This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB396-ASA1,15 21Section 15 . 50.09 (1) (h) of the statutes is amended to read:
AB396-ASA1,8,2522 50.09 (1) (h) Meet with, and participate in activities of social, religious, and
23community groups at the resident's discretion, unless medically contraindicated as
24documented by the resident's physician, physician assistant, or advanced practice
25registered nurse prescriber in the resident's medical record.
AB396-ASA1,16
1Section 16. 50.09 (1) (k) of the statutes is amended to read:
AB396-ASA1,9,132 50.09 (1) (k) Be free from mental and physical abuse, and be free from chemical
3and physical restraints except as authorized in writing by a physician, physician
4assistant, or advanced practice registered nurse prescriber for a specified and
5limited period of time and documented in the resident's medical record. Physical
6restraints may be used in an emergency when necessary to protect the resident from
7injury to himself or herself or others or to property. However, authorization for
8continuing use of the physical restraints shall be secured from a physician, physician
9assistant, or advanced practice registered nurse prescriber within 12 hours. Any use
10of physical restraints shall be noted in the resident's medical records. “ Physical
11restraints" includes, but is not limited to, any article, device, or garment that
12interferes with the free movement of the resident and that the resident is unable to
13remove easily, and confinement in a locked room.
AB396-ASA1,17 14Section 17 . 50.49 (1) (b) (intro.) of the statutes is amended to read:
AB396-ASA1,9,2315 50.49 (1) (b) (intro.) “Home health services" means the following items and
16services that are furnished to an individual, who is under the care of a physician,
17physician assistant, or advanced practice registered nurse prescriber, by a home
18health agency, or by others under arrangements made by the home health agency,
19that are under a plan for furnishing those items and services to the individual that
20is established and periodically reviewed by a physician, physician assistant, or
21advanced practice registered nurse prescriber and that are, except as provided in
22subd. 6., provided on a visiting basis in a place of residence used as the individual's
23home:
AB396-ASA1,18 24Section 18 . 51.41 (1d) (b) 4. of the statutes is amended to read:
AB396-ASA1,10,10
151.41 (1d) (b) 4. A psychiatric mental health advanced practice registered
2nurse who is suggested by the Milwaukee County board of supervisors. The
3Milwaukee County board of supervisors shall solicit suggestions from organizations
4including the Wisconsin Nurses Association for individuals who specialize in a full
5continuum of behavioral health and medical services including emergency
6detention, inpatient, residential, transitional, partial hospitalization, intensive
7outpatient, and wraparound community-based services. The Milwaukee County
8board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric
9mental health advanced practice registered nurses for this board membership
10position.
AB396-ASA1,19 11Section 19 . 70.47 (8) (intro.) of the statutes, as affected by 2021 Wisconsin Act
1223
, is amended to read:
AB396-ASA1,10,2513 70.47 (8) Hearing. (intro.) The board shall hear upon oath all persons who
14appear before it in relation to the assessment. Instead of appearing in person at the
15hearing, the board may allow the property owner, or the property owner's
16representative, at the request of either person, to appear before the board, under
17oath, by telephone or to submit written statements, under oath, to the board. The
18board shall hear upon oath, by telephone, all ill or disabled persons who present to
19the board a letter from a physician, physician assistant, or advanced practice
20registered nurse prescriber certified under s. 441.16 (2) licensed under ch. 441 that
21confirms their illness or disability. At the request of the property owner or the
22property owner's representative, the board may postpone and reschedule a hearing
23under this subsection, but may not postpone and reschedule a hearing more than
24once during the same session for the same property. The board at such hearing shall
25proceed as follows:
AB396-ASA1,20
1Section 20. 77.54 (14) (f) 3. of the statutes is repealed.
AB396-ASA1,21 2Section 21 . 77.54 (14) (f) 4. of the statutes is amended to read:
AB396-ASA1,11,43 77.54 (14) (f) 4. An advanced practice registered nurse who may issue
4prescription orders under s. 441.09 (2)
.
