2013 WISCONSIN ACT
114
An Act
to repeal
449.05 (intro.), 451.06 (2), 452.09 (3) (e), 454.07 (3), 454.24 (3) and 456.04 (intro.);
to renumber
442.04 (4) (a), 449.05 (1m), 449.05 (2m), 451.06 (1), 456.04 (1), 456.04 (2), 456.04 (3) and 456.04 (4);
to renumber and amend
441.04, 441.06 (1), 441.07 (1), 441.10 (1), 441.10 (3) (a), 442.04 (4) (bm), 442.04 (4) (c), 442.04 (5), 449.04 (1), 450.03 (2), 450.04 (3) (intro.), 450.04 (3) (a), 450.04 (3) (b) and 456.03;
to amend
39.393 (1) (c), 253.10 (7), 441.15 (3) (a) (intro.), 441.16 (2), 445.045 (1) (g), 449.04 (title), 449.055 (5) and 459.26 (3);
to repeal and recreate
441.07 (title); and
to create
440.071, 441.07 (1c), 441.10 (3) (a) 6. and 456.03 (5) of the statutes;
relating to:
examination requirements for various professional credentials and powers of the Board of Nursing.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
39.393 (1) (c) of the statutes is amended to read:
39.393
(1)
(c) A program in this state that confers a 2nd degree that will make the person eligible
to sit
for
examination
licensure
under s.
441.04
441.06
or 441.10.
Section
2
.
253.10 (7) of the statutes is amended to read:
253.10
(7)
Affirmative defense.
No person is liable under sub. (5) or (6) or under s. 441.07
(1)
(1g)
(f), 448.02 (3) (a), or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d., e., f., fm., or g. to describe the contents of the printed materials if the person has made a reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 and the department and the county department under s. 46.215, 46.22, or 46.23 have not made the printed materials available at the time that the person is required to give them to the woman.
Section
3
.
440.071 of the statutes is created to read:
440.071
No degree completion requirement to sit for examination.
(1)
Except as provided under sub. (2), the department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the department or credentialing board or other board in the department grants or issues.
(2)
This section does not apply to an examination for a real estate appraiser certification under s. 458.06 or license under s. 458.08.
Section
4
.
441.04 of the statutes is renumbered 441.06 (1) (a) and amended to read:
441.06
(1)
(a)
Requisites for examination as a registered nurse.
Any person who has graduated
The applicant graduates
from a high school or its equivalent as determined by the board
, does
.
(b) The applicant does
not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335
, holds
.
(c) The applicant holds
a diploma of graduation from an accredited school of nursing and, if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation
may apply to the department for licensure by the board as a registered nurse, and upon payment of
.
(d) The applicant pays
the fee specified
under
in
s. 440.05 (1)
shall be entitled to examination
.
Section
5
.
441.06 (1) of the statutes is renumbered 441.06 (1) (intro.) and amended to read:
441.06
(1)
(intro.)
An
Subject to s. 441.07 (1g), the board shall grant a license as a registered nurse to an
applicant for licensure
as a registered nurse
who complies with
all of
the
following
requirements
of this subchapter and satisfactorily passes an
:
(e) The applicant passes the
examination
shall
under s. 441.05 to
receive a license
as a registered nurse in this state. The applicant may not take the examination before receiving a diploma under par. (c) unless the applicant obtains a certificate of approval to take the examination from the school of nursing the applicant attends and submits that certificate to the board prior to examination
.
(1m)
The holder of
such
a license
as a registered nurse under the laws
of another state or territory or province of Canada may be granted a license
as a registered nurse in this state
without examination if the holder's credentials of general and professional educational qualifications and other qualifications are comparable to those required in this state during the same period and if the board is satisfied from the holder's employment and professional record that the holder is currently competent to practice the profession. The board shall evaluate the credentials and determine the equivalency and competency in each case. The application for licensure without examination shall be accompanied by the fee prescribed in s. 440.05 (2).
Section
6
.
441.07 (title) of the statutes is repealed and recreated to read:
441.07
(title)
Disciplinary proceedings and actions.
Section
7
.
441.07 (1) of the statutes is renumbered 441.07 (1g), and 441.07 (1g) (intro.), as renumbered, is amended to read:
441.07
(1g)
(intro.)
The board may, after disciplinary proceedings conducted in accordance with
Subject to the
rules promulgated under s. 440.03 (1),
the board may deny an initial license or
revoke, limit, suspend
,
or deny
the
renewal of a license of a registered nurse,
a
nurse-midwife
,
or
a
licensed practical nurse
, may
; deny an initial certificate or
revoke, limit, suspend
,
or deny
the
renewal of a certificate to prescribe drugs or devices granted under s. 441.16
,
;
or
may
reprimand a registered nurse, nurse-midwife
,
or licensed practical nurse, if the board finds that the
person
applicant or licensee
committed any of the following:
Section
8
.
