SB249: Bill Text

SB249,116 Section 116 . 450.03 (1) (e) of the statutes is amended to read:

SB249,54,4 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or , practical, or advanced practice registered nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

SB249,117 Section 117 . 450.11 (1i) (a) 1. of the statutes is amended to read:

SB249,54,16 450.11 (1i) (a) 1. A pharmacist may, upon and in accordance with the prescription order of an advanced practice registered nurse prescriber under s. 441.18 (2) (a) 1., or of a physician or physician assistant under s. 448.037 (2) (a) 1., that complies with the requirements of sub. (1), deliver an opioid antagonist to a person specified in the prescription order and may, upon and in accordance with the standing order of an advanced practice registered nurse prescriber under s. 441.18 (2) (a) 2., or of a physician or physician assistant under s. 448.037 (2) (a) 2., that complies with the requirements of sub. (1), deliver an opioid antagonist to an individual in accordance with the order. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the delivery of a prescription to the person to whom the opioid antagonist is delivered.

SB249,118 Section 118 . 450.11 (1i) (b) 2. b. of the statutes is amended to read:

SB249,54,20 450.11 (1i) (b) 2. b. An advanced practice registered nurse prescriber may only deliver or dispense an opioid antagonist in accordance with s. 441.18 (2) or in accordance with his or her other legal authority to dispense prescription drugs.

SB249,119 Section 119 . 450.11 (7) (b) of the statutes is amended to read:

SB249,54,25 450.11 (7) (b) Information communicated to a physician, physician assistant, or advanced practice registered nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.

SB249,120 Section 120. 450.11 (8) (e) of the statutes is amended to read:

SB249,55,3 450.11 (8) (e) The board of nursing, insofar as this section applies to advanced practice nurse prescribers registered nurses.

SB249,121 Section 121 . 450.13 (5) (b) of the statutes is amended to read:

SB249,55,8 450.13 (5) (b) The patient's advanced practice registered nurse prescriber, if the advanced practice registered nurse prescriber has entered into a written agreement to collaborate with a physician holds a permit to issue prescription orders under s. 441.09 (2).

SB249,122 Section 122 . 450.135 (7) (b) of the statutes is amended to read:

SB249,55,13 450.135 (7) (b) The patient's advanced practice registered nurse prescriber, if the advanced practice registered nurse prescriber has entered into a written agreement to collaborate with a physician holds a permit to issue prescription orders under s. 441.09 (2).

SB249,123 Section 123 . 462.04 of the statutes is amended to read:

SB249,55,22 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice registered nurse certified licensed under s. 441.16 (2) 441.09, a physician assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist licensed under s. 448.53.

SB249,124 Section 124. 655.001 (7t) of the statutes is amended to read:

SB249,56,3 655.001 (7t) “Health care practitioner" means a health care professional, as defined in s. 180.1901 (1m), who is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.

SB249,125 Section 125 . 655.001 (9) of the statutes is amended to read:

SB249,56,10 655.001 (9) “Nurse anesthetist" means a nurse an individual who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k), and who is certified as a nurse anesthetist by the American association of nurse anesthetists as an advanced practice registered nurse and possesses a certified registered nurse anesthetist specialty designation under s. 441.09.

SB249,126 Section 126 . 655.005 (2) (a) of the statutes is amended to read:

SB249,56,15 655.005 (2) (a) An employee of a health care provider if the employee is a physician or a nurse anesthetist or is a health care practitioner who is providing health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.

SB249,127 Section 127 . 961.01 (19) (a) of the statutes is amended to read:

SB249,56,22 961.01 (19) (a) A physician, advanced practice registered nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

SB249,128 Section 128 . 961.395 of the statutes is amended to read:

SB249,57,2 961.395 Limitation on advanced practice registered nurses. (1) An advanced practice registered nurse who is certified holds a permit to issue prescription orders under s. 441.16 441.09 (2) may prescribe controlled substances only as permitted by the rules promulgated under s. 441.16 (3) 441.09 (6) (d).

SB249,57,6 (2) An advanced practice registered nurse certified under s. 441.16 who holds a permit to issue prescription orders under s. 441.09 (2) shall include with each prescription order the advanced practice nurse prescriber certification permit number issued to him or her by the board of nursing.

SB249,57,10 (3) An advanced practice registered nurse certified under s. 441.16 who holds a permit to issue prescription orders under s. 441.09 (2) may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under s. 441.16 (3) 441.09 (6) (d).

SB249,129 Section 129 . Nonstatutory provisions.

SB249,57,21 (1) Using the procedure under s. 227.24, the board of nursing may promulgate rules under ch. 441 that are necessary to implement the changes in this act. Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), the effective period of a rule promulgated under this subsection is for 2 years after its promulgation, or until permanent rules take effect, whichever is sooner, and the effective period may not be further extended under s. 227.24 (2).

SB249,130 Section 130 . Effective dates. This act takes effect on March 1, 2022, except as follows:

SB249,57,24 (1) Section 129 (1 ) of this act takes effect on the day after publication.

SB249,57,25 (End)