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AB1038-SSA1,55,43 (b) A request under par. (a) is approved upon the occurrence of any of the
4following:
AB1038-SSA1,55,85 1. The joint committee on finance approves the request or modifies and
6approves the request. If the committee modifies and approves the request, the
7department may expend excess moneys under the request only as modified by the
8committee.
AB1038-SSA1,55,109 2. No member of the joint committee on finance objects to the request within
1024 hours after the request is received.
AB1038-SSA1,55,1211 3. If a member objects under subd. 2., the joint committee on finance does not
12approve, reject, or modify the request within 48 hours after the request is received.
AB1038-SSA1,55,1413 (c) Notwithstanding s. 13.10 (3), no public hearing is required for a request
14under par. (a).
AB1038-SSA1,55,1615 (d) Notwithstanding s. 13.10 (4), the joint committee on finance may vote on
16a request under par. (a) by mail ballot or by polling.
AB1038-SSA1,55,20 17(3) In each fiscal year, no later than 75 days after first expending moneys under
18sub. (1), and no later than the end of each month after that in which the department
19of military affairs expends moneys under sub. (1), the department shall submit to the
20joint committee on finance a report on those expenditures.
AB1038-SSA1,118 21Section 118. 323.265 of the statutes is created to read:
AB1038-SSA1,55,23 22323.265 Deadlines falling during a public health emergency. (1) In this
23section:
AB1038-SSA1,56,324 (a) “Agency” means any office, department, agency, institution of higher
25education, association, society, or other body in state government created or

1authorized to be created by the constitution or any law, including any authority
2created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, but not
3including the legislature or the courts.
AB1038-SSA1,56,54 (b) “Deadline” means any date certain by which, or any other limitation as to
5time within which, an action or event is required to occur under state law.
AB1038-SSA1,56,76 (c) “Determining authority” means the secretary of administration or an
7agency head to whom a delegation is made under sub. (3).
AB1038-SSA1,56,98 (d) “Emergency period” means the period covered by a public health emergency
9declared by the governor under s. 323.10, including any extension, plus 60 days.
AB1038-SSA1,56,1310 (e) “Lead period” means the period that begins on the first day after the
11emergency period and is equal to the period beginning on the first day of the
12emergency period, and ending on the date on which a deadline tolled under sub. (2)
13would otherwise have fallen.
AB1038-SSA1,56,1714 (f) “Local governmental unit" means a political subdivision of this state, a
15special purpose district in this state, an agency or corporation of a political
16subdivision or special purpose district, or a combination or subunit of any of the
17foregoing.
AB1038-SSA1,56,24 18(2) Notwithstanding any requirement to the contrary, each deadline any
19agency, local governmental unit, or other person is required to satisfy during the
20emergency period, including any tax filing deadline, may, at the discretion of the
21determining authority, be tolled up to the end of that deadline's lead period. This
22subsection does not apply to any requirement as to time in a court proceeding or to
23any requirement as to time imposed by a court, nor does it apply to any statute of
24limitations for commencing an action in any court.
AB1038-SSA1,57,3
1(3) The secretary of administration shall be the determining authority, except
2that the secretary may delegate that duty with respect to any deadline to the head
3of an agency.
AB1038-SSA1,119 4Section 119 . 323.267 of the statutes is created to read:
AB1038-SSA1,57,6 5323.267 Certain waivers during a public health emergency. (1) In this
6section:
AB1038-SSA1,57,117 (a) “Agency” means any office, department, agency, institution of higher
8education, association, society, or other body in state government created or
9authorized to be created by the constitution or any law, including any authority
10created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279, but not
11including the legislature or the courts.
AB1038-SSA1,57,1312 (b) “Debtor" means a person who owes a debt to an agency or a local
13governmental unit.
AB1038-SSA1,57,1514 (c) “Emergency period” means the period covered by a public health emergency
15declared by the governor under s. 323.10, including any extension, plus 60 days.
AB1038-SSA1,57,1916 (d) “Local governmental unit" means a political subdivision of this state, a
17special purpose district in this state, an agency or corporation of a political
18subdivision or special purpose district, or a combination or subunit of any of the
19foregoing.
AB1038-SSA1,57,22 20(2) Each agency and local governmental unit may waive any interest, penalty,
21or payment of a debtor that accrues or becomes due during an emergency period with
22respect to a debt the debtor owes the agency or local governmental unit.
AB1038-SSA1,120 23Section 120. 323.291 of the statutes is created to read:
AB1038-SSA1,58,5 24323.291 Public employees. (1) Public employee health insurance
25coverage.
