SB249,10
6Section 10
. 46.03 (44) of the statutes is amended to read:
SB249,7,157
46.03
(44) Sexually transmitted disease treatment information. Prepare and
8keep current an information sheet to be distributed to a patient by a physician,
a 9physician assistant, or
certified an advanced practice
registered nurse
prescriber 10who holds a permit to issue prescription orders under s. 441.09 (2) providing
11expedited partner therapy to that patient under s. 448.035. The information sheet
12shall include information about sexually transmitted diseases and their treatment
13and about the risk of drug allergies. The information sheet shall also include a
14statement advising a person with questions about the information to contact his or
15her physician, pharmacist, or local health department, as defined in s. 250.01 (4).
SB249,11
16Section
11. 50.01 (1b) of the statutes is repealed.
SB249,12
17Section 12
. 50.08 (2) of the statutes is amended to read:
SB249,7,2318
50.08
(2) A physician, an advanced practice
registered nurse
prescriber 19certified who holds a permit to issue prescription orders under s.
441.16
441.09 (2),
20or a physician assistant licensed under ch. 448, who prescribes a psychotropic
21medication to a nursing home resident who has degenerative brain disorder shall
22notify the nursing home if the prescribed medication has a boxed warning under
21
23CFR 201.57.
SB249,13
24Section 13
. 50.09 (1) (a) (intro.) of the statutes is amended to read:
SB249,8,8
150.09
(1) (a) (intro.) Private and unrestricted communications with the
2resident's family, physician, physician assistant, advanced practice
registered nurse
3prescriber, attorney, and any other person, unless medically contraindicated as
4documented by the resident's physician, physician assistant, or advanced practice
5registered nurse
prescriber in the resident's medical record, except that
6communications with public officials or with the resident's attorney shall not be
7restricted in any event. The right to private and unrestricted communications shall
8include, but is not limited to, the right to:
SB249,14
9Section 14
. 50.09 (1) (f) 1. of the statutes is amended to read:
SB249,8,1410
50.09
(1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses
11or both domestic partners under ch. 770 are residents of the same facility, the spouses
12or domestic partners shall be permitted to share a room unless medically
13contraindicated as documented by the resident's physician, physician assistant, or
14advanced practice
registered nurse
prescriber in the resident's medical record.
SB249,15
15Section 15
. 50.09 (1) (h) of the statutes is amended to read:
SB249,8,1916
50.09
(1) (h) Meet with, and participate in activities of social, religious, and
17community groups at the resident's discretion, unless medically contraindicated as
18documented by the resident's physician, physician assistant, or advanced practice
19registered nurse
prescriber in the resident's medical record.
SB249,16
20Section 16
. 50.09 (1) (k) of the statutes is amended to read:
SB249,9,721
50.09
(1) (k) Be free from mental and physical abuse, and be free from chemical
22and physical restraints except as authorized in writing by a physician, physician
23assistant, or advanced practice
registered nurse
prescriber for a specified and
24limited period of time and documented in the resident's medical record. Physical
25restraints may be used in an emergency when necessary to protect the resident from
1injury to himself or herself or others or to property. However, authorization for
2continuing use of the physical restraints shall be secured from a physician, physician
3assistant, or advanced practice
registered nurse
prescriber within 12 hours. Any use
4of physical restraints shall be noted in the resident's medical records. “
Physical
5restraints" includes, but is not limited to, any article, device, or garment that
6interferes with the free movement of the resident and that the resident is unable to
7remove easily, and confinement in a locked room.
