Step #10: Requests for Documentation That I Hold a "Diploma of Graduation"

The Wisconsin Department of Regulation & Licensing (DRL) continues to insist that completion of the pre-MSN phase of Marquette's Direct Entry program is sufficient for RN licensure in Wisconsin. The DRL's logic is that the "Certificate of Completion" is, in fact, a "diploma of graduation." Therefore Direct Entry students do meet the criteria for licensure in the Wisconsin Nurse Practice Act 441.04 which requires one to hold a "diploma of graduation" in order to be eligible for licensure. Even after it has been shown that the RN licensure of Marquette's Direct Entry students at the completion of the pre-MSN phase was never actually approved by the DRL or the Wisconsin Board of Nursing in the first place, they still continue to stand by their original argument. We now have a very odd set of conflicting assertions that are being held up by Marquette and the DRL:

1. Marquette adamantly and boldly proclaimed before the Board of Nursing at their meeting on August 30th that Direct Entry students are not awarded any kind of degree or diploma at the completion of the pre-MSN phase.



2. Marquette is adamant that Direct Entry students do not have graduation dates because they have not graduated from Marquette University at the completion of the pre-MSN phase of the program.



3. The DRL claims that Marquette's Direct Entry students are legally eligible for licensure in Wisconsin because a "Certificate of Completion of pre-MSN basic nursing education" is, in fact, a "diploma of graduation."

Can somebody please explain to me how it is possible that I hold a "diploma of graduation" from Marquette University, and yet I have not graduated from Marquette University nor have I been awarded any kind of degree or diploma from Marquette?

Fine. Whatever. Since the DRL and Marquette claim that this "Certificate of Completion of pre-MSN basic nursing education" is actually a "diploma of graduation," then they should not have a problem producing some documentation to this effect. I could use documentation that I hold a "diploma of graduation" from a school of nursing to appeal Mississippi's initial denial of my application for licensure here, and also for any possible future attempts to transfer my license to another state. I sent these letters out this morning requesting documentation from both the DRL and from Marquette stating that I hold a "diploma of graduation" from Marquette.
___________________________________________________

September 17, 2007

Debra J. Kraft
Interim General Counsel
Wisconsin Department of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708-8935

Dear Ms. Kraft:

In your letter dated September 6, 2007 to my Father, ________, you stated that the reason that the pre-MSN part of Marquette’s Direct Entry program meets the criteria for RN licensure in Wisconsin under the Wisconsin Nurse Practice Act 441.04 is because:

the Department [of Regulation and Licensing] has determined that the Certificate of Completion awarded to students upon completion of the basic training phase of the Program by Marquette University is, in fact, a "diploma of graduation."

I request a letter from you, Debra Kraft, to me, Lydia Bertrand, stating that the "Certificate of Completion of Pre-MSN Basic Nursing Preparation" that I received from the Marquette University College of Nursing on August 13, 2005 is a "diploma of graduation" from an accredited and board-approved school of professional nursing.

Sincerely,

Lydia Bertrand
_________________________________________________

September 17, 2007

Dr. Judith Miller
Associate Dean for Graduate Programs & Research
Marquette University College of Nursing
P.O. Box 1881
Milwaukee, WI 53201-1881

Dear Dr. Miller:

A letter dated September 6, 2007 from Debra Kraft to my Father, ________, stated that the reason that the pre-MSN part of Marquette’s Direct Entry program meets the criteria for RN licensure in Wisconsin under the Wisconsin Nurse Practice Act 441.04 is because:

the Department [of Regulation and Licensing] has determined that the Certificate of Completion awarded to students upon completion of the basic training phase of the Program by Marquette University is, in fact, a "diploma of graduation."

I request a letter from you, Dr. Judith Miller, to me, Lydia Bertrand, stating that the "Certificate of Completion of Pre-MSN Basic Nursing Preparation" that I received from the Marquette University College of Nursing on August 13, 2005 is a "diploma of graduation" from an accredited and board-approved school of professional nursing.

Sincerely,

Lydia Bertrand

Response From Dr. Miller

I got this today in response to my August 2nd letter to Dr. Miller at Marquette University. The gist of the letter is: "go bug somebody else."
__________________________________________________
August 14, 2007

Dear Ms. Bertrand:

I received your letter of August 2, 2007 in which you request Marquette University to grant you an Associate Degree. Marquette is an institution of higher learning which issues Baccalaureate and higher degrees. Marquette University does not award associate degrees in nursing.

If you have not already appealed to the Mississippi Board of Nursing to grant you a license to practice as a professional nurse in their state, I urge you to do so. Dr. Mary Ware, Director of the Institute for Higher Learning in the state of Mississippi indicated some time ago that if you appealed to the state of Mississippi Board of Nursing, she felt certain they would grant you licensure in Mississippi.

Good luck with this.

Judith Fitzgerald Miller, Phd, RN, FAAN

cc. Ellen Rudy, Interim Dean

Step #8: Refutation of DRL's Misinformation

I have not posted much recently, but there has been quite a bit going on behind the scenes in the last couple of weeks. A couple of months ago my parents contacted their state representatives (Since they are Wisconsin state residents) asking them to look into the legal status of the RN licensure of Direct Entry students in Wisconsin without holding a "diploma of graduation" as is required by the Wisconsin Nurse Practice Act 441.04. They did make inquiries of the Wisconsin Department of Regulation & Licensing (DRL) on our behalf, but unfortunately did not act as advocates for us as we had hoped.

In any event our letters, and the letter from my parent's state representatives, did cause the DRL to investigate Marquette's Direct Entry program and their procedures for licensing these students without graduation dates. Debra Kraft (Interim General Counsel for the DRL) responded to my parents' State Representatives with this letter dated August 2, 2007. The letter contains several serious factual errors, and was cc'd to a wide range of individuals: including the Chair of the Wisconsin Board of Nursing, the Wisconsin Attorney General's Office, lawyers at Marquette and Lawyers at the DRL among others.

