Date of enactment: March 22, 2024
2023 Senate Bill 671 Date of publication*: March 23, 2024
2023 WISCONSIN ACT 183
AN ACT to amend 257.01 (7) (a) and (b); and to create 146.40 (2d) of the statutes; relating to: student qualification
for employment as a nurse aide.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 146.40 (2d) of the statutes is created to
read:
146.40 (2d) (a) Notwithstanding sub. (2), subject to
par. (b), a hospital, nursing home, intermediate care facil-
ity for persons with an intellectual disability, home health
agency, or hospice may employ or contract for the ser-
vices of an individual as a nurse aide, if the individual is
enrolled in an instructional program for nurse aides that
is approved under sub. (3) or (3g), is employed part−time
as a nurse’s assistant, home health aide, or hospice aide
fewer than 120 days, and has a preceptor. The require-
ments of sub. (2) (c) 1. and 2. apply to individuals under
this subsection. An individual employed or contracted as
a nurse aide under this subsection shall pass a Wisconsin−
approved nurse aide competency evaluation examination
within 120 calendar days of the start of the individual’s
part−time employment as a nurse aide or may not con-
tinue to be employed or contracted as a nurse aide under
this subsection.
(b) The department shall, as soon as possible after the
effective date of this paragraph .... [LRB inserts date],
request any necessary federal approval required to imple-
ment this subsection and, if approval is granted or if no
federal approval is required, the department shall imple-
ment this subsection. If federal approval is necessary but
not granted, the department may not implement this sub-
section.
SECTION 2. 257.01 (7) (a) and (b) of the statutes are
amended to read:
257.01 (7) (a) An individual who satisfies the
requirements for a nurse aide under s. 146.40 (2) (a), (ac),
(c), (e), (em), or (g) or (2d).
(b) An individual who did at any time within the pre-
vious 10 years, but does not currently, satisfy the require-
ments for a nurse aide under s. 146.40 (2) (a), (ac), (c), (e),
(em), or (g) or (2d), if the individual’s name has never
been listed under s. 146.40 (4g) (a) 2., 2005 stats., or s.
146.40 (4g) (a) 2.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”