This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB515,23,2522 b. If the applicant does not satisfy subd. 3. a., that the applicant, prior to
23January 1, 1986, successfully passed the Physician Assistant National Certifying
24Examination administered by the National Commission on Certification of
25Physician Assistants.
SB515,24,2
14. The applicant passes the National Commission on Certification of Physician
2Assistants examination or an equivalent national examination adopted by the board.
SB515,24,43 5. The applicant provides a listing with all employers, practice settings,
4internships, residencies, fellowships, and other employment for the past 7 years.
SB515,24,65 6. Subject to ss. 111.321, 111.322, and 111.335, the applicant does not have an
6arrest or conviction record.
SB515,24,137 (b) Paragraph (a) 3. does not apply to an applicant if the applicant provides
8evidence that he or she is licensed as a physician assistant or physician associate in
9another state, the District of Columbia, Puerto Rico, the United States Virgin
10Islands, or any territory or insular possession subject to the jurisdiction of the United
11States and the board determines that the requirements for obtaining the license in
12that state or territory are substantially equivalent to the requirements under par.
13(a).
SB515,24,16 14(2) (a) The renewal date for a license issued under this chapter is specified
15under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the
16department under s. 440.03 (9) (a). Renewal of a license is subject to par. (b).
SB515,24,2117 (b) An applicant for the renewal of a license under this chapter shall submit
18with his or her application for renewal proof of having satisfied the continuing
19education requirements imposed by the board under s. 461.05 (1) (b). This paragraph
20does not apply to an applicant for renewal of a license that expires on the first
21renewal date after the date on which the board initially granted the license.
SB515,24,25 22(3) Notwithstanding sub. (1), an individual who, on the effective date of this
23subsection .... [LRB inserts date], was licensed by the medical examining board as
24a physician assistant under subch. II of ch. 448, 2017 stats., shall be considered to
25have been licensed under sub. (1) for purposes of this chapter.
SB515,25,4
1461.10 Practice and employment. (1) (a) Subject to the limitations and
2requirements under sub. (2); the physician assistant's experience, education, and
3training; and any rules promulgated under sub. (5), a physician assistant may do any
4of the following:
SB515,25,65 1. Examine into the fact, condition, or cause of human health or disease, or
6treat, operate, prescribe, or advise for the same, by any means or instrumentality.
SB515,25,87 2. Apply principles or techniques of medical sciences in the diagnosis or
8prevention of any of the conditions described in subd. 1. and in s. 461.01 (2).
SB515,25,99 3. Penetrate, pierce, or sever the tissues of a human being.
SB515,25,1110 4. Offer, undertake, attempt, or hold oneself out in any manner as able to do
11any of the acts described in this paragraph.
SB515,25,1512 (b) Subject to any rules promulgated by the board and consistent with his or
13her experience, education, and training, a physician assistant may order, prescribe,
14procure, dispense, and administer prescription drugs, medical devices, services, and
15supplies.
SB515,25,1916 (c) A physician assistant may practice in ambulatory care, acute care,
17long-term care, home care, or other settings as a primary, specialty, or surgical care
18provider who may serve as a patient's primary care provider or specialty care
19provider.
SB515,25,22 20(2) (a) 1. Except as provided in subd. 3. and sub. (5) (a) or (b), a physician
21assistant who provides care to patients shall maintain and provide to the board upon
22request one of the following:
SB515,26,423 a. Evidence that, pursuant to the physician assistant's employment, there is
24a physician who is primarily responsible for the overall direction and management
25of the physician assistant's professional activities and for assuring that the services

1provided by the physician assistant are medically appropriate. In this subd. 1. a.,
2“employment” includes an arrangement between the physician assistant and a 3rd
3party in which the 3rd party receives payment for services provided by the physician
4assistant.
SB515,26,75 b. A written collaborative agreement with a physician that describes the
6physician assistant's individual scope of practice and that includes other information
7as required by the board.
SB515,26,118 c. If the physician assistant's practice is limited to the practice of podiatry, a
9written collaborative agreement with a podiatrist or physician that describes the
10physician assistant's individual scope of podiatry practice and that includes other
11information as required by the board.
SB515,26,1312 2. Subdivision 1. does not require the physical presence of a physician or
13podiatrist at the time and place a physician assistant renders a service.