I want to make sure that the individuals who have received this letter from Ms. Kraft become aware of the falsehoods and misrepresentations in the letter before the next Wisconsin Board of Nursing meeting which will be held on August 30, so I mailed out this letter this morning:
__________________________________________________

August 18, 2007

Debra J. Kraft
Interim General Counsel
Wisconsin Department of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708-8935

RE: RN LICENSURE OF MARQUETTE DIRECT ENTRY NURSING STUDENTS

Dear Ms. Kraft:

I would like to correct some misinformation that was contained in your August 2nd letter to Senator Mark Miller and Representative Joseph Parisi regarding the licensure of Marquette University’s Direct Entry nursing students. (Enclosed)

First, there is a serious problem with the 1999 letter from Wayne Austin to Madeline Wake that you discussed and attached with your letter. The version of the letter from Mr. Austin to Ms. Wake that you attached, the version provided by the Department of Regulation & Licensing (DRL), is not the same letter that was actually sent to Ms. Wake. Marquette University has produced a different letter of the same date in which Mr. Austin comes to the exact opposite conclusion about Marquette’s Direct Entry students’ eligibility for RN licensure in the State of Wisconsin. Please notice that the version of the letter produced by the DRL, the version that you are basing your stance on, does not contain Mr. Austin’s signature. The version of the letter produced by Marquette University, which does not advocate for the RN licensure of Direct Entry students in Wisconsin at the completion of the pre-MSN portion of the Direct Entry program without graduating, does contain Mr. Austin’s signature. I have enclosed both versions of this 1999 letter from Mr. Austin to Ms. Wake.

At the bottom of the second page of the real version of the 1999 letter from Wayne Austin to Madeline Wake, Mr. Austin states (emphasis mine):

If graduates of the new program will also have completed education and training which conform with the curriculum standards cited above, it is our opinion that graduates of the program would qualify both to sit for NCLEX and for licensure to practice professional nursing.

Nowhere in the letter does Mr. Austin state that "completion of the pre-MSN portion of the Direct Entry program" is to be considered a "diploma of graduation" under the Wisconsin Nurse Practice Act 441.04. Nor does the letter indicate that completion of the pre-MSN portion of the program is sufficient for RN licensure in the State of Wisconsin. The letter clearly states that only graduates of the Direct Entry MSN program are eligible for RN licensure in Wisconsin. Marquette University is quite adamant that Direct Entry students do not graduate until they have earned an MSN degree. Mr. Austin’s letter simply confirms that they would be eligible for RN licensure in Wisconsin at the time that they have graduated with an MSN degree, not at the completion of the pre-MSN phase of the program.

You state in your August 2nd letter that "the Department [of Regulation & Licensing] has again concluded that it will continue to recognize the conclusions reached by Mr. Austin in his 1999 letter." If this is the case, then the DRL has already concluded that Marquette Direct Entry students are legally eligible for RN licensure in Wisconsin not at the completion of the pre-MSN phase of the program, but only upon graduation from the MSN program. This is the conclusion that was reached by Wayne Austin in the letter that was actually sent to Madeline Wake back in 1999.

Second, your letter states that in my July 26th presentation before the Wisconsin Board of Nursing that I asked the Board to "dissolve the Marquette Direct Entry MSN Program." This is not true. I asked the Board to dissolve the "Special Agreement" with Marquette’s Direct Entry MSN program under which students are being granted Wisconsin nursing licenses without holding a "diploma of graduation" as is required by the Wisconsin Nurse Practice Act 441.04. I have no desire for the program to end: I ask only that the program be held to the same standards and legal procedures as every other school of nursing in the State of Wisconsin. A complete transcript of my presentation is available on my website: http://lydiaslicense.blogspot.com/2007/07/success-at-board-of-nursing-meeting.html

Third, the second footnote on the bottom of page two of your letter says: "The document used to verify completion of the pre-MSN phase is DRL form #259, a standard internal administrative form used to process all nursing student applications." It was not mentioned in your letter that the #259 form is also called the "Statement of Graduation" form. Marquette University lied on the #259 "Statement of Graduation" portion of my licensure application by falsely indicating that I had actually been awarded a BSN degree from their institution - and the DRL knowingly accepted this fraudulent document. (Enclosed)

In conclusion, it is vital for the Wisconsin Department of Regulation & Licensing to again re-examine the original conclusions that were drawn by Wayne Austin in 1999. I do not know why there are two conflicting versions of the letter in circulation, but the version of the letter that was signed by Mr. Austin and was actually sent to Marquette University does not in any way indicate that Marquette’s Direct Entry students are eligible for RN licensure in Wisconsin at the completion of the pre-MSN portion of the program.

Sincerely,

Lydia Bertrand

cc: Senator Mark Miller, 16th Senate District
Representative Joseph Parisi, 48th Assembly District
Celia Jackson, Secretary, Wisconsin Department of Regulation & Licensing
Larry Martin, Executive Assistant, Wisconsin Department of Regulation & Licensing
Kimberly Nania, Division Administrator, Wisconsin Department of Regulation & Licensing
Marilyn Kaufmann, Chair, Wisconsin Board of Nursing
Colleen Baird, Legal Counsel, Wisconsin Board of Nursing
Thomas J. Balistreri, Assistant Attorney General, Wisconsin Department of Justice
Jeffrey Kipfmueller, Associate General Counsel, Marquette University
Richard Sweet, Senior Staff Attorney, Wisconsin Legislative Council

Step #7: Third Letter To Dean Miller

August 2, 2007

Dr. Judith Miller
Associate Dean for Graduate Programs & Research
Marquette University College of Nursing
P.O. Box 1881
Milwaukee, WI 53201

RE: RN LICENSURE OF MARQUETTE DIRECT ENTRY STUDENTS

Dear Dr. Miller:

I am sorry that you were not able to attend the Wisconsin Board of Nursing meeting on July 26th in Madison. I am hopeful, and I think you may be as well, that the issue of the legality of the RN licensure of Marquette’s Direct Entry students can be finally resolved at the Board of Nursing meeting on August 30th. I will not be able to attend the August meeting myself.

There is a strong case for requesting BSN degrees for Direct Entry students, particularly because Marquette has been marking the box for "BSN" on the licensure applications of its Direct Entry students for the last 8 years, and because Direct Entry students complete all of the nursing theory and practical coursework required of their regular BSN students.

However, in the interests of resolving the problem in a timely manner, I propose a compromise. A dual purpose would be served if Marquette University were to issue ADN degrees to Direct Entry students (past, present, and future) who successfully complete, or have completed, the 15-month pre-MSN portion of the program.

If Marquette’s Direct Entry nursing students were awarded ADN degrees at the end of the pre-MSN phase, these students would then be legally eligible for RN licensure in Wisconsin: which is what Marquette promises in the "Memorandum of Understanding." Clearing up this loophole would prevent Marquette University from facing liability around this issue from former, current or future Direct Entry students.

In addition, if Direct Entry students were issued ADN degrees, it would discourage students from intentionally misusing the Direct Entry program by planning to only stay through the first 15 months of the program. The pre-MSN portion of Marquette’s Direct Entry program is significantly more expensive, more competitive to enter, and requires much more work and more advanced work (including 9 graduate credits) than would ever be expected at a regular ADN program. For these reasons it is unlikely that issuing ADNs to Direct Entry students would significantly increase the drop-out rate at the end of the pre-MSN phase.

