AB575: Bill Text

AB575,4,24 46.03 (44) Sexually transmitted disease treatment information. Prepare and keep current an information sheet to be distributed to a patient by a physician, physician assistant, or certified advanced practice nurse prescriber providing expedited partner therapy to that patient under s. 448.035 or 461.035. The information sheet shall include information about sexually transmitted diseases and their treatment and about the risk of drug allergies. The information sheet shall also include a statement advising a person with questions about the information to contact his or her physician, pharmacist, or local health department, as defined in s. 250.01 (4).

AB575,6 Section 6. 48.981 (2m) (b) 1. of the statutes is amended to read:

AB575,5,3 48.981 (2m) (b) 1. “Health care provider" means a physician, as defined under s. 448.01 (5), a physician assistant, as defined under s. 448.01 (6) 461.01 (3), or a nurse holding a license under s. 441.06 (1) or a license under s. 441.10.

AB575,7 Section 7 . 49.45 (9r) (a) 7. a. of the statutes is amended to read:

AB575,5,6 49.45 (9r) (a) 7. a. A physician or physician assistant licensed under subch. II of ch. 448.

AB575,8 Section 8 . 49.45 (9r) (a) 7. am. of the statutes is created to read:

AB575,5,8 49.45 (9r) (a) 7. am. A physician assistant licensed under ch. 461.

AB575,9 Section 9. 50.01 (4p) of the statutes is repealed.

AB575,10 Section 10. 50.08 (2) of the statutes is amended to read:

AB575,5,15 50.08 (2) A physician, an advanced practice nurse prescriber certified under s. 441.16 (2), or a physician assistant licensed under ch. 448, who prescribes a psychotropic medication to a nursing home resident who has degenerative brain disorder shall notify the nursing home if the prescribed medication has a boxed warning under 21 CFR 201.57.

AB575,11 Section 11. 50.39 (3) of the statutes is amended to read:

AB575,5,25 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physician assistant examining board, physical therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

AB575,12 Section 12. 50.60 (1) of the statutes is amended to read:

AB575,6,3 50.60 (1) “Health care provider" has the meaning given in s. 146.81 (1) (a) to (hp) (hr).

AB575,13 Section 13 . 55.14 (8) (b) of the statutes is amended to read:

AB575,6,15 55.14 (8) (b) Order the individual to comply with the treatment plan under par. (a). The order shall provide that if the individual fails to comply with provisions of the treatment plan that require the individual to take psychotropic medications, the medications may be administered involuntarily with consent of the guardian. The order shall specify the methods of involuntary administration of psychotropic medication to which the guardian may consent. An order authorizing the forcible restraint of an individual shall specify that a person licensed under s. 441.06, 441.10, or 448.05 (2) or (5), or 461.07 shall be present at all times that psychotropic medication is administered in this manner and shall require the person or facility using forcible restraint to maintain records stating the date of each administration, the medication administered, and the method of forcible restraint utilized.

AB575,14 Section 14 . 69.01 (6g) of the statutes is amended to read:

AB575,6,19 69.01 (6g) “Date of death" means the date that a person is pronounced dead by a physician, coroner, deputy coroner, medical examiner, deputy medical examiner, physician assistant, or hospice nurse.

AB575,15 Section 15 . 69.18 (1) (ck) of the statutes is created to read:

AB575,6,24 69.18 (1) (ck) For purposes of preparation of the certificate of death and in accordance with accepted medical standards, a physician assistant who is directly involved with the care of a patient who dies may pronounce the date, time, and place of the patient's death.

AB575,16 Section 16. 70.47 (8) (intro.) of the statutes is amended to read:

AB575,7,13 70.47 (8) Hearing. (intro.) The board shall hear upon oath all persons who appear before it in relation to the assessment. Instead of appearing in person at the hearing, the board may allow the property owner, or the property owner's representative, at the request of either person, to appear before the board, under oath, by telephone or to submit written statements, under oath, to the board. The board shall hear upon oath, by telephone, all ill or disabled persons who present to the board a letter from a physician, osteopath, physician assistant, as defined in s. 448.01 (6), or advanced practice nurse prescriber certified under s. 441.16 (2) that confirms their illness or disability. At the request of the property owner or the property owner's representative, the board may postpone and reschedule a hearing under this subsection, but may not postpone and reschedule a hearing more than once during the same session for the same property. The board at such hearing shall proceed as follows:

AB575,17 Section 17. 97.67 (5m) (a) 3. of the statutes is amended to read:

AB575,7,15 97.67 (5m) (a) 3. A physician assistant licensed under subch. II of ch. 448 461.

