Amendment SSA1-AB68

AB68-SSA1,1074,15 146.81 (1) (c) A dentist or dental therapist licensed under ch. 447.

AB68-SSA1,2322 Section 2322 . 146.81 (5) of the statutes is amended to read:

AB68-SSA1,1075,5 146.81 (5) “Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d) , (4h), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB68-SSA1,2323 Section 2323 . 146.81 (5) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68-SSA1,1075,21 146.81 (5) “Person authorized by the patient" means the parent, guardian, or legal custodian of a minor patient, as defined in s. 48.02 (8) and (11), the person vested with supervision of the child under s. 938.183 or 938.34 (4d), (4m), or (4n), the guardian of a patient adjudicated incompetent in this state, the personal representative, spouse, or domestic partner under ch. 770 of a deceased patient, any person authorized in writing by the patient or a health care agent designated by the patient as a principal under ch. 155 if the patient has been found to be incapacitated under s. 155.05 (2), except as limited by the power of attorney for health care instrument. If no spouse or domestic partner survives a deceased patient, “person authorized by the patient" also means an adult member of the deceased patient's immediate family, as defined in s. 632.895 (1) (d). A court may appoint a temporary guardian for a patient believed incompetent to consent to the release of records under this section as the person authorized by the patient to decide upon the release of records, if no guardian has been appointed for the patient.

AB68-SSA1,2324 Section 2324. 146.82 (4) (b) 2. a. of the statutes is amended to read:

AB68-SSA1,1076,2 146.82 (4) (b) 2. a. A member of the patient's immediate family, another relative of the patient, a close personal friend of the patient, a caregiver designated under s. 50.379, or an individual identified by the patient, that portion that is directly relevant to the involvement by the member, relative, friend, caregiver designated under s. 50.379, or individual in the patient's care.

AB68-SSA1,2325 Section 2325. 146.82 (4) (c) of the statutes is created to read:

AB68-SSA1,1076,7 146.82 (4) (c) Notwithstanding subs. (1) and (4) (b), a health care provider may provide a caregiver who is designated under s. 50.379, and who is otherwise permitted access to a portion of a patient health care record under this subsection, with a copy of any written discharge plan issued under s. 50.379 (4) and (5).

AB68-SSA1,2326 Section 2326. 146.89 (1) (d) 2. of the statutes is amended to read:

AB68-SSA1,1076,14 146.89 (1) (d) 2. A private school, as defined in s. 115.001 (3r), that participates in the choice program under s. 118.60 or the Milwaukee Parental Choice Program under s. 119.23 or that, pursuant to s. 115.999 (3), 119.33 (2) (c) 3., or 119.9002 (3) (c), is responsible for the operation and general management of a school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

AB68-SSA1,2327 Section 2327. 146.89 (1) (g) 1. of the statutes is amended to read:

AB68-SSA1,1076,18 146.89 (1) (g) 1. A public elementary school, including an elementary school transferred to an opportunity schools and partnership program under s. 119.33, subch. IX of ch. 115, or subch. II of ch. 119.

AB68-SSA1,2328 Section 2328 . 146.89 (1) (r) 1. of the statutes is amended to read:

AB68-SSA1,1076,24 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist, dental therapist, 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.

AB68-SSA1,2329 Section 2329 . 146.89 (1) (r) 5. of the statutes is amended to read:

AB68-SSA1,1077,6 146.89 (1) (r) 5. An individual who holds a valid, unexpired license, certification, or registration issued by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as those acts that an individual who is described in subds. 1. to 4., except a dentist , dental therapist, or dental hygienist, is licensed or certified to perform and who performs acts that are within the scope of that license, certification, or registration.

AB68-SSA1,2330 Section 2330 . 146.89 (3) (b) 8. of the statutes is amended to read:

AB68-SSA1,1077,12 146.89 (3) (b) 8. Dental services, including tooth extractions and other procedures done under local anesthesia only and any necessary suturing related to the extractions, performed by a dentist or dental therapist who is a volunteer health provider; and dental hygiene services, performed by a dental hygienist who is a volunteer health provider.

AB68-SSA1,2331 Section 2331 . 146.89 (3m) (intro.) of the statutes is amended to read:

AB68-SSA1,1077,17 146.89 (3m) (intro.) A volunteer health care provider who is a dentist or dental therapist may provide dental services or a volunteer health care provider who is a dental hygienist may provide dental hygiene services, to persons who are recipients of Medical Assistance, if all of the following apply:

AB68-SSA1,2332 Section 2332 . 146.997 (1) (d) 3. of the statutes is amended to read:

AB68-SSA1,1077,19 146.997 (1) (d) 3. A dentist or dental therapist licensed under ch. 447.

