agency-n--N 4.07}

(1) A nurse-midwife may not independently manage complications that require referral pursuant to the written agreement under s. N 4.06 (2).

(2) A nurse-midwife may not perform deliveries by forceps or Caesarean section.

(2m) A nurse-midwife may use vacuum extractors only in emergency delivery situations.

(3) A nurse-midwife may not assume any responsibilities that are inconsistent with the education, training, and experience of the nurse-midwife.

(4) Following notification of a physician as required by s. 441.15 (4), Stats., a nurse-midwife may continue to manage a delivery if emergency measures are required and the physician has not yet arrived.

History

Cr. Register, December, 1981, No. 312, eff. 1-1-82; renum. from N 6.06, Register, September, 1985, No. 357, eff. 10-1-85; CR 03-009: am. (1) and (2) Register November 2003 No. 575, eff. 12-1-2003; CR 20-065: am. (1), (2), cr. (2m), am. (3), (4) Register January 2022 No. 793, eff. 2-1-22.

Wis. Admin. Code § N 4.09 Health care facilities where practice shall occur {#sec-n-4.09 omnilex-key=us-wi-regs-official--agency-n--N 4.09}

A health care facility where the practice of nurse-midwifery may occur is one that has adequate equipment and personnel for conducting and monitoring the normal scope of practice and that has available methods for referral to or communication with a higher level care facility if the need arises.

(2) Deliveries may be arranged for only in a facility which has adequate sanitation, thermal regulation, staffing, communication systems and medical back-up.

(3) The above limitations do not apply to care given in emergency circumstances.

History

Cr. Register, December, 1981, No. 312, eff. 1-1-82; renum. from N 6.08, Register, September, 1985, No. 357, eff. 10-1-85.

Wis. Admin. Code § N 4.10 Malpractice insurance coverage {#sec-n-4.10 omnilex-key=us-wi-regs-official--agency-n--N 4.10}

(1) A nurse-midwife shall have in effect malpractice insurance evidenced by one of the following:

(a) Personal liability coverage in the amounts specified in s. 655.23 (4), Stats.

(b) Coverage under a group liability policy providing individual coverage for the nurse-midwife in the amounts set forth in s. 655.23 (4), Stats.

(2) Notwithstanding sub. (1), malpractice insurance is not required for any of the following:

(a) A nurse-midwife who practices nurse-midwifery within the scope of employment as a federal, state, county, city, village, or town employee.

(b) A nurse-midwife who practices nurse-midwifery as an employee of the federal public health service under 42 USC 233 (g).

(d) A nurse-midwife whose employer has in effect malpractice liability insurance that provides coverage for the nurse-midwife in an amount equal to or greater than the amounts specified in sub. (1) (a) or (b).

(e) A nurse-midwife providing nurse-midwifery services under s. 257.03, Stats.

History

Emerg. cr. eff. 11-05-02; CR 03-009: cr., Register November 2003 No. 575, eff. 12-1-2003; CR 20-065: am. (1) (intro.), (2) (a), (b), cr. (2) (d), (e), r. (3) Register January 2022 No. 793, eff. 2-1-22.

Chapter N 6 STANDARDS OF PRACTICE FOR REGISTERED NURSES AND LICENSED PRACTICAL NURSES

Wis. Admin. Code § N 6.01 Authority and intent {#sec-n-6.01 omnilex-key=us-wi-regs-official--agency-n--N 6.01}

(1) This chapter is adopted pursuant to authority of ss. 15.08 (5) (b), 227.11 and 441.001 (3) and (4), Stats., and interprets the statutory definitions of professional and practical nursing.

(2) The intent of the board of nursing in adopting this chapter is to specify minimum practice standards for which R.N.s and L.P.N.s are responsible, and to clarify the scope of practice for R.N.s and L.P.N.s.

History

Cr. Register, May, 1983, No. 329, eff. 6-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1990, No. 413; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register June 2006 No. 606.

Wis. Admin. Code § N 6.02 Definitions {#sec-n-6.02 omnilex-key=us-wi-regs-official--agency-n--N 6.02}

As used in this chapter,

(1) “Advanced practice nurse prescriber” means a registered nurse who holds an advance practice nurse prescriber certificate under s. 441.16, Stats.

(1m) “Basic nursing care” means care that can be performed following a defined nursing procedure with minimal modification in which the responses of the patient to the nursing care are predictable.

(2) “Basic patient situation” as determined by an R.N., physician, podiatrist, dentist or optometrist means the following 3 conditions prevail at the same time in a given situation:

(a) The patient’s clinical condition is predictable;

(b) Medical or nursing orders are not changing frequently and do not contain complex modifications; and,

(3) “Complex patient situation” as determined by an R.N., physician, podiatrist, dentist or optometrist means any one or more of the following conditions exist in a given situation:

(a) The patient’s clinical condition is not predictable;

(b) Medical or nursing orders are likely to involve frequent changes or complex modifications; or,

(c) The patient’s clinical condition indicates care that is likely to require modification of nursing procedures in which the responses of the patient to the nursing care are not predictable.

(5) “Delegated act” means acts delegated to a registered nurse or licensed practical nurse or acts delegated by a registered nurse.

(6) “Direct supervision” means immediate availability to continually coordinate, direct and inspect at first hand the practice of another.

(7) “General supervision” means regularly to coordinate, direct and inspect the practice of another.

(8) “Nursing diagnosis” means a judgment made by an R.N. following a nursing assessment of a patient’s actual or potential health needs for the purpose of establishing a nursing care plan.

(9) “Patient” means a person receiving nursing care by an R.N. or L.P.N. performing nursing services for compensation.

(10) “Protocol” means a precise and detailed written plan for a regimen of therapy.

(10m) “Provider” means a physician, podiatrist, dentist, optometrist, advanced practice nurse prescriber, pharmacist, physician assistant, or any licensed professional who is legally authorized to delegate acts within the scope of their practice.

(11) “R.N.” means a registered nurse licensed under ch. 441, Stats., or a nurse who has a privilege to practice in Wisconsin under s. 441.51, Stats.

(12) “L.P.N.” means a licensed practical nurse licensed under ch. 441, Stats., or a nurse who has a privilege to practice in Wisconsin under s. 441.51, Stats.

(13) “Unlicensed Assistive Personnel (UAP)” means any person to whom nursing acts may be delegated who is not licensed under ch. 441, Stats., and has received the appropriate education and documented training required to perform the delegated acts. A UAP must be at least 18 years old if the delegated act involves medication administration.

History

Cr. Register, May, 1983, No. 329, eff. 6-1-83; reprinted to correct error in (7), Register, July, 1983, No. 331; am. (5) and (12), Register, May, 1990, No. 413, eff. 6-1-90; CR 00-167: am. (2) (intro.), (3) (intro.) and (4), Register August 2001 No. 548, eff. 9-1-01; CR 15-099: renum. (1) to (1m), cr. (1) r. (4), r. and recr. (5), cr. (10m), am. (11), (12) Register August 2016 No. 728, eff. 9-1-16; correction in (1) made under s. 35.17, Stats., Register August 2016 No. 728, eff. 9-1-16; correction in (11), (12) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756; CR 24-031: am. (5), (10m), cr. (13) Register June 2025 No. 834, eff. 7-1-25; correction in (13) made under s. 35.17, Stats., Register June 2025 No. 834.