In order for this plan to make Marquette’s Direct Entry students legally eligible for RN licensure under the Wisconsin Nurse Practice Act 441.04 and the Wisconsin Administrative Code N 2.03 (1)(c), Marquette will need to become accredited and board-approved to issue ADN degrees. I am sure this can be accomplished since Marquette is already accredited and board-approved to issue BSN degrees.

Sincerely,

Lydia Bertrand

cc: Dr. Kerry Kosmoski-Goepfert, Associate Dean, Marquette University College of Nursing
Madeline Wake, Provost, Marquette University
Father Wild, President, Marquette University
Marquette University Board of Trustees
Wisconsin Board of Nursing
Colleen Baird, Legal Counsel, Wisconsin Board of Nursing
Celia M. Jackson, Secretary, Wisconsin Department of Regulation & Licensing

Formal Confirmation of Appearance Before the Board of Nursing

I got this letter in the mail today. I'm not sure why they keep referring to it as the "UW-Marquette Direct Entry program." As far as I know the Marquette Direct Entry program and the UWM Direct Entry program are two separate programs - and I will only be directly addressing Marquette's program. I suppose they are lumping them together because whatever decision is made about Marquette's program will also affect UWM's program.
______________________________________________
July 9, 2007

SUBJECT: APPEARANCE REQUEST REGARDING UW-MARQUETTE DIRECT ENTRY PROGRAM - LYDIA BERTRAND

Dear Ms. Bertrand:

An appearance has been scheduled for you to appear before the Wisconsin Board of Nursing regarding your request to discuss the UW-Marquette Direct Entry Program. Please report on July 26, 2007 at 8:45 a.m., in Room 121A, 1400 E. Washington Avenue, Madison, WI. You will be allowed 15 minutes for your presentation.

Please acknowledge receipt of the scheduled time.

Sincerely,

Kimberly Nania, Ph.D.
Division Administrator
Bureau of Health Service Professions

Clarification of Typo

July 9, 2007

RE: Correction to Prior Correspondence

Dear Ms. Bertrand:

This is to clarify there was an inadvertent clerical error in my prior correspondence dated July 6, 2007. I unintentionally omitted the word "not" which may have led you to believe that the Board had taken action in regard to your request for reevaluation of the Marquette University Direct Entry Graduate Nursing Program.

Instead, the third full sentence in the first paragraph should correctly read as follows:

"I can confirm that the members briefly discussed the issues which you have raised, however, they did not decide on any course of action."

Also, I understand that you have requested a personal appearance before the Board and that Ms. Nania is scheduling that for the July 26th meeting. We look forward to meeting you then.

Sincerely,

Colleen M. Baird
Legal Counsel
Wisconsin Board of Nursing

Step #6: Request to Appear Before the Wisconsin Board of Nursing

I spoke with Ms. Nania on the phone this morning, and it looks like it is very likely that they will put me on the agenda for the meeting on July 26. This is wonderful news because it means that I will be able to present my case to the Board in person. I submitted my request to her via email a few moments ago.
_________________________________________________
Dear Ms. Nania:

I would like to schedule a personal appearance before the Wisconsin Board of Nursing. The reason I am requesting an appearance is in order to discuss the Board’s "Special Agreement" with Marquette University under which Marquette’s Direct Entry nursing students are eligible for RN licensure. I plan to ask the Board to immediately dissolve this "Special Agreement" because it violates both the Wisconsin Nurse Practice Act 441.04 and the Wisconsin Administrative Code N 2.03 (1)(c).

If possible, I would like to appear before the Board of Nursing at the July 26th meeting because I am making a special trip from my home in Mississippi to Madison specifically in to attend that meeting in person. If another date is necessary, then I give permission for [NAME] to appear before the board in my place.

Thank you for your help.

Sincerely,

Lydia Bertrand

Letter From Colleen Baird Regarding Meeting That Discussed My Correspondence

On June 7, 2007 I sent a letter to Marilyn Kaufmann, chair of the Wisconsin Board of Nursing, that I did not post on this blog. In this letter I asked her for more information about what happened at the May board meeting at which my letter to the members of the board was discussed. I got this response from Colleen Baird, legal counsel for the Wisconsin Board of Nursing:
_____________________________________________
July 6, 2007

RE: Correspondence with the Wisconsin Board of Nursing

Dear Ms. Bertrand:

I am writing in response to your letter dated June 7, 2007, to Marilyn Kaufmann, the Chair of the Wisconsin Board of Nursing. You indicated that you would like to know about the discussion of your correspondence regarding the Marquette University Direct Entry Graduate Nursing Program and whether the Board has decided to reevaluate the program. I can confirm that the members briefly discussed the issues which you have raised, however, they did decide on any course of action. [sic]

For your information, correspondence to Board members is typically reviewed and discussed in open session at the next available meeting. Members of the public may attend the open session. The meeting agendas are publicly posted on the Department's website at least 24 hours in advance of a meeting. Individual notices of specific agenda items are only provided if there is a written request or a scheduled appearance before the Board.

If you would like to make a personal appearance before the Board you should submit a written request. If you are granted an appearance, you will be notified of the date and time for your appearance. Also, if someone else is authorized to appear on your behalf, please let us know. Please contact Ms. Kimberly Nania, the Bureau Director for the Board of Nursing, and she will assist you in requesting an appearance. The next Board meeting dates are July 26 and August 30, 2007.

Sincerely,

Colleen M. Baird
Legal Counsel
Wisconsin Board of Nursing

Formal Complaint Filed Against Legal Counsel for the Wisconsin Board of Nursing

Formal complaints of this nature are handled through the Governor's office. They should receive my letter tomorrow, and I should hear back from them within two weeks.
________________________________________________
Thursday June 14, 2007

Governor Jim Doyle
c/o Nick Coenen, Constituent Services
P.O. Box 7863
Madison, WI 53707

Dear Governor Doyle:

With this letter I would like to file a formal complaint against Colleen Baird, legal counsel for the Wisconsin Board of Nursing.

In her capacity as legal counsel for the Wisconsin Board of Nursing, Ms. Baird has advised the Board to issue RN licenses to individuals who do not meet the legal criteria for licensure set forth in Wisconsin Nurse Practice Act. Specifically, she has counseled them to license as registered nurses students who have completed the first 15 months of Marquette University’s Direct Entry nursing program. Students in this program do not graduate at that time, and thus are not eligible for licensure. The Wisconsin Nurse Practice Act 441.04 clearly requires graduation from a school of nursing in order to become licensed as an RN in Wisconsin. Neither Ms. Baird, nor the Wisconsin Board of Nursing hold the authority to override the law in this matter, and yet this is exactly what they are doing.