Notwithstanding s. 40.02 (40), for the purpose of group health insurance

1coverage offered by the group insurance board under subch. IV of ch. 40, if an
2employee who was on a leave of absence returns from leave, even if the employee has
3not resumed active performance of duty for 30 consecutive calendar days on the date
4the governor declares a state of emergency related to a public health emergency
5under s. 323.10, the leave of absence is deemed ended or interrupted on that date.
AB1038-SSA1,58,10 6(2) Limited term appointment hours. Notwithstanding s. 230.26 (1), the
7director of the bureau of merit recruitment and selection in the division of personnel
8management in the department of administration may increase or suspend the
9number of hours for a limited term appointment for the duration of a state of
10emergency related to a public health emergency declared under s. 323.10.
AB1038-SSA1,58,14 11(3) Use of annual leave during probationary period. Notwithstanding s.
12230.35 (1) (b), an employee may take annual leave within the first 6 months of the
13employee's probationary period upon initial appointment during a state of
14emergency related to a public health emergency declared under s. 323.10.
AB1038-SSA1,58,21 15(4) Additional sabbatical leave. The administrator of the division of personnel
16management in the department of administration may provide additional sabbatical
17leave to employees who provide critical services during a state of emergency related
18to a public health emergency declared under s. 323.10. Sabbatical leave provided
19under this subsection is in addition to any leave provided under s. 230.35 (1) (a) and
20(1m) (bt), and the compensation plan under s. 230.12, and is not subject to s. 230.35
21(1p).
AB1038-SSA1,59,2 22(5) State civil service grievance procedures. (a) Notwithstanding s. 230.445
23(2) and (3), an employee does not waive his or her right to appeal an adverse
24employment decision if the employee does not timely file the complaint or appeal
25during a state of emergency related to a public health emergency declared under s.

1323.10. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the
2termination of such declared public health emergency or extension.
AB1038-SSA1,59,63 (b) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her
4designee is not required to meet with a complainant in person during a state of
5emergency related to a public health emergency declared under s. 323.10 when
6conducting an investigation under s. 230.445 (3) (a) (2).
AB1038-SSA1,121 7Section 121. 440.08 (5) of the statutes is created to read:
AB1038-SSA1,59,108 440.08 (5) Renewal suspension for public health emergency. (a) In this
9subsection, “health care provider credential” means any credential issued under ch.
10441, 447, 448, 450, 455, 460, or 462.
AB1038-SSA1,59,1711 (b) Notwithstanding subs. (1) to (3) and the applicable provisions in chs. 440
12to 480, but subject to any professional discipline imposed on the credential, a health
13care provider credential is not subject to renewal, or any other conditions for renewal
14including continuing education, and remains valid during the period covered by a
15public health emergency declared by the governor under s. 323.10, including any
16extension, and continuing until further specified by the applicable credentialing
17board.
AB1038-SSA1,59,2318 (c) A renewal that occurs subsequent to the period described in par. (b) is not
19subject to the late renewal fee under sub. (3) (a) if the application to renew the
20credential is received before the next applicable renewal date. Notwithstanding the
21applicable provisions in chs. 440 to 480, the applicable credentialing board may, for
22that next applicable renewal date, provide an exemption from or reduction of
23continuing education or other conditions for renewal.
AB1038-SSA1,122 24Section 122. 440.095 of the statutes is created to read:
AB1038-SSA1,60,2
1440.095 Former health care provider credentials; emergency. (1)
2Definitions. In this section:
AB1038-SSA1,60,43 (a) “Emergency period” means a period covered by a public health emergency
4declared under s. 323.10, including any extension, plus 90 days.
AB1038-SSA1,60,75 (b) “Health care provider” means an individual who was at any time within the
6previous 5 years, but is not currently, any of the following, if the individual's
7credential was never revoked, limited, suspended, or denied renewal:
AB1038-SSA1,60,98 1. Licensed as a registered nurse, licensed practical nurse, or nurse-midwife
9under ch. 441.
AB1038-SSA1,60,1010 2. Licensed as a dentist under ch. 447.
AB1038-SSA1,60,1211 3. Licensed as a physician, physician assistant, or perfusionist under ch. 448
12or certified as a respiratory care practitioner under ch. 448.
AB1038-SSA1,60,1313 4. Licensed as a pharmacist under ch. 450.
AB1038-SSA1,60,1414 5. Licensed as a psychologist under ch. 455.
AB1038-SSA1,60,1715 6. A clinical social worker, marriage and family therapist, or professional
16counselor licensed under ch. 457 or an independent social worker or social worker
17certified under ch. 457.