SB249,17
8Section 17
. 50.49 (1) (b) (intro.) of the statutes is amended to read:
SB249,9,179
50.49
(1) (b) (intro.) “Home health services" means the following items and
10services that are furnished to an individual, who is under the care of a physician,
11physician assistant, or advanced practice
registered nurse
prescriber, by a home
12health agency, or by others under arrangements made by the home health agency,
13that are under a plan for furnishing those items and services to the individual that
14is established and periodically reviewed by a physician, physician assistant, or
15advanced practice
registered nurse
prescriber and that are, except as provided in
16subd. 6., provided on a visiting basis in a place of residence used as the individual's
17home:
SB249,18
18Section 18
. 51.41 (1d) (b) 4. of the statutes is amended to read:
SB249,9,2519
51.41
(1d) (b) 4. A psychiatric mental health advanced practice
registered 20nurse who is suggested by the Milwaukee County board of supervisors. The
21Milwaukee County board of supervisors shall solicit suggestions from organizations
22including the Wisconsin Nurses Association for individuals who specialize in a full
23continuum of behavioral health and medical services including emergency
24detention, inpatient, residential, transitional, partial hospitalization, intensive
25outpatient, and wraparound community-based services. The Milwaukee County
1board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric
2mental health advanced practice
registered nurses for this board membership
3position.
SB249,19
4Section 19
. 70.47 (8) (intro.) of the statutes is amended to read:
SB249,10,175
70.47
(8) Hearing. (intro.) The board shall hear upon oath all persons who
6appear before it in relation to the assessment. Instead of appearing in person at the
7hearing, the board may allow the property owner, or the property owner's
8representative, at the request of either person, to appear before the board, under
9oath, by telephone or to submit written statements, under oath, to the board. The
10board shall hear upon oath, by telephone, all ill or disabled persons who present to
11the board a letter from a physician,
osteopath, physician assistant, as defined in s.
12448.01 (6), or advanced practice
registered nurse
prescriber certified under s. 441.16
13(2) licensed under ch. 441 that confirms their illness or disability. At the request of
14the property owner or the property owner's representative, the board may postpone
15and reschedule a hearing under this subsection, but may not postpone and
16reschedule a hearing more than once during the same session for the same property.
17The board at such hearing shall proceed as follows:
SB249,20
18Section 20
. 77.54 (14) (f) 3. of the statutes is repealed.
SB249,21
19Section 21
. 77.54 (14) (f) 4. of the statutes is amended to read:
SB249,10,2120
77.54
(14) (f) 4. An advanced practice
registered nurse
who holds a permit to
21issue prescription orders under s. 441.09 (2).
SB249,22
22Section 22
. 97.59 of the statutes is amended to read:
SB249,11,10
2397.59 Handling foods. No person in charge of any public eating place or other
24establishment where food products to be consumed by others are handled may
25knowingly employ any person handling food products who has a disease in a form
1that is communicable by food handling. If required by the local health officer or any
2officer of the department for the purposes of an investigation, any person who is
3employed in the handling of foods or is suspected of having a disease in a form that
4is communicable by food handling shall submit to an examination by the officer or
5by a physician, physician assistant, or advanced practice
registered nurse
prescriber 6designated by the officer. The expense of the examination, if any, shall be paid by the
7person examined. Any person knowingly infected with a disease in a form that is
8communicable by food handling who handles food products to be consumed by others
9and any persons knowingly employing or permitting such a person to handle food
10products to be consumed by others shall be punished as provided by s. 97.72.
SB249,23
11Section 23
. 102.13 (1) (a) of the statutes is amended to read:
SB249,11,2312
102.13
(1) (a) Except as provided in sub. (4), whenever compensation is claimed
13by an employee, the employee shall, upon the written request of the employee's
14employer or worker's compensation insurer, submit to reasonable examinations by
15physicians, chiropractors, psychologists, dentists, physician assistants, advanced
16practice
nurse prescribers registered nurses, or podiatrists provided and paid for by
17the employer or insurer. No employee who submits to an examination under this
18paragraph is a patient of the examining physician, chiropractor, psychologist,
19dentist, physician assistant, advanced practice
registered nurse
prescriber, or
20podiatrist for any purpose other than for the purpose of bringing an action under ch.
21655, unless the employee specifically requests treatment from that physician,
22chiropractor, psychologist, dentist, physician assistant, advanced practice
registered 23nurse
prescriber, or podiatrist.
