This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB396-ASA1,44,2120 6. The applicant does not have an arrest or conviction record, subject to ss.
21111.321, 111.322, and 111.335.
AB396-ASA1,44,2422 7. The applicant meets any other criteria established by the board by rule under
23sub. (6) (a) 3. relating to the education, training, or experience required for each
24recognized role.
AB396-ASA1,45,6
1(b) 1. a. Subject to subd. 3. and s. 441.07 (1g), the board shall grant an advanced
2practice registered nurse license to an applicant the board determines meets the
3requirements under par. (a). The board shall also grant a person who is granted a
4license under this subd. 1. a. one or more specialty designations corresponding to the
5recognized roles for which the board determines that the person qualifies based on
6the person's qualifications under par. (a).
AB396-ASA1,45,127 b. The board shall grant an advanced practice registered nurse license to each
8individual who, on the day before the effective date of this subd. 1. b. .... [LRB inserts
9date], was certified to issue prescription orders under s. 441.16, 2019 stats. The
10board shall also grant a person who is granted a license under this subd. 1. b. one or
11more specialty designations corresponding to the recognized roles for which the
12board determines that the person qualifies based on the person's qualifications.
AB396-ASA1,45,1713 c. The board shall grant an advanced practice registered nurse license to each
14individual who, on the day before the effective date of this subd. 1. c. .... [LRB inserts
15date], was licensed as a nurse-midwife under s. 441.15, 2019 stats. The board shall
16also grant a person who is granted a license under this subd. 1. c. a nurse-midwife
17specialty designation.
AB396-ASA1,45,1918 2. Each specialty designation granted under subd. 1. shall appear on the
19person's advanced practice registered nurse license.
AB396-ASA1,45,2220 3. The board may not grant an advanced practice registered nurse license to
21a person applying concurrently for a license under s. 441.06 (1), (1c), or (1m), unless
22the board also grants the person the license under s. 441.06 (1), (1c), or (1m).
AB396-ASA1,45,2423 4. The board may place specific limitations on a person licensed as an advanced
24practice registered nurse as a condition of licensure.
AB396-ASA1,46,3
15. If all of the following apply to a person, a notation indicating that the person
2may not issue prescription orders shall appear on the person's advanced practice
3registered nurse license:
AB396-ASA1,46,64 a. The person is granted an advanced practice registered nurse license under
5subd. 1. a. and satisfies only par. (a) 2. b. but not par. (a) 2. a., or the person is granted
6an advanced practice registered nurse license under subd. 1. c.
AB396-ASA1,46,87 b. On January 1, 2022, the person did not hold a certificate under s. 441.16 (2),
82019 Stats.
AB396-ASA1,46,229 (c) On or before the applicable renewal date specified under s. 440.08 (2) (a),
10an advanced practice registered nurse shall submit to the board on a form furnished
11by the board a statement giving his or her name and residence, the nursing workforce
12survey and fee required under s. 441.01 (7), evidence of having satisfied the
13continuing education requirements under sub. (4), evidence of any malpractice
14liability insurance coverage required under sub. (5), any plan required under sub. (3)
15(f), current evidence that the person satisfies each of the requirements under par. (a)
161., 2., 5. a., and 7. that apply with respect to the person, and any other information
17that the board requires by rule, with the applicable renewal fee determined by the
18department under s. 440.03 (9) (a). The board shall grant to a person who satisfies
19the requirements under this paragraph the renewal of his or her advanced practice
20registered nurse license and specialty designations granted under par. (b) 1. and
21shall, if the person holds a license under s. 441.06 (1), (1c), or (1m), also grant the
22renewal of that license.
AB396-ASA1,47,2 23(2) Prescribing authority. (a) Except as provided in par. (b), an advanced
24practice registered nurse may issue prescription orders, subject to the rules

1promulgated under sub. (6) (a) 1. and 4., and may provide expedited partner therapy
2in the manner described in s. 441.092.
AB396-ASA1,47,63 (b) An advanced practice registered nurse may not issue prescription orders if
4a notation under sub. (1) (b) 5. indicating that the advanced practice registered nurse
5may not issue prescription orders appears on the advanced practice registered
6nurse's license.
AB396-ASA1,47,9 7(3) Practice; titles. (a) 1. The holder of a license issued under this section is
8an “advanced practice registered nurse," may append to his or her name the title
9“A.P.R.N.," and is authorized to practice advanced practice registered nursing.
AB396-ASA1,47,1210 2. The holder of a specialty designation for a recognized role granted under sub.
11(1) (b) 1. may append to his or her name the title and an abbreviation corresponding
12to that recognized role.
