Wisconsin Code § 441.09

Advanced practice registered nurses; civil liability exemption
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(1) LICENSE. (a) An applicant who satisfies all of the following requirements may apply to the board for
initial licensure by the board as an advanced practice registered
nurse:
1. The applicant satisfies one of the following criteria:
a. The applicant holds a valid license to practice as a registered nurse issued under s. 441.06 (1), (1c), or (1m).
b. The applicant applies concurrently for a license under s.
441.06 (1), (1c), or (1m) with the application for a license under
this paragraph.
c. The applicant is a registered nurse who holds a multistate
license, as defined in s. 441.51 (2) (h) , issued by a jurisdiction,
other than this state, that has adopted the nurse licensure
compact.
2. The applicant provides evidence satisfactory to the board
that he or she satisfies one of the following criteria:
a. The applicant has completed a graduate-level or postgraduate-level education program that is approved by the board and
that prepares the applicant for the practice of advanced practice
registered nursing in one of the 4 recognized roles, and the applicant holds a current certification by a national certifying body approved by the board.
b. On January 1, 2026, the applicant was licensed as a registered nurse in this state and was practicing in a recognized role,
and the applicant satisfies additional criteria established by the
board by rule under sub. (6) (a) 3. relating to practice, education,
or certification.
3. The applicant pays the fee specified under s. 440.05 (1).
4. The applicant provides to the board evidence of any malpractice liability insurance coverage required under sub. (5).
5. If the applicant is applying to receive a certified nursemidwife specialty designation under par. (b) 1. , the applicant
does all of the following:
a. Provides evidence satisfactory to the board that the applicant is currently certified by the American Midwifery Certification Board or its successor.
b. Files with the board any plan required under sub. (3m) (f).
6. The applicant does not have an arrest or conviction record,
subject to ss. 111.321, 111.322, and 111.335.
7. The applicant meets any other criteria established by the
board by rule under sub. (6) (a) 3. relating to the education, training, or experience required for each recognized role.
(b) 1. a. Subject to subd. 3. and s. 441.07 (1g), the board shall
grant an advanced practice registered nurse license to an applicant the board determines meets the requirements under par. (a).
The board shall also grant a person who is granted a license under
this subd. 1. a. one or more specialty designations corresponding
to the recognized roles for which the board determines that the
person qualifies based on the person’s qualifications under par.
(a).
b. The board shall grant an advanced practice registered
nurse license to each individual who, on August 31, 2026, was
certified to issue prescription orders under s. 441.16, 2023 stats.
The board shall also grant a person who is granted a license under
this subd. 1. b. one or more specialty designations corresponding
to the recognized roles for which the board determines that the
person qualifies based on the person’s qualifications.
c. The board shall grant an advanced practice registered
nurse license to each individual who, on August 31, 2026, was licensed as a nurse-midwife under s. 441.15, 2023 stats. The board
shall also grant a person who is granted a license under this subd.
1. c. a nurse-midwife specialty designation.
2. Each specialty designation granted under subd. 1. shall appear on the person’s advanced practice registered nurse license.
3. The board may not grant an advanced practice registered
nurse license to a person applying concurrently for a license under s. 441.06 (1), (1c), or (1m), unless the board also grants the
person the license under s. 441.06 (1), (1c), or (1m).
4. The board may place specific limitations on a person licensed as an advanced practice registered nurse as a condition of
licensure.
5. If all of the following apply to a person, a notation indicating that the person may not issue prescription orders shall appear
on the person’s advanced practice registered nurse license:
a. The person is granted an advanced practice registered
nurse license under subd. 1. a. and satisfies only par. (a) 2. b. but
not par. (a) 2. a. , or the person is granted an advanced practice
registered nurse license under subd. 1. c.
b. On January 1, 2026, the person did not hold a certificate
under s. 441.16 (2), 2023 stats.
(c) On or before the applicable renewal date specified under s.
440.08 (2) (a), an advanced practice registered nurse shall submit
to the board on a form furnished by the board a statement giving
his or her name and residence, the nursing workforce survey and
fee required under s. 441.01 (7), evidence of having satisfied the

continuing education requirements under sub. (4), evidence of
any malpractice liability insurance coverage required under sub.
(5), any plan required under sub. (3m) (f), current evidence that
the person satisfies each of the requirements under par. (a) 1., 2.,
5. a., and 7. that apply with respect to the person, and any other
information that the board requires by rule, with the applicable
renewal fee determined by the department under s. 440.03 (9) (a).
The board shall grant to a person who satisfies the requirements
under this paragraph the renewal of his or her advanced practice
registered nurse license and specialty designations granted under
par. (b) 1. and shall, if the person holds a license under s. 441.06
(1), (1c), or (1m), also grant the renewal of that license.
(2) PRESCRIBING AUTHORITY. (a) Except as provided in par.
(b), an advanced practice registered nurse may issue prescription
orders, subject to the rules promulgated under sub. (6) (a) 1. and
4., and may provide expedited partner therapy in the manner described in s. 441.092.