AB1038-SSA1,60,1818 7. A clinical substance abuse counselor certified under s. 440.88.
AB1038-SSA1,60,2019 8. Any practitioner holding a credential to practice a profession that is
20identified by the department of health services during an emergency period.
AB1038-SSA1,60,23 21(2) Temporary credentials for former health care providers during
22emergency.
(a) During an emergency period, the department may grant a temporary
23credential to a health care provider if all of the following apply:
AB1038-SSA1,60,2424 1. The health care provider submits an application to the department.
AB1038-SSA1,61,4
12. The department determines that the health care provider satisfies the
2eligibility requirements for the credential and is fit to practice after conducting an
3investigation of the health care provider's arrest or conviction record and record of
4professional discipline.
AB1038-SSA1,61,75 (b) If the department denies a health care provider's application for a
6temporary credential under this subsection, the department shall notify the health
7care provider of the reason for denial.
AB1038-SSA1,61,118 (c) Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a),
9(b), and (c) and (1m), and 450.03 (1), during an emergency period, a health care
10provider granted a temporary credential under this subsection may provide services
11for which the health care provider has been licensed or certified.
AB1038-SSA1,61,1512 (d) A health care provider who provides services authorized by a temporary
13credential granted under this subsection shall maintain malpractice insurance that
14satisfies the requirements of the profession for which the health care provider has
15been licensed or certified.
AB1038-SSA1,61,1716 (e) A temporary credential granted under this subsection expires at the
17conclusion of the emergency period during which the credential was granted.
AB1038-SSA1,123 18Section 123. 440.096 of the statutes is created to read:
AB1038-SSA1,61,21 19440.096 Health care providers from other states; credentials during
20emergency; fee waivers.
(1) Temporary credentials for health care providers
21from other states during emergency.
(a) In this subsection:
AB1038-SSA1,61,2322 1. “Emergency period” means a period covered by a public health emergency
23declared under s. 323.10, including any extension, plus 90 days.
AB1038-SSA1,62,224 2. “Health care provider” means an individual who holds a valid, unexpired
25license, certificate, or registration granted by another state or territory that

1authorizes or qualifies the individual to perform acts that are substantially the same
2as the acts that any of the following are licensed or certified to perform:
AB1038-SSA1,62,43 a. A registered nurse, licensed practical nurse, or nurse-midwife licensed
4under ch. 441.
AB1038-SSA1,62,55 b. A dentist licensed under ch. 447.
AB1038-SSA1,62,76 c. A physician, physician assistant, or perfusionist licensed under ch. 448 or a
7respiratory care practitioner certified under ch. 448.
AB1038-SSA1,62,88 d. A pharmacist licensed under ch. 450.
AB1038-SSA1,62,99 e. A psychologist licensed under ch. 455.
AB1038-SSA1,62,1210 f. A clinical social worker, marriage and family therapist, or professional
11counselor licensed under ch. 457 or an independent social worker or social worker
12certified under ch. 457.
AB1038-SSA1,62,1313 g. A clinical substance abuse counselor certified under s. 440.88.
AB1038-SSA1,62,1514 h. Any practitioner holding a credential to practice a profession that is
15identified by the department of health services during an emergency period.
AB1038-SSA1,62,1716 (b) 1. During an emergency period, the department may grant a temporary
17credential to a health care provider if all of the following apply:
AB1038-SSA1,62,1818 a. The health care provider submits an application to the department.
AB1038-SSA1,62,2219 b. The department determines that the health care provider satisfies the
20eligibility requirements for the credential and is fit to practice after conducting an
21investigation of the health care provider's arrest or conviction record and record of
22professional discipline.
AB1038-SSA1,62,2523 2. The department may determine the appropriate scope of the review under
24subd. 1. b. of the background of a health care provider who applies for a temporary
25credential under this paragraph.
AB1038-SSA1,63,3
13. If the department denies a health care provider's application for a temporary
2credential under this paragraph, the department shall notify the health care
3provider of the reason for the denial.
AB1038-SSA1,63,74 4. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a),
5(b), and (c) and (1m), and 450.03 (1), during an emergency period a health care
6provider granted a temporary credential under this paragraph may provide services
7for which the health care provider is licensed or certified.
AB1038-SSA1,63,118 5. A health care provider who provides services authorized by a temporary
9credential granted under this paragraph shall maintain malpractice insurance that
10satisfies the requirements of the profession for which the health care provider is
11licensed or certified.