AB68-SSA1,2333 Section 2333 . Subchapter III of chapter 153 [precedes 153.85] of the statutes is created to read:

AB68-SSA1,1077,22 Chapter 153

AB68-SSA1,1077,23 Subchapter III

AB68-SSA1,1077,25 Opioid and METHAMPHETAMINE data

AB68-SSA1,1078,3 153.85 Definition; opioid and methamphetamine data. In this subchapter, “vendor” means a person awarded the contract following a request for proposals described under s. 153.87.

AB68-SSA1,1078,8 153.87 Opioid and methamphetamine data system. (1) Subject to sub. (3), the department of administration shall issue a request for proposals to establish and maintain an opioid and methamphetamine data system to collect, format, analyze, and disseminate information on opioid and methamphetamine use, which shall include all of the following:

AB68-SSA1,1078,10 (a) Hospital discharge data from visits and stays related to opioid use or overdose.

AB68-SSA1,1078,12 (b) Hospital discharge data from visits and stays related to methamphetamine use or overdose.

AB68-SSA1,1078,14 (c) Records of hospitals diverting patients to other facilities to address opioid use or overdose.

AB68-SSA1,1078,16 (d) Records of hospitals diverting patients to other facilities to address methamphetamine use or overdose.

AB68-SSA1,1078,17 (e) Ambulance service run data related to opioid use or overdose.

AB68-SSA1,1078,20 (f) The number of opioid-related overdoses in the state, the number of individuals who overdose on opioids, and the opioids on which the individuals overdose.

AB68-SSA1,1078,23 (g) The number of methamphetamine-related overdoses in the state, the number of individuals who overdose on methamphetamines, and the forms of methamphetamines on which the individuals overdose.

AB68-SSA1,1078,24 (h) Death records related to opioid use or overdose.

AB68-SSA1,1078,25 (i) Death records related to methamphetamine use or overdose.

AB68-SSA1,1079,2 (j) The number of opioid treatment centers in the state, by the owner or operator of each opioid treatment center.

AB68-SSA1,1079,4 (k) The number of methamphetamine treatment centers in the state, by the owner or operator of each methamphetamine treatment center.

AB68-SSA1,1079,9 (L) The number of providers in this state that are allowed to prescribe a drug that is a combination of buprenorphine and naloxone, the patient capacity for those prescribers, the number of patients taking such a combination drug, and the number of patients who have discontinued such a combination drug due to successful completion of a treatment program.

AB68-SSA1,1079,14 (m) The number of methadone clinics in the state, the number of patients taking methadone, the number of patients who more than once have been on courses of methadone, the number of patients who have discontinued methadone use due to successful completion of a treatment program, and the number of patients who are receiving methadone treatment for each of the following durations:

AB68-SSA1,1079,15 1. Longer than 12 months.

AB68-SSA1,1079,16 2. Longer than 3 years.

AB68-SSA1,1079,17 3. Longer than 4 years.

AB68-SSA1,1079,18 4. Longer than 5 years.

AB68-SSA1,1079,19 5. Longer than 8 years.

AB68-SSA1,1079,20 6. Longer than 10 years.

AB68-SSA1,1079,23 (o) The amount of naloxone doses dispensed, the total number of naloxone doses administered, and the number of unique patients who have received doses of naloxone.

AB68-SSA1,1079,25 (p) The number of adults in the state who use opioids, the extent to which those adults use opioids, and the type of opioids used.

AB68-SSA1,1080,3 (q) The number of adults in the state who use methamphetamines, the extent to which those adults use methamphetamines, and the forms of methamphetamines used.

AB68-SSA1,1080,5 (r) The number of minors in the state who use opioids, the extent to which those minors use opioids, and the type of opioids used.

AB68-SSA1,1080,8 (s) The number of minors in the state who use methamphetamines, the extent to which those minors use methamphetamines, and the forms of methamphetamines used.

AB68-SSA1,1080,12 (t) The number of minors who enter the child protective services system due to opioid use by a parent or guardian, length of time those minors are in out-of-home care, and the type of reporter who notified child protective services of the needs of the minor.

AB68-SSA1,1080,20 (u) The number of persons who are incarcerated and who are receiving naltrexone for extended-release in injectable suspension, the number of persons who are on extended supervision or probation or on parole and who are receiving extended-release naltrexone, the total number of doses of extended-release naltrexone administered to persons who are incarcerated, on extended supervision or probation, or on parole in this state, and the length of time that persons who are incarcerated, on extended supervision or probation, or on parole are receiving extended-release naltrexone.

AB68-SSA1,1080,22 (v) The number of arrests and convictions related to methadone and the number related to a drug that is a combination of buprenorphine and naloxone.

AB68-SSA1,1080,23 (w) The number of arrests and convictions related to methamphetamines.