Wis. Admin. Code § N 6.03 Standards of practice for registered nurses {#sec-n-6.03 omnilex-key=us-wi-regs-official--agency-n--N 6.03}

(1) General nursing procedures. An R.N. shall utilize the nursing process in the execution of general nursing procedures in the maintenance of health, prevention of illness or care of the ill. The nursing process consists of the steps of assessment, planning, intervention and evaluation. This standard is met through performance of each of the following steps of the nursing process:

(a) Assessment. Assessment is the systematic and continual collection and analysis of data about the health status of a patient culminating in the formulation of a nursing diagnosis.

(b) Planning. Planning is developing a nursing plan of care for a patient which includes goals and priorities derived from the nursing diagnosis.

(c) Intervention. Intervention is the nursing action to implement the plan of care by directly administering care or by directing and supervising nursing acts delegated to L.P.N.s or UAPs.

(d) Evaluation. Evaluation is the determination of a patient’s progress or lack of progress toward goal achievement which may lead to modification of the nursing diagnosis.

(2) Performance of delegated acts. In the performance of delegated acts an R.N. shall do all of the following:

(a) Accept only those delegated acts for which there are protocols or written or verbal orders.

(b) Accept only those delegated acts for which the R.N. is competent to perform based on his or her nursing education, training or experience.

(d) Perform delegated acts under the general supervision or direction of the provider who delegated the act.

(3) Supervision and direction of delegated acts. In the supervision and direction of delegated acts an R.N. shall do all of the following:

(a) Delegate tasks commensurate with educational preparation and demonstrated abilities of the person supervised.

(b) Provide direction and assistance to those supervised.

(d) Evaluate the effectiveness of acts performed under supervision.

History

Cr. Register, May, 1983, No. 329, eff. 6-1-83; am. (1) (c) and (2) (intro.), Register, May, 1990, No. 413, eff. 6-1-90; CR 00-167: am. (2) (c) and (d), Register August 2001 No. 548, eff. 9-1-01; CR 15-099: am. (2), (3) (intro.), (a) to (c) Register August 2016 No. 728, eff. 9-1-16; CR 24-031: am. (1) (c), (2) (d) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § N 6.04 Standards of practice for licensed practical nurses {#sec-n-6.04 omnilex-key=us-wi-regs-official--agency-n--N 6.04}

(1) Performance of acts in basic patient situations. In the performance of acts in basic patient situations, the L.P.N. shall, under the general supervision of an R.N. or the direction of a provider:

(a) Accept only patient care delegated acts which the L.P.N. is competent to perform.

(b) Provide basic nursing care.

(d) Consult with a provider in cases where an L.P.N. knows or should know a delegated act may harm a patient.

(e) Perform the following other acts when applicable:

Assist with the collection of data.
Assist with the development and revision of a nursing care plan.
Reinforce the teaching provided by an R.N. or other provider and provide basic health care instruction.
Participate with other health team members in meeting basic patient needs.

(2) Performance of acts in complex patient situations. In the performance of acts in complex patient situations the L.P.N. shall do all of the following:

(a) Meet standards under sub. (1) under the general supervision of an R.N., physician, podiatrist, dentist or optometrist.

(b) Perform delegated acts beyond basic nursing care under the direct supervision of an R.N. or provider. An L.P.N. shall, upon request of the board, provide documentation of his or her nursing education, training or experience which prepares the L.P.N. to competently perform these delegated acts.

(3) Assumption of charge nurse position in nursing homes. In assuming the position of charge nurse in a nursing home as defined in s. 50.04 (2) (b), Stats., an L.P.N. shall do all of the following:

(a) Follow written protocols and procedures developed and approved by an R.N.

(b) Manage and direct the nursing care and other activities of L.P.N.s and nursing support personnel under the general supervision of an R.N.

(c) Accept the charge nurse position only if prepared for the responsibilities of charge nurse based upon education, training and experience beyond the practical nurse curriculum. The L.P.N. shall, upon request of the board, provide documentation of the nursing education, training or experience which prepared the L.P.N. to competently assume the position of charge nurse.

History

Cr. Register, May, 1983, No. 329, eff. 6-1-83; CR 00-167: am. (1) (intro.), (d), (e) 3., (2) (a) and (b), Register August 2001 No. 548, eff. 9-1-01; CR 15-099: am. (1) (intro.), (a) to (d), (e) (intro.), 1. to 3., am. (2) (intro.), (b), (3) (intro.), (a), (b), r. and recr. (3) Register August 2016 No. 728; CR 24-031: am. (1) (a), (e) 3., (2) (b) Register June 2025 No. 834, eff. 7-1-25.

Wis. Admin. Code § N 6.05 Violations of standards {#sec-n-6.05 omnilex-key=us-wi-regs-official--agency-n--N 6.05}

A violation of the standards of practice constitutes unprofessional conduct or misconduct and may result in the board limiting, suspending, revoking or denying renewal of the license or in the board reprimanding an R.N. or L.P.N.

History

Cr. Register, May, 1983, No. 329, eff. 6-1-83; am. Register, May, 1990, No. 413, eff. 6-1-90.

Chapter N 7 RULES OF CONDUCT

Wis. Admin. Code § N 7.01 Authority and intent {#sec-n-7.01 omnilex-key=us-wi-regs-official--agency-n--N 7.01}

(1) The rules in this chapter are adopted pursuant to authority of ss. 15.08 and 227.11, Stats., and interpret s. 441.07, Stats.

(2) The intent of the board of nursing in adopting this chapter is to specify grounds for denying an initial license or certificate or limiting, suspending, revoking, or denying renewal of a license or certificate or for reprimanding a licensee or certificate holder.

Note: The bracketed language was unintentionally omitted in the agency’s order promulgating this rule, CR 13-097.

History

Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (2), Register, May, 1990, No. 413, eff. 6-1-90; correction in (1) under s. 13.93 (2m) (b) 7., Stats., Register, May, 1990, No. 413; CR 13-097: am. (2) Register July 2014 No. 703, eff. 8-1-14; CR 15-067: am. (2) Register August 2016 No. 728, eff. 9-1-16.

Wis. Admin. Code § N 7.02 Definitions {#sec-n-7.02 omnilex-key=us-wi-regs-official--agency-n--N 7.02}

As used in this chapter:

(1) “Board” means board of nursing.

(1m) “Certificate” means a certificate of an advanced practice nurse prescriber.

(2) “Drug” has the meaning contained in s. 450.01 (10), Stats.

(3) “License” means a license of a registered nurse, licensed practical nurse or nurse-midwife.

(4) “Licensee” means a person licensed as a registered nurse, licensed practical nurse under s. 441.10, Stats., or nurse-midwife.

(5) “Patient” means any person receiving nursing care for which the nurse is compensated.

Note: The board office is located at 1400 East Washington Avenue, Madison, Wisconsin. The board’s mailing address is P.O. Box 8935, Madison, Wisconsin 53708-8935.

History

Cr. Register, September, 1985, No. 357, eff. 10-1-85; CR 13-097: cr. (1m) Register July 2014 No. 703, eff. 8-1-14; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register August 2015 No. 716.

Wis. Admin. Code § N 7.03 Grounds for denying or taking disciplinary action {#sec-n-7.03 omnilex-key=us-wi-regs-official--agency-n--N 7.03}

The grounds for denying or taking disciplinary action on a license or certificate are any of the following:

(1) Noncompliance with federal, jurisdictional, or reporting requirements including any of the following:

(a) Engaging in conduct that violates the security of the licensure examination or the integrity of the examination results.