AB396-ASA1,47,1713 (b) 1. Except as provided in par. (e) and s. 257.03, no person may practice or
14attempt to practice advanced practice registered nursing, nor use the title “advanced
15practice registered nurse," the title “A.P.R.N.," or anything else to indicate that he
16or she is an advanced practice registered nurse unless he or she is licensed under this
17section.
AB396-ASA1,47,1818 2. Except as provided in s. 257.03, no person may do any of the following:
AB396-ASA1,47,2119 a. Use the title “certified nurse-midwife,” the title “C.N.M.,” or anything else
20to indicate that he or she is a certified nurse-midwife unless he or she has been
21granted a certified nurse-midwife specialty designation under sub. (1) (b) 1.
AB396-ASA1,47,2522 b. Use the title “certified registered nurse anesthetist,” the title “C.R.N.A.,” or
23anything else to indicate that he or she is a certified registered nurse anesthetist
24unless he or she has been granted a certified registered nurse anesthetist specialty
25designation under sub. (1) (b) 1.
AB396-ASA1,48,3
1c. Use the title “clinical nurse specialist,” the title “C.N.S.,” or anything else to
2indicate that he or she is a clinical nurse specialist unless he or she has been granted
3a clinical nurse specialist specialty designation under sub. (1) (b) 1.
AB396-ASA1,48,64 d. Use the title “nurse practitioner,” the title “N.P.,” or anything else to indicate
5that he or she is a nurse practitioner unless he or she has been granted a nurse
6practitioner specialty designation under sub. (1) (b) 1.
AB396-ASA1,48,107 (c) 1. Except as provided in subd. 2., an advanced practice registered nurse
8licensed under this section may practice advanced practice registered nursing
9without a written collaborative agreement with a physician or being supervised by
10a physician.
AB396-ASA1,48,1411 2. Nothing in this section prohibits an entity employing or with a relationship
12with an advanced practice registered nurse from establishing additional
13requirements for an advanced practice registered nurse as a condition of
14employment or relationship.
AB396-ASA1,48,2015 (d) An advanced practice registered nurse shall adhere to professional
16standards when managing situations that are beyond the advanced practice
17registered nurse's expertise. If a particular patient's needs are beyond the advanced
18practice registered nurse's expertise, the advanced practice registered nurse shall,
19as warranted by the patient's needs, consult or collaborate with or refer the patient
20to at least one of the following:
AB396-ASA1,48,2121 1. A physician licensed under ch. 448.
AB396-ASA1,48,2422 2. Another health care provider for whom the advanced practice registered
23nurse has reasonable evidence of having a scope of practice that includes the
24authorization to address the patient's needs.
AB396-ASA1,49,7
1(e) An advanced practice registered nurse licensed under this section may
2delegate a task or order to another clinically trained health care worker if the task
3or order is within the scope of the advanced practice registered nurse's practice, the
4advanced practice registered nurse is competent to perform the task or issue the
5order, and the advanced practice registered nurse has reasonable evidence that the
6health care worker is minimally competent to perform the task or issue the order
7under the circumstances.
AB396-ASA1,49,178 (f) An advanced practice nurse with a certified nurse-midwife specialty
9designation may not offer to deliver babies outside of a hospital setting unless the
10advanced practice nurse files with the board, and the board approves, a proactive
11plan for ensuring appropriate care or care transitions conforming with professional
12standards for patients with higher acuity or emergency care needs that exceed the
13advanced practice registered nurse's scope of practice. An advanced practice
14registered nurse who offers to deliver babies outside of a hospital setting shall file
15a plan under this paragraph when applying for an initial license under this section
16or a renewal of a license under this section, shall keep the plan current with the
17board, and shall follow the plan.
AB396-ASA1,49,22 18(4) Continuing education. Every advanced practice registered nurse shall
19submit to the board evidence of having completed at least 16 contact hours per
20biennium in clinical pharmacology or therapeutics relevant to the advanced practice
21registered nurse's area of practice. The board may promulgate rules regarding the
22continuing education requirements under this subsection.
AB396-ASA1,50,6 23(5) Malpractice liability insurance. Except for a person whose employer has
24in effect malpractice liability insurance that provides coverage for the person in the
25amounts specified under s. 655.23 (4), no person may practice advanced practice

1registered nursing unless he or she at all times has in effect malpractice liability
2insurance coverage in the minimum amounts required by the rules of the board. An
3advanced practice registered nurse shall submit evidence of that coverage to the
4board when applying for an initial license under this section or a renewal of a license
5under this section. An advanced practice registered nurse shall also submit such
6evidence to the board upon request of the board.
AB396-ASA1,50,8 7(6) Rules. (a) The board shall promulgate rules necessary to administer this
8section, including rules for all of the following:
AB396-ASA1,50,139 1. Further defining the scope of practice of an advanced practice registered
10nurse, practice of a certified nurse-midwife, practice of a certified registered nurse
11anesthetist, practice of a nurse practitioner, and practice of a clinical nurse specialist
12and defining the scope of practice within which an advanced practice registered
13nurse may issue prescription orders under sub. (2).
AB396-ASA1,50,1514 2. Determining acceptable national certification for purposes of sub. (1) (a) 2.
15a.
AB396-ASA1,50,1916 3. Establishing the appropriate education, training, or experience
17requirements that a registered nurse must satisfy in order to be an advanced practice
18registered nurse and to obtain each specialty designation corresponding to the
19recognized roles.
AB396-ASA1,50,2120 4. Specifying the classes of drugs, individual drugs, or devices that may not be
21prescribed by an advanced practice registered nurse under sub. (2).
AB396-ASA1,50,2222 5. Specifying the conditions to be met for registered nurses to do the following:
AB396-ASA1,50,2323 a. Administer a drug prescribed by an advanced practice registered nurse.
AB396-ASA1,50,2424 b. Administer a drug at the direction of an advanced practice registered nurse.
AB396-ASA1,51,4
16. Establishing the minimum amount of malpractice liability insurance
2coverage that an advanced practice registered nurse must at all times have in effect
3for purposes of sub. (5). The board shall promulgate rules under this subdivision in
4consultation with the commissioner of insurance.
AB396-ASA1,51,65 7. Establishing standards of professional conduct for advanced practice
6registered nurses generally and for practicing in each recognized role.
AB396-ASA1,51,97 (b) The board may not promulgate rules that expand the scope of practice of an
8advanced practice registered nurse beyond the practices within advanced practice
9registered nursing.
AB396-ASA1,101 10Section 101. 441.092 of the statutes is created to read:
AB396-ASA1,51,11 11441.092 Expedited partner therapy. (1) In this section:
AB396-ASA1,51,1212 (b) “Antimicrobial drug" has the meaning given in s. 448.035 (1) (b).
AB396-ASA1,51,1313 (c) “Expedited partner therapy" has the meaning given in s. 448.035 (1) (c).
AB396-ASA1,51,25 14(2) Notwithstanding the requirements of s. 448.9785, an advanced practice
15registered nurse who may issue prescription orders under s. 441.09 (2) may provide
16expedited partner therapy if a patient is diagnosed as infected with a chlamydial
17infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with
18a sexual partner during which the chlamydial infection, gonorrhea, or
19trichomoniasis may have been transmitted to or from the sexual partner. The
20advanced practice registered nurse shall attempt to obtain the name of the patient's
21sexual partner. A prescription order for an antimicrobial drug prepared under this
22subsection shall include the name and address of the patient's sexual partner, if
23known. If the advanced practice registered nurse is unable to obtain the name of the
24patient's sexual partner, the prescription order shall include, in ordinary, bold-faced
25capital letters, the words, “expedited partner therapy" or the letters “EPT."
AB396-ASA1,52,4
1(3) The advanced practice registered nurse shall provide the patient with a
2copy of the information sheet prepared by the department of health services under
3s. 46.03 (44) and shall request that the patient give the information sheet to the
4person with whom the patient had sexual contact.
AB396-ASA1,52,9 5(4) (a) Except as provided in par. (b), an advanced practice registered nurse is
6immune from civil liability for injury to or the death of a person who takes any
7antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished
8under this section and if expedited partner therapy is provided as specified under
9this section.
AB396-ASA1,52,1310 (b) The immunity under par. (a) does not extend to the donation, distribution,
11furnishing, or dispensing of an antimicrobial drug by an advanced practice
12registered nurse whose act or omission involves reckless, wanton, or intentional
13misconduct.
AB396-ASA1,102 14Section 102 . 441.10 (7) of the statutes is amended to read:
AB396-ASA1,53,215 441.10 (7) No license is required for practical nursing, but, except as provided
16in s. 257.03, no person without a license may hold himself or herself out as a licensed
17practical nurse or licensed attendant, use the title or letters “Trained Practical
18Nurse" or “T.P.N.", “Licensed Practical Nurse" or “L.P.N.", “ Licensed Attendant" or
19“L.A.", “Trained Attendant" or “T.A.", or otherwise seek to indicate that he or she is
20a licensed practical nurse or licensed attendant. No licensed practical nurse or
21licensed attendant may use the title, or otherwise seek to act as a registered, licensed,
22graduate or professional nurse. Anyone violating this subsection shall be subject to
23the penalties prescribed by s. 441.13. The board shall grant without examination a
24license as a licensed practical nurse to any person who was on July 1, 1949, a licensed
25attendant.
