SB184,47
10Section 47
. 448.21 of the statutes is repealed.
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11Section 48
. 448.40 (2) (f) of the statutes is repealed.
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12Section 49
. 448.62 (7) of the statutes is amended to read:
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448.62
(7) A physician assistant who is acting under the supervision and
14direction of a podiatrist, subject to s.
448.21 (4)
448.975 (2) (a) 2m., or an individual
15to whom the physician assistant delegates a task or order under s. 448.975 (4).
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16Section 50
. 448.695 (4) (a) and (b) of the statutes are amended to read:
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448.695
(4) (a) Practice standards for a physician assistant practicing podiatry
18as provided in s.
448.21 (4) 448.975 (2) (a) 2m.
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(b) Requirements for a podiatrist who is supervising a physician assistant as
20provided in s.
448.21 (4) 448.975 (2) (a) 2m.
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21Section 51
. 448.970 of the statutes is renumbered 448.9695.
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22Section 52
. Subchapter VIII of chapter 448 [precedes 448.971] of the statutes
23is created to read:
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chapter 448
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subchapter viii
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1physician assistant affiliated
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credentialing board
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3448.971 Definitions. In this subchapter, unless the context requires
4otherwise:
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5(1) “Board" means the physician assistant affiliated credentialing board.
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6(2) “Physician assistant” means a person licensed under this subchapter.
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7(3) “Podiatrist” has the meaning given in s. 448.60 (3).
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8(4) “Podiatry” has the meaning given in s. 448.60 (4).
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9448.972 License required; exceptions. (1) Except as provided in subs. (2)
10and (3), no person may represent himself or herself as a “PA” or “physician assistant,"
11use or assume the title “PA” or “physician assistant," or append to the person's name
12the words or letters “physician assistant," “PA," “PA-C,” or any other titles, letters,
13or designation that represents or may tend to represent the person as a physician
14assistant, unless he or she is licensed by the board under this subchapter.
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15(2) Subsection (1) does not apply with respect to any of the following:
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(a) An individual employed and duly credentialed as a physician assistant or
17physician associate by the federal government while performing duties incident to
18that employment, unless a license under this subchapter is required by the federal
19government.
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(b) A person who satisfies the requirement under s. 448.974 (1) (a) 3. but who
21is not licensed under this subchapter. This paragraph does not allow such a person
22to practice medicine and surgery in violation of s. 448.03 (1) (a) or to practice podiatry
23in violation of s. 448.61.
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24(3) A student who is enrolled in an accredited physician assistant educational
25program may use the title “physician assistant student,” “PA student,” or “PA-S.”
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1448.9725 Expedited partner therapy. (1) In this section:
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(b) “Antimicrobial drug" has the meaning given in s. 448.035 (1) (b).
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(c) “Expedited partner therapy" has the meaning given in s. 448.035 (1) (c).
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4(2) Notwithstanding the requirements of s. 448.9785, a physician assistant
5may provide expedited partner therapy if a patient is diagnosed as infected with a
6chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual
7contact with a sexual partner during which the chlamydial infection, gonorrhea, or
8trichomoniasis may have been transmitted to or from the sexual partner. The
9physician assistant shall attempt to obtain the name of the patient's sexual partner.
10A prescription order for an antimicrobial drug prepared under this subsection shall
11include the name and address of the patient's sexual partner, if known. If the
12physician assistant is unable to obtain the name of the patient's sexual partner, the
13prescription order shall include, in ordinary, bold-faced capital letters, the words,
14“expedited partner therapy" or the letters “EPT."
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15(3) The physician assistant shall provide the patient with a copy of the
16information sheet prepared by the department of health services under s. 46.03 (44)
17and shall request that the patient give the information sheet to the person with
18whom the patient had sexual contact.
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19(4) (a) Except as provided in par. (b), a physician assistant is immune from civil
20liability for injury to or the death of a person who takes any antimicrobial drug if the
21antimicrobial drug is prescribed, dispensed, or furnished under this section and if
22expedited partner therapy is provided as specified under this section.
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(b) The immunity under par. (a) does not extend to the donation, distribution,
24furnishing, or dispensing of an antimicrobial drug by a physician assistant whose act
25or omission involves reckless, wanton, or intentional misconduct.
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1448.9727 Prescriptions for and delivery of opioid antagonists. (1) In
2this section:
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(a) “Administer" has the meaning given in s. 450.01 (1).
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(b) “Deliver" has the meaning given in s. 450.01 (5).
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(c) “Dispense" has the meaning given in s. 450.01 (7).
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(d) “Opioid antagonist" has the meaning given in s. 450.01 (13v).
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(e) “Opioid-related drug overdose" has the meaning given in s. 256.40 (1) (d).
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(f) “Standing order" has the meaning given in s. 450.01 (21p).
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9(2) (a) A physician assistant may do any of the following:
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1. Prescribe an opioid antagonist to a person in a position to assist an individual
11at risk of undergoing an opioid-related drug overdose and may deliver the opioid
12antagonist to that person. A prescription order under this subdivision need not
13specify the name and address of the individual to whom the opioid antagonist will
14be administered, but shall instead specify the name of the person to whom the opioid
15antagonist is prescribed.
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2. Issue a standing order to one or more persons authorizing the dispensing of
17an opioid antagonist.
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(b) A physician assistant who prescribes or delivers an opioid antagonist under
19par. (a) 1. shall ensure that the person to whom the opioid antagonist is prescribed
20has or has the capacity to provide the knowledge and training necessary to safely
21administer the opioid antagonist to an individual undergoing an opioid-related
22overdose and that the person demonstrates the capacity to ensure that any
23individual to whom the person further delivers the opioid antagonist has or receives
24that knowledge and training.
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1(3) A physician assistant who, acting in good faith, prescribes or delivers an
2opioid antagonist in accordance with sub. (2) or who, acting in good faith, otherwise
3lawfully prescribes or dispenses an opioid antagonist shall be immune from criminal
4or civil liability and may not be subject to professional discipline under s. 448.978 for
5any outcomes resulting from prescribing, delivering, or dispensing the opioid
6antagonist.
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7448.973 Powers and duties of board.
(1) (a) The board shall promulgate
8rules implementing s. 448.9785.
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(b) The board shall promulgate rules establishing continuing education
10requirements for physician assistants.
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(c) The board may promulgate other rules to carry out the purposes of this
12subchapter, including any of the following:
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1. Rules defining what constitutes unprofessional conduct for physician
14assistants for purposes of s. 448.978 (2) (d).
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2. Rules under s. 448.977 (2).
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16(2) The board shall include in the register the board maintains under s. 440.035
17(1m) (d) the names of all persons whose licenses issued under this subchapter were
18suspended or revoked within the past 2 years. The register shall be available for
19purchase at cost.
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20448.974 License; renewal. (1) (a) Except as provided in par. (b), the board
21shall grant an initial license to practice as a physician assistant to any applicant who
22is found qualified by three-fourths of the members of the board and satisfies all of
23the following requirements, as determined by the board:
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11. The applicant submits an application on a form provided by the department
2and pays the initial credential fee determined by the department under s. 440.03 (9)
3(a).
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2. The applicant is at least 18 years of age.
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3. The applicant provides evidence of one of the following:
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a. That the applicant has successfully completed an educational program for
7physician assistants or physician associates that is accredited by the Accreditation
8Review Commission on Education for the Physician Assistant or its successor or,
9prior to 2001, by the Committee on Allied Health Education and Accreditation or the
10Commission on Accreditation of Allied Health Education Programs.
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b. If the applicant does not satisfy subd. 3. a., that the applicant, prior to
12January 1, 1986, successfully passed the Physician Assistant National Certifying
13Examination administered by the National Commission on Certification of
14Physician Assistants.
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4. The applicant passes the National Commission on Certification of Physician
16Assistants examination or an equivalent national examination adopted by the board.
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5. The applicant provides a listing with all employers, practice settings,
18internships, residencies, fellowships, and other employment for the past 7 years.
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6. Subject to ss. 111.321, 111.322, and 111.335, the applicant does not have an
20arrest or conviction record.
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(b) Paragraph (a) 3. does not apply to an applicant if the applicant provides
22evidence that he or she is licensed as a physician assistant or physician associate in
23another state, the District of Columbia, Puerto Rico, the United States Virgin
24Islands, or any territory or insular possession subject to the jurisdiction of the United
25States and the board determines that the requirements for obtaining the license in
1that state or territory are substantially equivalent to the requirements under par.
2(a).
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3(2) (a) The renewal date for a license issued under this subchapter is specified
4under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the
5department under s. 440.03 (9) (a). Renewal of a license is subject to par. (b).
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(b) An applicant for the renewal of a license under this subchapter shall submit
7with his or her application for renewal proof of having satisfied the continuing
8education requirements imposed by the board under s. 448.973 (1) (b). This
9paragraph does not apply to an applicant for renewal of a license that expires on the
10first renewal date after the date on which the board initially granted the license.
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11(3) Notwithstanding sub. (1), an individual who, on the effective date of this
12subsection .... [LRB inserts date], was licensed by the medical examining board as
13a physician assistant under subch. II of ch. 448, 2019 stats., shall be considered to
14have been licensed under sub. (1) for purposes of this subchapter.