441.07 (1c) of the statutes is created to read:
441.07
(1c)
Subject to the rules promulgated under s. 440.03 (1), the board may conduct investigations and hearings to determine whether a person has violated this chapter or a rule promulgated under this chapter.
Section
9
.
441.10 (1) of the statutes is renumbered 441.10 (3) (a) 1. and amended to read:
441.10
(3)
(a) 1.
`Prerequisites for examination as licensed practical nurses.' A person who
The applicant
is 18 years of age or older
, does
.
2. The applicant does
not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335
, has
.
3. The applicant has
completed 2 years of high school or its equivalent as determined by the board
and holds
.
4. The applicant holds
a diploma of graduation from an accredited school for licensed practical nurses approved by
that
the
board
, may apply to the board for licensing as a licensed practical nurse, and, upon payment of the examination
.
5. The applicant pays the
fee specified in s. 440.05 (1)
, shall be entitled to take an examination
.
(ag)
Any school for licensed practical nurses, in order to be accredited, must offer a course of not less than 9 months.
Section
10
.
441.10 (3) (a) of the statutes is renumbered 441.10 (3) (a) (intro.) and amended to read:
441.10
(3)
(a) (intro.)
On complying with this subchapter relating to applicants
Subject to s. 441.07 (1g), the board shall grant a license as a licensed practical nurse to an applicant
for licensure
as licensed practical nurses, and passing an examination, the applicant shall receive a license as a licensed practical nurse.
who satisfies all of the following conditions:
(ar)
The holder of
the
a
license
under this subsection
is a "licensed practical nurse" and may append the letters "L.P.N." to his or her name. The board may reprimand or may limit, suspend
,
or revoke the license of a licensed practical nurse under s. 441.07.
Section
11
.
441.10 (3) (a) 6. of the statutes is created to read:
441.10
(3)
(a) 6. The applicant passes the examination under sub. (2) for licensure as a licensed practical nurse in this state. The applicant may not take the examination before receiving a diploma under subd. 4. unless the applicant obtains a certificate of approval to take the examination from the school of nursing the applicant attends and submits that certificate to the board prior to examination.
Section
12
.
441.15 (3) (a) (intro.) of the statutes is amended to read:
441.15
(3)
(a) (intro.)
The
Subject to s. 441.07 (1g), the
board shall grant a license to engage in the practice of nurse-midwifery to any person licensed as a registered nurse under this subchapter or in a party state, as defined in s. 441.50 (2) (j), who does all of the following:
Section
13
.
441.16 (2) of the statutes is amended to read:
441.16
(2)
The
Subject to s. 441.07 (1g), the
board shall grant a certificate to issue prescription orders to an advanced practice nurse who meets the education, training
,
and examination requirements established by the board for a certificate to issue prescription orders, and who pays the fee specified under s. 440.05 (1). An advanced practice nurse certified under this section may provide expedited partner therapy in the manner described in s. 448.035.
Section
14
.
442.04 (4) (a) of the statutes, as affected by
2013 Wisconsin Act 21
, is renumbered 442.04 (5) (a).
Section
15
.
442.04 (4) (bm) of the statutes is renumbered 442.04 (5) (b) 3. and amended to read:
442.04
(5)
(b) 3.
A person may not take the examination leading to the certificate to practice as a certified public accountant unless the
The
person has completed at least 150 semester hours of education with an accounting concentration at an institution, and has received a bachelor's or higher degree with an accounting concentration from an institution, except as provided in par. (c).
Section
16
.
442.04 (4) (c) of the statutes is renumbered 442.04 (5) (c) and amended to read:
442.04
(5)
(c) If an applicant has a bachelor's or higher degree from an institution
, and satisfies the other conditions under par. (b),
but does not have an accounting concentration required in par.
(bm)
(b) 3.
, the examining board may review such other educational experience from an institution as the applicant presents and, if the examining board determines that such other experience provides the reasonable equivalence of an accounting concentration required in par.
(bm)
(b) 3.
, the examining board shall
approve
grant a certificate as a certified public accountant to
the applicant
for examination
.
Section
17
.
442.04 (5) of the statutes is renumbered 442.04 (5) (b) (intro.) and amended to read:
442.04
(5)
(b) (intro.) The examining board may not grant a certificate as a certified public accountant to any person other than a person who
is
satisfies all of the following conditions:
1. The person is
18 years of age or older
, does
.
2. The person does
not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335
, and, except
.
4. Except
as provided in s. 442.05,
the person
has successfully passed an examination in such subjects affecting accountancy as the examining board considers necessary.
The examining board may not grant the certificate unless the applicant has
5. The person has
at least one year of public accounting experience or its equivalent, the sufficiency of the experience or the equivalency to be judged by the examining board.