(b) Having a license to practice nursing or a nurse licensure compact privilege to practice denied, revoked, suspended, limited, or having the credential holder otherwise disciplined in another state, territory, or country. A certified copy of the record of the board is conclusive evidence of the final action.

(c) After a request of the board, failing to cooperate in a timely manner, with the board’s investigation of a complaint filed against a license holder. There is a rebuttable presumption that a credential holder who takes longer than 30 days to respond to a request of the board has failed to cooperate in a timely manner.

(d) Practicing without an active license.

(e) Practicing beyond the scope of practice permitted by law.

(f) Failing to inform the board of the advanced practice nurse prescriber’s change in certification status with a national certifying body as a nurse anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.

(g) Violating any term, provision, or condition of any order of the board.

(h) Failing to notify the board of a felony or misdemeanor in writing within 48 hours after the entry of the judgment of conviction, including the date, place, and nature of the conviction or finding. Notice shall include a copy of the judgment of conviction and a copy of the complaint or other information which describes the nature of the crime in order that the board may determine whether the circumstances of the crime of which the credential holder was convicted are substantially related to the practice of nursing.

(i) Failing to report to the board or institutional supervisory personnel any violation of the rules of this chapter by a licensee. This provision does not require a nurse to report treatment information which would fall within the nurse-patient privilege set forth in s. 905.04 (1) (b), Stats.

(2) Violating or aiding and abetting a violation of any law substantially related to the practice of nursing or being convicted of any crime substantially related to the practice of nursing. A certified copy of a judgment of conviction is prima facie evidence of a violation.

(3) Confidentiality, patient privacy, consent, or disclosure violations, including any of the following:

(a) Failing to safeguard the patient’s dignity, or the right to privacy.

(b) Knowingly, recklessly, or negligently divulging a privileged communication or other confidential patient health care information except as required or permitted by state or federal law.

(c) Making statements or disclosures that create a risk of compromising a patient’s privacy, confidentiality, or dignity, including statements or disclosures via electronic or social media.

(4) Misconduct or abuse, including any of the following:

(a) Soliciting, borrowing, misappropriating, obtaining, or attempting to obtain money or property from a patient or a patient’s family.

(b) Obtaining or attempting to obtain any compensation by fraud, misrepresentation, deceit, duress, or undue influence in the course of nursing practice.

(c) Abusing a patient by a single or repeated act of force, violence, harassment, deprivation, neglect, or mental pressure which reasonably could cause physical pain, injury, mental anguish, or fear.

(d) Engaging in repeated or significant disruptive behavior or interaction with health care personnel, patients, family members, or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered.

(e)

Violating principles of professional boundaries, including any of the following:

a. Failing to establish, maintain, or communicate professional boundaries with the patient.

b. Engaging in relationships with patients that could impair the nurse’s professional judgment.

c. Exploiting in any manner the professional relationship with a patient for the nurse’s emotional, financial, sexual, or personal advantage or benefit.

d. Engaging in dual relationships if the nurse’s ability to provide appropriate care would be compromised due to the nature of the additional relationship with the patient.

e. Engaging in any dual relationship in mental health nursing.

f. Engaging in self-disclosure to a patient which creates a risk or adversely impacts the patient’s care and well-being.

g. Using any confidence of a patient to the patient’s disadvantage or for the advantage of the nurse.

h. Accepting gifts which are more than minimal value or any cash from a patient or patient’s family.

This paragraph does not include providing health care services to a person with whom the nurse has a preexisting, established personal relationship where there is no evidence of or potential for exploiting the patient and contact that is necessary for a health care purpose that meets the standards of the profession.

(f)

Engaging in sexual misconduct, including any of the following:

a. Sexually explicit conduct, sexual contact, exposure, gratification, other sexual behavior with or in the presence of a patient.

b. Conduct that may reasonably be interpreted by a patient as sexual or any verbal behavior that is sexually harassing to a patient.

c. Posing, photographing or recording the body or any body part of a current or former patient, other than for health care purposes.

d. Transmitting information about a patient via electronic media that can be reasonably interpreted as sexual or sexually demeaning by the current or former patient.

e. Engaging or attempting to engage in sexual or seductive conduct with a former patient if doing so creates a risk that the relationship could cause harm to or exploitation of the former patient.

For the purpose of this paragraph, due to the unique vulnerability of mental health patients, including patients with substance use disorders, nurses are prohibited from engaging in or attempting to engage in sexual or seductive conduct with such former patients, a former patient’s immediate family or person responsible for the patient’s welfare, for a period of at least 2 years after the termination of nursing services.

(5) Fraud, deception or misrepresentation, including any of the following:

(a) Falsifying or inappropriately altering reports, patient documentation, agency records, or other health documents.

(b) Intentionally making incorrect entries in a patient’s medical record or other related documents.

(c) Engaging in abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws or state laws.

(d) Submitting false claims.

(e) Fraud, deceit, or material omission in obtaining a license or certification or in the renewal of the license or certification.

(f) Impersonating another licensee or allowing another person to use the licensee’s credential for any purpose.

(g) Submitting false information in the course of an investigation.

(h) Misrepresentation of credentials.

(i) Misleading, false, or deceptive advertising or marketing.

(6) Unsafe practice or substandard care, including any of the following:

(a) Failing to perform nursing with reasonable skill and safety.

(b) Lack of knowledge, skill, or ability to discharge professional obligations within the scope of nursing practice.

(c) Departing from or failing to conform to the minimal standards of acceptable nursing practice that may create unnecessary risk or danger to a patient’s life, health, or safety. Actual injury to a patient need not be established.

(d) Failing to report to or leaving a nursing assignment without properly notifying appropriate supervisory personnel and ensuring the safety and welfare of the patient or client.

(e) Practicing nursing while under the influence of alcohol, illicit drugs, or while impaired by the use of legitimately prescribed pharmacological agents or medications.

(f) Unable to practice safely by reason of alcohol or other substance use.

(g) Unable to practice safely by reason of psychological impairment or mental disorder.

(h) Unable to practice safely by reason of physical illness or impairment.

(i) Failure to consult or delay in consultation for clinical care beyond scope of practice

(j) Failure to treat.

(k) Inadequate or improper infection control practices.

(L) Failure to provide medically necessary items or services.

(m) Discriminating on the basis of age, marital status, gender, sexual preference, race, religion, diagnosis, socioeconomic status, or disability while providing nursing services.

(n) Executing an order which the licensee knew or should have known would harm or present the likelihood of harm to a patient.

(o) Failing to execute a medical order unless the order is inappropriate and the licensee reports the inappropriate order to a nursing supervisor or other appropriate person.

(p) Failing to observe the conditions, signs and symptoms of a patient, record them, or report significant changes to the appropriate person.

(7) Improper supervision or allowing unlicensed practice, including any of the following:

(a) Delegating a nursing function or a prescribed health function when the delegation could reasonably be expected to result in unsafe or ineffective patient care.

(b) Knowingly aiding, assisting, advising, or allowing a person to engage in the unlawful practice of nursing.

(d) Failing to supervise assigned student experiences

(8) Improper prescribing, dispensing, or administrating medication or drug related offenses, including any of the following:

(a) Prescribing of any drug other than in the course of legitimate practice or as otherwise prohibited by law.

(b) Dispensing of any drug other than in the course of legitimate practice or as otherwise prohibited by law.

(d) Error in prescribing, dispensing, or administering medication.

(e) Obtaining, possessing or attempting to obtain or possess a drug without lawful authority.