(b) An advanced practice registered nurse may not issue prescription orders if a notation under sub. (1) (b) 5. indicating that
the advanced practice registered nurse may not issue prescription
orders appears on the advanced practice registered nurse’s
license.
(3) LICENSE REQUIRED; USE OF TITLES. (a) 1. The holder of
a license issued under this section is an “advanced practice registered nurse,” may append to his or her name the title “A.P.R.N.,”
and is authorized to practice advanced practice registered
nursing.
2. The holder of a specialty designation for a recognized role
granted under sub. (1) (b) 1. may append to his or her name the title and an abbreviation corresponding to that recognized role.
(b) 1. Except as provided in sub. (3m) (e) and s. 257.03, no
person may practice or attempt to practice advanced practice registered nursing, nor use the title “advanced practice registered
nurse,” the title “A.P.R.N.,” or anything else to indicate that he or
she is an advanced practice registered nurse unless he or she is licensed under this section.
2. Except as provided in s. 257.03, no person may do any of
the following:
a. Use the title “certified nurse-midwife,” the title “C.N.M.,”
or anything else to indicate that he or she is a certified nurse-midwife unless he or she has been granted a certified nurse-midwife
specialty designation under sub. (1) (b) 1.
b. Use the title “certified registered nurse anesthetist,” the title “C.R.N.A.,” or anything else to indicate that he or she is a certified registered nurse anesthetist unless he or she has been
granted a certified registered nurse anesthetist specialty designation under sub. (1) (b) 1.
c. Use the title “clinical nurse specialist,” the title “C.N.S.,”
or anything else to indicate that he or she is a clinical nurse specialist unless he or she has been granted a clinical nurse specialist
specialty designation under sub. (1) (b) 1.
d. Use the title “nurse practitioner,” the title “N.P.,” or anything else to indicate that he or she is a nurse practitioner unless
he or she has been granted a nurse practitioner specialty designation under sub. (1) (b) 1.
(3m) PRACTICE REQUIREMENTS AND LIMITATIONS. (a) 1.
An advanced practice registered nurse licensed under this section
may, except as provided in subd. 2. and par. (b), practice advanced practice registered nursing only in collaboration with a
physician or dentist.
2. Subdivision 1. does not apply to an advanced practice registered nurse with a certified nurse-midwife specialty
designation.
(b) An advanced practice registered nurse to whom par. (a) 1.
applies may, except as provided in pars. (bg) 1. and (c), practice
advanced practice registered nursing in a recognized role without
being supervised by or collaborating with, and independent of, a
physician or dentist if the board verifies, upon application of the
advanced practice registered nurse, that the advanced practice
registered nurse satisfies all of the following:
1. The advanced practice registered nurse has completed
3,840 hours of professional nursing in a clinical setting. Clinical
hours completed as a requirement of a nursing program offered
by a qualifying school of nursing under s. 441.06 (1) (c) may be
used to satisfy the requirement under this subdivision. Hours
completed to satisfy a requirement of an education program described in sub. (1) (a) 2. a. may not be used to satisfy the requirement under this subdivision.
2. At least 24 months have elapsed since the advanced practice registered nurse first began completing the clinical hours required by a nursing program described under subd. 1.
3. The advanced practice registered nurse has completed
3,840 clinical hours of advanced practice registered nursing practice in that recognized role while working with a physician or
dentist who was immediately available for consultation and accepted responsibility for the actions of the advanced practice registered nurse during those 3,840 hours of practice. The advanced
practice registered nurse may substitute additional hours of advanced practice registered nursing working with a physician or
dentist described under this subdivision to count toward the requirement under subd. 1. Each such additional hour shall count
toward one hour of the requirement under subd. 1.
4. At least 24 months have elapsed since the advanced practice registered nurse first began practicing advanced practice registered nursing in that recognized role as described under subd. 3.
(bd) For purposes of par. (b) 3., hours of advanced practice
registered nursing practice may include the lawful practice of advanced practice registered nursing outside this state or the lawful
practice of advanced practice registered nursing in this state prior
to September 1, 2026.
(bg) 1. An advanced practice registered nurse may provide
treatment of pain syndromes, as defined in s. 50.60 (5), through
the use of invasive techniques only while working in a collaborative relationship with a physician who, through education, training, and experience, specializes in pain management. Except as
provided in subd. 2., this subdivision applies regardless of
whether the advanced practice registered nurse has qualified for
independent practice under par. (b).
2. Except as provided in par. (c), subd. 1. does not apply to an
advanced practice registered nurse who is providing treatment of
pain syndromes, as defined in s. 50.60 (5), through the use of invasive techniques in a hospital, as defined in s. 50.33 (2), or in a
clinic associated with a hospital, and who has qualified for independent practice under par. (b).
3. Except as provided in par. (c), subd. 1. does not apply to an
advanced practice registered nurse who has qualified for independent practice under par. (b) and has privileges in a hospital, as defined in s. 50.33 (2), to provide treatment of pain syndromes, as
defined in s. 50.60 (5) , through the use of invasive techniques
without a collaborative relationship with a physician.
