AB396-ASA1,52,1310
(b) The immunity under par. (a) does not extend to the donation, distribution,
11furnishing, or dispensing of an antimicrobial drug by an advanced practice
12registered nurse whose act or omission involves reckless, wanton, or intentional
13misconduct.
AB396-ASA1,102
14Section 102
. 441.10 (7) of the statutes is amended to read:
AB396-ASA1,53,215
441.10
(7) No license is required for practical nursing, but, except as provided
16in s. 257.03, no person without a license may hold himself or herself out as a licensed
17practical nurse or licensed attendant, use the title or letters “Trained Practical
18Nurse" or “T.P.N.", “Licensed Practical Nurse" or “L.P.N.", “
Licensed Attendant" or
19“L.A.", “Trained Attendant" or “T.A.", or otherwise seek to indicate that he or she is
20a licensed practical nurse or licensed attendant. No licensed practical nurse or
21licensed attendant may use the title, or otherwise seek to act as a registered, licensed,
22graduate or professional nurse. Anyone violating this subsection shall be subject to
23the penalties prescribed by s. 441.13.
The board shall grant without examination a
24license as a licensed practical nurse to any person who was on July 1, 1949, a licensed
25attendant. This subsection does not apply to any licensed practical nurse who holds
1a multistate license, as defined in s. 441.51 (2) (h), issued by a jurisdiction, other than
2this state, that has adopted the
enhanced nurse licensure compact
under s. 441.51.
AB396-ASA1,103
3Section
103. 441.11 (title) of the statutes is repealed.
AB396-ASA1,105
5Section
105. 441.11 (2) of the statutes is renumbered 441.09 (5m) and
6amended to read:
AB396-ASA1,53,127
441.09
(5m) Licensure exemption. The provisions of s.
448.04 (1) (g) 448.03
8(1) (d) do not apply to
a an advanced practice registered nurse licensed under this
9section who possesses a certified registered nurse anesthetist
specialty designation
10under sub. (1) (b) 1. or
to a person who engages in the practice of a nurse anesthetist
11while performing official duties for the armed services or federal health services of
12the United States.
AB396-ASA1,109
16Section 109
. 441.18 (2) (a) (intro.) of the statutes is amended to read:
AB396-ASA1,53,1817
441.18
(2) (a) (intro.) An advanced practice
registered nurse
certified to who
18may issue prescription orders under s.
441.16
441.09 (2) may do any of the following:
AB396-ASA1,110
19Section 110
. 441.18 (2) (b) of the statutes is amended to read:
AB396-ASA1,54,220
441.18
(2) (b) An advanced practice
registered nurse who prescribes or delivers
21an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid
22antagonist is prescribed has or has the capacity to provide the knowledge and
23training necessary to safely administer the opioid antagonist to an individual
24undergoing an opioid-related overdose and that the person demonstrates the
1capacity to ensure that any individual to whom the person further delivers the opioid
2antagonist has or receives that knowledge and training.
AB396-ASA1,111
3Section 111
. 441.18 (3) of the statutes is amended to read:
AB396-ASA1,54,94
441.18
(3) An advanced practice
registered nurse who, acting in good faith,
5prescribes or delivers an opioid antagonist in accordance with sub. (2), or who, acting
6in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist, shall
7be immune from criminal or civil liability and may not be subject to professional
8discipline under s. 441.07 for any outcomes resulting from prescribing, delivering,
9or dispensing the opioid antagonist.
AB396-ASA1,113
11Section 113
. Subchapter II (title) of chapter 441 [precedes 441.51] of the
12statutes is amended to read:
AB396-ASA1,54,1414
SUBCHAPTER II
AB396-ASA1,54,15
15ENHANCED NURSE LICENSURE COMPACT
AB396-ASA1,114
16Section 114
. 441.51 (title) of the statutes is amended to read:
AB396-ASA1,54,17
17441.51 (title)
Enhanced nurse Nurse licensure compact.
AB396-ASA1,55,220
448.03
(2) (a) Any person lawfully practicing within the scope of a license,
21permit, registration, certificate or certification granted to practice midwifery under
22subch. XIII of ch. 440, to practice professional
or
, practical
, or advanced practice
23registered nursing
or nurse-midwifery under ch. 441, to practice chiropractic under
24ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry
25under ch. 449, to practice as a physician assistant under subch. VIII, to practice
1acupuncture under ch. 451 or under any other statutory provision, or as otherwise
2provided by statute.
AB396-ASA1,116
3Section
116. 448.035 (1) (a) of the statutes is repealed.
