Senate Bill 394
Advanced practice registered nurses, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)
Vetoed by the governor
Both chambers passed it, and the governor vetoed it on Apr 15, 2022. Lawmakers did not , so it stands.
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Introduced, passed
Jun 10, 2021
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Committee, passed
Approved
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Senate vote, passed
Passed Jan 25, 2022
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Assembly vote, passed
Passed Feb 17, 2022
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Governor, stopped here
Vetoed Apr 15, 2022.
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Law, not reached
Latest entry in the official record, May 17, 2022: “Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82”
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Terms on this page
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Nursing practice and licensure This bill makes various changes to practice, licensure, and certification requirements for nurses, which are administered by the Board of Nursing.
Licensure of advanced practice registered nurses Under current law, a person who wishes to practice professional nursing must be licensed by the Board of Nursing as a registered nurse (RN). This bill creates an additional system of licensure for advanced practice registered nurses (APRNs), to be administered by the board. Under the bill, in order to apply for an APRN license, a person must 1) hold, or concurrently apply for, an RN license; 2) have completed an accredited graduate-level or postgraduate-level education program preparing the person to practice as an APRN in one of four recognized roles and hold a current national certification approved by the board; 3) possess malpractice liability insurance in an amount determined as provided in the bill; 4) pay a fee determined by the Department of Safety and Professional Services; and 5) satisfy certain other criteria specified in the bill. The bill also allows a person who has not completed an accredited education program described above to receive an APRN license if the person 1) on January 1, 2019, was both licensed as an RN in Wisconsin and practicing in one of the four recognized roles; and 2) satisfies additional practice or education criteria established by the board. The bill also, however, automatically grants licenses to certain RNs, as further described below. The four recognized roles, as defined in the bill, are 1) certified nurse-midwife; 2) certified registered nurse anesthetist; 3) clinical nurse specialist; and 4) nurse practitioner. The bill requires the board, upon granting a person an APRN license, to also grant the person one or more specialty designations corresponding to the recognized role or roles for which the person qualifies.
Read the full summary Show less
The holder of an APRN license may append the title “A.P.R.N." to his or her name, as well as a title corresponding to whichever specialty designations that the person possesses. The bill prohibits any person from using the title “A.P.R.N.," and from otherwise indicating that he or she is an APRN, unless the person is licensed by the board as an APRN. The bill also prohibits the use of titles and abbreviations corresponding to a recognized role unless the person has a specialty designation for that role. However, the bill allows an APRN to delegate a task or order to another clinically trained health care worker if the task or order is within the scope of the APRN's practice, the APRN is competent to perform the task or issue the order, and the APRN has reasonable evidence that the health care worker is minimally competent to perform the task or issue the order under the circumstances. The bill requires an APRN to adhere to professional standards when managing situations that are beyond the APRN's expertise.
Under the bill, when an APRN renews his or her APRN license, the board must grant the person the renewal of both the person's RN license and the person's APRN license. The bill requires all APRNs to complete continuing education requirements each biennium in clinical pharmacology or therapeutics relevant to the APRN's area of practice and to satisfy certain other requirements when renewing a license.
Practice of nurse-midwifery This bill repeals licensure and practice requirements specific to nurse-midwives and the practice of nurse-midwifery, including specific requirements to practice with an obstetrician. Under the bill, “certified nurse-midwife" is one of the four recognized roles for APRNs, and a person who is licensed as a nurse-midwife under current law is automatically granted an APRN license with a certified nurse-midwife specialty designation. The bill otherwise allows nurse-midwives to be licensed as APRNs if they satisfy the licensure requirements, except that the bill also requires that a person applying for a certified nurse-midwife specialty designation be certified by the American Midwifery Certification Board. The bill also requires APRNs with a specialty designation as a certified nurse-midwife to file and keep current with DSPS a plan for involving a hospital or physician in treating certain patients if the APRN practices outside of a hospital.
Prescribing authority Under current law, a person licensed as an RN may apply to the board for a certificate to issue prescription orders if the person meets certain requirements established by the board. An RN holding a certificate is subject to various practice requirements and limitations established by the board and must possess malpractice liability insurance in an amount determined by the board.
The bill eliminates certificates to issue prescription orders and generally authorizes APRNs to issue prescription orders. A person who is certified to issue prescription orders under current law is automatically granted an APRN license with his or her appropriate specialty designation. RNs who were practicing in a recognized role on January 1, 2019, but who did not hold a certificate to issue prescription orders on that date and who are granted an APRN license under the bill may not issue prescription orders. As under current law, an APRN issuing prescription orders is subject to various practice requirements and limitations established by the board.