(bm) For purposes of pars. (a) 1. and (bg) 1., a collaborative
relationship is a process in which an advanced practice registered
nurse is working with a physician or dentist, in each other’s presence when necessary, to deliver health care services within the
scope of the advanced practice registered nurse’s training, education, and experience. The advanced practice registered nurse
shall document such a collaborative relationship.
(c) Nothing in this section prohibits an entity employing or
with a relationship with an advanced practice registered nurse
from establishing additional requirements for an advanced practice registered nurse as a condition of employment or
relationship.

(d) An advanced practice registered nurse shall adhere to professional standards when managing situations that are beyond the
advanced practice registered nurse’s expertise. If a particular patient’s needs are beyond the advanced practice registered nurse’s
expertise, the advanced practice registered nurse shall, as warranted by the patient’s needs, consult or collaborate with or refer
the patient to at least one of the following:
1. A physician licensed under ch. 448.
2. Another health care provider for whom the advanced practice registered nurse has reasonable evidence of having a scope of
practice that includes the authorization to address the patient’s
needs.
(e) An advanced practice registered nurse licensed under this
section may delegate a task or order to another clinically trained
health care worker if the task or order is within the scope of the
advanced practice registered nurse’s practice, the advanced practice registered nurse is competent to perform the task or issue the
order, and the advanced practice registered nurse has reasonable
evidence that the health care worker is minimally competent to
perform the task or issue the order under the circumstances.
(f) An advanced practice registered nurse with a certified
nurse-midwife specialty designation may not offer to deliver babies outside of a hospital setting unless the advanced practice registered nurse files with the board, and the board approves, a
proactive plan for ensuring appropriate care or care transitions
conforming with professional standards for patients with higher
acuity or emergency care needs that exceed the advanced practice
registered nurse’s scope of practice. An advanced practice registered nurse who offers to deliver babies outside of a hospital setting shall file a plan under this paragraph when applying for an
initial license under this section or a renewal of a license under
this section, shall keep the plan current with the board, and shall
follow the plan.
(4) CONTINUING EDUCATION. Every advanced practice registered nurse shall submit to the board evidence of having completed at least 16 contact hours per biennium in clinical pharmacology or therapeutics relevant to the advanced practice registered nurse’s area of practice. The board may promulgate rules
regarding the continuing education requirements under this
subsection.
(5) MALPRACTICE LIABILITY INSURANCE. No person may
practice advanced practice registered nursing unless he or she at
all times has in effect malpractice liability insurance coverage evidenced by personal liability coverage in the amounts specified
for health care providers under s. 655.23 (4) or coverage under a
group liability policy providing individual coverage for the person in the amounts specified under s. 655.23 (4). An advanced
practice registered nurse shall submit evidence of that coverage to
the board when applying for an initial license under this section
or a renewal of a license under this section. An advanced practice
registered nurse shall also submit such evidence to the board
upon request of the board.
(5m) LICENSURE EXEMPTION. The provisions of s. 448.03 (1)
(d) do not apply to an advanced practice registered nurse licensed
under this section who possesses a certified registered nurse
anesthetist specialty designation under sub. (1) (b) 1. or to a person who engages in the practice of a nurse anesthetist while performing official duties for the armed services or federal health
services of the United States.
(6) RULES. (a) The board shall promulgate rules necessary to
administer this section, including rules for all of the following:
1. Further defining the scope of practice of an advanced
practice registered nurse, practice of a certified nurse-midwife,
practice of a certified registered nurse anesthetist, practice of a
nurse practitioner, and practice of a clinical nurse specialist and
defining the scope of practice within which an advanced practice
registered nurse may issue prescription orders under sub. (2).
2. Determining acceptable national certification for purposes
of sub. (1) (a) 2. a.
3. Establishing the appropriate education, training, or experience requirements that a registered nurse must satisfy in order to
be an advanced practice registered nurse and to obtain each specialty designation corresponding to the recognized roles.
4. Specifying the classes of drugs, individual drugs, or devices that may not be prescribed by an advanced practice registered nurse under sub. (2).
5. Specifying the conditions to be met for registered nurses
to do the following:
a. Administer a drug prescribed by an advanced practice registered nurse.
b. Administer a drug at the direction of an advanced practice
registered nurse.
6. Establishing standards of professional conduct for advanced practice registered nurses generally and for practicing in
each recognized role.
(am) The board may promulgate rules to implement sub. (3m)
(b).
(b) The board may not promulgate rules that expand the scope
of practice of an advanced practice registered nurse beyond the
practices within advanced practice registered nursing.
(7) CIVIL LIABILITY. No person licensed as an advanced practice registered nurse under this section is liable for civil damages
for any of the following:
(a) Reporting in good faith to the department of transportation
under s. 146.82 (3) a patient’s name and other information relevant to a physical or mental condition of the patient that in the advanced practice registered nurse’s judgment impairs the patient’s
ability to exercise reasonable and ordinary control over a motor
vehicle.
(b) In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient’s name and other information relevant to a physical or mental condition of the patient that
in the advanced practice registered nurse’s judgment does not impair the patient’s ability to exercise reasonable and ordinary control over a motor vehicle.
17.

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