AB396-ASA1,55,186
448.035
(2) Notwithstanding the requirements of s. 448.30, a physician
or
7certified advanced practice nurse prescriber may provide expedited partner therapy
8if the patient is diagnosed as infected with a chlamydial infection, gonorrhea, or
9trichomoniasis and the patient has had sexual contact with a sexual partner during
10which the chlamydial infection, gonorrhea, or trichomoniasis may have been
11transmitted to or from the sexual partner. The physician
or certified advanced
12practice nurse prescriber shall attempt to obtain the name of the patient's sexual
13partner. A prescription order for an antimicrobial drug prepared under this
14subsection shall include the name and address of the patient's sexual partner, if
15known. If the physician
or certified advanced practice nurse prescriber is unable to
16obtain the name of the patient's sexual partner, the prescription order shall include,
17in ordinary bold-faced capital letters, the words, “expedited partner therapy" or the
18letters “EPT."
AB396-ASA1,55,22
19(3) The physician
or certified advanced practice nurse prescriber shall provide
20the patient with a copy of the information sheet prepared by the department of health
21services under s. 46.03 (44) and shall request that the patient give the information
22sheet to the person with whom the patient had sexual contact.
AB396-ASA1,56,2
23(4) (a) Except as provided in par. (b), a physician
or certified advanced practice
24nurse prescriber is immune from civil liability for injury to or the death of a person
25who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed,
1or furnished under this section and if expedited partner therapy is provided as
2specified under this section.
AB396-ASA1,56,63
(b) The immunity under par. (a) does not extend to the donation, distribution,
4furnishing, or dispensing of an antimicrobial drug by a physician
or certified
5advanced practice nurse prescriber whose act or omission involves reckless, wanton,
6or intentional misconduct.
AB396-ASA1,118
7Section 118
. 448.56 (1) and (1m) (b) of the statutes are amended to read:
AB396-ASA1,56,228
448.56
(1) Written referral. Except as provided in this subsection and s.
9448.52, a person may practice physical therapy only upon the written referral of a
10physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice
11registered nurse
prescriber certified under s. 441.16 (2). Written referral is not
12required if a physical therapist provides services in schools to children with
13disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the
14department of public instruction; provides services as part of a home health care
15agency; provides services to a patient in a nursing home pursuant to the patient's
16plan of care; provides services related to athletic activities, conditioning, or injury
17prevention; or provides services to an individual for a previously diagnosed medical
18condition after informing the individual's physician, physician assistant,
19chiropractor, dentist, podiatrist, or advanced practice
registered nurse
prescriber
20certified under s. 441.16 (2) who made the diagnosis. The examining board may
21promulgate rules establishing additional services that are excepted from the written
22referral requirements of this subsection.
AB396-ASA1,57,3
23(1m) (b) The examining board shall promulgate rules establishing the
24requirements that a physical therapist must satisfy if a physician, physician
25assistant, chiropractor, dentist, podiatrist, or advanced practice
registered nurse
1prescriber makes a written referral under sub. (1). The purpose of the rules shall be
2to ensure continuity of care between the physical therapist and the health care
3practitioner.
AB396-ASA1,119
4Section 119
. 448.62 (2m) of the statutes is amended to read:
AB396-ASA1,57,85
448.62
(2m) An advanced practice
registered nurse
who is certified to issue
6prescription orders under s. 441.16 and who is providing nonsurgical patient services
7as directed, supervised, and inspected by a podiatrist who has the power to direct,
8decide, and oversee the implementation of the patient services rendered.
AB396-ASA1,120
9Section 120
. 448.67 (2) of the statutes is amended to read:
AB396-ASA1,57,1910
448.67
(2) Separate billing required. Except as provided in sub. (4), a licensee
11who renders any podiatric service or assistance, or gives any podiatric advice or any
12similar advice or assistance, to any patient, podiatrist, physician, physician
13assistant, advanced practice
registered nurse
prescriber certified under s. 441.16 (2),
14partnership, or corporation, or to any other institution or organization, including a
15hospital, for which a charge is made to a patient, shall, except as authorized by
16Title 18 or Title 19 of the federal Social Security Act, render an individual statement
17or account of the charge directly to the patient, distinct and separate from any
18statement or account by any other podiatrist, physician, physician assistant,
19advanced practice
registered nurse
prescriber, or other person.
AB396-ASA1,58,322
448.956
(1m) Subject to sub. (1) (a), a licensee may provide athletic training
23to an individual without a referral, except that a licensee may not provide athletic
24training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
25setting unless the licensee has obtained a written referral for the individual from a
1practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
2under ch. 446; or under s.
441.16 (2) 441.09 or from a practitioner who holds a
3compact privilege under subch. X of ch. 448.
AB396-ASA1,123
5Section 123
. 450.01 (16) (h) 2. of the statutes is amended to read:
AB396-ASA1,58,96
450.01
(16) (h) 2. The patient's advanced practice
registered nurse
prescriber,
7if the advanced practice
registered nurse
prescriber has entered into a written
8agreement to collaborate with a physician may issue prescription orders under s.