SB249,24
24Section 24
. 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
25read:
SB249,12,14
1102.13
(1) (b) (intro.) An employer or insurer who requests that an employee
2submit to reasonable examination under par. (a) or (am) shall tender to the employee,
3before the examination, all necessary expenses including transportation expenses.
4The employee is entitled to have a physician, chiropractor, psychologist, dentist,
5physician assistant, advanced practice
registered nurse
prescriber, or podiatrist
6provided by himself or herself present at the examination and to receive a copy of all
7reports of the examination that are prepared by the examining physician,
8chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced
9practice
registered nurse
prescriber, or vocational expert immediately upon receipt
10of those reports by the employer or worker's compensation insurer. The employee is
11also entitled to have a translator provided by himself or herself present at the
12examination if the employee has difficulty speaking or understanding the English
13language. The employer's or insurer's written request for examination shall notify
14the employee of all of the following:
SB249,12,1815
1. The proposed date, time, and place of the examination and the identity and
16area of specialization of the examining physician, chiropractor, psychologist, dentist,
17podiatrist, physician assistant, advanced practice
registered nurse
prescriber, or
18vocational expert.
SB249,12,2119
3. The employee's right to have his or her physician, chiropractor, psychologist,
20dentist, physician assistant, advanced practice
registered nurse
prescriber, or
21podiatrist present at the examination.
SB249,13,222
4. The employee's right to receive a copy of all reports of the examination that
23are prepared by the examining physician, chiropractor, psychologist, dentist,
24podiatrist, physician assistant, advanced practice
registered nurse
prescriber, or
1vocational expert immediately upon receipt of these reports by the employer or
2worker's compensation insurer.
SB249,25
3Section 25
. 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
SB249,13,74
102.13
(1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
5physician assistant, advanced practice
registered nurse
prescriber, or vocational
6expert who is present at any examination under par. (a) or (am) may be required to
7testify as to the results of the examination.
SB249,13,128
2. Any physician, chiropractor, psychologist, dentist, physician assistant,
9advanced practice
registered nurse
prescriber, or podiatrist who attended a worker's
10compensation claimant for any condition or complaint reasonably related to the
11condition for which the claimant claims compensation may be required to testify
12before the division when the division so directs.
SB249,13,1913
3. Notwithstanding any statutory provisions except par. (e), any physician,
14chiropractor, psychologist, dentist, physician assistant, advanced practice
registered 15nurse
prescriber, or podiatrist attending a worker's compensation claimant for any
16condition or complaint reasonably related to the condition for which the claimant
17claims compensation may furnish to the employee, employer, worker's compensation
18insurer, department, or division information and reports relative to a compensation
19claim.
SB249,13,2420
4. The testimony of any physician, chiropractor, psychologist, dentist,
21physician assistant, advanced practice
registered nurse
prescriber, or podiatrist who
22is licensed to practice where he or she resides or practices in any state and the
23testimony of any vocational expert may be received in evidence in compensation
24proceedings.
SB249,26
25Section
26. 102.13 (2) (a) of the statutes is amended to read:
SB249,14,11
1102.13
(2) (a) An employee who reports an injury alleged to be work-related
2or files an application for hearing waives any physician-patient,
3psychologist-patient, or chiropractor-patient privilege with respect to any condition
4or complaint reasonably related to the condition for which the employee claims
5compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
6physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
7advanced practice
registered nurse
prescriber, hospital, or health care provider
8shall, within a reasonable time after written request by the employee, employer,
9worker's compensation insurer, department, or division, or its representative,
10provide that person with any information or written material reasonably related to
11any injury for which the employee claims compensation.