On April 19, 2007 I sent a letter to each member of the Wisconsin Board of Nursing, cc’d to Colleen Baird, asking them to reevaluate the Board’s "Special Agreement" with Marquette University under which the Board has been illegally issuing RN licenses to Direct Entry students who have not graduated from a school of nursing (enclosed). I was never notified that my correspondence with the Board would be discussed at the Wisconsin Board of Nursing meeting on May 17, 2007, and so I was not able to attend the meeting myself or present my case more fully directly to the Board. After the board meeting I was not notified that my correspondence had been discussed or what, if any, decisions had been made by the Board.

Not only has Ms. Baird been advising the Wisconsin Board of Nursing to continue with a policy that directly violates Wisconsin State Law, but she has prevented me from presenting my case directly to the Board itself. My participation was precluded because I was not notified beforehand about the board meeting that discussed my correspondence, nor was I notified about the Board’s decision after the meeting. I demand to have the opportunity to present my case directly to the Board.

Sincerely,

Lydia Bertrand

Step #5b: Letter to WI Legislators on Health Committees

I sent this slightly revised letter to each member of the State Senate Committee on Health & Human Services and the State Assembly Committee on Health & Healthcare Reform today. In this letter I tried to be more clear about exactly what I am asking of them.
___________________________________________________
Thursday June 7, 2007

Senator/Representative [name]
Committee on Health & Human Services/ Committee on Health & Healthcare Reform
Room XXX
State Capitol
PO Box XXXX
Madison, WI 5370X

Dear Senator/Representative [name]:

As a member of the Wisconsin State [Senate Committee for Health & Human Services/ Assembly Committee on Health & Healthcare Reform] I would like to bring your attention to a problem with the Wisconsin Department of Regulation & Licensing's relationship with Marquette University. I will give an overview of the problem here, but further details and documents can be found on my web site:

http://lydiaslicense.blogspot.com

Marquette University runs a Direct Entry nursing program that is designed for individuals who hold a bachelor's degree in an area unrelated to nursing. Students become RN's after the first 15 months of the program (the pre-MSN phase), and then move directly into master's studies. At the end of the 3-year program students are awarded a master's degree (MSN) in a nursing specialty.

As a Direct Entry nursing student at Marquette University I was told that Marquette and the Wisconsin Department of Regulation & Licensing (DRL) hold a "Special Agreement" that allows Direct Entry students to gain RN licensure in Wisconsin without holding a degree. When I requested a copy of this "Special Agreement" from the DRL under the Wisconsin Public Records Law I was provided with documents indicating that Wisconsin would consider completion of the pre-MSN phase of Marquette's Direct Entry program to constitute "graduation" for the purposes of RN licensure, even though Marquette is adamant that Direct Entry students do not actually graduate at that time.

This is a problem because the Wisconsin Nurse Practice Act requires individuals to graduate from a school of nursing in order to become licensed as an RN. Section 441.04 of the Wisconsin Nurse Practice Act lists requirements to sit for the licensure exam in Wisconsin (emphasis mine):

Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record . . . holds a diploma of graduation from an accredited school of nursing, and if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of the fee . . . shall be entitled to examination.

One of the forms required by the DRL before individuals can take the licensure exam is a "Statement of Graduation" form. Marquette fills out this "Statement of Graduation" form for Direct Entry nursing students; complete with a graduation date filled in, the signature of Dr. Judith Miller, associate dean for graduate programs & research in Marquette's College of Nursing, and the Marquette University seal. At the same time Marquette refuses to certify graduation to any other party. For your convenience I have enclosed a copy of the "Statement of Graduation" form that Marquette filed with the DRL for me, although the Marquette seal is not visible on this photocopy.

It is the DRL's job to enforce occupational licensing laws, and yet they have entered into an agreement with Marquette University that violates the very laws they should be enforcing. The DRL has not yet responded to my requests that they require Marquette's Direct Entry students to hold a degree before they may become licensed as RN's in Wisconsin (as is clearly required by the Wisconsin Nurse Practice Act) so I am appealing to you to become an advocate for my cause. Any "Special Agreement" between the DRL and a private university that allows for individuals to become licensed as RN's in Wisconsin without holding a degree is not legal, and must be immediately stopped.

Sincerely,

Lydia Bertrand

Step #5: Letter to State Senators and State Assembly Representatives for the City of Milwaukee

This letter was sent to all of the state senators and state assembly representatives for districts in the City of Milwaukee:

State Senate:
District 3, Tim Carpenter
District 4, Lena Taylor
District 5, Jim Sullivan
District 6, Spencer Coggs
District 7, Jeffrey Plale
District 8, Alberta Darling

State Assembly:
District 7, Peggy Krusick
District 8, Pedro Colon
District 9, Josh Zepnick
District 10, Annette Polly Williams
District 11, Jason Fields
District 12, Frederick Kessler
District 13, David Cullen
District 14, Leah Vukmir
District 15, Tony Staskunas
District 16, Leon Young
District 17, Barbara Toles
District 18, Tamara Grigsby
District 19, Jon Richards
District 20, Christine Sinicki
District 21, Mark Honadel
District 22, Sheldon Wasserman
District 23, Jim Ott
___________________________________________________
Thursday May17, 2007

[name]
Room XXX
State Capitol
PO Box XXXX
Madison, WI 5370X

Dear [name]:

As a [state senator/state assembly representative] for a district in the City of Milwaukee, I would like to bring to your attention a problem with Marquette University’s Direct Entry Nursing program. I will give an overview of the problem here, but further details and documents can be found on my web site:

http://lydiaslicense.blogspot.com

Marquette’s Direct Entry nursing program is designed for individuals who hold a bachelor’s degree in an area unrelated to nursing. Students become RN’s after the first 15 months of the program (the pre-MSN phase), and then move directly into master’s studies. At the end of the 3-year program students are awarded a master’s degree (MSN) in a nursing specialty.

As a Direct Entry nursing student at Marquette University I was told that Marquette and the Wisconsin Department of Regulation & Licensing (DRL) hold a "special agreement" that allows Direct Entry Students to gain RN licensure in Wisconsin without holding a degree. When I requested a copy of this "special agreement" from the DRL under the Wisconsin Public Records Law I was provided with documents indicating that Wisconsin would consider completion of the pre-MSN phase of Marquette’s Direct Entry program to constitute "graduation" for the purposes of RN licensure, even though Marquette is adamant that Direct Entry students do not actually graduate at that time.

This is a problem because State Law (Wisconsin Nurse Practice Act 441.04) requires individuals to graduate from a school of nursing in order to become licensed as an RN. Section 441.04 of the Wisconsin Nurse Practice Act lists requirements to sit for the licensure exam in Wisconsin (emphasis mine):

Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record . . . holds a diploma of graduation from an accredited school of nursing, and if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of the fee . . . shall be entitled to examination.

