The Wisconsin Board of Nursing is in the process of revising the sections of Wisconsin’s Administrative Code for Nursing related to Nurse Delegation which found in Chapter N6 – Standards of Practice for Registered and Licensed Practical Nurses.

The proposed changes are as follows:

N 6.02 (5) – Define “Delegated act” means acts delegated to a registered nurse or licensed practical nurse.  Added: or acts delegated by a registered nurse. (The Board wanted to clarify that RNs can delegate)

N6.02 (10m) – Revised section on definition of provider to: “Provider” means any licensed professional who is legally authorized to delegate acts within the scope of their practice. (The Board wanted to simplify by removing the list of providers that delegate.)

N6.02 – Added a definition of “Unlicensed Assistive Personnel”:  N6.02(13) “Unlicensed Assistive Personnel (UAP)” means any unlicensed person who is at least 18 years old to whom nursing tasks or activities may be delegated and has received the appropriate education and documented training required to perform the delegated acts. (The board thought it was important to include a definition for those individuals to whom a RN can delegate tasks.)

N6.03(1) (c) Intervention:  Intervention is the nursing action to implement the plan of care by directly administering care or by directing and supervising nursing acts delegated to L.P.N.’s, or less skilled assistants, or UAPs. (UAP was added instead of “or less skilled assistant” as it is now defined in N6.02 (13)).

N6.04 (1) (a) and N6.04 (2) (b) Performance of delegated act by LPNs:  Accept only patient care assignments delegated actswhich the L.P.N. is competent to perform. (The Board wanted to maintain consistency using the words delegated act vs assignment.  Assignment is viewed as employer – employee relationship which should not be in regulatory language.)

Initial process for approval of proposed changes

These proposed changes will follow Wisconsin’s Administrative Rule Making Procedure. The steps in the process over the next few months is as follows:

  1. Prepare the language and create a formal Scope Statement which describes the intent of the changes.
  2. Forward the proposed changes to the Legislative Clearinghouse to ensure the appropriateness of the language.
  3. The Governor receives the Scope Statement and decides on approval.
  4. Once the Governor approves the Board of Nursing will hold a public hearing to obtain feedback on the proposed changes. The earliest that this will occur is April 2024.

WNA will keep you posted on the date of the public hearing.