LRB-1513/1
MED:wlj:ph
2013 - 2014 LEGISLATURE
June 5, 2013 - Introduced by Senators Harsdorf, Shilling, Olsen, Vinehout,
Lassa, Schultz and Lehman, cosponsored by Representatives Bernier, T.
Larson
, Thiesfeldt, Berceau, Brooks, Craig, Kooyenga, A. Ott, Ringhand,
Sinicki, Spiros and Wright. Referred to Committee on Health and Human
Services.
SB212,1,4 1An Act to amend 73.0301 (1) (d) 3., 146.40 (1) (d), 146.40 (2) (a), 146.40 (2) (c)
2(intro.), 146.40 (4d) (a) and 146.40 (4m); and to create 146.40 (3g) of the
3statutes; relating to: instructional programs for nurse aides and granting
4rule-making authority.
Analysis by the Legislative Reference Bureau
Current law provides that, with certain exceptions, no hospital, nursing home,
intermediate care facility for persons with an intellectual disability, home health
agency, or hospice (health facility) may employ the services of a nurse aide unless the
individual has successfully completed an instructional program and a competency
evaluation program that are approved by the Department of Health Services (DHS).
A nurse aide is defined as an individual who performs routine patient care duties
that are delegated by a registered nurse or licensed practical nurse who supervises
the individual, for the direct health care of a patient or resident. Current law
requires DHS to promulgate rules that establish standards for the approval of nurse
aide instructional programs and competency evaluation programs and requires DHS
to approve programs that meet those standards.
This bill permits DHS to approve instructional programs for nurse aides that
allow an individual who has successfully completed an instructional program for
nurse aides in another state to receive instruction that, when combined with the
instructional program in the other state, will result in the individual having received
substantially the same instruction as an individual who successfully completes an
instructional program approved by DHS under current law (bridge program). As

under current law and subject to the same exceptions, an individual who successfully
completes a bridge program must successfully complete a competency evaluation
program approved by DHS in order to work in a health facility.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB212,1 1Section 1. 73.0301 (1) (d) 3. of the statutes is amended to read:
SB212,2,72 73.0301 (1) (d) 3. A license, certificate of approval, provisional license,
3conditional license, certification, certification card, registration, permit, training
4permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7)
5(b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2),
6254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or
7343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).
SB212,2 8Section 2. 146.40 (1) (d) of the statutes is amended to read:
SB212,2,169 146.40 (1) (d) "Nurse aide" means an individual who performs routine patient
10care duties delegated by a registered nurse or licensed practical nurse who
11supervises the individual, for the direct health care of a patient or resident. "Nurse
12aide" does not mean a feeding assistant, an individual who is licensed, permitted,
13certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or an
14individual whose duties primarily involve skills that are different than those taught
15in instructional programs for nurse aides approved under sub. (3) or (3g) or evaluated
16by competency evaluation programs for nurse aides approved under sub. (3m).
SB212,3 17Section 3. 146.40 (2) (a) of the statutes is amended to read:
SB212,3,218 146.40 (2) (a) The individual has successfully completed instruction in an
19instructional program for nurse aides that is approved under sub. (3) or (3g) and has

1successfully completed a competency evaluation program that is approved under
2sub. (3m).
SB212,4 3Section 4. 146.40 (2) (c) (intro.) of the statutes is amended to read:
SB212,3,124 146.40 (2) (c) (intro.) For hospitals, nursing homes, home health agencies or
5hospices, whether or not certified providers of medical assistance, and intermediate
6care facilities persons with an intellectual disability that are certified providers of
7medical assistance, the individual is enrolled in an instructional program for nurse
8aides that is approved under sub. (3) or (3g) and is employed or under contract as a
9nurse's assistant, home health aide or hospice aide fewer than 120 calendar days by
10the hospital, nursing home, home health agency, hospice or intermediate care facility
11for persons with an intellectual disability. All of the following applies to an
12individual specified under this paragraph:
SB212,5 13Section 5. 146.40 (3g) of the statutes is created to read:
SB212,4,314 146.40 (3g) Except as provided in sub. (4d), the department may approve
15instructional programs for nurse aides that apply for approval; that satisfy
16standards for approval that are promulgated by rule by the department; and that
17allow an individual who has successfully completed an instructional program for
18nurse aides in another state to receive instruction in this state that, when combined
19with the instructional program in the other state, will result in the individual having
20received substantially the same instruction as an individual who successfully
21completes an instructional program approved under sub. (3). The department shall
22review the curriculum of each approved instructional program at least once every 24
23months following the date of approval to determine whether the program continues
24to satisfy the requirements of this subsection. Under this subsection, the
25department may, after providing notice, suspend or revoke the approval of an

1instructional program or impose a plan of correction on the program if the program
2fails to satisfy the requirements of this subsection or operates under conditions that
3are other than those contained in the application approved by the department.
SB212,6 4Section 6. 146.40 (4d) (a) of the statutes is amended to read:
SB212,4,95 146.40 (4d) (a) Except as provided in par. (am), the department shall require
6each applicant to provide the department with his or her social security number, if
7the applicant is an individual, or the applicant's federal employer identification
8number, if the applicant is not an individual, as a condition of issuing an approval
9under sub. (3), (3g), or (3m).
SB212,7 10Section 7. 146.40 (4m) of the statutes is amended to read:
SB212,5,211 146.40 (4m) An instructional program under sub. (3) or (3g) for which the
12department has suspended or revoked approval or imposed a plan of correction or a
13competency evaluation program under sub. (3m) for which the department has
14suspended or revoked approval or imposed a plan of correction may contest the
15department's action by sending, within 10 days after receipt of notice of the contested
16action, a written request for hearing under s. 227.44 to the division of hearings and
17appeals created under s. 15.103 (1). The administrator of the division may designate
18a hearing examiner to preside over the case and recommend a decision to the
19administrator under s. 227.46. The decision of the administrator of the division shall
20be the final administrative decision. The division shall commence the hearing within
2130 days after receipt of the request for hearing and shall issue a final decision within
2215 days after the close of the hearing. Proceedings before the division are governed
23by ch. 227. In any petition for judicial review of a decision by the division, the party,
24other than the petitioner, who was in the proceeding before the division shall be the

1named respondent. This subsection does not apply to a revocation of approval under
2sub. (4d) (d).
SB212,5,33 (End)
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