AB575,18 Section 18. 118.2925 (1) (f) of the statutes is amended to read:

AB575,7,18 118.2925 (1) (f) “Physician assistant" means a person licensed under s. 448.04 (1) (f) 461.07.

AB575,19 Section 19. 146.38 (1) (b) 1. of the statutes is amended to read:

AB575,7,20 146.38 (1) (b) 1. A person specified in s. 146.81 (1) (a) to (hp) (hr), (r), or (s).

AB575,20 Section 20. 146.81 (1) (d) of the statutes is amended to read:

AB575,7,23 146.81 (1) (d) A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

AB575,21 Section 21. 146.81 (1) (hr) of the statutes is created to read:

AB575,7,25 146.81 (1) (hr) A physician assistant licensed under ch. 461.

AB575,22 Section 22. 146.81 (1) (i) of the statutes is amended to read:

AB575,8,3 146.81 (1) (i) A partnership of any providers specified under pars. (a) to (hp) (hr).

AB575,23 Section 23. 146.81 (1) (j) of the statutes is amended to read:

AB575,8,6 146.81 (1) (j) A corporation or limited liability company of any providers specified under pars. (a) to (hp) (hr) that provides health care services.

AB575,24 Section 24. 146.82 (3) (a) of the statutes is amended to read:

AB575,8,14 146.82 (3) (a) Notwithstanding sub. (1), a physician, physician assistant, as defined in s. 448.01 (6), or advanced practice nurse prescriber certified under s. 441.16 (2) who treats a patient whose physical or mental condition in the physician's, physician assistant's, or advanced practice nurse prescriber's judgment affects the patient's ability to exercise reasonable and ordinary control over a motor vehicle may report the patient's name and other information relevant to the condition to the department of transportation without the informed consent of the patient.

AB575,25 Section 25. 146.89 (1) (r) 1. of the statutes is amended to read:

AB575,8,20 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448 461, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III of ch. 448.

AB575,26 Section 26. 146.997 (1) (d) 5. of the statutes is amended to read:

AB575,8,24 146.997 (1) (d) 5. An occupational therapist, occupational therapy assistant, physician assistant or respiratory care practitioner licensed or certified under ch. 448.

AB575,27 Section 27. 146.997 (1) (d) 13m. of the statutes is created to read:

AB575,9,1 146.997 (1) (d) 13m. A physician assistant licensed under ch. 461.

AB575,28 Section 28. 155.01 (7) of the statutes is amended to read:

AB575,9,13 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physician assistant licensed under ch. 461, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB575,29 Section 29. 180.1901 (1m) (h) of the statutes is created to read:

AB575,9,15 180.1901 (1m) (h) Physician assistant examining board under ch. 461.

AB575,30 Section 30. 252.01 (5) of the statutes is repealed.

AB575,31 Section 31. 252.15 (1) (am) of the statutes is amended to read:

AB575,9,20 252.15 (1) (am) “Health care professional" means a physician or physician assistant who is licensed under ch. 448 or, a registered nurse or licensed practical nurse who is licensed under ch. 441, or a physician assistant licensed under ch. 461.

AB575,32 Section 32. 252.15 (1) (ar) 1. of the statutes is amended to read:

AB575,9,23 252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1) (a) to (hm), (hr), and (i) to (p).

AB575,33 Section 33. 255.07 (1) (d) of the statutes is amended to read:

AB575,10,3 255.07 (1) (d) “Health care practitioner" means a physician, a physician assistant licensed under s. 448.04 (1) (f), or an advanced practice nurse who is certified to issue prescription orders under s. 441.16.

