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Code · Wisconsin · Chapter 441 — Board of nursing

441.07 Disciplinary proceedings and actions.

768 words·~3 min read·/wi/chapter-441/441-07-2

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441.07 Disciplinary proceedings and actions.
(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.
(1g)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, advanced practice registered nurse, or licensed practical nurse or reprimand a registered nurse, advanced practice registered nurse, or licensed practical nurse if the board finds that the applicant or licensee committed any of the following:
441.07 Text NOTE: Sub.
(1g)(intro.) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:
Effective date text
(1g)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, nurse-midwife, or licensed practical nurse; 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 reprimand a registered nurse, nurse-midwife, or licensed practical nurse, if the board finds that the applicant or licensee committed any of the following:
(a)Fraud in the procuring or renewal of the license.
441.07 Text NOTE: Par.
(a)is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:
Effective date text
(a)Fraud in the procuring or renewal of the certificate or license.
(b)One or more violations of this subchapter or any rule adopted by the board under the authority of this subchapter.
(c)Acts that show the registered nurse, advanced practice registered nurse, or licensed practical nurse to be unfit or incompetent by reason of negligence, abuse of alcohol or other drugs, or mental incompetency.
441.07 Text NOTE: Par.
(c)is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:
Effective date text
(c)Acts which show the registered nurse, nurse-midwife or licensed practical nurse to be unfit or incompetent by reason of negligence, abuse of alcohol or other drugs or mental incompetency.
(d)Misconduct or unprofessional conduct. In this paragraph, “unprofessional conduct” includes making a determination under ch. 154 or 155 if the person does not have sufficient education, training, and experience to make the determination. In this paragraph, “misconduct” and “unprofessional conduct” do not include any of the following:
1. Providing expedited partner therapy as described in s. 448.035 .
2. Prescribing or delivering an opioid antagonist in accordance with s. 441.18
(2).
(e)A violation of any state or federal law that regulates prescribing or dispensing drugs or devices, if the person may issue prescription orders under s. 441.09
(2).
441.07 Text NOTE: Par.
(e)is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:
Effective date text
(e)A violation of any state or federal law that regulates prescribing or dispensing drugs or devices, if the person has a certificate to prescribe drugs or devices under s. 441.16.
(f)A violation of the requirements of s. 253.10
(c)2. , 3. , 4. , 5. , 6. or 7.
(1m)The board may use any information obtained by the board or the department under s. 655.17
(b), as created by 1985 Wisconsin Act 29 , in investigations and disciplinary proceedings, including public disciplinary proceedings, conducted under this chapter.
(1r)If the board finds that a person licensed under this chapter has violated s. 441.065 , the board shall discipline the person as follows:
(a)For a 1st violation, issue a written warning.
(b)For a 2nd violation, suspend the license of the person.
(c)For a 3rd violation, revoke the license of the person.
Effective date note NOTE: Sub.
(1r)is created eff. 9-1-26 by 2025 Wis. Act 17 .
(2)The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under sub.
(1r)or s. 440.12 .
Effective date note NOTE:Sub.
(2)is shown as amended eff. 9-1-26 by 2025 Wis. Act 17 . Prior to 9-1-26 it reads:
Effective date text
(2)The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under s. 440.12.
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