9441.09 (2).
AB396-ASA1,124
10Section 124
. 450.01 (16) (hr) 2. of the statutes is amended to read:
AB396-ASA1,58,1211
450.01
(16) (hr) 2. An advanced practice
registered nurse
prescriber who may
12issue prescription orders under s. 441.09 (2).
AB396-ASA1,125
13Section 125
. 450.03 (1) (e) of the statutes is amended to read:
AB396-ASA1,58,2014
450.03
(1) (e) Any person lawfully practicing within the scope of a license,
15permit, registration, certificate, or certification granted to provide home medical
16oxygen under s. 450.076, to practice professional
or
, practical
, or advanced practice
17registered nursing
or nurse-midwifery under ch. 441, to practice dentistry or dental
18hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice
19optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as
20otherwise provided by statute.
AB396-ASA1,59,1123
450.11
(1g) (b) A pharmacist may, upon the prescription order of a practitioner
24providing expedited partner therapy, as specified in s.
441.092, 448.035
, or 448.9725,
25that complies with the requirements of sub. (1), dispense an antimicrobial drug as
1a course of therapy for treatment of chlamydial infections, gonorrhea, or
2trichomoniasis to the practitioner's patient or a person with whom the patient has
3had sexual contact for use by the person with whom the patient has had sexual
4contact. The pharmacist shall provide a consultation in accordance with rules
5promulgated by the board for the dispensing of a prescription to the person to whom
6the antimicrobial drug is dispensed. A pharmacist providing a consultation under
7this paragraph shall ask whether the person for whom the antimicrobial drug has
8been prescribed is allergic to the antimicrobial drug and advise that the person for
9whom the antimicrobial drug has been prescribed must discontinue use of the
10antimicrobial drug if the person is allergic to or develops signs of an allergic reaction
11to the antimicrobial drug.
AB396-ASA1,59,2514
450.11
(1i) (a) 1. A pharmacist may, upon and in accordance with the
15prescription order of an advanced practice
registered nurse
prescriber under s.
16441.18 (2) (a) 1., of a physician under s. 448.037 (2) (a) 1., or of a physician assistant
17under s. 448.9727 (2) (a) 1. that complies with the requirements of sub. (1), deliver
18an opioid antagonist to a person specified in the prescription order and may, upon
19and in accordance with the standing order of an advanced practice
registered nurse
20prescriber under s. 441.18 (2) (a) 2., of a physician under s. 448.037 (2) (a) 2., or of
21a physician assistant under s. 448.9727 (2) (a) 2. that complies with the requirements
22of sub. (1), deliver an opioid antagonist to an individual in accordance with the order.
23The pharmacist shall provide a consultation in accordance with rules promulgated
24by the board for the delivery of a prescription to the person to whom the opioid
25antagonist is delivered.
AB396-ASA1,128
1Section
128. 450.11 (1i) (b) 2. b. of the statutes is amended to read:
AB396-ASA1,60,42
450.11
(1i) (b) 2. b. An advanced practice
registered nurse
prescriber may only
3deliver or dispense an opioid antagonist in accordance with s. 441.18 (2) or in
4accordance with his or her other legal authority to dispense prescription drugs.
AB396-ASA1,129
5Section 129
. 450.11 (7) (b) of the statutes is amended to read:
AB396-ASA1,60,96
450.11
(7) (b) Information communicated to a physician, physician assistant,
7or advanced practice
registered nurse
prescriber in an effort to procure unlawfully
8a prescription drug or the administration of a prescription drug is not a privileged
9communication.
AB396-ASA1,130
10Section 130
. 450.11 (8) (e) of the statutes is amended to read:
AB396-ASA1,60,1211
450.11
(8) (e) The board of nursing, insofar as this section applies to advanced
12practice
nurse prescribers registered nurses.
AB396-ASA1,131
13Section 131
. 450.13 (5) (b) of the statutes is amended to read:
AB396-ASA1,60,1614
450.13
(5) (b) The patient's advanced practice
registered nurse
prescriber, if the
15advanced practice
registered nurse
prescriber has entered into a written agreement
16to collaborate with a physician may issue prescription orders under s. 441.09 (2).
AB396-ASA1,132
17Section 132
. 450.135 (7) (b) of the statutes is amended to read:
AB396-ASA1,60,2118
450.135
(7) (b) The patient's advanced practice
registered nurse
prescriber, if
19the advanced practice
registered nurse
prescriber has entered into a written
20agreement to collaborate with a physician may issue prescription orders under s.
21441.09 (2).
