Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Steve McCarthy, Senior Staff Attorney March 26, 2024
2023 Wisconsin Act 183
[2023 Senate Bill 671]
Student Qualification as
Nurse Aide
BACKGROUND
Under current administrative rules promulgated by the Department of Health Services (DHS), a
student enrolled in an approved nurse aide training program who has completed 16 hours of classroom
training in certain required topics may be employed by a health care provider as a nurse aide if the
student is a full-time permanent employee.
Current law also provides that a student allowed to be employed or contracted as a nurse aide may
perform only services for which he or she has received training and has been found proficient by an
instructor under the instructional program. In addition, a hospital, nursing home, home health agency,
hospice, or intermediate care facility for persons with an intellectual disability employing or contracting
a student may not include that individual in meeting or complying with a requirement for nursing care
staff and functions, including a minimum nursing staff requirement.
2023 WISCONSIN ACT 183
2023 Wisconsin Act 183 requires that, subject to any necessary federal approval that DHS is required to
seek, DHS allow a hospital, nursing home, intermediate care facility for persons with an intellectual
disability, home health agency, or hospice to employ or contract for the services of students enrolled in
an approved nurse aide program as a nurse aide, if the individual is employed part-time as a nurse’s
assistant, home health aide, or hospice aide fewer than 120 days, and has a preceptor.
The act requires that an individual employed or contracted as a nurse aide must 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 continue to be employed or contracted as
a nurse aide.
The current law requirements that a nurse aide student perform only services for which the student has
been trained and found proficient, and that a facility not count a nurse aide student toward certain
staffing requirements, also apply to a student allowed to be employed or contracted part-time as a nurse
aide.
Effective date: March 24, 2024
For a full history of the bill, visit the Legislature’s bill history page.
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