AB396-ASA1,22 5Section 22 . 97.59 of the statutes is amended to read:
AB396-ASA1,11,18 697.59 Handling foods. No person in charge of any public eating place or other
7establishment where food products to be consumed by others are handled may
8knowingly employ any person handling food products who has a disease in a form
9that is communicable by food handling. If required by the local health officer or any
10officer of the department for the purposes of an investigation, any person who is
11employed in the handling of foods or is suspected of having a disease in a form that
12is communicable by food handling shall submit to an examination by the officer or
13by a physician, physician assistant, or advanced practice registered nurse prescriber
14designated by the officer. The expense of the examination, if any, shall be paid by the
15person examined. Any person knowingly infected with a disease in a form that is
16communicable by food handling who handles food products to be consumed by others
17and any persons knowingly employing or permitting such a person to handle food
18products to be consumed by others shall be punished as provided by s. 97.72.
AB396-ASA1,23 19Section 23 . 102.13 (1) (a) of the statutes is amended to read:
AB396-ASA1,12,620 102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
21by an employee, the employee shall, upon the written request of the employee's
22employer or worker's compensation insurer, submit to reasonable examinations by
23physicians, chiropractors, psychologists, dentists, physician assistants, advanced
24practice nurse prescribers registered nurses, or podiatrists provided and paid for by
25the employer or insurer. No employee who submits to an examination under this

1paragraph is a patient of the examining physician, chiropractor, psychologist,
2dentist, physician assistant, advanced practice registered nurse prescriber, or
3podiatrist for any purpose other than for the purpose of bringing an action under ch.
4655, unless the employee specifically requests treatment from that physician,
5chiropractor, psychologist, dentist, physician assistant, advanced practice registered
6nurse prescriber, or podiatrist.
AB396-ASA1,24 7Section 24 . 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
8read:
AB396-ASA1,12,229 102.13 (1) (b) (intro.) An employer or insurer who requests that an employee
10submit to reasonable examination under par. (a) or (am) shall tender to the employee,
11before the examination, all necessary expenses including transportation expenses.
12The employee is entitled to have a physician, chiropractor, psychologist, dentist,
13physician assistant, advanced practice registered nurse prescriber, or podiatrist
14provided by himself or herself present at the examination and to receive a copy of all
15reports of the examination that are prepared by the examining physician,
16chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced
17practice registered nurse prescriber, or vocational expert immediately upon receipt
18of those reports by the employer or worker's compensation insurer. The employee is
19also entitled to have a translator provided by himself or herself present at the
20examination if the employee has difficulty speaking or understanding the English
21language. The employer's or insurer's written request for examination shall notify
22the employee of all of the following:
AB396-ASA1,13,223 1. The proposed date, time, and place of the examination and the identity and
24area of specialization of the examining physician, chiropractor, psychologist, dentist,

1podiatrist, physician assistant, advanced practice registered nurse prescriber, or
2vocational expert.
AB396-ASA1,13,53 3. The employee's right to have his or her physician, chiropractor, psychologist,
4dentist, physician assistant, advanced practice registered nurse prescriber, or
5podiatrist present at the examination.
AB396-ASA1,13,106 4. The employee's right to receive a copy of all reports of the examination that
7are prepared by the examining physician, chiropractor, psychologist, dentist,
8podiatrist, physician assistant, advanced practice registered nurse prescriber, or
9vocational expert immediately upon receipt of these reports by the employer or
10worker's compensation insurer.
AB396-ASA1,25 11Section 25 . 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
AB396-ASA1,13,1512 102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
13physician assistant, advanced practice registered nurse prescriber, or vocational
14expert who is present at any examination under par. (a) or (am) may be required to
15testify as to the results of the examination.
AB396-ASA1,13,2016 2. Any physician, chiropractor, psychologist, dentist, physician assistant,
17advanced practice registered nurse prescriber, or podiatrist who attended a worker's
18compensation claimant for any condition or complaint reasonably related to the
19condition for which the claimant claims compensation may be required to testify
20before the division when the division so directs.
AB396-ASA1,14,221 3. Notwithstanding any statutory provisions except par. (e), any physician,
22chiropractor, psychologist, dentist, physician assistant, advanced practice registered
23nurse prescriber, or podiatrist attending a worker's compensation claimant for any
24condition or complaint reasonably related to the condition for which the claimant
25claims compensation may furnish to the employee, employer, worker's compensation

1insurer, department, or division information and reports relative to a compensation
2claim.