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15448.975 Practice and employment.
(1) (a) Subject to the limitations and
16requirements under sub. (2); the physician assistant's experience, education, and
17training; and any rules promulgated under sub. (5), a physician assistant may do any
18of the following:
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1. Examine into the fact, condition, or cause of human health or disease, or
20treat, operate, prescribe, or advise for the same, by any means or instrumentality.
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2. Apply principles or techniques of medical sciences in the diagnosis or
22prevention of any of the conditions described in subd. 1. and in s. 448.971 (2).
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3. Penetrate, pierce, or sever the tissues of a human being.
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4. Offer, undertake, attempt, or hold himself or herself out in any manner as
25able to do any of the acts described in this paragraph.
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1(b) 1. Subject to subd. 2. and any rules promulgated by the board and consistent
2with his or her experience, education, and training, a physician assistant may order,
3prescribe, procure, dispense, and administer prescription drugs, medical devices,
4services, and supplies.
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2. A physician assistant practicing under the supervision and direction of a
6podiatrist under sub. (2) (a) 2m. may issue a prescription order for a drug or device
7in accordance with guidelines established by the supervising podiatrist and the
8physician assistant and with rules promulgated by the board. If any conflict exists
9between the guidelines and the rules, the rules shall control.
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(c) A physician assistant may practice in ambulatory care, acute care,
11long-term care, home care, or other settings as a primary, specialty, or surgical care
12provider who may serve as a patient's primary care provider or specialty care
13provider.
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14(2) (a) 1. Except as provided in subds. 2m. and 3. and sub. (5) (a) 1. a. or b., a
15physician assistant who provides care to patients shall maintain and provide to the
16board upon request one of the following:
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a. Evidence that, pursuant to the physician assistant's employment, there is
18a physician who is primarily responsible for the overall direction and management
19of the physician assistant's professional activities and for assuring that the services
20provided by the physician assistant are medically appropriate. In this subd. 1. a.,
21“employment” includes an arrangement between the physician assistant and a 3rd
22party in which the 3rd party receives payment for services provided by the physician
23assistant.
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b. A written collaborative agreement with a physician that, subject to subd.
251m., describes the physician assistant's individual scope of practice, that includes a
1protocol for identifying an alternative collaborating physician for situations in which
2the collaborating physician or the physician's designee is not available for
3consultation, and that includes other information as required by the board.
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1m. All of the following apply to a written collaborative agreement between a
5physician and physician assistant under subd. 1. b.:
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a. The agreement may be terminated by either party by providing written
7notice at least 30 days prior to the date of termination, or as otherwise agreed to by
8the physician and physician assistant.
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b. The agreement shall specify that the collaborating physician shall remain
10reasonably available to the physician assistant through the use of
11telecommunications or other electronic means within a medically appropriate time
12frame and that the collaborating physician may designate an alternate collaborator
13during periods of unavailability.
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c. The agreement shall specify an arrangement for physician consultation with
15the patient within a medically appropriate time frame for consultation, if requested
16by the patient or the physician assistant.
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d. The agreement shall be signed by the physician assistant and the
18collaborating physician.
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2. Subdivision 1. does not require the physical presence of a physician at the
20time and place a physician assistant renders a service.
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2m. A physician assistant may practice under the supervision and direction of
22a podiatrist. A physician assistant who is practicing under the supervision and
23direction of a podiatrist shall be limited to providing nonsurgical patient services.
24Subdivision 1. does not apply to a physician assistant who is practicing under the
25supervision and direction of a podiatrist.
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13. Subdivision 1. does not apply with respect to a physician assistant who is
2employed by the federal government as a civilian or member of the uniformed
3services while performing duties incident to that employment or service.
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(b) A physician assistant shall limit his or her practice to the scope of his or her
5experience, education, and training.
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(c) No physician assistant may provide medical care, except routine screening
7and emergency care, in any of the following:
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1. The practice of dentistry or dental hygiene within the meaning of ch. 447.
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2. The practice of optometry within the meaning of ch. 449.
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3. The practice of chiropractic within the meaning of ch. 446.
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4. The practice of acupuncture within the meaning of ch. 451.
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5. The practice of podiatry, except when the physician assistant is acting under
13the supervision and direction of a podiatrist, subject to par. (a) 2m. and the rules
14promulgated under s. 448.695 (4).
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15(3) (a) It shall be the obligation of a physician assistant to ensure all of the
16following:
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1. That the scope of the practice of the physician assistant is identified and is
18appropriate with respect to his or her experience, education, and training.