History

Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (intro.), (d) to (g), (2) and (3), Register, May, 1990, No. 413, eff. 6-1-90; CR 13-097: r. and recr. Register July 2014 No. 703, eff. 8-1-14; corrections in (intro.), (1) (intro.), (3) (intro.), (4) (intro.), (e) (intro.), (f) (intro.), (5) (intro.), (6) (intro.), (7) (intro.), and (8) (intro.) made under s. 35.17, Stats., and renumbering in (4) (e) and (f) made under s. 13.92 (4) (b) 1., Stats., Register July 2014 No. 703; CR 15-067: am. (intro.) Register August 2016 No. 728, eff. 9-1-16; correction in (title) under s. 13.92 (4) (b) 2. Register August 2016 No. 728.

Chapter N 8 CERTIFICATION OF ADVANCED PRACTICE NURSE PRESCRIBERS

Wis. Admin. Code § N 8.01 Authority and intent {#sec-n-8.01 omnilex-key=us-wi-regs-official--agency-n--N 8.01}

(1) The rules in this chapter are adopted pursuant to authority of ss. 15.08 (5) (b), 227.11 (2) and 441.16, Stats., and interpret s. 441.16, Stats.

(2) The intent of the board of nursing in adopting rules in this chapter is to specify education, training or experience that a registered nurse must satisfy to call himself or herself an advanced practice nurse; to establish appropriate education, training and examination requirements that an advanced practice nurse must satisfy to qualify for a certificate to issue prescription orders; to define the scope of practice within which an advanced practice nurse prescriber may issue prescription orders; to specify the classes of drugs, individual drugs or devices that may not be prescribed by an advanced practice nurse prescriber; to specify the conditions to be met for a registered nurse to administer a drug prescribed or directed by an advanced practice nurse prescriber; to establish procedures for maintaining a certificate to issue prescription orders, including requirements for continuing education; and to establish the minimum amount of malpractice insurance required of an advanced practice nurse prescriber.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95.

Wis. Admin. Code § N 8.02 Definitions {#sec-n-8.02 omnilex-key=us-wi-regs-official--agency-n--N 8.02}

As used in this chapter:

(1) “Advanced practice nurse” means a registered nurse who possesses the following qualifications:

(a) The registered nurse has a current license to practice professional nursing in this state, or has a current license to practice professional nursing in another state which has adopted the nurse licensure compact;

(b) The registered nurse is currently certified by a national certifying body approved by the board as a nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist or clinical nurse specialist; and,

(c) For applicants who receive national certification as a nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist or clinical nurse specialist after July 1, 1998, the registered nurse holds a master’s or doctoral degree in nursing or a related health field granted by a college or university accredited by a regional accrediting agency approved by the board of education in the state in which the college or university is located.

(2) “Advanced practice nurse prescriber” means an advanced practice nurse who has been granted a certificate to issue prescription orders under s. 441.16 (2), Stats.

(3) “Board” means the board of nursing.

(4) “Clinical pharmacology or therapeutics” means the identification of individual and classes of drugs, their indications and contraindications, their efficacy, their side-effects and their interactions, as well as, clinical judgment skills and decision-making, based on thorough interviewing, history-taking, physical assessment, test selection and interpretation, pathophysiology, epidemiology, diagnostic reasoning, differentiation of conditions, treatment decisions, case evaluation and non-pharmacologic interventions.

(5) “Collaboration” means a process which involves 2 or more health care professionals working together, in each other’s presence when necessary, each contributing one’s respective area of expertise to provide more comprehensive care than one alone can offer.

(6) “Health care professional” has the meaning given under s. 180.1901 (1m), Stats.

(6m) “One contact hour” means a period of attendance in a continuing education program of at least 50 minutes.

(7) “Patient health care record” has the meaning given under s. 146.81 (4), Stats.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; CR 00-168: cr. (6m), Register August 2001 No. 548, eff. 9-1-01; CR 01-046: am. (1) (a), Register October 2001 No. 550, eff. 11-1-01; CR 16-020: am. (1) (c), (4) Register September 2016 No. 729, eff. 10-1-16.

Wis. Admin. Code § N 8.03 Certification as an advanced practice nurse prescriber {#sec-n-8.03 omnilex-key=us-wi-regs-official--agency-n--N 8.03}

An applicant for initial certification as an advanced practice nurse prescriber shall be granted a certificate by the board if the applicant complies with all of the following:

(1) Submits an application form and the fee under s. 440.05 (1), Stats.

(1m) Provides evidence of holding a current license to practice as a professional nurse in this state or a current multistate license, as defined in s. 441.51 (2) (h), Stats., to practice as a registered nurse.

(2) Provides evidence of current certification by a national certifying body approved by the board as a nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist or clinical nurse specialist.

(3) Provides evidence of a master’s or doctoral degree in nursing granted by a college or university accredited by an organization approved by the Council for Higher Education Accreditation or other accreditation agency approved by the board. This subsection does not apply to those who received national certification as a nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist or clinical nurse specialist before July 1, 1998.

(4) Provides evidence of completion of 45 contact hours in clinical pharmacology or therapeutics within 5 years preceding the application for a certificate.

(5) Provides evidence of passing a jurisprudence examination for advanced practice nurse prescribers.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; CR 01-046: am. (1), Register October 2001 No. 550, eff. 11-1-01; CR 16-020: am. (intro.), renum. (1) to (1m) and am., cr. (1), am. (2) to (5) Register September 2016 No. 729, eff. 10-1-16; CR 25-012: am. (1m), (3) Register September 2025 No. 837, eff. 10-1-25; correction in (1m) made under s. 35.17, Stats., Register September 2025 No. 837.

Wis. Admin. Code § N 8.045 Renewal {#sec-n-8.045 omnilex-key=us-wi-regs-official--agency-n--N 8.045}

A person holding an advanced practice nurse prescriber certificate may renew the certificate by doing all of the following:

(1) Pay the renewal fee as determined by the department under s. 440.03 (9) (a), Stats., the workforce survey fee, and any applicable late renewal fee.

(3) Certify completion of the continuing education required under s. N 8.05.

(4) Hold a current certification by a national certifying body approved by the board as a nurse practitioner, certified nurse-midwife, certified registered nurse anesthetist, or clinical nurse specialist.

(5) Hold a current license to practice as a professional nurse in this state or a current multistate license, as defined in s. 441.51 (2) (h), Stats., to practice as a registered nurse.

History

CR 16-020: cr. Register September 2016 No. 729, eff. 10-1-16; correction in (3) made under s. 35.17, Stats., Register September 2016 No. 729; correction in (intro.) made under s. 35.17, Stats., Register October 2019 No. 766; CR 25-012: r. (2), am. (4), cr. (5) Register September 2025 No. 837, eff. 10-1-25; correction in (5) made under. s. 35.17, Stats., Register September 2025 No. 837.

Wis. Admin. Code § N 8.05 Continuing education {#sec-n-8.05 omnilex-key=us-wi-regs-official--agency-n--N 8.05}

(1) Every advanced practice nurse prescriber shall complete 16 contact hours per biennium in clinical pharmacology or therapeutics relevant to the advanced practice nurse prescriber’s area of practice, including at least 2 contact hours in responsible prescribing of controlled substances.

(3) Every advanced practice nurse prescriber shall retain for a minimum period of 4 years, and shall make available to the board or its agent upon request, certificates of attendance issued by the program sponsor for all continuing education programs for which he or she claims credit for purposes of renewal of his or her certificate.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; CR 00-168: cr. (3), Register August 2001 No. 548, eff. 9-1-01; CR 16-020: am. (1), r. (2) Register September 2016 No. 729, eff. 10-1-16.

Wis. Admin. Code § N 8.06 Prescribing limitations {#sec-n-8.06 omnilex-key=us-wi-regs-official--agency-n--N 8.06}

The advanced practice nurse prescriber:

(1) May issue only those prescription orders appropriate to the advanced practice nurse prescriber’s areas of competence, as established by his or her education, training or experience.

(2) May not issue a prescription order for any schedule I controlled substance.

(3) May not prescribe, dispense or administer any amphetamine, sympathomimetic amine drug or compound designated as a schedule II controlled substance pursuant to the provisions of s. 961.16 (5), Stats., to or for any person except for any of the following:

(a) Use as an adjunct to opioid analgesic compounds for the treatment of cancer-related pain.

(b) Treatment of narcolepsy.

(d) Treatment of drug-induced brain dysfunction.

(e) Treatment of epilepsy.

(f) Treatment of depression shown to be refractory to other therapeutic modalities.

(4) May not prescribe, order, dispense or administer any anabolic steroid for the purpose of enhancing athletic performance or for other nonmedical purpose.

(5) Shall, upon request, present evidence to the nurse or to the administration of the facility where the prescription or order is to be carried out that the advanced practice nurse prescriber is properly certified to issue prescription orders.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538; CR 16-020: am. (3) (c), (5) Register September 2016 No. 729, eff. 10-1-16.

Wis. Admin. Code § N 8.07 Prescription orders {#sec-n-8.07 omnilex-key=us-wi-regs-official--agency-n--N 8.07}

(1) Prescription orders issued by an advanced practice nurse prescribers shall:

(a) Specify the date of issue.

(b) Specify the name and address of the patient.

(d) Specify the name and quantity of the drug product or device prescribed, including directions for use.

(e) Bear the signature of the advanced practice nurse prescriber.

(2) Prescription orders issued by advanced practice nurse prescribers for a controlled substance shall be written in ink or indelible pencil or shall be submitted electronically as permitted by state and federal law, and shall contain the practitioner’s drug enforcement agency number.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; CR 16-020: am. (2) Register September 2016 No. 729, eff. 10-1-16.

Wis. Admin. Code § N 8.08 Malpractice insurance coverage {#sec-n-8.08 omnilex-key=us-wi-regs-official--agency-n--N 8.08}

(1) Advanced practice nurse prescribers who prescribe independently shall maintain in effect malpractice insurance evidenced by one of the following:

(a) Personal liability coverage in the amounts specified in s. 655.23 (4), Stats.

(b) Coverage under a group liability policy providing individual coverage for the nurse in the amounts set forth in s. 655.23 (4), Stats. An advanced practice nurse prescriber covered under one or more such group policies shall certify on forms provided by the board that the nurse will independently prescribe only within the limits of the policy’s coverage, or shall obtain personal liability coverage for independent prescribing outside the scope of the group liability policy or policies.

(2) Notwithstanding sub. (1), an advanced practice nurse prescriber who practices as an employee of this state or a governmental subdivision, as defined under s. 180.0103, Stats., is not required to maintain in effect malpractice insurance coverage, but the nurse shall certify on forms provided by the board that the nurse will prescribe within employment policies.

(3) An advanced practice nurse prescriber who prescribes under the supervision and delegation of a physician or CRNA shall certify on forms provided by the board that the nurse complies with s. N 6.03 (2) and (3), regarding delegated acts.

(4) An advanced practice nurse prescriber who prescribes in more than one setting or capacity shall comply with the provisions of subs. (1), (2) and (3) applicable to each setting or capacity. An advanced practice nurse prescriber who is not an employee of this state or a governmental subdivision, and who prescribes independently in some situations and prescribes under the supervision and delegation of a physician or CRNA in other situations, shall meet the requirements of sub. (1) with respect to independent prescribing and the requirements of sub. (3) with respect to delegated prescribing.

(5) Every advanced practice nurse who is certified to issue prescription orders shall annually submit to the board satisfactory evidence that he or she has in effect malpractice insurance required by sub. (1).

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; r. and recr. (1), renum. (2) to be (5) and cr. (2), (3) and (4), Register, October, 1996, No. 490, eff. 11-1-96.

Wis. Admin. Code § N 8.09 Dispensing {#sec-n-8.09 omnilex-key=us-wi-regs-official--agency-n--N 8.09}

(1) Except as provided in sub. (2), advanced practice nurse prescribers shall restrict their dispensing of prescription drugs to complimentary samples dispensed in original containers or packaging supplied by a pharmaceutical manufacturer or distributor.

(2) An advanced practice nurse prescriber may dispense drugs to a patient at the treatment facility at which the patient is treated.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; CR 16-020: am. (2) Register September 2016 No. 729, eff. 10-1-16.

Wis. Admin. Code § N 8.10 Care management and collaboration with other health care professionals {#sec-n-8.10 omnilex-key=us-wi-regs-official--agency-n--N 8.10}

(1) Advanced practice nurse prescribers shall communicate with patients through the use of modern communication techniques.

(2) Advanced practice nurse prescribers shall facilitate collaboration with other health care professionals, at least 1 of whom shall be a physician or dentist, through the use of modern communication techniques.

(3) Advanced practice nurse prescribers shall facilitate referral of patient health care records to other health care professionals and shall notify patients of their right to have their health care records referred to other health care professionals.

(4) Advanced practice nurse prescribers shall provide a summary of a patient’s health care records, including diagnosis, surgeries, allergies and current medications to other health care providers as a means of facilitating care management and improved collaboration.

(5) The board shall promote communication and collaboration among advanced practice nurse prescribers, physicians, dentists and other health care professionals.

(6) The advanced practice nurse prescriber may order treatment, therapeutics, and testing, appropriate to his or her area of competence as established by his or her education, training, or experience, to provide care management.

(7) Advanced practice nurse prescribers shall work in a collaborative relationship with a physician or dentist. The collaborative relationship is a process in which an advanced practice nurse prescriber is working with a physician or dentist, in each other’s presence when necessary, to deliver health care services within the scope of the practitioner’s training, education, and experience. The advanced practice nurse prescriber shall document this relationship.

History

Cr. Register, February, 1995, No. 470, eff. 3-1-95; cr. (6) and (7), Register, October, 2000, No. 538, eff. 11-1-00; CR 16-020: am. (title), (4) to (7) Register September 2016 No. 729, eff. 10-1-16; CR 19-050: am. (2), (5), (7) Register October 2019 No. 766, eff. 11-1-19; correction in (2) made under s. 35.17, Stats., Register October 2019 No. 766.

Chapter N 9 Appendix RULES OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS

Wis. Admin. Code § Chapter N 9 RULES OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS {#sec-chapter-n-9 omnilex-key=us-wi-regs-official--agency-n--Chapter N 9}

SECTION 100. DEFINITIONS

(1) “Commission” is the Interstate Commission of Nurse Licensure Compact Administrators (ICNLCA).

(2) “Compact” is the Nurse Licensure Compact that became effective on July 20, 2017 and implemented on January 19, 2018.

(3) “Deactivate” is to terminate the active status of a multistate license or privilege to practice in a party state.

(4) “Executive Director” of the ICNLCA is the individual approved to perform duties as delegated by the Commission.