The bill repeals a provision concerning the ability of advanced practice nurses who are certified to issue prescription orders and who are required to work in collaboration with or under the supervision of a physician to obtain and practice under a federal waiver to dispense narcotic drugs to individuals for addiction treatment.
Other changes The bill makes numerous other changes throughout the statutes relating to APRNs, including various terminology changes and technical changes relating to the Nurse Licensure Compact.
Who's behind it
5 senators are its . All 5 are Republicans.
27 more lawmakers .
See all 32 names Hide the names
Authors (5)
- Mary Felzkowski · Republican, Senate
- André Jacque · Republican, Senate
- Howard Marklein · Republican, Senate
- Duey Stroebel · Republican, Senate
- Patrick Testin · Republican, Senate
Signed on in support (27)
- Rob Brooks · Republican, Assembly
- Rachael Cabral-Guevara · Republican, Senate
- Marisabel Cabrera · Democrat, Assembly
- Calvin Callahan · Republican, Assembly
- Barbara Dittrich · Republican, Assembly
- Rick Gundrum · Republican, Assembly
- Jessie Rodriguez · Republican, Assembly
- Jesse James · Republican, Senate
- Joel Kitchens · Republican, Assembly
- Dan Knodl · Republican, Assembly
- Scott Krug · Republican, Assembly
- Mike Kuglitsch · Republican, Assembly
- Tony Kurtz · Republican, Assembly
- John Macco · Republican, Assembly
- Gae Magnafici · Republican, Assembly
- Dave Murphy · Republican, Assembly
- Kevin Petersen · Republican, Assembly
- Daniel Riemer · Democrat, Assembly
- Kelda Roys · Democrat, Senate
- Donna Rozar · Republican, Assembly
- S. Rodriguez and Sortwell
- Ken Skowronski · Republican, Assembly
- Pat Snyder · Republican, Assembly
- Gary Tauchen · Republican, Assembly
- Paul Tittl · Republican, Assembly
- Ron Tusler · Republican, Assembly
- Chuck Wichgers · Republican, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
Versions and amendments
Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.
How lawmakers voted
There were 3 votes on this bill.
Senate Committee on Health vote on an amendment
Passed, 3 to 2 · Dec 7, 2021
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health, Ayes 3, Noes 2”. Official record · This vote on its own page
Senate Committee on Health vote to recommend it
Passed, 3 to 2 · Dec 7, 2021
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage as amended recommended by Committee on Health, Ayes 3, Noes 2”. Official record · This vote on its own page
Senate vote to pass it
Passed, 19 to 14 · Jan 25, 2022
See how each of the 33 senators voted Hide the names
D: Democrat, R: Republican
Yes (19)
- André Jacque (R, 1)
- Chris Kapenga (R, 33)
- Dale Kooyenga (R, 5)
- Devin LeMahieu (R, 9)
- Duey Stroebel (R, 20)
- Eric Wimberger (R, 2)
- Howard Marklein (R, 17)
- Jerry Petrowski (R, 29)
- Joan Ballweg (R, 14)
- John Jagler (R, 13)
- Julian Bradley (R, 28)
- Kathleen Bernier (R, 23)
- Lena Taylor (D, 4)
- Mary Felzkowski (R, 12)
- Patrick Testin (R, 24)
- Rob Cowles (R, 2)
- Rob Stafsholt (R, 10)
- Steve Nass (R, 11)
- Van Wanggaard (R, 21)
No (14)
- Alberta Darling (R, 8)
- Bob Wirch (D, 22)
- Brad Pfaff (D, 32)
- Chris Larson (D, 7)
- Dan Feyen (R, 20)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jeff Smith (D, 31)
- Jon Erpenbach (D, 27)
- Kelda Roys (D, 26)
- LaTonya Johnson (D, 6)
- Melissa Agard (D, 16)
- Roger Roth (R, 19)
- Tim Carpenter (D, 3)
Official motion: “PASSAGE”. Official record · This vote on its own page
What happened
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May 17, 2022
The veto stood. Lawmakers didn't override it.
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Apr 15, 2022
The governor vetoed it.
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Apr 14, 2022
Sent to the governor.
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Mar 8, 2022
“Action ordered immediately messaged” (the official wording)
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Mar 8, 2022
1 more senator signed on in support.
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Feb 17, 2022
The Senate adopted it.
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Feb 17, 2022
The Assembly passed it too.
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Feb 17, 2022
The Assembly adopted it.
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Feb 15, 2022
Sent to the Assembly Committee on Rules.
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Jan 25, 2022
The Assembly received it.
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Jan 25, 2022
The Senate passed it, 19 to 14.
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Jan 25, 2022
The Senate adopted it.