SB249,27
12Section 27
. 102.13 (2) (b) of the statutes is amended to read:
SB249,14,2313
102.13
(2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
14physician assistant, advanced practice
registered nurse
prescriber, hospital, or
15health service provider shall furnish a legible, certified duplicate of the written
16material requested under par. (a) in paper format upon payment of the actual costs
17of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
18$7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
19duplicate of that material in electronic format upon payment of $26 per request. Any
20person who refuses to provide certified duplicates of written material in the person's
21custody that is requested under par. (a) shall be liable for reasonable and necessary
22costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
23enforcing the requester's right to the duplicates under par. (a).
SB249,28
24Section 28
. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
SB249,15,21
1102.17
(1) (d) 1. The contents of certified medical and surgical reports by
2physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
3advanced practice
nurse prescribers registered nurses, and chiropractors licensed in
4and practicing in this state, and of certified reports by experts concerning loss of
5earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
6constitute prima facie evidence as to the matter contained in those reports, subject
7to any rules and limitations the division prescribes. Certified reports of physicians,
8podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
9practice
nurse prescribers registered nurses, and chiropractors, wherever licensed
10and practicing, who have examined or treated the claimant, and of experts, if the
11practitioner or expert consents to being subjected to cross-examination, also
12constitute prima facie evidence as to the matter contained in those reports. Certified
13reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
14admissible as evidence of the diagnosis, necessity of the treatment, and cause and
15extent of the disability. Certified reports by doctors of dentistry, physician
16assistants, and advanced practice
nurse prescribers
registered nurses are
17admissible as evidence of the diagnosis and necessity of treatment but not of the
18cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
19psychologist, chiropractor, physician assistant, advanced practice
registered nurse
20prescriber, or expert who knowingly makes a false statement of fact or opinion in a
21certified report may be fined or imprisoned, or both, under s. 943.395.
SB249,16,422
2. The record of a hospital or sanatorium in this state that is satisfactory to the
23division, established by certificate, affidavit, or testimony of the supervising officer
24of the hospital or sanatorium, any other person having charge of the record, or a
25physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
1practice
registered nurse
prescriber, or chiropractor to be the record of the patient
2in question, and made in the regular course of examination or treatment of the
3patient, constitutes prima facie evidence as to the matter contained in the record, to
4the extent that the record is otherwise competent and relevant.
SB249,29
5Section 29
. 102.29 (3) of the statutes is amended to read:
SB249,16,106
102.29
(3) Nothing in this chapter shall prevent an employee from taking the
7compensation that the employee may be entitled to under this chapter and also
8maintaining a civil action against any physician, chiropractor, psychologist, dentist,
9physician assistant, advanced practice
registered nurse
prescriber, or podiatrist for
10malpractice.
SB249,30
11Section 30
. 102.42 (2) (a) of the statutes is amended to read:
SB249,16,2412
102.42
(2) (a) When the employer has notice of an injury and its relationship
13to the employment, the employer shall offer to the injured employee his or her choice
14of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
15practice
registered nurse
prescriber, or podiatrist licensed to practice and practicing
16in this state for treatment of the injury. By mutual agreement, the employee may
17have the choice of any qualified practitioner not licensed in this state. In case of
18emergency, the employer may arrange for treatment without tendering a choice.
19After the emergency has passed the employee shall be given his or her choice of
20attending practitioner at the earliest opportunity. The employee has the right to a
212nd choice of attending practitioner on notice to the employer or its insurance carrier.
22Any further choice shall be by mutual agreement. Partners and clinics are
23considered to be one practitioner. Treatment by a practitioner on referral from
24another practitioner is considered to be treatment by one practitioner.
SB249,31
25Section
31. 106.30 (1) of the statutes is amended to read:
SB249,17,5
1106.30
(1) Definition. In this section, “nurse" means a registered nurse
2licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse
3licensed or permitted under s. 441.10,
or an advanced practice
registered nurse
4prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s.
441.15 5441.09.