AB575,34 Section 34. 255.07 (7) of the statutes is amended to read:

AB575,10,8 255.07 (7) Health care providers. Nothing in this section prohibits a health care provider, as defined in s. 146.81 (1) (a) to (hp) (hr) and (q) to (s), from acting within the scope of practice of the health care provider's license, certificate, permit, or registration.

AB575,35 Section 35. 257.01 (5) (a) of the statutes is amended to read:

AB575,10,15 257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a physician assistant under ch. 461, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448.

AB575,36 Section 36. 257.01 (5) (b) of the statutes is amended to read:

AB575,10,25 257.01 (5) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a physician assistant under ch. 461 or as a physician assistant under ch. 448, 2017 stats., licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

AB575,37 Section 37. 343.16 (5) (a) of the statutes is amended to read:

AB575,11,24 343.16 (5) (a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease, or any other condition that might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. If the department requires the applicant to submit to an examination, the applicant shall pay for the examination. If the department receives an application for a renewal or duplicate license after voluntary surrender under s. 343.265 or receives a report from a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q) (d).

AB575,38 Section 38. 440.035 (2m) (b) of the statutes is amended to read:

AB575,12,5 440.035 (2m) (b) The medical examining board, the physician assistant examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.

AB575,39 Section 39 . 440.035 (2m) (c) 1. (intro.) of the statutes is amended to read:

AB575,12,11 440.035 (2m) (c) 1. (intro.) The medical examining board, the physician assistant examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by November 1, 2018, and annually thereafter of each year, submit a report to the persons specified in subd. 2. that does all of the following:

AB575,40 Section 40. 448.01 (6) of the statutes is repealed.

AB575,41 Section 41. 448.015 (4) (am) 2. of the statutes is amended to read:

AB575,12,15 448.015 (4) (am) 2. Any act by a physician or physician assistant in violation of ch. 450 or 961.

AB575,42 Section 42. 448.02 (1) of the statutes is amended to read:

AB575,12,20 448.02 (1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery, to practice as an administrative physician, to practice perfusion, and to practice as an anesthesiologist assistant, and to practice as a physician assistant.

AB575,43 Section 43. 448.03 (1) (b) of the statutes is repealed.

AB575,44 Section 44. 448.03 (2) (a) of the statutes is amended to read:

AB575,13,4 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, to practice as a physician assistant under ch. 461, or as otherwise provided by statute.

AB575,45 Section 45. 448.03 (2) (e) of the statutes is amended to read:

AB575,13,9 448.03 (2) (e) Any person other than a physician assistant or an anesthesiologist assistant who is providing patient services as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the implementation of the patient services rendered.

AB575,46 Section 46. 448.03 (2) (k) of the statutes is amended to read:

AB575,13,12 448.03 (2) (k) Any persons, other than physician assistants, anesthesiologist assistants, or perfusionists, who assist physicians.

AB575,47 Section 47. 448.03 (3) (e) of the statutes is repealed.

AB575,48 Section 48 . 448.03 (5) (b) of the statutes is amended to read:

AB575,13,16 448.03 (5) (b) No physician or physician assistant shall be liable for any civil damages for either of the following:

AB575,13,20 1. Reporting in good faith to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient which in the physician's or physician assistant's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

AB575,13,25 2. In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient which in the physician's or physician assistant's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

AB575,49 Section 49. 448.035 (2) to (4) of the statutes are amended to read:

AB575,14,15 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician, physician assistant, or certified advanced practice nurse prescriber may provide expedited partner therapy if the patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician, physician assistant, or certified advanced practice nurse prescriber shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the physician , physician assistant, or certified advanced practice nurse prescriber is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."

AB575,14,20 (3) The physician, physician assistant, or certified advanced practice nurse prescriber shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

AB575,14,25 (4) (a) Except as provided in par. (b), a physician , physician assistant, or certified advanced practice nurse prescriber is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

AB575,15,4 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician , physician assistant, or certified advanced practice nurse prescriber whose act or omission involves reckless, wanton, or intentional misconduct.