AB1038-SSA1,63,1312 6. A temporary credential granted under this paragraph expires at the
13conclusion of the emergency period during which the credential was granted.
AB1038-SSA1,63,21 14(2) Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee
15provisions in chs. 440 to 480, during an emergency period the department may waive
16fees for applications for an initial credential and renewal of a credential for
17registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians,
18physician assistants, perfusionists, respiratory care practitioners, pharmacists,
19psychologists, clinical social workers, independent social workers, social workers,
20marriage and family therapists, professional counselors, and clinical substance
21abuse counselors.
AB1038-SSA1,124 22Section 124. 450.11 (5) (a) of the statutes is amended to read:
AB1038-SSA1,64,723 450.11 (5) (a) Except as provided in par. pars. (bm) and (br), no prescription may
24be refilled unless the requirements of sub. (1) and, if applicable, sub. (1m) have been
25met and written, oral, or electronic authorization has been given by the prescribing

1practitioner. Unless the prescribing practitioner has specified in the prescription
2order that dispensing a prescribed drug in an initial amount followed by periodic
3refills as specified in the prescription order is medically necessary, a pharmacist may
4exercise his or her professional judgment to dispense varying quantities of the
5prescribed drug per fill up to the total number of dosage units authorized by the
6prescribing practitioner in the prescription order including any refills, subject to par.
7(b).
AB1038-SSA1,125 8Section 125. 450.11 (5) (br) of the statutes is created to read:
AB1038-SSA1,64,149 450.11 (5) (br) 1. In the event a pharmacist receives a request for a prescription
10to be refilled and the prescription cannot be refilled as provided in par. (a), the
11pharmacist may, subject to subd. 2. a. to e., extend the existing prescription order and
12dispense the drug to the patient, if the pharmacist has not received and is not aware
13of written or oral instructions from the prescribing practitioner prohibiting further
14dispensing pursuant to or extension of the prescription order.
AB1038-SSA1,64,2015 2. a. A prescribing practitioner may indicate, by writing on the face of the
16prescription order or, with respect to a prescription order transmitted electronically,
17by designating in electronic format the phrase “No extensions," or words of similar
18meaning, that no extension of the prescription order may be made under subd. 1. If
19such indication is made, the pharmacist may not extend the prescription order under
20subd. 1.
AB1038-SSA1,65,221 b. A pharmacist acting under subd. 1. may not extend a prescription order to
22dispense more than a 30-day supply of the prescribed drug, except that if the drug
23is typically packaged in a form that requires a pharmacist to dispense the drug in a
24quantity greater than a 30-day supply, the pharmacist may extend the prescription

1order as necessary to dispense the drug in the smallest quantity in which it is
2typically packaged.
AB1038-SSA1,65,43 c. A pharmacist may not extend a prescription order under subd. 1. for a drug
4that is a controlled substance.
AB1038-SSA1,65,75 d. A pharmacist may not extend a prescription order under subd. 1. for a
6particular patient if a prescription order was previously extended under subd. 1. for
7that patient during the period described in subd. 3.
AB1038-SSA1,65,148 e. A pharmacist shall, at the earliest reasonable time after acting under subd.
91., notify the prescribing practitioner or his or her office, but is not required to
10attempt to procure a new prescription order or refill authorization for the drug by
11contacting the prescribing practitioner or his or her office prior to acting under subd.
121. After acting under subd. 1., the pharmacist may notify the patient or other
13individual that any further refills will require the authorization of a prescribing
14practitioner.
AB1038-SSA1,65,1715 3. This paragraph applies only during the period covered by a public health
16emergency declared by the governor under s. 323.10, including any extension.
17During that time, this paragraph supersedes par. (bm) to the extent of any conflict.
AB1038-SSA1,126 18Section 126. 601.83 (7) of the statutes is created to read:
AB1038-SSA1,65,2019 601.83 (7) COVID-19 costs. (a) In this subsection, “COVID-19” means an
20infection caused by the SARS-CoV-2 coronavirus.
AB1038-SSA1,65,2521 (b) Notwithstanding subs. (2) and (4) (a), from the appropriations under s.
2220.145 (5) (c) and (m), the commissioner may provide reinsurance payments to any
23eligible health carrier for costs related to COVID-19 incurred in benefit year 2020
24for any enrolled individual, regardless whether the costs exceed the attachment
25point set under sub. (2) for the enrollee individual.
AB1038-SSA1,66,3
1(c) Subject to par. (d), the commissioner may make payments for requests for
2costs related to COVID-19 that are submitted by an eligible health carrier in the
3manner established under sub. (5).
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