This subsection does not apply to any licensed practical nurse who holds

1a multistate license, as defined in s. 441.51 (2) (h), issued by a jurisdiction, other than
2this state, that has adopted the enhanced nurse licensure compact under s. 441.51.
AB396-ASA1,103 3Section 103. 441.11 (title) of the statutes is repealed.
AB396-ASA1,104 4Section 104 . 441.11 (1) of the statutes is repealed.
AB396-ASA1,105 5Section 105. 441.11 (2) of the statutes is renumbered 441.09 (5m) and
6amended to read:
AB396-ASA1,53,127 441.09 (5m) Licensure exemption. The provisions of s. 448.04 (1) (g) 448.03
8(1) (d)
do not apply to a an advanced practice registered nurse licensed under this
9section who possesses a certified registered
nurse anesthetist specialty designation
10under sub. (1) (b) 1.
or to a person who engages in the practice of a nurse anesthetist
11while performing official duties for the armed services or federal health services of
12the United States.
AB396-ASA1,106 13Section 106. 441.11 (3) of the statutes is repealed.
AB396-ASA1,107 14Section 107. 441.15 of the statutes is repealed.
AB396-ASA1,108 15Section 108 . 441.16 of the statutes is repealed.
AB396-ASA1,109 16Section 109 . 441.18 (2) (a) (intro.) of the statutes is amended to read:
AB396-ASA1,53,1817 441.18 (2) (a) (intro.) An advanced practice registered nurse certified to who
18may
issue prescription orders under s. 441.16 441.09 (2) may do any of the following:
AB396-ASA1,110 19Section 110 . 441.18 (2) (b) of the statutes is amended to read:
AB396-ASA1,54,220 441.18 (2) (b) An advanced practice registered nurse who prescribes or delivers
21an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid
22antagonist is prescribed has or has the capacity to provide the knowledge and
23training necessary to safely administer the opioid antagonist to an individual
24undergoing an opioid-related overdose and that the person demonstrates the

1capacity to ensure that any individual to whom the person further delivers the opioid
2antagonist has or receives that knowledge and training.
AB396-ASA1,111 3Section 111 . 441.18 (3) of the statutes is amended to read:
AB396-ASA1,54,94 441.18 (3) An advanced practice registered nurse who, acting in good faith,
5prescribes or delivers an opioid antagonist in accordance with sub. (2), or who, acting
6in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist, shall
7be immune from criminal or civil liability and may not be subject to professional
8discipline under s. 441.07 for any outcomes resulting from prescribing, delivering,
9or dispensing the opioid antagonist.
AB396-ASA1,112 10Section 112 . 441.19 of the statutes is repealed.
AB396-ASA1,113 11Section 113 . Subchapter II (title) of chapter 441 [precedes 441.51] of the
12statutes is amended to read:
AB396-ASA1,54,1313 Chapter 441
AB396-ASA1,54,1414 SUBCHAPTER II
AB396-ASA1,54,15 15ENHANCED NURSE LICENSURE COMPACT
AB396-ASA1,114 16Section 114 . 441.51 (title) of the statutes is amended to read:
AB396-ASA1,54,17 17441.51 (title) Enhanced nurse Nurse licensure compact.
AB396-ASA1,115 18Section 115 . 448.03 (2) (a) of the statutes, as affected by 2021 Wisconsin Act
1923
, is amended to read:
AB396-ASA1,55,220 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
21permit, registration, certificate or certification granted to practice midwifery under
22subch. XIII of ch. 440, to practice professional or , practical, or advanced practice
23registered
nursing or nurse-midwifery under ch. 441, to practice chiropractic under
24ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry
25under ch. 449, to practice as a physician assistant under subch. VIII, to practice

1acupuncture under ch. 451 or under any other statutory provision, or as otherwise
2provided by statute.
AB396-ASA1,116 3Section 116. 448.035 (1) (a) of the statutes is repealed.
