SB866: Bill Text

SB866,6,2 2. Subdivision 1. may not be construed to authorize a naturopathic doctor to certify under sub. (2) (b) the cause of the patient's death.

SB866,11 Section 11 . 77.54 (14) (b) of the statutes is amended to read:

SB866,6,5 77.54 (14) (b) Furnished by a licensed physician, naturopathic doctor, surgeon, podiatrist, or dentist to a patient who is a human being for treatment of the patient.

SB866,12 Section 12 . 77.54 (14) (d) of the statutes is amended to read:

SB866,6,8 77.54 (14) (d) Sold to a licensed physician, naturopathic doctor, surgeon, podiatrist, dentist, or hospital for the treatment of a human being.

SB866,13 Section 13 . 77.54 (14) (f) 1m. of the statutes is created to read:

SB866,6,10 77.54 (14) (f) 1m. A naturopathic doctor.

SB866,14 Section 14 . 118.15 (3) (a) of the statutes is amended to read:

SB866,6,23 118.15 (3) (a) Any child who is excused by the school board because the child is temporarily not in proper physical or mental condition to attend a school program but who can be expected to return to a school program upon termination or abatement of the illness or condition. The school attendance officer may request the parent or guardian of the child to obtain a written statement from a licensed physician, naturopathic doctor, dentist, chiropractor, optometrist, psychologist, physician assistant, or nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice nurse prescriber or Christian Science practitioner living and residing in this state, who is listed in the Christian Science Journal, as sufficient proof of the physical or mental condition of the child. An excuse under this paragraph shall be in writing and shall state the time period for which it is valid, not to exceed 30 days.

SB866,15 Section 15 . 118.25 (1) (a) of the statutes is amended to read:

SB866,7,5 118.25 (1) (a) “Practitioner" means a person licensed as a physician, naturopathic doctor, naturopathic medical doctor, naturopathic physician, or as a physician assistant in any state or licensed or certified as an advanced practice nurse prescriber in any state. In this paragraph, “physician” has the meaning given in s. 448.01 (5).

SB866,16 Section 16 . 118.29 (1) (e) of the statutes is amended to read:

SB866,7,9 118.29 (1) (e) “Practitioner" means any physician, naturopathic doctor, naturopathic medical doctor, naturopathic physician, dentist, optometrist, physician assistant, advanced practice nurse prescriber, or podiatrist licensed in any state.

SB866,17 Section 17. 146.81 (1) (dc) of the statutes is created to read:

SB866,7,11 146.81 (1) (dc) A naturopathic doctor licensed under ch. 466.

SB866,18 Section 18 . 146.82 (3) (a) of the statutes is amended to read:

SB866,7,20 146.82 (3) (a) Notwithstanding sub. (1), a physician, naturopathic doctor, 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, naturopathic doctor'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.

SB866,19 Section 19 . 146.89 (1) (r) 1. of the statutes is amended to read:

SB866,8,2 146.89 (1) (r) 1. Licensed as a physician under ch. 448, naturopathic doctor under ch. 466, 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, 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.

SB866,20 Section 20. 146.997 (1) (d) 4m. of the statutes is created to read:

SB866,8,4 146.997 (1) (d) 4m. A naturopathic doctor licensed under ch. 466.

SB866,21 Section 21. 155.01 (7) of the statutes is amended to read:

SB866,8,16 155.01 (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 naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, 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).

SB866,22 Section 22. 180.1901 (1m) (h) of the statutes is created to read:

SB866,8,18 180.1901 (1m) (h) Naturopathic medicine examining board under ch. 466.

SB866,23 Section 23 . 252.11 (10) of the statutes is amended to read:

SB866,9,2 252.11 (10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician, naturopathic doctor, physician assistant, advanced practice nurse prescriber, or local health officer in the state, and shall report the positive results of the examinations to the local health officer and to the department. All laboratories performing tests for sexually transmitted diseases shall report all positive results to the local health officer and to the department, with the name of the physician, naturopathic doctor, physician assistant, or advanced practice nurse prescriber to whom reported.

SB866,24 Section 24. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.

SB866,25 Section 25. 252.14 (1) (ar) 4s. of the statutes is created to read:

SB866,9,5 252.14 (1) (ar) 4s. A naturopathic doctor licensed under ch. 466.

SB866,26 Section 26 . 255.06 (1) (d) of the statutes is amended to read:

SB866,9,11 255.06 (1) (d) “Nurse practitioner" means a registered nurse 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 whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, naturopathic doctor, dentist, or podiatrist.

SB866,27 Section 27 . 255.07 (1) (d) of the statutes is amended to read:

SB866,9,15 255.07 (1) (d) “Health care practitioner" means a physician, a naturopathic doctor, 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.

SB866,28 Section 28. 257.01 (5) (a) and (b) of the statutes are amended to read:

SB866,9,22 257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch. 466, 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 veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448.

SB866,9,25 (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 naturopathic doctor under ch. 466, 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 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.

SB866,29 Section 29. 440.03 (13) (b) 39g. of the statutes is created to read:

SB866,10,7 440.03 (13) (b) 39g. Naturopathic doctor.