(5) “Disqualifying Event” is an incident, which results in a person becoming disqualified or ineligible to retain or renew a multistate license. These include, but are not limited to, the following: any adverse action resulting in an encumbrance as defined in Article II e, current participation in an alternative program, a misdemeanor offense related to the practice of nursing which includes, but is not limited to, an agreed disposition, or any felony offense which includes, but is not limited to, an agreed disposition.

(6) “Independent Credentials Review Agency” is a non-governmental evaluation agency that verifies and certifies that foreign nurse graduates have graduated from nursing programs that are academically equivalent to nursing programs in the United States.

(7) “Licensure” includes the authority to practice nursing granted through the process of examination, endorsement, renewal, reinstatement and/or reactivation.

(8) “Prior Compact” is the Nurse Licensure Compact that was in effect until January 19, 2018.

(9) “Unencumbered License” is a license that authorizes a nurse to engage in the full and unrestricted practice of nursing.

History: Adopted December 12, 2017; effective January 19, 2018; amended August 15, 2023, effective January 2, 2024.

SECTION 200. COORDINATED LICENSURE INFORMATION SYSTEM

UNIFORM DATA SET AND LEVELS OF ACCESS

(1) The Compact Administrator of each party state shall furnish uniform data to the Coordinated Licensure Information System, which shall consist of the following:

(a) the nurse’s name;

(b) jurisdiction of licensure;

(d) licensure classification, license number and status;

(e) public emergency and final disciplinary actions, as defined by the contributing state authority;

(f) a change in the status of a disciplinary action or licensure encumbrance;

(g) status of multistate licensure privileges;

(h) current participation by the nurse in an alternative program;

(i) information that is required to be expunged by the laws of a party state;

(j) the applicant or nurse’s United States social security number;

(k) the existence of current significant investigative information; and

(l) a correction to a licensee’s data.

(2) The public shall have access to items (1) (a) through (g) and information about a licensee’s participation in an alternative program to the extent allowed by state law.

(3) In the event a nurse asserts that any Coordinated Licensure Information System data is inaccurate, the burden shall be upon the nurse to provide evidence in a manner determined by the party state that substantiates such claim.

(4) A party state shall report the items in the uniform data set to the Coordinated Licensure Information System within fifteen (15) calendar days of the date on which the action is taken.

History: Adopted December 12, 2017; effective January 19, 2018; amended August 14, 2018; effective January 1, 2019, amended August 15, 2023, effective January 2, 2024.

QUERYING THE COORDINATED LICENSURE INFORMATION SYSTEM

(1) Upon application for multistate licensure, with the exception of renewal by a nurse, a party state shall query the Coordinated Licensure Information System to ascertain the applicant’s current licensure status, previous disciplinary action(s), and member board notifications related to current participation in an alternative program or current significant investigative information.

(2) Upon discovery that an applicant is under investigation in another party state, the party state in receipt of the nurse licensure application shall contact the investigating party state and may request investigative documents and information.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

203: PARTICIPATION IN COORDINATED LICENSURE INFORMATION SYSTEM

All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical/vocational nurses. Such participation includes participation in all of the following components:

(1) Licensure information, which includes the Uniform Data Set as described in Rule 201(1); and

(2) Submission of disciplinary history of each nurse, including information regarding adverse actions taken against a license, application, and/or multistate licensure privilege; and

(3) Participation in the license verification service for endorsement.

History: Adopted August 15, 2023, effective January 2, 2024.

SECTION 300. IMPLEMENTATION

IMPLEMENTATION

The Compact was implemented on January 19, 2018.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

LEGACY CLAUSE

(1) A nurse who held a multistate license as of July 20, 2017, whose multistate license remained unencumbered as of the January 19, 2018 implementation, and who retained that multistate license, was not required to meet the new requirements for a multistate license under this Compact.

(2) A nurse who retained a multistate license pursuant to subsection (1) of this section and who changes primary state of residence after January 19, 2018, must meet all applicable Article III (c) requirements to obtain a multistate license from a new primary state of residence.

(3) A nurse whose multistate license is revoked or deactivated may be eligible for a single state license in accordance with the laws of the party state.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

IMPLEMENTATION BY NEW PARTY STATES

(1) The Executive Director shall notify party states within fifteen (15) calendar days after a new party state enacts the Compact.

(2) The new party state shall establish an implementation date within twelve (12) months from enactment, or as specified in the enabling language, and shall notify the Executive Director of the date.

(3) Upon implementation, a licensee who holds a single state license in the new party state and holds a multistate license in the home state, may retain the single state license until it lapses, expires or becomes inactive.

(4) At least ninety (90) calendar days prior to the new party state implementation date, party states shall notify any active single state licensee with an address in the new party state that the licensee may only hold one multistate license in the primary state of residence. The licensee shall be advised to obtain or maintain a multistate license only from the primary state of residence.

(5) Each party state shall deactivate a multistate license when a new home state issues a multistate license.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

SECTION 400. LICENSURE

PARTY STATE RESPONSIBILITIES

(1) On all application forms for multistate licensure, a party state shall require, at a minimum:

(a) A declaration of a primary state of residence and

(b) Whether the applicant is a current participant in an alternative program.

(2) (a) An applicant for licensure who is determined to be ineligible for a multistate license shall be notified by the home state of the qualifications not met.

(b) The home state may issue a single state license pursuant to its laws.

(3) A remote party state shall not issue a single state license to a nurse who holds a multistate license.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

MULTISTATE APPLICANT RESPONSIBILITIES

(1) On all application forms for multistate licensure in a party state, an applicant shall declare a primary state of residence.

(2) A multistate licensee who changes primary state of residence to another party state shall apply for a multistate license in the new party state within 60 days.

(3) A party state may require an applicant to provide evidence of residence in the declared primary state of residence. This evidence may include, but is not limited to, a current:

(a) driver’s license with a home address;

(b) voter registration card with a home address;

(d) military form no. 2058 (state of legal residence certificate); or

(e) W2 form from the United States government or any bureau, division, or agency thereof, indicating residence.

(4) A nurse shall not apply for a single state license in a remote state while the nurse holds a multistate license in their primary state of residence.

(5) An applicant who is a citizen of a foreign country, and who is lawfully present in the United States and is applying for multistate licensure in a party state may declare either the applicant’s country of origin or the party state where they are living as the primary state of residence. If the applicant declares the foreign country as the primary state of residence, the party state shall not issue a multistate license, but may issue a single state license if the applicant meets the party state’s licensure requirements.

(6) An applicant shall disclose current participation in an alternative program to any party state, whether upon initial application or within ten (10) calendar days of enrollment in the program.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

CHANGE IN PRIMARY STATE OF RESIDENCE

(1) A nurse who changes his or her primary state of residence from one party state to another party state may continue to practice under the existing multistate license while the nurse’s application is processed and a multistate license is issued in the new primary state of residence.

(2) Upon issuance of a new multistate license, the former primary state of residence shall deactivate its multistate license held by the nurse and provide notice to the nurse.

(3) If a party state verifies that a licensee who holds a multistate license changes primary state of residence to a non-party state, the party state shall convert the multistate license to a single state license within fifteen (15) calendar days, and report this conversion to the Coordinated Licensure Information System.

History: Adopted December 12, 2017; effective January 19, 2018.

TEMPORARY PERMITS AND LICENSES

A temporary permit, license, or similar temporary authorization to practice issued by a party state to an applicant for licensure shall not grant multistate licensure privileges.

History: Adopted December 12, 2017; effective January 19, 2018.

IDENTIFICATION OF LICENSES

A party state shall clearly identify a license as either a single state license or a multistate license.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

History: Rules 406 and 407 retired August 15, 2023, effective January 2, 2024.

FEDERAL CRIMINAL RECORDS

Communication between a party state and the Commission and communication between party states regarding verification of the nurse’s eligibility for licensure pursuant to the Compact shall not include any Criminal History Record Information (CHRI) received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member board under Public Law 92-544.

History: Adopted August 11, 2020; effective January 1, 2021, amended August 15, 2023, effective January 2, 2024.

ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSE

An active duty service member, or the member’s spouse, shall designate a primary state of residence where the service member or spouse has a current license in good standing. The service member or spouse may retain the primary state of residence designation during the period the service member is on active duty. Subsequent to designating a primary state of residence, the service member or spouse shall only change the primary state of residence through application for licensure in the new primary state of residence.

History: Adopted August 11, 2020; effective January 1, 2021, amended August 15, 2023, effective January 2, 2024.

SECTION 500. ADMINISTRATION

DUES ASSESSMENT

(1) The Commission shall determine the annual assessment to be paid by party states. The assessment formula is a flat fee per party state. The Commission shall provide public notice of any proposed revision to the annual assessment fee at least ninety (90) calendar days prior to the Commission meeting to consider the proposed revision.

(2) The annual assessment shall be due within the Commission’s first fiscal year after a new party state’s implementation date and annually thereafter.

History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.

DISPUTE RESOLUTION

(1) In the event that two or more party states have a dispute, the parties shall attempt resolution following the steps set out in this rule.

(2) The parties shall first attempt informal resolution. The Compact Administrators in the states involved shall contact each other. Each Compact Administrator shall submit a written statement describing the situation to the other Compact Administrators involved in the dispute. Each Compact Administrator may submit a response. The submission of the statement and the response shall be in a mutually agreed upon time. If the dispute is related to an interpretation of the Compact, the parties shall contact the Executive Director to request assistance from the Executive Committee. If all issues are resolved, no further action is required. If any issue remains unresolved, the parties shall notify the Executive Committee, through the Executive Director, to request mediation and provide the Executive Committee with a concise statement of unresolved issue(s) and analysis including references to NLC statutes, rules and any supporting documents. The Executive Committee may refer the matter to the Compliance Committee. After review by the Compliance Committee, its recommendations will be sent to the parties and the Executive Committee for further review.

Amended August 11, 2020; effective January 1, 2021; amended August 15, 2023, effective January 2, 2024.

(3) (a) A party state that has a dispute with one or more other party states, and informal resolution was unsuccessful, shall attempt mediation. Mediation shall be conducted by a mediator appointed by the Executive Committee from a list of mediators approved by the National Association of Certified Mediators or as agreed to by all parties. If all issues are resolved through mediation, no further action is required. If mediation is unsuccessful, the parties shall submit to binding dispute resolution.

(b) The costs of mediation shall be shared by all party states involved.

(c) All party state Compact Administrators shall be notified of all issues and disputes that rise to the mediation stage in order to comment on those matters and disputes that may impact all party states.

(4) (a) In the event of a dispute between party states that was not resolved through informal resolution or mediation, the party states shall submit to binding dispute resolution. The parties may choose binding dispute resolution either by submitting the question in dispute to the Commission for final action or by arbitration.

(b) All party states involved shall agree in order to proceed with arbitration. In the absence of agreement, the matter shall be referred to the Commission for final determination.

(d) The party state Compact Administrators involved in the dispute shall recuse themselves from consideration or voting by the full Commission.

History: Adopted August 14, 2018; effective January 1, 2019, amended August 15, 2023, effective January 2, 2024.

COMPLIANCE AND ENFORCEMENT

(1) Compliance and enforcement issues shall be initiated by the Executive Committee.

(2) The Executive Committee, through the Executive Director, shall send a written statement to the Compact Administrator in the party state with the alleged non-compliance issue. That Compact Administrator shall respond to the written statement within thirty calendar days.

(3) The Compact Administrator may appear before the Executive Committee at a time and place as designated by the Executive Committee.

(4) The Executive Committee shall make a recommendation to the Commission concerning the issue of non-compliance.

History: Adopted August 14, 2018; effective January 1, 2019; amended August 15, 2023, effective January 2, 2024.

Wis. Admin. Code N — Board of Nursing

Chapter N 1 APPROVAL FOR SCHOOLS OF NURSING

Wis. Admin. Code § N 1.01 Authority and intent {#sec-n-1.01 omnilex-key=us-wi-regs-official--agency-n--N 1.01}

Wis. Admin. Code § N 1.02 Definitions {#sec-n-1.02 omnilex-key=us-wi-regs-official--agency-n--N 1.02}

Wis. Admin. Code § N 1.03 Authorization to plan a school of nursing {#sec-n-1.03 omnilex-key=us-wi-regs-official--agency-n--N 1.03}

Wis. Admin. Code § N 1.04 Authorization to admit students {#sec-n-1.04 omnilex-key=us-wi-regs-official--agency-n--N 1.04}

Wis. Admin. Code § N 1.05 Approval of school of nursing {#sec-n-1.05 omnilex-key=us-wi-regs-official--agency-n--N 1.05}

Wis. Admin. Code § N 1.06 Approval of out of state school of nursing {#sec-n-1.06 omnilex-key=us-wi-regs-official--agency-n--N 1.06}

Wis. Admin. Code § N 1.07 Accreditation {#sec-n-1.07 omnilex-key=us-wi-regs-official--agency-n--N 1.07}

Wis. Admin. Code § N 1.08 Standards {#sec-n-1.08 omnilex-key=us-wi-regs-official--agency-n--N 1.08}

Wis. Admin. Code § N 1.09 Annual pass rates {#sec-n-1.09 omnilex-key=us-wi-regs-official--agency-n--N 1.09}

Wis. Admin. Code § N 1.10 Continuation of board approval {#sec-n-1.10 omnilex-key=us-wi-regs-official--agency-n--N 1.10}

Wis. Admin. Code § N 1.11 Closure of a school of nursing {#sec-n-1.11 omnilex-key=us-wi-regs-official--agency-n--N 1.11}

Wis. Admin. Code § N 1.12 Nursing refresher course approval {#sec-n-1.12 omnilex-key=us-wi-regs-official--agency-n--N 1.12}

Chapter N 2 LICENSURE

Subchapter I Authority; Definitions

Wis. Admin. Code § N 2.01 Authority {#sec-n-2.01 omnilex-key=us-wi-regs-official--agency-n--N 2.01}

Wis. Admin. Code § N 2.02 Definitions {#sec-n-2.02 omnilex-key=us-wi-regs-official--agency-n--N 2.02}

Subchapter II Licensure By Examination

Wis. Admin. Code § N 2.10 Qualifications for licensure {#sec-n-2.10 omnilex-key=us-wi-regs-official--agency-n--N 2.10}

Wis. Admin. Code § N 2.105 Application procedure for a multistate license {#sec-n-2.105 omnilex-key=us-wi-regs-official--agency-n--N 2.105}

Wis. Admin. Code § N 2.11 Application procedure for a single state license for applicants from board-approved schools {#sec-n-2.11 omnilex-key=us-wi-regs-official--agency-n--N 2.11}

Wis. Admin. Code § N 2.12 Application procedure for a single state license for applicants from comparable schools {#sec-n-2.12 omnilex-key=us-wi-regs-official--agency-n--N 2.12}

Subchapter III Licensure by Endorsement

Wis. Admin. Code § N 2.19 Endorsement of an applicant for a multistate license {#sec-n-2.19 omnilex-key=us-wi-regs-official--agency-n--N 2.19}

Wis. Admin. Code § N 2.21 Endorsement of an applicant for a single state license {#sec-n-2.21 omnilex-key=us-wi-regs-official--agency-n--N 2.21}

Wis. Admin. Code § N 2.23 Reciprocal credentials for service members, former service members, and their spouses {#sec-n-2.23 omnilex-key=us-wi-regs-official--agency-n--N 2.23}

Subchapter IV Temporary Permits

Wis. Admin. Code § N 2.30 Definitions {#sec-n-2.30 omnilex-key=us-wi-regs-official--agency-n--N 2.30}

Wis. Admin. Code § N 2.31 Application {#sec-n-2.31 omnilex-key=us-wi-regs-official--agency-n--N 2.31}

Wis. Admin. Code § N 2.32 Title {#sec-n-2.32 omnilex-key=us-wi-regs-official--agency-n--N 2.32}

Wis. Admin. Code § N 2.33 Supervision {#sec-n-2.33 omnilex-key=us-wi-regs-official--agency-n--N 2.33}

Wis. Admin. Code § N 2.34 Duration {#sec-n-2.34 omnilex-key=us-wi-regs-official--agency-n--N 2.34}

Wis. Admin. Code § N 2.35 Renewal {#sec-n-2.35 omnilex-key=us-wi-regs-official--agency-n--N 2.35}

Wis. Admin. Code § N 2.36 Denial or revocation {#sec-n-2.36 omnilex-key=us-wi-regs-official--agency-n--N 2.36}

Subchapter V Renewal

Wis. Admin. Code § N 2.40 Renewal {#sec-n-2.40 omnilex-key=us-wi-regs-official--agency-n--N 2.40}

Wis. Admin. Code § N 2.41 Reinstatement {#sec-n-2.41 omnilex-key=us-wi-regs-official--agency-n--N 2.41}

Chapter N 4 LICENSURE OF NURSE-MIDWIVES

Wis. Admin. Code § N 4.01 Authority and intent {#sec-n-4.01 omnilex-key=us-wi-regs-official--agency-n--N 4.01}

Wis. Admin. Code § N 4.02 Definitions {#sec-n-4.02 omnilex-key=us-wi-regs-official--agency-n--N 4.02}

Wis. Admin. Code § N 4.025 Licensure and exceptions {#sec-n-4.025 omnilex-key=us-wi-regs-official--agency-n--N 4.025}

Wis. Admin. Code § N 4.03 Qualifications for licensure {#sec-n-4.03 omnilex-key=us-wi-regs-official--agency-n--N 4.03}

Wis. Admin. Code § N 4.04 Application for licensure {#sec-n-4.04 omnilex-key=us-wi-regs-official--agency-n--N 4.04}

Wis. Admin. Code § N 4.043 License renewal {#sec-n-4.043 omnilex-key=us-wi-regs-official--agency-n--N 4.043}

Wis. Admin. Code § N 4.05 Temporary permits {#sec-n-4.05 omnilex-key=us-wi-regs-official--agency-n--N 4.05}

Wis. Admin. Code § N 4.06 Scope of practice {#sec-n-4.06 omnilex-key=us-wi-regs-official--agency-n--N 4.06}

Wis. Admin. Code § N 4.07 Limitations on the scope of practice {#sec-n-4.07 omnilex-key=us-wi-regs-official--agency-n--N 4.07}

Wis. Admin. Code § N 4.09 Health care facilities where practice shall occur {#sec-n-4.09 omnilex-key=us-wi-regs-official--agency-n--N 4.09}

Wis. Admin. Code § N 4.10 Malpractice insurance coverage {#sec-n-4.10 omnilex-key=us-wi-regs-official--agency-n--N 4.10}

Chapter N 6 STANDARDS OF PRACTICE FOR REGISTERED NURSES AND LICENSED PRACTICAL NURSES

Wis. Admin. Code § N 6.01 Authority and intent {#sec-n-6.01 omnilex-key=us-wi-regs-official--agency-n--N 6.01}

Wis. Admin. Code § N 6.02 Definitions {#sec-n-6.02 omnilex-key=us-wi-regs-official--agency-n--N 6.02}

Wis. Admin. Code § N 6.03 Standards of practice for registered nurses {#sec-n-6.03 omnilex-key=us-wi-regs-official--agency-n--N 6.03}

Wis. Admin. Code § N 6.04 Standards of practice for licensed practical nurses {#sec-n-6.04 omnilex-key=us-wi-regs-official--agency-n--N 6.04}

Wis. Admin. Code § N 6.05 Violations of standards {#sec-n-6.05 omnilex-key=us-wi-regs-official--agency-n--N 6.05}

Chapter N 7 RULES OF CONDUCT

Wis. Admin. Code § N 7.01 Authority and intent {#sec-n-7.01 omnilex-key=us-wi-regs-official--agency-n--N 7.01}

Wis. Admin. Code § N 7.02 Definitions {#sec-n-7.02 omnilex-key=us-wi-regs-official--agency-n--N 7.02}

Wis. Admin. Code § N 7.03 Grounds for denying or taking disciplinary action {#sec-n-7.03 omnilex-key=us-wi-regs-official--agency-n--N 7.03}

Chapter N 8 CERTIFICATION OF ADVANCED PRACTICE NURSE PRESCRIBERS

Wis. Admin. Code § N 8.01 Authority and intent {#sec-n-8.01 omnilex-key=us-wi-regs-official--agency-n--N 8.01}

Wis. Admin. Code § N 8.02 Definitions {#sec-n-8.02 omnilex-key=us-wi-regs-official--agency-n--N 8.02}

Wis. Admin. Code § N 8.03 Certification as an advanced practice nurse prescriber {#sec-n-8.03 omnilex-key=us-wi-regs-official--agency-n--N 8.03}

Wis. Admin. Code § N 8.045 Renewal {#sec-n-8.045 omnilex-key=us-wi-regs-official--agency-n--N 8.045}

Wis. Admin. Code § N 8.05 Continuing education {#sec-n-8.05 omnilex-key=us-wi-regs-official--agency-n--N 8.05}

Wis. Admin. Code § N 8.06 Prescribing limitations {#sec-n-8.06 omnilex-key=us-wi-regs-official--agency-n--N 8.06}

Wis. Admin. Code § N 8.07 Prescription orders {#sec-n-8.07 omnilex-key=us-wi-regs-official--agency-n--N 8.07}

Wis. Admin. Code § N 8.08 Malpractice insurance coverage {#sec-n-8.08 omnilex-key=us-wi-regs-official--agency-n--N 8.08}

Wis. Admin. Code § N 8.09 Dispensing {#sec-n-8.09 omnilex-key=us-wi-regs-official--agency-n--N 8.09}

Wis. Admin. Code § N 8.10 Care management and collaboration with other health care professionals {#sec-n-8.10 omnilex-key=us-wi-regs-official--agency-n--N 8.10}

Chapter N 9 Appendix RULES OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS

Wis. Admin. Code § Chapter N 9 RULES OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS {#sec-chapter-n-9 omnilex-key=us-wi-regs-official--agency-n--Chapter N 9}

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