AB396-ASA1,14,73 4. The testimony of any physician, chiropractor, psychologist, dentist,
4physician assistant, advanced practice registered nurse prescriber, or podiatrist who
5is licensed to practice where he or she resides or practices in any state and the
6testimony of any vocational expert may be received in evidence in compensation
7proceedings.
AB396-ASA1,26 8Section 26. 102.13 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 29,
9is amended to read:
AB396-ASA1,15,210 102.13 (2) (a) An employee who reports an injury alleged to be work-related
11or files an application for hearing waives any physician-patient,
12psychologist-patient, or chiropractor-patient privilege with respect to any condition
13or complaint reasonably related to the condition for which the employee claims
14compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
15physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
16advanced practice registered nurse prescriber, hospital, or health care provider
17shall, within a reasonable time after written request by the employee, employer,
18worker's compensation insurer, department, or division, or its representative,
19provide that person with any information or written material reasonably related to
20any injury for which the employee claims compensation. If the request is by a
21representative of a worker's compensation insurer for a billing statement, the
22physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
23advanced practice registered nurse prescriber, hospital, or health care provider
24shall, within 30 days after receiving the request, provide that person with a complete

1copy of an itemized billing statement or a billing statement in a standard billing
2format recognized by the federal government.
AB396-ASA1,27 3Section 27 . 102.13 (2) (b) of the statutes is amended to read:
AB396-ASA1,15,144 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
5physician assistant, advanced practice registered nurse prescriber, hospital, or
6health service provider shall furnish a legible, certified duplicate of the written
7material requested under par. (a) in paper format upon payment of the actual costs
8of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
9$7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
10duplicate of that material in electronic format upon payment of $26 per request. Any
11person who refuses to provide certified duplicates of written material in the person's
12custody that is requested under par. (a) shall be liable for reasonable and necessary
13costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
14enforcing the requester's right to the duplicates under par. (a).
AB396-ASA1,28 15Section 28 . 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
AB396-ASA1,16,1116 102.17 (1) (d) 1. The contents of certified medical and surgical reports by
17physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
18advanced practice nurse prescribers registered nurses, and chiropractors licensed in
19and practicing in this state, and of certified reports by experts concerning loss of
20earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
21constitute prima facie evidence as to the matter contained in those reports, subject
22to any rules and limitations the division prescribes. Certified reports of physicians,
23podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
24practice nurse prescribers registered nurses, and chiropractors, wherever licensed
25and practicing, who have examined or treated the claimant, and of experts, if the

1practitioner or expert consents to being subjected to cross-examination, also
2constitute prima facie evidence as to the matter contained in those reports. Certified
3reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
4admissible as evidence of the diagnosis, necessity of the treatment, and cause and
5extent of the disability. Certified reports by doctors of dentistry, physician
6assistants, and advanced practice nurse prescribers registered nurses are
7admissible as evidence of the diagnosis and necessity of treatment but not of the
8cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
9psychologist, chiropractor, physician assistant, advanced practice registered nurse
10prescriber, or expert who knowingly makes a false statement of fact or opinion in a
11certified report may be fined or imprisoned, or both, under s. 943.395.
AB396-ASA1,16,1912 2. The record of a hospital or sanatorium in this state that is satisfactory to the
13division, established by certificate, affidavit, or testimony of the supervising officer
14of the hospital or sanatorium, any other person having charge of the record, or a
15physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
16practice registered nurse prescriber, or chiropractor to be the record of the patient
17in question, and made in the regular course of examination or treatment of the
18patient, constitutes prima facie evidence as to the matter contained in the record, to
19the extent that the record is otherwise competent and relevant.
AB396-ASA1,29 20Section 29 . 102.29 (3) of the statutes is amended to read:
AB396-ASA1,16,2521 102.29 (3) Nothing in this chapter shall prevent an employee from taking the
22compensation that the employee may be entitled to under this chapter and also
23maintaining a civil action against any physician, chiropractor, psychologist, dentist,
24physician assistant, advanced practice registered nurse prescriber, or podiatrist for
25malpractice.
AB396-ASA1,30
1Section 30. 102.42 (2) (a) of the statutes is amended to read:
AB396-ASA1,17,142 102.42 (2) (a) When the employer has notice of an injury and its relationship
3to the employment, the employer shall offer to the injured employee his or her choice
4of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
5practice registered nurse prescriber, or podiatrist licensed to practice and practicing
6in this state for treatment of the injury. By mutual agreement, the employee may
7have the choice of any qualified practitioner not licensed in this state. In case of
8emergency, the employer may arrange for treatment without tendering a choice.
9After the emergency has passed the employee shall be given his or her choice of
10attending practitioner at the earliest opportunity. The employee has the right to a
112nd choice of attending practitioner on notice to the employer or its insurance carrier.
12Any further choice shall be by mutual agreement. Partners and clinics are
13considered to be one practitioner. Treatment by a practitioner on referral from
14another practitioner is considered to be treatment by one practitioner.
AB396-ASA1,31 15Section 31. 106.30 (1) of the statutes is amended to read:
AB396-ASA1,17,2016 106.30 (1) Definition. In this section, “nurse" means a registered nurse
17licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse
18licensed or permitted under s. 441.10, or an advanced practice registered nurse
19prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s. 441.15
20441.09.
AB396-ASA1,32 21Section 32 . 118.15 (3) (a) of the statutes is amended to read:
AB396-ASA1,18,822 118.15 (3) (a) Any child who is excused by the school board because the child
23is temporarily not in proper physical or mental condition to attend a school program
24but who can be expected to return to a school program upon termination or
25abatement of the illness or condition. The school attendance officer may request the

1parent or guardian of the child to obtain a written statement from a licensed
2physician, dentist, chiropractor, optometrist, psychologist, physician assistant, or
3nurse practitioner, as defined in s. 255.06 (1) (d), or certified
advanced practice
4registered nurse prescriber, or registered nurse described in s. 255.06 (1) (f) 1. or
5Christian Science practitioner living and residing in this state, who is listed in the
6Christian Science Journal, as sufficient proof of the physical or mental condition of
7the child. An excuse under this paragraph shall be in writing and shall state the time
8period for which it is valid, not to exceed 30 days.
AB396-ASA1,33 9Section 33 . 118.25 (1) (a) of the statutes is amended to read:
AB396-ASA1,18,1310 118.25 (1) (a) “Practitioner" means a person licensed as a physician or as a
11physician assistant in any state or licensed as an advanced practice registered nurse
12or certified as an advanced practice registered nurse prescriber in any state. In this
13paragraph, “physician” has the meaning given in s. 448.01 (5).
AB396-ASA1,34 14Section 34 . 118.29 (1) (e) of the statutes is amended to read:
AB396-ASA1,18,1715 118.29 (1) (e) “Practitioner" means any physician, dentist, optometrist,
16physician assistant, advanced practice registered nurse prescriber with prescribing
17authority
, or podiatrist licensed in any state.
AB396-ASA1,35 18Section 35. 118.2925 (1) (b) of the statutes is repealed.
AB396-ASA1,36 19Section 36 . 118.2925 (3) of the statutes is amended to read:
AB396-ASA1,18,2420 118.2925 (3) Prescriptions for schools. A physician, an advanced practice
21registered nurse prescriber who may issue prescription orders under s. 441.09 (2),
22or a physician assistant may prescribe epinephrine auto-injectors in the name of a
23school that has adopted a plan under sub. (2) (a), to be maintained by the school for
24use under sub. (4).
AB396-ASA1,37 25Section 37 . 118.2925 (4) (c) of the statutes is amended to read:
AB396-ASA1,19,13
1118.2925 (4) (c) Administer an epinephrine auto-injector to a pupil or other
2person who the school nurse or designated school personnel in good faith believes is
3experiencing anaphylaxis in accordance with a standing protocol from a physician,
4an advanced practice registered nurse prescriber who may issue prescription orders
5under s. 441.09 (2)
, or a physician assistant, regardless of whether the pupil or other
6person has a prescription for an epinephrine auto-injector. If the pupil or other
7person does not have a prescription for an epinephrine auto-injector, or the person
8who administers the epinephrine auto-injector does not know whether the pupil or
9other person has a prescription for an epinephrine auto-injector, the person who
10administers the epinephrine auto-injector shall, as soon as practicable, report the
11administration by dialing the telephone number “911" or, in an area in which the
12telephone number “911" is not available, the telephone number for an emergency
13medical service provider.
AB396-ASA1,38 14Section 38 . 118.2925 (5) of the statutes is amended to read:
AB396-ASA1,20,215 118.2925 (5) Immunity from civil liability; exemption from practice of
16medicine.
A school and its designated school personnel, and a physician, an advanced
17practice registered nurse prescriber who may issue prescription orders under s.
18441.09 (2)
, or a physician assistant who provides a prescription or standing protocol
19for school epinephrine auto-injectors, are not liable for any injury that results from
20the administration or self-administration of an epinephrine auto-injector under
21this section, regardless of whether authorization was given by the pupil's parent or
22guardian or by the pupil's physician, physician assistant, or advanced practice
23registered nurse prescriber, unless the injury is the result of an act or omission that
24constitutes gross negligence or willful or wanton misconduct. The immunity from

1liability provided under this subsection is in addition to and not in lieu of that
2provided under s. 895.48.
AB396-ASA1,39 3Section 39 . 146.343 (1) (c) of the statutes is amended to read:
AB396-ASA1,20,74 146.343 (1) (c) “Nurse-midwife" means an individual who is licensed to engage
5in the practice of nurse-midwifery under s. 441.15 (3) (a)
as an advanced practice
6registered nurse and possesses a certified nurse-midwife specialty designation
7under s. 441.09
.
AB396-ASA1,40 8Section 40 . 146.82 (3) (a) of the statutes, as affected by 2021 Wisconsin Act 23,
9is amended to read:
AB396-ASA1,20,1710 146.82 (3) (a) Notwithstanding sub. (1), a physician, a physician assistant, or
11an advanced practice registered nurse prescriber certified under s. 441.16 (2)
12licensed under s. 441.09 who treats a patient whose physical or mental condition in
13the physician's, physician assistant's, or advanced practice nurse prescriber's
14registered nurse's judgment affects the patient's ability to exercise reasonable and
15ordinary control over a motor vehicle may report the patient's name and other
16information relevant to the condition to the department of transportation without
17the informed consent of the patient.
AB396-ASA1,41 18Section 41 . 146.89 (1) (r) 1. of the statutes, as affected by 2021 Wisconsin Act
1923
, is amended to read:
AB396-ASA1,20,2520 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental
21hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife
22advanced practice registered nurse under ch. 441, an optometrist under ch. 449, a
23physician assistant under subch. VIII of ch. 448, a pharmacist under ch. 450, a
24chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical
25therapist under subch. III of ch. 448.
AB396-ASA1,42
1Section 42. 146.89 (1) (r) 3. of the statutes is renumbered 146.89 (1) (r) 5e. and
2amended to read:
AB396-ASA1,21,73 146.89 (1) (r) 5e. A registered nurse practitioner, as defined in s. 255.06 (1) (d)
4who holds a multistate license, as defined in s. 441.51 (2) (h), issued by a party state,
5as defined in s. 441.51 (2) (k), and whose practice of professional nursing under s.
6441.001 (4) includes performance of delegated medical services under the
7supervision of a physician, dentist, podiatrist, or advanced practice registered nurse
.
AB396-ASA1,43 8Section 43. 146.89 (1) (r) 8. of the statutes is repealed.
AB396-ASA1,44 9Section 44 . 146.89 (6) of the statutes is amended to read:
AB396-ASA1,21,1310 146.89 (6) (a) While serving as a volunteer health care provider under this
11section, an advanced practice registered nurse who has a certificate to issue
12prescription orders under s. 441.16 (2)
is considered to meet the requirements of s.
13655.23, if required to comply with s. 655.23.
AB396-ASA1,21,1614 (b) While serving as a volunteer health care provider under this section, an
15advanced practice registered nurse who has a certificate to issue prescription orders
16under s. 441.16 (2)
is not required to maintain in effect malpractice insurance.
AB396-ASA1,45 17Section 45 . 154.01 (1g) of the statutes is amended to read:
AB396-ASA1,21,2118 154.01 (1g) “Advanced practice registered nurse” means a nurse an individual
19licensed under ch. 441 who is currently certified by a national certifying body
20approved by the board of nursing as a nurse practitioner, certified nurse-midwife,
21certified registered nurse anesthetist, or clinical nurse specialist
s. 441.09.
AB396-ASA1,46 22Section 46 . 155.01 (1g) (b) of the statutes is repealed and recreated to read:
AB396-ASA1,21,2423 155.01 (1g) (b) An individual who is licensed as an advanced practice registered
24nurse and possesses a nurse practitioner specialty designation under s. 441.09.
AB396-ASA1,47 25Section 47. 252.01 (1c) of the statutes is repealed.
AB396-ASA1,48
1Section 48. 252.07 (8) (a) 2. of the statutes is amended to read:
AB396-ASA1,22,52 252.07 (8) (a) 2. The department or local health officer provides to the court a
3written statement from a physician, physician assistant, or advanced practice
4registered nurse prescriber that the individual has infectious tuberculosis or suspect
5tuberculosis.
AB396-ASA1,49 6Section 49 . 252.07 (9) (c) of the statutes is amended to read:
AB396-ASA1,22,137 252.07 (9) (c) If the court orders confinement of an individual under this
8subsection, the individual shall remain confined until the department or local health
9officer, with the concurrence of a treating physician, physician assistant, or advanced
10practice registered nurse prescriber, determines that treatment is complete or that
11the individual is no longer a substantial threat to himself or herself or to the public
12health. If the individual is to be confined for more than 6 months, the court shall
13review the confinement every 6 months.
AB396-ASA1,50 14Section 50 . 252.10 (7) of the statutes is amended to read:
AB396-ASA1,22,1915 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis
16shall be purchased by the department from the appropriation account under s.
1720.435 (1) (e) and dispensed to patients through the public health dispensaries, local
18health departments, physicians, or advanced practice nurse prescribers registered
19nurses who may issue prescription orders under s. 441.09 (2)
.
AB396-ASA1,51 20Section 51 . 252.11 (2), (4), (5), (7) and (10) of the statutes are amended to read:
AB396-ASA1,23,621 252.11 (2) An officer of the department or a local health officer having
22knowledge of any reported or reasonably suspected case or contact of a sexually
23transmitted disease for which no appropriate treatment is being administered, or of
24an actual contact of a reported case or potential contact of a reasonably suspected
25case, shall investigate or cause the case or contact to be investigated as necessary.

1If, following a request of an officer of the department or a local health officer, a person
2reasonably suspected of being infected with a sexually transmitted disease refuses
3or neglects examination by a physician, physician assistant, or advanced practice
4registered nurse prescriber or treatment, an officer of the department or a local
5health officer may proceed to have the person committed under sub. (5) to an
6institution or system of care for examination, treatment, or observation.
AB396-ASA1,23,13 7(4) If a person infected with a sexually transmitted disease ceases or refuses
8treatment before reaching what in a physician's, physician assistant's, or advanced
9practice nurse prescriber's registered nurse's opinion is the noncommunicable stage,
10the physician, physician assistant, or advanced practice registered nurse prescriber
11shall notify the department. The department shall without delay take the necessary
12steps to have the person committed for treatment or observation under sub. (5), or
13shall notify the local health officer to take these steps.
AB396-ASA1,24,5 14(5) Any court of record may commit a person infected with a sexually
15transmitted disease to any institution or may require the person to undergo a system
16of care for examination, treatment, or observation if the person ceases or refuses
17examination, treatment, or observation under the supervision of a physician,
18physician assistant, or advanced practice registered nurse prescriber. The court
19shall summon the person to appear on a date at least 48 hours, but not more than
2096 hours, after service if an officer of the department or a local health officer petitions
21the court and states the facts authorizing commitment. If the person fails to appear
22or fails to accept commitment without reasonable cause, the court may cite the
23person for contempt. The court may issue a warrant and may direct the sheriff, any
24constable, or any police officer of the county immediately to arrest the person and
25bring the person to court if the court finds that a summons will be ineffectual. The

1court shall hear the matter of commitment summarily. Commitment under this
2subsection continues until the disease is no longer communicable or until other
3provisions are made for treatment that satisfy the department. The certificate of the
4petitioning officer is prima facie evidence that the disease is no longer communicable
5or that satisfactory provisions for treatment have been made.