AB396-ASA1,117 4Section 117 . 448.035 (2) to (4) of the statutes, as affected by 2021 Wisconsin
5Act 23
, are amended to read:
AB396-ASA1,55,186 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician or
7certified advanced practice nurse prescriber
may provide expedited partner therapy
8if the patient is diagnosed as infected with a chlamydial infection, gonorrhea, or
9trichomoniasis and the patient has had sexual contact with a sexual partner during
10which the chlamydial infection, gonorrhea, or trichomoniasis may have been
11transmitted to or from the sexual partner. The physician or certified advanced
12practice nurse prescriber
shall attempt to obtain the name of the patient's sexual
13partner. A prescription order for an antimicrobial drug prepared under this
14subsection shall include the name and address of the patient's sexual partner, if
15known. If the physician or certified advanced practice nurse prescriber is unable to
16obtain the name of the patient's sexual partner, the prescription order shall include,
17in ordinary bold-faced capital letters, the words, “expedited partner therapy" or the
18letters “EPT."
AB396-ASA1,55,22 19(3) The physician or certified advanced practice nurse prescriber shall provide
20the patient with a copy of the information sheet prepared by the department of health
21services under s. 46.03 (44) and shall request that the patient give the information
22sheet to the person with whom the patient had sexual contact.
AB396-ASA1,56,2 23(4) (a) Except as provided in par. (b), a physician or certified advanced practice
24nurse prescriber
is immune from civil liability for injury to or the death of a person
25who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed,

1or furnished under this section and if expedited partner therapy is provided as
2specified under this section.
AB396-ASA1,56,63 (b) The immunity under par. (a) does not extend to the donation, distribution,
4furnishing, or dispensing of an antimicrobial drug by a physician or certified
5advanced practice nurse prescriber
whose act or omission involves reckless, wanton,
6or intentional misconduct.
AB396-ASA1,118 7Section 118 . 448.56 (1) and (1m) (b) of the statutes are amended to read:
AB396-ASA1,56,228 448.56 (1) Written referral. Except as provided in this subsection and s.
9448.52, a person may practice physical therapy only upon the written referral of a
10physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice
11registered nurse prescriber certified under s. 441.16 (2). Written referral is not
12required if a physical therapist provides services in schools to children with
13disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the
14department of public instruction; provides services as part of a home health care
15agency; provides services to a patient in a nursing home pursuant to the patient's
16plan of care; provides services related to athletic activities, conditioning, or injury
17prevention; or provides services to an individual for a previously diagnosed medical
18condition after informing the individual's physician, physician assistant,
19chiropractor, dentist, podiatrist, or advanced practice registered nurse prescriber
20certified under s. 441.16 (2)
who made the diagnosis. The examining board may
21promulgate rules establishing additional services that are excepted from the written
22referral requirements of this subsection.
AB396-ASA1,57,3 23(1m) (b) The examining board shall promulgate rules establishing the
24requirements that a physical therapist must satisfy if a physician, physician
25assistant, chiropractor, dentist, podiatrist, or advanced practice registered nurse

1prescriber makes a written referral under sub. (1). The purpose of the rules shall be
2to ensure continuity of care between the physical therapist and the health care
3practitioner.
AB396-ASA1,119 4Section 119 . 448.62 (2m) of the statutes is amended to read:
AB396-ASA1,57,85 448.62 (2m) An advanced practice registered nurse who is certified to issue
6prescription orders under s. 441.16 and
who is providing nonsurgical patient services
7as directed, supervised, and inspected by a podiatrist who has the power to direct,
8decide, and oversee the implementation of the patient services rendered.
AB396-ASA1,120 9Section 120 . 448.67 (2) of the statutes is amended to read:
AB396-ASA1,57,1910 448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee
11who renders any podiatric service or assistance, or gives any podiatric advice or any
12similar advice or assistance, to any patient, podiatrist, physician, physician
13assistant, advanced practice registered nurse prescriber certified under s. 441.16 (2),
14partnership, or corporation, or to any other institution or organization, including a
15hospital, for which a charge is made to a patient, shall, except as authorized by
16Title 18 or Title 19 of the federal Social Security Act, render an individual statement
17or account of the charge directly to the patient, distinct and separate from any
18statement or account by any other podiatrist, physician, physician assistant,
19advanced practice registered nurse prescriber, or other person.
AB396-ASA1,121 20Section 121 . 448.956 (1m) of the statutes, as affected by 2021 Wisconsin Act
2123
, is amended to read:
AB396-ASA1,58,322 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training
23to an individual without a referral, except that a licensee may not provide athletic
24training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
25setting unless the licensee has obtained a written referral for the individual from a

1practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
2under ch. 446; or under s. 441.16 (2) 441.09 or from a practitioner who holds a
3compact privilege under subch. X of ch. 448.
Loading...
Loading...