AB68-SSA1,1081,2 (2) The opioid and methamphetamine data system under sub. (1) shall identify, to the extent possible, for sub. (1) (a), (b), (c), (d), (e), (f), (g), (h), (i), (L), (m), (p), (q), (r), (s), and (u) the number of individuals who have each of the following forms of health care coverage:

AB68-SSA1,1081,3 (a) Public health care coverage under the Medical Assistance program.

AB68-SSA1,1081,6 (b) Public health care coverage under Medicare, a veteran or military health plan, or another public form of coverage other than Medical Assistance, including any self-insured governmental health plan.

AB68-SSA1,1081,7 (c) Private insurance or a private heath plan.

AB68-SSA1,1081,8 (d) Self-coverage or uninsured.

AB68-SSA1,1081,12 (3) The department of administration shall collaborate with and collect data from the departments of health services, corrections, justice, safety and professional services, and children and families and any other applicable agencies for the opioid and methamphetamine data system under sub. (1).

AB68-SSA1,1081,18 (4) (a) The department of administration shall administer the contract with the vendor to operate the opioid and methamphetamine data system and shall have access to the data contained in the opioid and methamphetamine data system. The department of administration shall work with the vendor to disseminate information and advanced analytics from the opioid and methamphetamine data system in as close to real time as possible.

AB68-SSA1,1081,22 (b) The opioid and methamphetamine data system shall allow the state agencies that submit data to the opioid and methamphetamine data system access to the data in the opioid and methamphetamine data system as appropriate for the agency to fulfill its functions and as allowed by state and federal confidentiality laws.

AB68-SSA1,1082,3 153.89 Reports; opioid and methamphetamine data system. By January 1, 2023, and annually thereafter, the department of administration shall submit a report to the governor and, under s. 13.172 (3) to appropriate standing committees of the legislature., as determined by the speaker or president, summarizing the information from the opioid and methamphetamine data system under s. 153.87 (1) and analyzing trends in that information across years of data collection.

AB68-SSA1,2334 Section 2334. 155.01 (7) of the statutes is amended to read:

AB68-SSA1,1082,16 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist or dental therapist 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 physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448, 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).

AB68-SSA1,2335 Section 2335 . 157.05 of the statutes is amended to read:

AB68-SSA1,1082,24 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife parent, spouse, child, guardian, next of kin, domestic partner under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB68-SSA1,2336 Section 2336 . 157.06 (11) (hm) of the statutes is created to read:

AB68-SSA1,1083,4 157.06 (11) (hm) Unless otherwise required by federal law, a hospital, physician, procurement organization, or other person may not determine the ultimate recipient of an anatomical gift based solely upon a positive test for the use of marijuana by a potential recipient.

AB68-SSA1,2337 Section 2337 . 157.06 (11) (i) of the statutes is amended to read:

AB68-SSA1,1083,7 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in this section affects the allocation of organs for transplantation or therapy.

AB68-SSA1,2338 Section 2338. 157.065 (2) (a) 4. c. of the statutes is amended to read:

AB68-SSA1,1083,10 157.065 (2) (a) 4. c. A Type 1 juvenile correctional facility, as defined in s. 938.02 (19) (10p);

AB68-SSA1,2339 Section 2339 . 160.07 (4) (f) of the statutes is created to read:

AB68-SSA1,1083,15 160.07 (4) (f) In recommending an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance, the department of health services may recommend individual standards for each substance, a standard for these substances as a class, or standards for groups of these substances.

AB68-SSA1,2340 Section 2340. 160.07 (7) of the statutes is created to read:

AB68-SSA1,1083,23 160.07 (7) If the department of health services recommends an enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance or a group or class of such substances under this section, the department shall apply the standard as an interim enforcement standard for that substance, including through sampling, monitoring, and testing, and any other actions required by rules promulgated by the department, unless emergency or permanent rules that establish an enforcement standard for that substance are in effect.

AB68-SSA1,2341 Section 2341 . 160.15 (4) of the statutes is created to read:

AB68-SSA1,1084,6 160.15 (4) Notwithstanding sub. (1), if an interim enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance is applied under s. 160.07 (7), the department shall apply an interim preventive action limit for that substance of 20 percent of the concentration established as the interim enforcement standard, unless emergency or permanent rules that establish a preventive action limit for that substance are in effect.

AB68-SSA1,2342 Section 2342 . 165.08 (1) of the statutes is amended to read:

AB68-SSA1,1084,20 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

AB68-SSA1,2343 Section 2343 . 165.10 of the statutes is amended to read:

AB68-SSA1,1085,9 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee.

AB68-SSA1,2344 Section 2344 . 165.25 (1) of the statutes is amended to read:

AB68-SSA1,1085,19 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB68-SSA1,2345 Section 2345 . 165.25 (1m) of the statutes is amended to read: