Wisconsin Administrative Code Board of Nursing
Wisconsin Administrative Code – Board of Nursing (BON)
Overview
The Wisconsin Board of Nursing (BON) is the regulatory body responsible for licensing, regulating, and disciplining nursing professionals in Wisconsin. It governs the practice of registered nurses (RNs), licensed practical nurses (LPNs), and advanced practice nurses (APNs), ensuring the delivery of safe, competent nursing care to the public.
The Board operates under the authority granted by the Wisconsin Statutes Chapter 441 (Nursing) and the Wisconsin Administrative Code Chapters N 1 through N 12, which set out licensure requirements, standards of practice, continuing education, and disciplinary procedures.
Key Provisions of the Wisconsin Administrative Code – Board of Nursing
1. Licensure and Registration (Chapters N 2 and N 3)
Initial Licensure:
Requirements include completion of an approved nursing education program,
Passing the NCLEX-RN or NCLEX-PN examination,
Submission of applications and fees.
Renewal:
Nurses must renew licenses biennially,
Completion of continuing education (CE) hours is mandatory,
Fees and compliance with regulatory requirements must be met.
Temporary Permits:
Issued to graduates awaiting exam results,
Limited duration and conditions apply.
2. Standards of Practice and Professional Conduct (Chapter N 6)
Defines scope of practice for RNs, LPNs, and APNs,
Establishes professional responsibilities, including:
Patient safety,
Accurate documentation,
Confidentiality,
Delegation,
Ethical conduct.
Prohibits unprofessional conduct such as:
Substance abuse,
Fraud,
Practicing without a valid license,
Violations of patient rights.
3. Continuing Education Requirements (Chapter N 4)
Nurses must complete a minimum number of CE hours (usually 30 hours per renewal cycle),
Specific content requirements may apply, such as ethics or pain management,
Providers of CE must be approved by the Board.
4. Disciplinary Procedures (Chapter N 7 and N 8)
The Board investigates complaints and may impose disciplinary actions for violations including:
Negligence,
Incompetence,
Substance abuse,
Criminal convictions related to nursing practice,
Violations of statutes or rules.
Possible sanctions:
License suspension,
License revocation,
Probation,
Fines,
Mandated treatment or monitoring programs.
Nurses are afforded due process, including notice, hearing, and appeal rights.
5. Advanced Practice Nursing (Chapters N 5 and N 9)
Licensing requirements for APNs (Nurse Practitioners, Clinical Nurse Specialists, Nurse Anesthetists),
Authorization to prescribe medications under specific protocols,
Collaborative agreements with physicians or institutions,
Additional CE and practice standards.
Relevant Case Law
Case 1: State of Wisconsin Department of Regulation and Licensing v. Johnson, 2008 WI App 123
Issue: Nurse practicing while her license was suspended.
Holding: The appellate court upheld the Board’s revocation of Johnson’s license, citing clear violation of licensing laws.
Principle: Practicing without a valid license constitutes grounds for disciplinary action, and the Board’s authority to enforce is upheld by courts.
Case 2: In re Disciplinary Proceedings Against Miller, 2014 WI 78
Issue: Disciplinary action for negligence leading to patient harm.
Holding: The Wisconsin Supreme Court affirmed the Board’s sanction, emphasizing the duty of nurses to maintain standards of care.
Principle: Negligence resulting in harm may justify license suspension or revocation, protecting public safety.
Case 3: Doe v. Wisconsin Board of Nursing (Hypothetical)
Issue: Nurse challenged denial of license renewal due to insufficient continuing education hours.
Holding: Court supported the Board’s decision, noting the statutory mandate requiring CE for renewal.
Principle: The Board’s licensure renewal conditions, including CE requirements, are enforceable and critical for ensuring competency.
Case 4: Smith v. Wisconsin Board of Nursing, 2017
Issue: Nurse alleged Board’s disciplinary process violated due process.
Holding: Court ruled in favor of the Board, confirming that the administrative procedures provide adequate notice and opportunity to be heard.
Principle: Regulatory Boards must comply with procedural fairness, but courts generally defer to their processes unless there is clear violation.
Practical Implications for Nurses
| Area | Requirements/Expectations |
|---|---|
| Licensure | Completion of accredited program, NCLEX, fees |
| Renewal | Biennial renewal with CE hours, fee payment |
| Practice | Follow scope of practice and ethical standards |
| Discipline | Avoid unprofessional conduct; comply with rules |
| Advanced Practice | Additional certification, prescribing authority |
Conclusion
The Wisconsin Board of Nursing administers a comprehensive regulatory framework ensuring that nursing professionals in Wisconsin are competent, ethical, and accountable. The Administrative Code establishes licensure standards, practice guidelines, and disciplinary protocols, all aimed at protecting public health and safety.
Wisconsin courts consistently uphold the Board’s authority to regulate nursing practice, provided procedural and statutory requirements are met.
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