AB396-ASA1,61,7
24462.04 Prescription or order required. A person who holds a license or
25limited X-ray machine operator permit under this chapter may not use diagnostic
1X-ray equipment on humans for diagnostic purposes unless authorized to do so by
2prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
3under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
4under s. 446.02, an advanced practice
registered nurse
certified licensed under s.
5441.16 (2) 441.09, a physician assistant licensed under s. 448.974, or, subject to s.
6448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a
7compact privilege under subch. X of ch. 448.
AB396-ASA1,134
8Section
134. 655.001 (7t) of the statutes is amended to read:
AB396-ASA1,61,139
655.001
(7t) “Health care practitioner" means a health care professional, as
10defined in s. 180.1901 (1m), who is an employee of a health care provider described
11in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care
12services that are not
in collaboration with a physician under s. 441.15 (2) (b) or under
13the direction and supervision of a physician or nurse anesthetist.
AB396-ASA1,135
14Section 135
. 655.001 (9) of the statutes is amended to read:
AB396-ASA1,61,2015
655.001
(9) “Nurse anesthetist" means
a nurse an individual who is licensed
16under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued
17in a party state, as defined in s. 441.51 (2) (k), and who is certified as a nurse
18anesthetist by the American association of nurse anesthetists
as an advanced
19practice registered nurse and possesses a certified registered nurse anesthetist
20specialty designation under s. 441.09.
AB396-ASA1,136
21Section 136
. 655.005 (2) (a) of the statutes is amended to read:
AB396-ASA1,61,2522
655.005
(2) (a) An employee of a health care provider if the employee is a
23physician or a nurse anesthetist or is a health care practitioner who is providing
24health care services that are not
in collaboration with a physician under s. 441.15 (2)
25(b) or under the direction and supervision of a physician or nurse anesthetist.
AB396-ASA1,62,83
961.01
(19) (a) A physician, advanced practice
registered nurse, dentist,
4veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.975
5(1) (b), a physician assistant, or other person licensed, registered, certified or
6otherwise permitted to distribute, dispense, conduct research with respect to,
7administer or use in teaching or chemical analysis a controlled substance in the
8course of professional practice or research in this state.
AB396-ASA1,138
9Section 138
. 961.395 of the statutes is amended to read:
AB396-ASA1,62,13
10961.395 Limitation on advanced practice
registered nurses. (1) An
11advanced practice
registered nurse who
is certified may issue prescription orders 12under s.
441.16 441.09 (2) may prescribe controlled substances only as permitted by
13the rules promulgated under s.
441.16 (3) 441.09 (6) (a) 4.
AB396-ASA1,62,17
14(2) An advanced practice
registered nurse
certified under s. 441.16 who may
15issue prescription orders under s. 441.09 (2) shall include with each prescription
16order the
advanced practice nurse prescriber certification license number issued to
17him or her by the board of nursing.
AB396-ASA1,62,21
18(3) An advanced practice
registered nurse
certified under s. 441.16 who may
19issue prescription orders under s. 441.09 (2) may dispense a controlled substance
20only by prescribing or administering the controlled substance or as otherwise
21permitted by the rules promulgated under s.
441.16 (3) 441.09 (6) (a) 4.
AB396-ASA1,63,923
(1)
Using the procedure under s. 227.24, the board of nursing may promulgate
24rules under ch. 441 that are necessary to implement the changes in this act.
25Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide
1evidence that promulgating a rule under this subsection as an emergency rule is
2necessary for the preservation of the public peace, health, safety, or welfare and is
3not required to provide a finding of emergency for a rule promulgated under this
4subsection. A rule under this subsection may take effect no later than the date
5specified in
Section 140 (intro.) of this act. Notwithstanding s. 227.24 (1) (c) and (2),
6a rule promulgated under this subsection is effective for 2 years after its
7promulgation, or until permanent rules take effect, whichever is sooner, and the
8effective period of a rule promulgated under this subsection may not be further
9extended under s. 227.24 (2).
AB396-ASA1,63,1010
(2) (a) In this subsection, the definitions under s. 441.001 apply.
AB396-ASA1,63,1811
(b) Notwithstanding s. 441.09 (3), an individual who, on January 1, 2022, is
12licensed as a registered nurse in this state and is practicing in a recognized role may
13continue to practice advanced practice registered nursing and the corresponding
14recognized role in which he or she is practicing and may continue to use the titles
15corresponding to the recognized roles in which he or she is practicing during the
16period before which the board takes final action on the person's application under s.
17441.09. This paragraph does not apply after the first day of the 13th month
18beginning after the effective date of this paragraph.
AB396-ASA1,140
19Section 140
.
Effective dates. This act takes effect on the first day of the 13th
20month beginning after publication, except as follows:
AB396-ASA1,63,2121
(1)
Section 139 (1
) of this act takes effect on the day after publication.