SB249,32
6Section 32
. 118.15 (3) (a) of the statutes is amended to read:
SB249,17,177
118.15
(3) (a) Any child who is excused by the school board because the child
8is temporarily not in proper physical or mental condition to attend a school program
9but who can be expected to return to a school program upon termination or
10abatement of the illness or condition. The school attendance officer may request the
11parent or guardian of the child to obtain a written statement from a licensed
12physician, dentist, chiropractor, optometrist, psychologist, physician assistant, or
13nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice
14registered nurse
prescriber or Christian Science practitioner living and residing in
15this state, who is listed in the Christian Science Journal, as sufficient proof of the
16physical or mental condition of the child. An excuse under this paragraph shall be
17in writing and shall state the time period for which it is valid, not to exceed 30 days.
SB249,33
18Section 33
. 118.25 (1) (a) of the statutes is amended to read:
SB249,17,2219
118.25
(1) (a) “Practitioner" means a person licensed as a physician or as a
20physician assistant in any state or licensed
as an advanced practice registered nurse 21or certified as an advanced practice
registered nurse prescriber in any state. In this
22paragraph, “physician” has the meaning given in s. 448.01 (5).
SB249,34
23Section 34
. 118.29 (1) (e) of the statutes is amended to read:
SB249,18,3
1118.29
(1) (e) “Practitioner" means any physician, dentist, optometrist,
2physician assistant, advanced practice
registered nurse
prescriber with prescribing
3authority, or podiatrist licensed in any state.
SB249,35
4Section
35. 118.2925 (1) (b) of the statutes is repealed.
SB249,36
5Section 36
. 118.2925 (3) of the statutes is amended to read:
SB249,18,106
118.2925
(3) Prescriptions for schools. A physician, an advanced practice
7registered nurse
prescriber
who holds a permit to issue prescription orders under s.
8441.09 (2), or a physician assistant may prescribe epinephrine auto-injectors in the
9name of a school that has adopted a plan under sub. (2) (a), to be maintained by the
10school for use under sub. (4).
SB249,37
11Section 37
. 118.2925 (4) (c) of the statutes is amended to read:
SB249,18,2412
118.2925
(4) (c) Administer an epinephrine auto-injector to a pupil or other
13person who the school nurse or designated school personnel in good faith believes is
14experiencing anaphylaxis in accordance with a standing protocol from a physician,
15an advanced practice
registered nurse
prescriber who holds a permit to issue
16prescription orders under s. 441.09 (2), or a physician assistant, regardless of
17whether the pupil or other person has a prescription for an epinephrine
18auto-injector. If the pupil or other person does not have a prescription for an
19epinephrine auto-injector, or the person who administers the epinephrine
20auto-injector does not know whether the pupil or other person has a prescription for
21an epinephrine auto-injector, the person who administers the epinephrine
22auto-injector shall, as soon as practicable, report the administration by dialing the
23telephone number “911" or, in an area in which the telephone number “911" is not
24available, the telephone number for an emergency medical service provider.
SB249,38
25Section 38
. 118.2925 (5) of the statutes is amended to read:
SB249,19,12
1118.2925
(5) Immunity from civil liability; exemption from practice of
2medicine. A school and its designated school personnel, and a physician,
an advanced
3practice
registered nurse
prescriber who holds a permit to issue prescription orders
4under s. 441.09 (2), or
a physician assistant who provides a prescription or standing
5protocol for school epinephrine auto-injectors, are not liable for any injury that
6results from the administration or self-administration of an epinephrine
7auto-injector under this section, regardless of whether authorization was given by
8the pupil's parent or guardian or by the pupil's physician, physician assistant, or
9advanced practice
registered nurse
prescriber, unless the injury is the result of an
10act or omission that constitutes gross negligence or willful or wanton misconduct.
11The immunity from liability provided under this subsection is in addition to and not
12in lieu of that provided under s. 895.48.
SB249,39
13Section 39
. 146.343 (1) (c) of the statutes is amended to read:
SB249,19,1714
146.343
(1) (c) “Nurse-midwife" means an individual who is licensed
to engage
15in the practice of nurse-midwifery under s. 441.15 (3) (a) as an advanced practice
16registered nurse and possesses a certified nurse-midwife specialty designation
17under s. 441.09.