AB396-ASA1,24,15 6(7) Reports, examinations and inspections, and all records concerning sexually
7transmitted diseases are confidential and not open to public inspection, and may not
8be divulged except as may be necessary for the preservation of the public health, in
9the course of commitment proceedings under sub. (5), or as provided under s. 938.296
10(4) or 968.38 (4). If a physician, physician assistant, or advanced practice registered
11nurse prescriber has reported a case of sexually transmitted disease to the
12department under sub. (4), information regarding the presence of the disease and
13treatment is not privileged when the patient, physician, physician assistant, or
14advanced practice registered nurse prescriber is called upon to testify to the facts
15before any court of record.
AB396-ASA1,24,23 16(10) The state laboratory of hygiene shall examine specimens for the diagnosis
17of sexually transmitted diseases for any physician, physician assistant, advanced
18practice registered nurse prescriber, or local health officer in the state, and shall
19report the positive results of the examinations to the local health officer and to the
20department. All laboratories performing tests for sexually transmitted diseases
21shall report all positive results to the local health officer and to the department, with
22the name of the physician, physician assistant, or advanced practice registered nurse
23prescriber to whom reported.
AB396-ASA1,52 24Section 52 . 252.15 (3m) (d) 11. b. and 13., (5g) (c), (5m) (d) 2. and (e) 2. and 3.
25and (7m) (intro.) and (b) of the statutes are amended to read:
AB396-ASA1,25,8
1252.15 (3m) (d) 11. b. The coroner, medical examiner, or appointed assistant
2is investigating the cause of death of the subject of the HIV test and has contact with
3the body fluid of the subject of the HIV test that constitutes a significant exposure,
4if a physician, physician assistant, or advanced practice registered nurse prescriber,
5based on information provided to the physician, physician assistant, or advanced
6practice registered nurse prescriber, determines and certifies in writing that the
7coroner, medical examiner, or appointed assistant has had a contact that constitutes
8a significant exposure and if the certification accompanies the request for disclosure.
AB396-ASA1,25,139 13. If the subject of the HIV test has a positive HIV test result and is deceased,
10by the subject's attending physician, physician assistant, or advanced practice
11registered nurse prescriber, to persons, if known to the physician, physician
12assistant, or advanced practice registered nurse prescriber, with whom the subject
13had sexual contact or shared intravenous drug use paraphernalia.
AB396-ASA1,26,4 14(5g) (c) A physician, physician assistant, or advanced practice registered nurse
15prescriber, based on information provided to the physician, physician assistant, or
16advanced practice registered nurse prescriber, determines and certifies in writing
17that the person has had contact that constitutes a significant exposure. The
18certification shall accompany the request for HIV testing and disclosure. If the
19person is a physician, physician assistant, or advanced practice registered nurse
20prescriber, he or she may not make this determination or certification. The
21information that is provided to a physician, physician assistant, or advanced practice
22registered nurse prescriber to document the occurrence of the contact that
23constitutes a significant exposure and the physician's, physician assistant's, or
24advanced practice nurse prescriber's registered nurse's certification that the person
25has had contact that constitutes a significant exposure, shall be provided on a report

1form that is developed by the department of safety and professional services under
2s. 101.02 (19) (a) or on a report form that the department of safety and professional
3services determines, under s. 101.02 (19) (b), is substantially equivalent to the report
4form that is developed under s. 101.02 (19) (a).
AB396-ASA1,26,10 5(5m) (d) 2. A physician, physician assistant, or advanced practice registered
6nurse prescriber, based on information provided to the physician, physician
7assistant, or advanced practice registered nurse prescriber, determines and certifies
8in writing that the contact under subd. 1. constitutes a significant exposure. A health
9care provider who has a contact under subd. 1. c. may not make the certification
10under this subdivision for himself or herself.
AB396-ASA1,26,1311 (e) 2. If the contact occurs as provided under par. (d) 1. b., the attending
12physician, physician assistant, or advanced practice registered nurse prescriber of
13the funeral director, coroner, medical examiner, or appointed assistant.
AB396-ASA1,26,1614 3. If the contact occurs as provided under par. (d) 1. c., the physician, physician
15assistant, or advanced practice registered nurse prescriber who makes the
16certification under par. (d) 2.
Loading...
Loading...