One of the forms required by the DRL in order to take the licensure exam is a "Statement of Graduation" form. Marquette fills out this "Statement of Graduation" form for Direct Entry nursing students; complete with a graduation date filled in, the signature of Dr. Judith Miller, associate dean for graduate programs & research in Marquette’s College of Nursing, and the Marquette University seal. At the same time Marquette refuses to certify graduation to any other party. For your convenience I have enclosed a copy of the "Statement of Graduation" form that Marquette filed with the DRL for me, although the Marquette seal is not visible on this photocopy.

Continuing to allow Marquette to flagrantly disregard the law in this manner serves only to prevent qualified individuals from obtaining RN licensure in other states while the nation is in the midst of a nursing shortage crisis. When Celia M. Jackson, the Secretary of the DRL, was asked directly whether or not she supports Marquette University's absurd "interpretation" of the Nurse Practice Act, she did not respond.

I urge you to force Marquette University to bring its Direct Entry nursing program into compliance with Wisconsin State Law. If Marquette wishes to run a Direct Entry nursing program, then they must provide students with actual degrees and graduation dates before they can become RN’s - just like every other private university in Wisconsin that wishes to make its students eligible for RN licensure in Wisconsin must do. This is clearly what is required by the Wisconsin Nurse Practice Act.

Sincerely,

Lydia Bertrand

cc: Celia M. Jackson, Secretary, Wisconsin Department of Regulation & Licensing

Step #4: Letter to the Members of the Wisconsin Board of Nursing

I sent this letter out this morning to each member of the Wisconsin Board of Nursing. They should get it around Tuesday of next week.
___________________________________________________
Thursday April 19, 2007

[name]
Member, Wisconsin Board of Nursing
State of Wisconsin
Department of Regulation and Licensing
PO Box 8935
Madison, WI 53708-8935

Dear [name]:

As a member of the Wisconsin Board of Nursing, I would like to bring to your attention a problem with Marquette University’s Direct Entry Nursing program. I will give an overview of the problem here, but further details and documents can be found on my web site:

http://lydiaslicense.blogspot.com/

I was a member of the 6th cohort of Marquette’s Direct Entry program in 2004-2005, but I left the program before the completion of an MSN degree. After I completed the pre-MSN portion of the Direct Entry program I passed NCLEX-RN and obtained licensure in Wisconsin. When I was unable to become licensed in Mississippi, where I am now living, I began to research licensure laws and procedures in the two states in order to find out how I could get a license in Mississippi. During this process I discovered the Wisconsin Nurse Practice Act 441.04, which lists requirements to sit for the NCLEX-RN exam in Wisconsin (emphasis mine):

Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record . . . holds a diploma of graduation from an accredited school of nursing, and if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of the fee . . . shall be entitled to examination.

As a Direct Entry Student at Marquette I was told that Marquette and the DRL hold a "special agreement" that allows Direct Entry Students to gain RN licensure in Wisconsin without holding a degree. When I requested a copy of this "special agreement" from the DRL under the Wisconsin Public Records Law I was provided with documents indicating that Wisconsin would consider completion of the pre-MSN phase of Marquette’s Direct Entry program to constitute "graduation" for the purposes of RN licensure, even though Marquette is adamant that Direct Entry students do not actually graduate at that time.

I urge you to reevaluate the Board’s "special agreement" with Marquette. I simply can not understand why a Wisconsin state agency would agree to a blatant misinterpretation of State Law that seems to serve only to facilitate the financial gain of a private institution. If Marquette wishes to run a Direct Entry nursing program, then they must be required to provide students with actual degrees and graduation dates before they can sit for NCLEX – just like every other private university in Wisconsin. This is clearly what is required by the Wisconsin Nurse Practice Act.

Sincerely,

Lydia Bertrand

cc: Jeff Scanlan, Director, Bureau of Health Services Professions
Colleen Baird, Legal Counsel for the Wisconsin Board of Nursing

Second Letter To Father Wild

Tuesday April 3, 2007

Robert A. Wild, S.J.
Office of the President
Marquette University
P.O. Box 1881
Milwaukee, WI 53201

Dear Father Wild:

Thank you for your letter dated March 28, 2007. I had a lot to say in my last letter, and so perhaps my main point was not clear.

I am not asking Marquette University to influence any state authorities, or to fulfill the licensure requirements of any state other than Wisconsin. The only thing I am asking of Marquette is to bring the Direct Entry nursing program into compliance with Wisconsin State Law.

The Wisconsin Nurse Practice Act 441.04 lists requirements to sit for the licensure exam (emphasis mine):

Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record . . . holds a diploma of graduation from an accredited school of nursing, and if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of the fee . . . shall be entitled to examination.

The Wisconsin Administrative Code N 2.03 also discusses requirements to sit for the RN licensure exam, and includes this requirement (emphasis mine):

Has graduated from a board-approved school of professional nursing.

Both the Wisconsin Nurse Practice Act and the Wisconsin Administrative Code both clearly require graduation. Although up to this time the State of Wisconsin has interpreted its licensing requirements to allow students who have completed the pre-MSN phase of Marquette’s Direct Entry Program to sit for the licensing exam, this interpretation is on shaky ground. I suspect that this absurd “interpretation” of the law may not hold up to legal scrutiny - and I am perfectly willing to find out if it will stand up to legal scrutiny if this problem is not resolved in another way.

My signing of the “Memorandum of Understanding” is meaningless because this document required me to agree to allow Marquette to do something that is not legal. I signed the Memorandum because I was required to do so in order to become a student in the Direct Entry program, and at the time that I signed it I was not aware that the contents of the Memorandum directly contradict the Nurse Practice Act and the Wisconsin Administrative Code. I assure you that I never would have decided to become a student in Marquette’s Direct Entry program if I had known that the program did not meet the legal requirements for RN licensure in the state of Wisconsin.

I asked to be granted a BSN for several reasons. [name], Graduate Program Assistant for the College of Nursing, told me in an e-mail on February 23, 2007 that the State of Wisconsin considers Direct Entry students to have earned a “BSN equivalent.” (Enclosed) Also, on the “Statement of Graduation” form that we fill out for the Department of Regulation & Licensing Direct Entry students are told to mark the box for “BSN.” (Enclosed) Dr. Judith Miller told me in her letter dated February 26, 2007 that this is because Marquette does not “want [its] professional nurses to check LPN, or ADN on the application form.” And as a University, I was under the impression that Marquette does not issue Associate’s degrees. The fact remains that the Law requires students to graduate from a nursing program of some kind in order to become licensed.

