Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack, Paralegal, Department of Regulation and Licensing, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Email pamela.haack@drl.state.wi.us. Comments must be received on or before February 10, 2006 to be included in the record of rule-making proceedings.

NOTICE IS HEREBY GIVEN thatpursuant to authority vested in the Board of Nursing in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting ss. 441.04 and 441.10, Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to repeal s. N 2.06 (4) (b), (c) and (d); to renumber s. N 2.06 (4) (a); to amend ss. N 2.03 (1) (c) and (2) (c), 2.04 (2) and (6) and 2.06 (1) (b); and to create s. N 3.04 (1m), relating to qualifications for examination and application procedures, temporary permits and refresher courses.

Date:   January 26, 2006

Time:   9:15 a.m.

Location:   1400 East Washington Avenue

  (Enter at 55 North Dickinson Street)

  Room 121A

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 6, 2006, to be included in the record of rule-making proceedings.

Statute interpreted: Sections 441.04 and 441.10, Stats.

Statutory authority: Sections 15.08 (5) (b) and 227.11 (2), Stats.

Explanation of agency authority: The Board of Nursing has the authority under ss. 441.04 and 441.10, Stats., to establish the prerequisites for examination of registered nurses and licensed practical nurses, including the professional educational qualifications of those applicants who have graduated from nursing schools located outside of this state.

Related statute or rule: There are no other statutes or rules other than those listed above.

Plain language analysis: The proposed revision to s. N 2.03 (1) (c) eliminates the requirement that a graduate of a school of nursing other than a board-approved school, complete a board-approved qualifying examination prior to admission to the NCLEX examination. This rule primarily affects foreign graduates are required under the existing rule to take and pass the Commission on Graduates of Foreign Nursing Schools (CGFNS) Qualifying Examination. The rule revision allows foreign graduate nurse applicants to submit verification from the Credentials Evaluation Service (CES) of the Commission of Graduates of Foreign Nursing Schools (CGFNS), as proof of the equivalence of their nursing coursework prior to admission to NCLEX, instead of taking the qualifying examination. Under the proposed rule revision, passage of the qualifying examination will not be a mandatory requirement for licensure; however, an applicant may take the examination voluntarily. Studies have shown that the value of the qualifying examination as a predictor of successful passage of the NCLEX does not outweigh the additional cost and potential barrier resulting from the imposition of this as a prerequisite for taking the NCLEX. Foreign graduates are not restricted as to the number of attempts or scheduled NCLEX reexaminations which are taken.

The proposed revision of s. N 2.04 (2) and (6) inserts the reference to schools of practical nursing because the CGFNS coursework evaluation service was previously only available for schools of professional nursing. This rule primarily affects foreign graduate registered nurses. The CGFNS service has been expanded to include schools of practical nursing.

The proposed revision of s. N 2.06 (1) (b) limits the time period for renewal of the temporary permit which is issued to graduate nurses who are eligible to take NCLEX. Currently, an applicant is allowed to work as a nurse under a temporary permit for up to nine months, with renewals, if they have scheduled to take the NCLEX. Under the proposed revision, the permit will be limited to a period of three months or until the holder receives failing examination results with no option to renew for successive periods. The need for renewal of the temporary permit has been obviated by the increased availability of the examination; the NCLEX is administered as a computer-based examination at multiple sites seven days per week as compared to the former periodic administration of the examination, which resulted in an applicant having to wait for a period of time to take or retake the examination.

The proposed revision to s. N 3.04 (1m) requires that an applicant for a license by endorsement who has not actively practiced as a nurse within five years must complete a board-approved nursing refresher course. A limited license will be issued to any such endorsement applicant for the purpose of completing the course. Upon successful completion of the refresher course, the applicant may petition the board for full licensure. This provision is similar to the existing requirement for renewal of a Wisconsin nursing license if the credential holder has not actively practiced as a nurse within five years after its renewal date under s. N 5.08 (2) (b).

Summary of factual data and analytical methodologies: The comparison information with the rules in adjacent states was obtained directly from contact with those states and a review of those state rules. The rule revisions were based upon a collection of information from various sources, including informational literature, studies, recommendations and departmental and board member reports. The comparison to the adjacent states demonstrates that the revisions are substantially consistent with the rules in those states.

Anticipated costs incurred by private sector: The Department of Regulation and Licensing has determined that this rule change will have no significant fiscal effect on the private sector.

These rule changes will have no impact on funds of the Department of Regulation and Licensing.

These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@drl.state.wi.us.or by calling (608) 266-8608.

Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email: pamela.haack@drl.state.wi.us.

Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to pamela.haack@drl.state.wi.us. Comments must be received on or before February 6, 2006, to be included in the record of rule-making proceedings.