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AB396-ASA1,127 12Section 127. 450.11 (1i) (a) 1. of the statutes, as affected by 2021 Wisconsin
13Act 23
, is amended to read:
AB396-ASA1,59,2514 450.11 (1i) (a) 1. A pharmacist may, upon and in accordance with the
15prescription order of an advanced practice registered nurse prescriber under s.
16441.18 (2) (a) 1., of a physician under s. 448.037 (2) (a) 1., or of a physician assistant
17under s. 448.9727 (2) (a) 1. that complies with the requirements of sub. (1), deliver
18an opioid antagonist to a person specified in the prescription order and may, upon
19and in accordance with the standing order of an advanced practice registered nurse
20prescriber under s. 441.18 (2) (a) 2., of a physician under s. 448.037 (2) (a) 2., or of
21a physician assistant under s. 448.9727 (2) (a) 2. that complies with the requirements
22of sub. (1), deliver an opioid antagonist to an individual in accordance with the order.
23The pharmacist shall provide a consultation in accordance with rules promulgated
24by the board for the delivery of a prescription to the person to whom the opioid
25antagonist is delivered.
AB396-ASA1,128
1Section 128. 450.11 (1i) (b) 2. b. of the statutes is amended to read:
AB396-ASA1,60,42 450.11 (1i) (b) 2. b. An advanced practice registered nurse prescriber may only
3deliver or dispense an opioid antagonist in accordance with s. 441.18 (2) or in
4accordance with his or her other legal authority to dispense prescription drugs.
AB396-ASA1,129 5Section 129 . 450.11 (7) (b) of the statutes is amended to read:
AB396-ASA1,60,96 450.11 (7) (b) Information communicated to a physician, physician assistant,
7or advanced practice registered nurse prescriber in an effort to procure unlawfully
8a prescription drug or the administration of a prescription drug is not a privileged
9communication.
AB396-ASA1,130 10Section 130 . 450.11 (8) (e) of the statutes is amended to read:
AB396-ASA1,60,1211 450.11 (8) (e) The board of nursing, insofar as this section applies to advanced
12practice nurse prescribers registered nurses.
AB396-ASA1,131 13Section 131 . 450.13 (5) (b) of the statutes is amended to read:
AB396-ASA1,60,1614 450.13 (5) (b) The patient's advanced practice registered nurse prescriber, if the
15advanced practice registered nurse prescriber has entered into a written agreement
16to collaborate with a physician
may issue prescription orders under s. 441.09 (2).
AB396-ASA1,132 17Section 132 . 450.135 (7) (b) of the statutes is amended to read:
AB396-ASA1,60,2118 450.135 (7) (b) The patient's advanced practice registered nurse prescriber, if
19the advanced practice registered nurse prescriber has entered into a written
20agreement to collaborate with a physician
may issue prescription orders under s.
21441.09 (2)
.
AB396-ASA1,133 22Section 133 . 462.04 of the statutes, as affected by 2021 Wisconsin Act 23, is
23amended to read:
AB396-ASA1,61,7 24462.04 Prescription or order required. A person who holds a license or
25limited X-ray machine operator permit under this chapter may not use diagnostic

1X-ray equipment on humans for diagnostic purposes unless authorized to do so by
2prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
3under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
4under s. 446.02, an advanced practice registered nurse certified licensed under s.
5441.16 (2) 441.09, a physician assistant licensed under s. 448.974, or, subject to s.
6448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a
7compact privilege under subch. X of ch. 448.
AB396-ASA1,134 8Section 134. 655.001 (7t) of the statutes is amended to read:
AB396-ASA1,61,139 655.001 (7t) “Health care practitioner" means a health care professional, as
10defined in s. 180.1901 (1m), who is an employee of a health care provider described
11in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care
12services that are not in collaboration with a physician under s. 441.15 (2) (b) or under
13the direction and supervision of a physician or nurse anesthetist.