Although I already explained why the “Memorandum of Understanding” that I signed is invalid, I think you should know that this document was altered after I signed it. The “Memorandum of Understanding” that I signed states: “you will be eligible to take the professional licensing exam for nursing in the State of Wisconsin.” It does not address RN licensure in any other state one way or the other. After I signed the Memorandum someone added in handwriting the word “only” after the word “Wisconsin,” which completely changes the meaning of the sentence. You state in your letter dated March 28th that by signing the “Memorandum of Understanding” that I “agreed that . . . [I] would be eligible to take the licensing exam in the State of Wisconsin, but not in any other state.” This is not accurate. The “Memorandum of Understanding” that I signed did not say this, nor have I ever been told this verbally. Dr. Judith Miller told me verbally when I left the program that I “may not be able to become licensed in another state,” and that Marquette “could not guarantee licensure in another state.” I never signed a form, or was ever told verbally by Dr. Judith Miller or anyone else, that I definitely would not be able to become licensed in any other state. In any case, my acknowledgment of these verbal statements by Dr. Miller at the time that I left the program is irrelevant for the same reason that the “Memorandum of Understanding” is - these statements reflect a Marquette policy that directly contradicts Wisconsin State law.

Wisconsin State law requires registered nurses to graduate from a school of nursing. Any interpretation of the law that honors a program that does not graduate its students is ludicrous. The best solution to this problem, for all parties involved, is for Marquette University to bring the Direct Entry nursing program into compliance with Wisconsin State law by issuing a nursing degree and graduation date to students who complete the pre-MSN portion of the program.

Sincerely,

Lydia Bertrand

Um . . . Where Did This Come From???

Ya see that "only" penciled in after "Wisconsin"? That wasn't there when I signed the form. This is the copy of the "Memorandum of Understanding" that was included with Father Wild's letter dated March 28, 2007.

This is the unaltered copy of the "Memorandum of Understanding" that was included with the letter I received from Dr. Miller on February 26, 2007.

Response From Father Wild: Including a Doctored Document

March 28, 2007

Dear Lydia,

Thank you for your letter regarding your experience at Marquette. After receiving your letter and a letter from your father, I discussed your case with a number of colleagues. First, let me say that I do appreciate your situation. I certainly understand that your life plans changed and that you moved from Wisconsin to the Gulf Coast region as a result of your marriage and your husband's work as an Episcopal priest. I'm sure that you are making a positive difference in the lives of your parishioners and in your community. So I do appreciate your current circumstances.

Those things said, Marquette has a specific requirements outlined in the Graduate Bulletin that we must adhere to in terms of granting degrees. You yourself agreed to the terms outlined by the College of Nursing and in the Graduate Bulletin when you were a student. Specifically, you signed a Memorandum of Understanding dated April 1, 2004 (copy enclosed) where you acknowledged and agreed to the following:

"Please understand that the purpose of this program is to prepare you with a Master of Science degree in Nursing. You will not receive another bachelor's degree. At the completion of the pre-MSN phase, you will be eligible to take the professional licensing exam for nursing in the State of Wisconsin."

You agreed to these terms. If they were not acceptable to you, then you should not have signed the Memorandum of Understanding. Specifically, you agreed that you would not earn a bachelor's degree and that after the pre-MSN phase, you would be eligible to take the licensing exam in the State of Wisconsin, but not in any other state. Now you are asking Marquette to award you a bachelor's degree, and that is something that we did not promise and cannot do because you did not earn such a degree here at Marquette. In order to earn a bachelor's degree, Marquette requires completion of 53 credits of university core courses in addition to the nursing courses, plus a student must earn a total of 128 credits in order to receive a bachelor's degree. Since you did not meet these requirements, you cannot receive a BSN degree. Rather, you were required to take 50 credits of undergraduate nursing courses to be eligible to take the NCLEX examination in Wisconsin. The State of Wisconsin has interpreted its licensing requirements to allow students who have completed the pre-MSN phase of Marquette's Direct Entry Program to sit for the licensing exam. We do not control how other states interpret their own licensing requirements.

Professional licensing remains the jurisdiction of each individual state. Indeed, your letter states that you took the NCLEX examination at the conclusion of the pre-MSN phase of the program, as outlined in the materials you received from us, and you passed that exam which allowed you to be licensed in Wisconsin.

While I appreciate that you and your husband left Wisconsin, I must point out that in doing so, you were informed on multiple occasions what this would mean for your future career in nursing, namely that it would likely be necessary for you to take addition courses at another institution in order to become licensed outside of Wisconsin.

We have no direct influence over any state authorities. That said, I know that Dr. Judith Fitzgerald Miller, Associate Dean of the College of Nursing has been working with you with respect to the Mississippi licensing requirements (see enclosed letter from Dr. Miller to you dated February 26, 2007). My assessment of this is that Dr. Miller is going above and beyond in order to help you, which is what I would expect of faculty members at Marquette. While Dr. Miller is doing all that she can to help you, it is important to remember that what we can do with respect to Mississippi is limited.

The best advice that I can give is for you to continue working directly with Dr. Miller on possible solutions to this issue. I recognize that you and your family are not pleased with the current status, but the issue is beyond Marquette's control for the reasons explained above. You chose to move out of Wisconsin and unfortunately that decision complicated your nursing situation a great deal.

For the rest, please be assured of my prayers for you and your husband that our good and gracious God will bless your continued work in Mississippi.

Sincerely,

Robert A. Wild, S.J.
___________________________________________________
This letter included a copy of the "Memorandum of Understanding" in which someone had hand-written in the word "only" in this passage:

At the completion of the pre-MSN phase, you will be eligible to take the professional licensing exam for nursing in the state of Wisconsin only.

The word "only" was not on the original document at the time that I signed it. The insertion of the word "only" completely changes the meaning of the sentence. The document that I signed stated that I could become licensed in Wisconsin, but said nothing about licensure in other states.

Step #3: Letter to Each Member of Marquette's Board of Trustees

I have not gotten a response from Father Wild or from the second letter I sent to Judith Miller that requested a copy of the 'special agreement.' It has been over two weeks, so I'm moving on to the next step. These letters should arrive at Marquette around next Wednesday - since there are 35 letters I can't afford to send them priority. It's hard to say when the individual board members will actually get their letters - it looks like many of them don't live in Milwaukee. Over three weeks ago I requested a copy of the "Statement of Graduation" that is part of my file at the Department of Regulation & Licensing because I had wanted to include a copy of it with this letter, but I have not received it yet.
___________________________________________________
Friday, March 23, 2007

[NAME]
Member, Marquette University Board of Trustees
Marquette University
P.O. Box 1881
Milwaukee, WI 53201

Dear [NAME]:

I would like to bring to your attention some irregularities relating to Marquette University’s Direct Entry nursing program. I will give an overview of the problem here, but additional details and documents can be found on my website: lydiaslicense.blogspot.com.

Let me begin by briefly telling you my story. I graduated from Chatham College in 1999 with a B.A. in Mathematics and English Literature, Cum Laude, Phi Beta Kappa. I was a member of the 6th cohort of the Direct Entry nursing program at Marquette University (2004-2005). When I began the program I fully intended to complete the full three years. About half way through the first 15 months, the RN portion of the program, I became engaged. At that time my fiancé was in his last year at an Episcopal seminary, and he was obligated to return to serve in his home state of Louisiana in June of 2005. He was assigned to a large parish in New Orleans and I stayed in Milwaukee until August to complete my RN, with plans to move to New Orleans with him directly after our wedding. On August 13, 2005 I completed the RN portion of the Direct Entry program at Marquette, on August 20th I got married, and on August 29th my husband and I lost nearly everything in Hurricane Katrina - including my husband’s parish. In November I took state boards and received my nursing license in Wisconsin. My husband took the first job he was offered, which did not happen until March of 2006. This job happened to be in Mississippi.

When I applied for a nursing license in Mississippi my application was denied for one reason: because my Marquette transcript does not contain a graduation date. I am now in repayment of over $35,000 in student loans that I took out in order to attend Marquette although I am now unable to work as a nurse. My husband is an Episcopal priest in rural Mississippi and is currently supporting our family of three on only a few thousand dollars a year more than the amount of my outstanding student loans. The area we live in is also experiencing a severe nursing shortage crisis.

Mississippi state law regulating nurses states that one must graduate from an accredited nursing program in order to hold a license. The same is true in Wisconsin (Nurse Practice Act: 441.04). How can the Direct Entry program qualify its students to become registered nurses, yet not award us degrees? When I applied to take the state board examination (NCLEX-RN) I filled out a "Statement of Graduation" form for the Wisconsin State Board of Regulation & Licensing. On this form my classmates and I were instructed by Marquette staff members to check the box for "BSN" and to list August 13, 2005 as a graduation date - yet there is no graduation date listed on my official Marquette transcript.

Dr. Judith Miller, Associate Dean of Graduate Programs & Research, College of Nursing, has informed me that Marquette University negotiated with the State of Wisconsin to allow Direct Entry students to sit for the state board exam without holding a degree. I fail to see how an agreement of this kind can possibly be valid. The Nurse Practice Act clearly states that in order to sit for the licensure exam individuals must hold "a diploma of graduation."

I requested a copy of the formal written agreement between the State of Wisconsin and Marquette University relating to the licensure of Direct Entry students from Dr. Judith Miller on May 5, 2007, but I did not receive a response. When I requested the same information from the Department of Regulation & Licensing under the Wisconsin Public Records Law I was provided with two letters. (A pdf file containing these documents is available on my web site for your convenience.) The first letter is from Madeline Wake, then Dean of the College of Nursing, to Wayne Austin, then Legal Counsel for the Board of Nursing, and is dated December 15, 1998. The second letter is from Mr. Austin to Dr. Wake and is dated February 1, 1999. In this exchange of letters Mr. Austin and Dr. Wake agree to interpret the intent of the Wisconsin Administrative Code N 2.03 to include progression from the pre-MSN phase of the Direct Entry program into the MSN phase to qualify as "graduation": yet Marquette does not actually graduate these students. This interpretation is absurd. The Wisconsin Administrative Code (N 2.03) and Wisconsin State Law (Nurse Practice Act 441.04) are both quite clear that graduation from an approved school of nursing is required for RN licensure in Wisconsin. It is obvious to any person who does not have an ulterior motive that the only appropriate interpretation of the word "graduation" in this context is "graduation." If Marquette University wishes to run a Direct Entry nursing program, then it is obligated to provide degrees and graduation dates for the students who complete the first 15 months of the program.

As a member of the Marquette University Board of Trustees I am requesting your assistance in procuring BSN degrees and graduation dates for Direct Entry nursing students who successfully complete, or have completed, the first 15 months of the program. Direct Entry students complete all of the nursing theory and practical courses required of Marquette’s regular BSN students. I contacted Dr. Judith Miller regarding this discrepancy on February 22, 2007, but she did not resolve the problem satisfactorily. Father Wild has not yet responded to the letter I sent to him on March 5, 2007. As you know, Marquette University is a highly regarded institution in the community. Intentionally engineering a questionable loophole in order to obtain RN licensure for its Direct Entry students without providing a degree or a graduation date for them is not in line with the Catholic values of the University.

Sincerely,

Lydia Bertrand

Documents Provided by the DRL

Link to the letters referenced by Colleen Baird in the previous post.

Response From DRL (Email)

Date: Friday, March 9
To: Lydia Bertrand
From: Colleen Baird

Dear Ms. Bertrand: This is a follow-up to my email response on March 5,2007, regarding the Graduate Nursing Direct-Entry Program and your letter to Secretary Celia Jackson, dated March 6, 2007. You sent the following question:

I am looking for some information about Marquette's Direct Entry Nursing program. I have been told that Marquette has a special agreement with the state of Wisconsin allowing their Direct Entry students to become RN's without obtaining a BSN degree. I would like a copy of this formal agreement. Thank you.
Lydia Bertrand

I stated that I did not believe that we had a copy of a formal agreement and recommended that you contact the school for a copy. I apologize, but unfortunately, I was not familiar with the history or documentation for this program. The individual who handled such matters had just retired. However,with the assistance of staff, two documents were located which should satisfy your request. These documents are attached for your convenience. I will also send a hard copy by U.S. Mail. The first document is a letter dated February 1, 1999, from Wayne Austin, former legal counsel for the Board of Nursing. The second document is a letter dated December 15, 1998, from Madeline Wake, Dean of Marquette University. These letters constitute the "agreement" between the Department, the Board of Nursing and Marquette University for the direct-entry advance three year advance nursing program.

The letter from Dean Wake inquires whether students who have completed the basic nursing education and progress to the MSN phase of the program would meet the intent of Chapter N.03 "has graduated from a board-approved school of professional nursing. " The letter from Attorney Wayne Austin confirms this interpretation; that participants in the direct-entry for graduate nursing program who complete the basic nursing education phase of the program would qualify both to sit for the NCLEX and for licensure to practice professional nursing. Mr. Austin states that the Board's approval was made pursuant to its authority to establish minimum standards for schools of professional nurses and approve new nursing programs under sec. N1.06, Wis. Admin. Code. It further confirms that Marquette University had an existing approved nursing program.