(d)
The examining board shall ensure that evaluation procedures and examinations
under this subsection
are nondiscriminatory, relate directly to accountancy, and are designed to measure only the ability to perform competently as an accountant. The examining board may use the examination service provided by the American Institute of Certified Public Accountants.
Section
18
.
445.045 (1) (g) of the statutes is amended to read:
445.045
(1)
(g) The person must have successfully passed a comprehensive examination conducted by the examining board as required by s. 445.04.
The examination may be taken at any time after completion of the college and mortuary school instruction and regardless of the age of the applicant.
Section
19
.
449.04 (title) of the statutes is amended to read:
449.04
(title)
Examination
and licensure
.
Section
20
.
449.04 (1) of the statutes is renumbered 449.04 (1) (intro.) and amended to read:
449.04
(1)
(intro.)
Licenses
The examining board may grant a license
to engage in the practice of optometry
shall be issued
only to
persons
a person
who
pass
satisfies all of the following conditions:
(c) The person passes
an examination approved or conducted by the examining board.
An applicant who qualifies under s. 449.05 may take any examination approved or administered by the examining board upon payment of
(d) The person pays
the fee specified in s. 440.05 (1).
Section
21
.
449.05 (intro.) of the statutes is repealed.
Section
22
.
449.05 (1m) of the statutes is renumbered 449.04 (1) (a).
Section
23
.
449.05 (2m) of the statutes is renumbered 449.04 (1) (b).
Section
24
.
449.055 (5) of the statutes is amended to read:
449.055
(5)
The person satisfies the requirements under s.
449.05
449.04 (1) (a) and (b)
.
Section
25
.
450.03 (2) of the statutes is renumbered 450.03 (2) (intro.) and amended to read:
450.03
(2)
(intro.)
The
Except as provided in s. 450.10, the
board shall issue a license as a pharmacist to any person who
files satisfactory proof of qualifications under s. 450.04 (3), passes
does all of the following:
(c) Passes
the examination under s. 450.04
and pays
.
(d) Pays
the fee specified in s. 440.05 (1)
, except as provided under s. 450.10
.
Section
26
.
450.04 (3) (intro.) of the statutes is renumbered 450.04 (3) and amended to read:
450.04
(3)
Every candidate for examination for licensure as a pharmacist shall submit an application on a form provided by the department and pay the fee specified in s. 440.05 (1) at least 30 days before the date of examination.
Every candidate shall also submit proof to the board that he or she:
Section
27
.
450.04 (3) (a) of the statutes is renumbered 450.03 (2) (a) and amended to read:
450.03
(2)
(a) Has received a professional degree from a pharmacy program approved by the board
; and
.
Section
28
.
450.04 (3) (b) of the statutes is renumbered 450.03 (2) (b) and amended to read:
450.03
(2)
(b) Has completed an internship in the practice of pharmacy or has practical experience acquired in another state
which
that
is comparable to that included in an internship and
which
that
is approved and verified by the board or by the agency
which
that
is the equivalent of the board in the state in which the practical experience was acquired.
Section
29
.
451.06 (1) of the statutes is renumbered 451.06.
Section
30
.
451.06 (2) of the statutes is repealed.
Section
31
.
452.09 (3) (e) of the statutes is repealed.
Section
32
.
454.07 (3) of the statutes is repealed.
Section
33
.
454.24 (3) of the statutes is repealed.
Section
34
.
456.03 of the statutes is renumbered 456.03 (intro.) and amended to read:
456.03
Licenses.
(intro.) An applicant for a license as a nursing home administrator who
does all of the following and
has successfully complied with
the
any other
requirements for licensure under this chapter
and passed the examination
shall be granted a license by the examining board, certifying that the applicant has met the requirements of the laws and rules entitling the applicant to serve, act, practice
,
and otherwise hold himself or herself out as a duly licensed nursing home administrator
.
:
Section
35
.
456.03 (5) of the statutes is created to read:
456.03
(5)
Passes the examination under s. 456.05.
Section
36
.
456.04 (intro.) of the statutes is repealed.
Section
37
.
456.04 (1) of the statutes is renumbered 456.03 (1).
Section
38
.
456.04 (2) of the statutes is renumbered 456.03 (2).
Section
39
.
456.04 (3) of the statutes is renumbered 456.03 (3).
Section
40
.
456.04 (4) of the statutes is renumbered 456.03 (4).
Section
41
.
459.26 (3) of the statutes is amended to read:
459.26
(3)
An individual is not eligible for examination unless he or she
has satisfied the requirements for licensure under s. 459.24 (2) (a) to (d) or (3) (a) to (d) and
, at least 30 days before the date of examination, submits an application for examination to the department on a form provided by the department and pays the fee specified in s. 440.05 (1).