AB396-ASA1,135 14Section 135 . 655.001 (9) of the statutes is amended to read:
AB396-ASA1,61,2015 655.001 (9) “Nurse anesthetist" means a nurse an individual who is licensed
16under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued
17in a party state, as defined in s. 441.51 (2) (k), and who is certified as a nurse
18anesthetist by the American association of nurse anesthetists
as an advanced
19practice registered nurse and possesses a certified registered nurse anesthetist
20specialty designation under s. 441.09
.
AB396-ASA1,136 21Section 136 . 655.005 (2) (a) of the statutes is amended to read:
AB396-ASA1,61,2522 655.005 (2) (a) An employee of a health care provider if the employee is a
23physician or a nurse anesthetist or is a health care practitioner who is providing
24health care services that are not in collaboration with a physician under s. 441.15 (2)
25(b) or
under the direction and supervision of a physician or nurse anesthetist.
AB396-ASA1,137
1Section 137. 961.01 (19) (a) of the statutes, as affected by 2021 Wisconsin Act
223
, is amended to read:
AB396-ASA1,62,83 961.01 (19) (a) A physician, advanced practice registered nurse, dentist,
4veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.975
5(1) (b), a physician assistant, or other person licensed, registered, certified or
6otherwise permitted to distribute, dispense, conduct research with respect to,
7administer or use in teaching or chemical analysis a controlled substance in the
8course of professional practice or research in this state.
AB396-ASA1,138 9Section 138 . 961.395 of the statutes is amended to read:
AB396-ASA1,62,13 10961.395 Limitation on advanced practice registered nurses. (1) An
11advanced practice registered nurse who is certified may issue prescription orders
12under s. 441.16 441.09 (2) may prescribe controlled substances only as permitted by
13the rules promulgated under s. 441.16 (3) 441.09 (6) (a) 4.
AB396-ASA1,62,17 14(2) An advanced practice registered nurse certified under s. 441.16 who may
15issue prescription orders under s. 441.09 (2)
shall include with each prescription
16order the advanced practice nurse prescriber certification license number issued to
17him or her by the board of nursing.
AB396-ASA1,62,21 18(3) An advanced practice registered nurse certified under s. 441.16 who may
19issue prescription orders under s. 441.09 (2)
may dispense a controlled substance
20only by prescribing or administering the controlled substance or as otherwise
21permitted by the rules promulgated under s. 441.16 (3) 441.09 (6) (a) 4.
AB396-ASA1,139 22Section 139 . Nonstatutory provisions.
AB396-ASA1,63,923 (1) Using the procedure under s. 227.24, the board of nursing may promulgate
24rules under ch. 441 that are necessary to implement the changes in this act.
25Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide

1evidence that promulgating a rule under this subsection as an emergency rule is
2necessary for the preservation of the public peace, health, safety, or welfare and is
3not required to provide a finding of emergency for a rule promulgated under this
4subsection. A rule under this subsection may take effect no later than the date
5specified in Section 140 (intro.) of this act. Notwithstanding s. 227.24 (1) (c) and (2),
6a rule promulgated under this subsection is effective for 2 years after its
7promulgation, or until permanent rules take effect, whichever is sooner, and the
8effective period of a rule promulgated under this subsection may not be further
9extended under s. 227.24 (2).
AB396-ASA1,63,1010 (2) (a) In this subsection, the definitions under s. 441.001 apply.
AB396-ASA1,63,1811 (b) Notwithstanding s. 441.09 (3), an individual who, on January 1, 2022, is
12licensed as a registered nurse in this state and is practicing in a recognized role may
13continue to practice advanced practice registered nursing and the corresponding
14recognized role in which he or she is practicing and may continue to use the titles
15corresponding to the recognized roles in which he or she is practicing during the
16period before which the board takes final action on the person's application under s.
17441.09. This paragraph does not apply after the first day of the 13th month
18beginning after the effective date of this paragraph.
AB396-ASA1,140 19Section 140 . Effective dates. This act takes effect on the first day of the 13th
20month beginning after publication, except as follows:
AB396-ASA1,63,2121 (1) Section 139 (1 ) of this act takes effect on the day after publication.
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