SB249,40
18Section 40
. 146.82 (3) (a) of the statutes is amended to read:
SB249,20,219
146.82
(3) (a) Notwithstanding sub. (1), a physician, physician assistant, as
20defined in s. 448.01 (6), or advanced practice
registered nurse
prescriber certified 21under s. 441.16 (2) licensed under s. 441.09 who treats a patient whose physical or
22mental condition in the physician's, physician assistant's, or advanced practice
nurse
23prescriber's registered nurse's judgment affects the patient's ability to exercise
24reasonable and ordinary control over a motor vehicle may report the patient's name
1and other information relevant to the condition to the department of transportation
2without the informed consent of the patient.
SB249,41
3Section 41
. 146.89 (1) (r) 1. of the statutes is amended to read:
SB249,20,94
146.89
(1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental
5hygienist under ch. 447, a registered nurse, practical nurse, or
nurse-midwife 6advanced practice registered nurse under ch. 441, an optometrist under ch. 449, a
7physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under
8ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch.
9III of ch. 448.
SB249,42
10Section 42
. 146.89 (1) (r) 3. of the statutes is repealed.
SB249,43
11Section 43
. 146.89 (1) (r) 8. of the statutes is amended to read:
SB249,20,1312
146.89
(1) (r) 8. An advanced practice
registered nurse who
has holds a
13certificate permit to issue prescription orders under s.
441.16 441.09 (2).
SB249,44
14Section 44
. 146.89 (6) of the statutes is amended to read:
SB249,20,1815
146.89
(6) (a) While serving as a volunteer health care provider under this
16section, an advanced practice
registered nurse who
has holds a
certificate permit to
17issue prescription orders under s.
441.16 441.09 (2) is considered to meet the
18requirements of s. 655.23, if required to comply with s. 655.23.
SB249,20,2219
(b) While serving as a volunteer health care provider under this section, an
20advanced practice
registered nurse who
has holds a
certificate permit to issue
21prescription orders under s.
441.16 441.09 (2) is not required to maintain in effect
22malpractice insurance.
SB249,45
23Section
45. 252.01 (1c) of the statutes is repealed.
SB249,46
24Section 46
. 252.07 (8) (a) 2. of the statutes is amended to read:
SB249,21,4
1252.07
(8) (a) 2. The department or local health officer provides to the court a
2written statement from a physician, physician assistant, or advanced practice
3registered nurse
prescriber that the individual has infectious tuberculosis or suspect
4tuberculosis.
SB249,47
5Section 47
. 252.07 (9) (c) of the statutes is amended to read:
SB249,21,126
252.07
(9) (c) If the court orders confinement of an individual under this
7subsection, the individual shall remain confined until the department or local health
8officer, with the concurrence of a treating physician, physician assistant, or advanced
9practice
registered nurse
prescriber, determines that treatment is complete or that
10the individual is no longer a substantial threat to himself or herself or to the public
11health. If the individual is to be confined for more than 6 months, the court shall
12review the confinement every 6 months.
SB249,48
13Section 48
. 252.10 (7) of the statutes is amended to read:
SB249,21,1814
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
15shall be purchased by the department from the appropriation account under s.
1620.435 (1) (e) and dispensed to patients through the public health dispensaries, local
17health departments, physicians
, or advanced practice
nurse prescribers registered
18nurses who hold a permit to issue prescription orders under s. 441.09 (2).
SB249,49
19Section 49
. 252.11 (2), (4), (5), (7) and (10) of the statutes are amended to read:
SB249,22,520
252.11
(2) An officer of the department or a local health officer having
21knowledge of any reported or reasonably suspected case or contact of a sexually
22transmitted disease for which no appropriate treatment is being administered, or of
23an actual contact of a reported case or potential contact of a reasonably suspected
24case, shall investigate or cause the case or contact to be investigated as necessary.
25If, following a request of an officer of the department or a local health officer, a person
1reasonably suspected of being infected with a sexually transmitted disease refuses
2or neglects examination by a physician, physician assistant, or advanced practice
3registered nurse
prescriber or treatment, an officer of the department or a local
4health officer may proceed to have the person committed under sub. (5) to an
5institution or system of care for examination, treatment, or observation.
SB249,22,12
6(4) If a person infected with a sexually transmitted disease ceases or refuses
7treatment before reaching what in a physician's, physician assistant's, or advanced
8practice
nurse prescriber's registered nurse's opinion is the noncommunicable stage,
9the physician, physician assistant, or advanced practice
registered nurse
prescriber 10shall notify the department. The department shall without delay take the necessary
11steps to have the person committed for treatment or observation under sub. (5), or
12shall notify the local health officer to take these steps.
SB249,23,4
13(5) Any court of record may commit a person infected with a sexually
14transmitted disease to any institution or may require the person to undergo a system
15of care for examination, treatment, or observation if the person ceases or refuses
16examination, treatment, or observation under the supervision of a physician,
17physician assistant, or advanced practice
registered nurse
prescriber. The court
18shall summon the person to appear on a date at least 48 hours, but not more than
1996 hours, after service if an officer of the department or a local health officer petitions
20the court and states the facts authorizing commitment. If the person fails to appear
21or fails to accept commitment without reasonable cause, the court may cite the
22person for contempt. The court may issue a warrant and may direct the sheriff, any
23constable, or any police officer of the county immediately to arrest the person and
24bring the person to court if the court finds that a summons will be ineffectual. The
25court shall hear the matter of commitment summarily. Commitment under this
1subsection continues until the disease is no longer communicable or until other
2provisions are made for treatment that satisfy the department. The certificate of the
3petitioning officer is prima facie evidence that the disease is no longer communicable
4or that satisfactory provisions for treatment have been made.
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5(7) Reports, examinations and inspections
, and all records concerning sexually
6transmitted diseases are confidential and not open to public inspection, and may not
7be divulged except as may be necessary for the preservation of the public health, in
8the course of commitment proceedings under sub. (5), or as provided under s. 938.296
9(4) or 968.38 (4). If a physician, physician assistant, or advanced practice
registered 10nurse
prescriber has reported a case of sexually transmitted disease to the
11department under sub. (4), information regarding the presence of the disease and
12treatment is not privileged when the patient, physician, physician assistant, or
13advanced practice
registered nurse
prescriber is called upon to testify to the facts
14before any court of record.
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15(10) The state laboratory of hygiene shall examine specimens for the diagnosis
16of sexually transmitted diseases for any physician, physician assistant, advanced
17practice
registered nurse
prescriber, or local health officer in the state, and shall
18report the positive results of the examinations to the local health officer and to the
19department. All laboratories performing tests for sexually transmitted diseases
20shall report all positive results to the local health officer and to the department, with
21the name of the physician, physician assistant, or advanced practice
registered nurse
22prescriber to whom reported.
SB249,50
23Section 50
. 252.15 (3m) (d) 11. b. and 13., (5g) (c), (5m) (d) 2. and (e) 2. and 3.
24and (7m) (intro.) and (b) of the statutes are amended to read:
SB249,24,8
1252.15
(3m) (d) 11. b. The coroner, medical examiner, or appointed assistant
2is investigating the cause of death of the subject of the HIV test and has contact with
3the body fluid of the subject of the HIV test that constitutes a significant exposure,
4if a physician, physician assistant, or advanced practice
registered nurse
prescriber,
5based on information provided to the physician, physician assistant, or advanced
6practice
registered nurse
prescriber, determines and certifies in writing that the
7coroner, medical examiner, or appointed assistant has had a contact that constitutes
8a significant exposure and if the certification accompanies the request for disclosure.