The statutory authority for licensure and approval of schools of professional nursing is found in secs. 441. 04 and 441.01(3), Wis. Stats. (Nurse Practice Act). The administrative rules in Chapter N 1, Wis. Admin Code, codify the process for approval of schools of nursing and nursing programs. I am not aware of any other statutes which are pertinent to RN licensure of individuals who do not hold a "diploma of graduation." The basis upon which Wisconsin determined that you were eligible to sit for the NCLEX, and to obtain a professional nursing license, was the receipt of a statement from Marquette University verifying that you had completed the basic nursing education phase of the three year graduate (master's level) nursing program.

I trust that this is the information you were seeking and it is helpful in your efforts to obtain licensure in Mississippi. If we can be of further assistance, please do not hesitate to contact us.

Colleen M. Baird
Legal Counsel
Wisconsin Board of Nursing
___________________________________________________
I will post the letters that were attached to this e-mail as soon as I figure out how to put up pdf files.

Letter to Celia M. Jackson, Secretary of the DRL

March 6, 2007

Celia M. Jackson
Secretary
Wisconsin Department of Regulation & Licensing
PO Box 8935
Madison, WI 53708-8935

Secretary Jackson:

I was a student in Marquette University’s Direct-Entry Nursing program. I have been told that there is some kind of ‘special agreement’ between Marquette and the State of Wisconsin that allows their Direct-Entry students to become Registered Nurses without having degree or graduating from their program. This appears to be in conflict with the Nurse Practice Act (441.04), which requires "a diploma of graduation" before one can sit for NCLEX-RN.

On Tuesday, February 27th I e-mailed the Department of Regulation & Licensing at web@drl.state.wi.us to ask for a copy of this formal agreement. On March 5th I got a response from Colleen Baird, who identified herself as Legal Counsel for the Wisconsin Board of Nursing. Her e-mail stated:

This is in response to your question about the Marquette Nursing Program. I do not believe that we have a copy of this formal agreement. You should contact the school directly.

A complete transcript of the e-mail exchange is available on my web site: http://lydiaslicense.blogspot.com/2007/03/email-exchange-with-wi-department-of.html

Frankly, I find it hard to believe that if an agreement exists between Marquette University and the Department of Regulation & Licensing allowing Direct-Entry students to sit for NCLEX and become RNs without holding a degree (as I have been repeatedly assured is the case), that the DRL literally does not have an actual copy of this formal agreement present somewhere in their files.

1. Does the Wisconsin Department of Regulation & Licensing in fact have an agreement with Marquette University which allows Direct-Entry students to become RNs without graduating or holding a degree?

2. If an agreement does exist, then I demand a copy of the written formal agreement, and any other documents pertinent to the licensure of Direct-Entry students who do not hold a "diploma of graduation."

3. I would like references to any state statues pertinent to the RN licensure of individuals who do not hold a "diploma of graduation" in addition to the one I referenced above (the Nurse Practice Act 441.04)

Thank you,

Lydia Bertrand

cc: Barbara Wyatt Sibley, Deputy Secretary
Larry Martin, Executive Assistant

Step #2: Letter to President of Marquette University, Father Wild

March 5, 2007

Robert A. Wild, S.J.
Office of the President
Marquette University
P.O. Box 1881
Milwaukee, WI 53201

Dear Father Wild:

I would like to bring to your attention some irregularities relating to Marquette University’s Direct-Entry nursing program.

Let me begin by briefly telling you my story. I graduated from Chatham College in 1999 with a B.A. in Mathematics and English Literature, Cum Laude, Phi Beta Kappa. I was a member of the 6th cohort of the Direct-Entry nursing program at Marquette University (2004-2005). When I began the program I fully intended to complete the full three years. About half way through the first 15 months, the RN portion of the program, I became engaged. At that time my fiancé was in his last year at an Episcopal seminary, and he was obligated to return to serve in his home state of Louisiana in June of 2005. He was assigned to a large parish in New Orleans and I stayed in Milwaukee until August to complete my RN, with plans to move to New Orleans with him directly after our wedding. On August 13, 2005 I completed the RN portion of the Direct-Entry program at Marquette, on August 20th I got married, and on August 29th my husband and I lost nearly everything in Hurricane Katrina - including my husband’s parish. In November I took state boards and received my nursing license in Wisconsin. My husband took the first job he was offered, which did not happen until March of 2006. This job happened to be in Mississippi.

When I applied for a nursing license in Mississippi my application was denied for one reason: because my Marquette transcript does not contain a graduation date. I am now in repayment of over $35,000 in student loans that I took out in order to attend Marquette although I am now unable to work as a nurse. My husband is an Episcopal priest in rural Mississippi and is currently supporting our family of three on only a few thousand dollars a year more than the amount of my outstanding student loans. The area we live in is also experiencing a severe nursing shortage crisis.

Mississippi state law regulating nurses states that one must graduate from an accredited nursing program in order to hold a license. The same is true in Wisconsin (Nurse Practice Act: 441.04). How can the Direct-Entry program qualify its students to become registered nurses, yet not award them degrees? When I applied to take the state board examination (NCLEX-RN) I filled out a "Statement of Graduation" form for the Wisconsin State Board of Regulation & Licensing. On this form my classmates and I were instructed by Marquette staff members to check the box for "BSN" and to list August 13, 2005 as a graduation date - yet there is no graduation date listed on my official Marquette transcript.

Either my Direct-Entry classmates and I hold BSNs with Marquette University, or we do not. It is unethical for Marquette to provide evidence of graduation only to those parties for whom it is to Marquette’s advantage. If my fellow Direct-Entry students and I have earned BSNs with Marquette University then our transcripts should list graduation dates. If we have not obtained BSNs from Marquette University then it appears as though the University is intentionally forging falsified "Statement of Graduation" forms for the Wisconsin Department of Regulation & Licensing every year for each Direct-Entry student.

Dr. Judith Miller, Associate Dean of Graduate Programs & Research, College of Nursing, has informed me that Marquette University has negotiated with the State of Wisconsin to allow Direct-Entry students to sit for the state board exam without holding a degree. I fail to see how an agreement of this kind can possibly be valid. The Nurse Practice Act clearly states that in order to sit for the licensure exam individuals must hold "a diploma of graduation" (441.04). Even the State itself is not authorized to make exceptions to this law without actually changing the law.

Marquette University should be ashamed for engineering this loophole to obtain RNs for its Direct-Entry students without providing a graduation date on their transcripts. I would have expected a Catholic University to behave with integrity. I contacted Dr. Judith Miller regarding this discrepancy, but she was unable to resolve the problem satisfactorily. If Direct-Entry students who successfully complete, or have completed, the first 15 months of the program are not granted BSNs with graduation dates placed on their official Marquette transcripts, I will take further action.

Sincerely,

Lydia Bertrand