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Dec 7, 2021
The committee voted to recommend passing it, 3 to 2.
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Dec 7, 2021
“Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health, Ayes 3, Noes 2” (the official wording)
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Aug 5, 2021
1 more representative signed on in support.
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Jul 28, 2021
The committee held a public hearing.
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Jul 19, 2021
1 more representative signed on in support.
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Jun 24, 2021
A state agency sent in its estimate of the cost.
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Jun 17, 2021
2 more representatives signed on in support.
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Jun 10, 2021
Sent to the Senate Committee on Health.
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Jun 10, 2021
Introduced in the Senate.
See the official record, word for word Hide the official record
- Jun 10, 2021 · Senate
Introduced by Senators Testin, Felzkowski, Marklein, Stroebel and Jacque; cosponsored by Representatives Cabral-Guevara, Magnafici, Brandtjen, Brooks, Callahan, Gundrum, Kitchens, Knodl, Krug, Kuglitsch, Kurtz, Macco, Murphy, Petersen, J. Rodriguez, Rozar, Snyder, Tauchen, Tittl, Tusler, Wichgers, Riemer, Skowronski and Dittrich
- Jun 10, 2021 · Senate
Read first time and referred to Committee on Health
- Jun 17, 2021 · Senate
Representatives S. Rodriguez and Sortwell added as cosponsors
- Jun 24, 2021 · Senate
Fiscal estimate received
- Jul 19, 2021 · Senate
Representative James added as a cosponsor
- Jul 28, 2021 · Senate
Public hearing held
- Aug 5, 2021 · Senate
Representative Cabrera added as a cosponsor
- Sep 1, 2021 · Senate
Representative Brandtjen withdrawn as a cosponsor
- Nov 10, 2021 · Senate
Senate Substitute Amendment 1 offered by Senator Testin
- Dec 6, 2021 · Senate
Executive action taken
- Dec 7, 2021 · Senate
Report adoption of Senate Substitute Amendment 1 recommended by Committee on Health, Ayes 3, Noes 2
- Dec 7, 2021 · Senate
Report passage as amended recommended by Committee on Health, Ayes 3, Noes 2
- Dec 7, 2021 · Senate
Available for scheduling
- Jan 21, 2022 · Senate
Placed on calendar 1-25-2022 pursuant to Senate Rule 18(1)
- Jan 25, 2022 · Senate
Read a second time
- Jan 25, 2022 · Senate
Senate Substitute Amendment 1 adopted
- Jan 25, 2022 · Senate
Ordered to a third reading
- Jan 25, 2022 · Senate
Rules suspended
- Jan 25, 2022 · Senate
Read a third time and passed, Ayes 19, Noes 14
- Jan 25, 2022 · Senate
Ordered immediately messaged
- Jan 25, 2022 · Assembly
Received from Senate
- Feb 15, 2022 · Assembly
Read first time and referred to committee on Rules
- Feb 15, 2022 · Assembly
Placed on calendar 2-17-2022 by Committee on Rules
- Feb 17, 2022 · Assembly
Rules suspended to withdraw from calendar and take up
- Feb 17, 2022 · Assembly
Read a second time
- Feb 17, 2022 · Assembly
Assembly Amendment 1 offered by Representatives Petersen, Cabral-Guevara and Sanfelippo
- Feb 17, 2022 · Assembly
Assembly Amendment 1 adopted
- Feb 17, 2022 · Assembly
Ordered to a third reading
- Feb 17, 2022 · Assembly
Rules suspended
- Feb 17, 2022 · Assembly
Read a third time and concurred in as amended
- Feb 17, 2022 · Assembly
Ordered immediately messaged
- Feb 17, 2022 · Senate
Received from Assembly amended and concurred in as amended, Assembly Amendment 1 adopted
- Mar 4, 2022 · Senate
Placed on calendar 3-8-2022 pursuant to Senate Rule 18(1)
- Mar 8, 2022 · Senate
Assembly Amendment 1 concurred in
- Mar 8, 2022 · Senate
Senator Roys added as a coauthor
- Mar 8, 2022 · Senate
Action ordered immediately messaged
- Mar 16, 2022 · Senate
LRB correction (Assembly Amendment 1)
- Mar 16, 2022 · Senate
LRB correction (Senate Substitute Amendment 1)
- Mar 16, 2022 · Senate
Report correctly enrolled
- Apr 14, 2022 · Senate
Presented to the Governor on 4-14-2022
- Apr 15, 2022 · Senate
Report vetoed by the Governor on 4-15-2022
- May 17, 2022 · Senate
Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)
- May 17, 2022 · Senate
Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82
Terms on this page
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote