STATE OF WISCONSIN
Board
o
f Nursing
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
BOARD OF NURSING
PROPOSED ORDER OF THE BOARD OF NURSING ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the
Board of Nursing
to
amend
N
7.01 (2)
and N 7.03 (intro) relating to grounds for denying a credential
.
Analysis prepared by the Department of
Safety and Professional Services
.
---------------------------------------------------------------------------------------------------------------------
ANALYSIS
Statutes interpreted:
s.
441.07
Explanation of agency authority:
The board shall promul
gate rules for the guidance of the profession
and define and enforce professional conduct and unethical practices not inconsistent with the law relating
to nursing.
The board may establish rules to prevent unauthorized persons from practicing professional nursing and approve all rules for the administration of ch.
441
, Stats.
Related statute or rule:
Ch.
N 7
Plain language analysis:
This rule
clarifies that ch.
N 7
also to provide
s
grounds for denying an initial license or certificate.
2013 Act 114
amended s.
441.07
, Stats to give authority to the board to deny an initial license or certificate. This rule updates s
s
.
N 7.01 (2)
and
N 7.03 (intro)
to reflect that change in authority.
Summary of, and comparison with, existing or proposed federal regulation:
None
Comparison with rules in adjacent states:
Illinois
:
Illinois specifies
unethical or unprofessional conduct
is grounds for discipline as well as grounds
for refusing to issue a license.
Iowa
:
Iowa does not specify that the grounds for discipline are the same for denying an initial license.
Michigan
:
Michigan does not specify that the grounds for discipline are the same for denying an initial license.
Minnesota:
Minnesota specifies the grounds for discipline are the same grounds for denying an initial license.
Summary of factual data and analytical methodologies:
The board incorporated the authority to deny an
initial
license into rules of conduct chapter.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The rule was posted for economic comments for 14 days and none were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business
:
These proposed rules
do
not
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Eric.Esser
@wisconsin.gov
, or by calling (608) 26
7-2435
.
Agency contact person
:
Sharon Henes, Administrative Rules Coordinator
, Department of
Safety and Professional Services
, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, Wisconsin 53708; telephone 608-
261-2377
; email at
Sharon.Henes
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Sharon Henes, Administrative Rules Coordinator,
Department of
Safety and Professional Services
, Division of Board Services, 1400 East Washington Avenue,
Room 151, P.O. Box 8
366
, Madison, WI 53708-
8366
, or by email to
Sharon.Henes
@wisco
ns
in.gov
. Comments must be received
at
or before
the hearing to be held at 8:00 a.m. on October 8, 2015
to be included in the record of rule-making proceedings.
---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section
1. N 7.01(2) is amended to read:
N 7.01 (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 rene
w
al of a license or certificate or for reprimanding a licensee or certificate
holder
.
Section
2. N 7.03 (intro) is amended to read:
N 7.03 Grounds for denying
renewal
or disciplinary action.
The grounds for denying
renewal
or taking disciplinary action on a license or certificate are any of the following:
Section
3
. EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
---------------------------------------------------------------------------------------------------------------------