SB866,30 Section 30. 440.08 (2) (a) 47g. of the statutes is created to read:

SB866,10,9 440.08 (2) (a) 47g. Naturopathic doctor: January 1 of each odd-numbered year.

SB866,31 Section 31. 446.02 (9) (e) of the statutes is created to read:

SB866,10,12 446.02 (9) (e) A naturopathic doctor acting within the scope of his or her license under ch. 466.

SB866,32 Section 32. 448.03 (2) (a) of the statutes is amended to read:

SB866,10,20 448.03 (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 naturopathic medicine under ch. 466, or as otherwise provided by statute.

SB866,33 Section 33 . 448.035 (2) to (4) of the statutes are amended to read:

SB866,11,10 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician, naturopathic doctor, 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, naturopathic doctor, 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, naturopathic doctor, 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."

SB866,11,15 (3) The physician, naturopathic doctor, 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.

SB866,11,20 (4) (a) Except as provided in par. (b), a physician, naturopathic doctor, 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.

SB866,11,24 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber whose act or omission involves reckless, wanton, or intentional misconduct.

SB866,34 Section 34 . 448.56 (1) of the statutes is amended to read:

SB866,12,15 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

SB866,35 Section 35 . 448.56 (1m) (b) of the statutes is amended to read:

SB866,12,22 448.56 (1m) (b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, naturopathic doctor, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

SB866,36 Section 36. 450.03 (1) (e) of the statutes is amended to read:

SB866,13,5 450.03 (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 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, to practice naturopathic medicine under ch. 466, or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

SB866,37 Section 37. 450.10 (3) (a) 12. of the statutes is created to read:

SB866,13,7 450.10 (3) (a) 12. A naturopathic doctor licensed under ch. 466.

SB866,38 Section 38 . 450.11 (7) (b) of the statutes is amended to read:

SB866,13,12 450.11 (7) (b) Information communicated to a physician, naturopathic doctor, physician assistant, or advanced practice nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.

SB866,39 Section 39. 450.11 (8) (f) of the statutes is created to read:

SB866,13,15 450.11 (8) (f) The naturopathic medicine examining board, insofar as this section applies to naturopathic doctors.

SB866,40 Section 40. 462.04 of the statutes is amended to read:

SB866,13,25 462.04 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 naturopathic doctor licensed under ch. 466, 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 nurse certified under s. 441.16 (2), 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.

SB866,41 Section 41. Chapter 466 of the statutes is created to read:

SB866,14,2 chapter 466

SB866,14,3 naturopathic MEDICINE

SB866,14,4 466.01 Definitions. In this chapter:

SB866,14,5 (1) “Board" means the naturopathic medicine examining board.

SB866,14,6 (2) “Drug” has the meaning given in s. 450.01 (10).

SB866,14,9 (3) “Minor office procedure" includes the methods for the repair and care incidental to superficial lacerations, superficial abrasions, and superficial lesions and the removal of foreign bodies located in the superficial tissues.

SB866,14,10 (4) “Naturopathic doctor" means an individual licensed under this chapter.

SB866,14,16 (5) (a) “Naturopathic medicine” means, except as provided in par. (b), a system of primary health care for the prevention, diagnosis, and treatment of human health conditions, injury, and disease; the promotion or restoration of health; and the support and stimulation of a patient's inherent self-healing processes through patient education and the use of naturopathic therapies and therapeutic substances, including all of the following:

SB866,14,20 1. Ordering and performing physical and laboratory examinations, for diagnostic purposes, consistent with naturopathic education and training, including diagnostic or evaluation methods, physical examinations, clinical laboratory tests, diagnostic sonography, electrocardiography, and phlebotomy.

SB866,14,21 2. Ordering diagnostic imaging studies.

SB866,14,22 3. Dispensing, administering, ordering, or performing any of the following:

SB866,14,23 a. Health education and health counseling.

SB866,15,3 b. Food, extracts of food, nutraceuticals, vitamins, amino acids, minerals, enzymes, botanical medicines, homeopathic medicines, dietary supplements, and nonprescription drug products.

SB866,15,5 c. Hot or cold hydrotherapy, naturopathic physical medicine, the use of therapeutic medical equipment, and therapeutic exercise.

SB866,15,7 d. Devices, including therapeutic devices, barrier contraception, and durable medical equipment.

SB866,15,9 e. Any other diagnostic, therapeutic, or other procedure authorized by rule under s. 466.03 (2) (a).

SB866,15,10 4. Prescribing, dispensing, and administering drugs, subject to s. 961.397.

SB866,15,11 5. Performing minor office procedures.

SB866,15,15 6. Signing and attesting to any certificates, cards, forms or other required documentation that a physician may sign, so long as it is within the naturopathic doctor's scope of practice. This subdivision does not supersede any federal or state statute, rule, or regulation.

SB866,15,16 (b) “Naturopathic medicine” does not include any of the following:

SB866,15,17 1. Performing any surgical procedure other than a minor office procedure.

SB866,15,18 2. Using general or spinal anesthetics.

SB866,15,19 3. Administering ionizing radioactive substances for therapeutic purposes.

SB866,15,21 4. Performing surgical procedures involving the eye, ear, tendons, nerves, veins, or arteries that extend beyond superficial tissue.