SB515,26,1614 3. Subdivision 1. does not apply with respect to a physician assistant who is
15employed by the federal government as a civilian or member of the uniformed
16services while performing duties incident to that employment or service.
SB515,26,1817 (b) A physician assistant shall limit his or her practice to the scope of his or her
18experience, education, and training.
SB515,26,2019 (c) No physician assistant may provide medical care, except routine screening
20and emergency care, in any of the following:
SB515,26,2121 1. The practice of dentistry or dental hygiene within the meaning of ch. 447.
SB515,26,2222 2. The practice of optometry within the meaning of ch. 449.
SB515,26,2323 3. The practice of chiropractic within the meaning of ch. 446.
SB515,26,2424 4. The practice of acupuncture within the meaning of ch. 451.
SB515,27,2
1(3) (a) It shall be the obligation of a physician assistant to ensure all of the
2following:
SB515,27,43 1. That the scope of the practice of a physician assistant is identified and is
4appropriate with respect to his or her experience, education, and training.
SB515,27,65 2. For purposes of sub. (2) (a) 1. b. and c., that the relationship with and access
6to a collaborating physician or podiatrist by the physician assistant is defined.
SB515,27,87 3. That the requirements and standards of licensure under this chapter are
8complied with.
SB515,27,139 4. That consultation with and referral to other licensed health care providers
10with a scope of practice appropriate for a patient's care needs occurs when the
11patient's care needs exceed the physician assistant's experience, education, or
12training. A physician assistant shall ensure that he or she has awareness of options
13for the management of situations that are beyond the physician assistant's expertise.
SB515,27,1514 (b) A physician assistant is individually and independently responsible for the
15quality of the care he or she renders.
SB515,27,20 16(4) A physician assistant may delegate a care task or order to another clinically
17trained health care worker if the physician assistant is competent to perform the
18delegated task or order and has reasonable evidence that the clinically trained
19health care worker is minimally competent to perform the task or issue the order
20under the circumstances.
SB515,27,22 21(5) The board shall promulgate any rules necessary to implement this section,
22including rules to do any of the following:
SB515,27,2523 (a) Allow for temporary practice, specifically defined and actively monitored by
24the board, in the event of an interruption of a collaborative relationship under sub.
25(2) (a) 1. b. or c.
SB515,28,4
1(b) Allow a physician assistant, in the absence of an employment or
2collaborative relationship under sub. (2) (a) 1., to provide medical care at the scene
3of an emergency, during a declared state of emergency or other disaster, or when
4volunteering at sporting events or at camps.
SB515,28,10 5(6) The practice permissions provided in this section are permissions granted
6by the state authorizing the licensed practice of physician assistants. Nothing in this
7section prohibits an employer, hospital, health plan, or other similar entity
8employing or with a relationship with a licensed physician assistant from
9establishing additional requirements for a licensed physician assistant as a
10condition of employment or relationship.
SB515,28,12 11461.11 Civil liability. No physician assistant shall be liable for any civil
12damages for either of the following:
SB515,28,16 13(1) Reporting in good faith to the department of transportation under s. 146.82
14(3) a patient's name and other information relevant to a physical or mental condition
15of the patient that in the physician assistant's judgment impairs the patient's ability
16to exercise reasonable and ordinary control over a motor vehicle.
SB515,28,20 17(2) In good faith, not reporting to the department of transportation under s.
18146.82 (3) a patient's name and other information relevant to a physical or mental
19condition of the patient that in the physician assistant's judgment does not impair
20the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
SB515,28,24 21461.12 Malpractice liability insurance. (1) Except as provided in subs. (2)
22and (3), no physician assistant may practice as authorized under s. 461.10 unless he
23or she has in effect malpractice liability insurance coverage evidenced by one of the
24following:
SB515,29,2
1(a) Personal liability coverage in the amounts specified for health care
2providers under s. 655.23 (4).
SB515,29,43 (b) Coverage under a group liability policy providing individual coverage for the
4physician assistant in the amounts under s. 655.23 (4).
SB515,29,10 5(2) The board may promulgate rules requiring a practicing physician assistant
6to have in effect malpractice liability insurance coverage in amounts greater than
7those specified in sub. (1) (a) or (b) or (4). If the board promulgates rules under this
8subsection, no physician assistant may practice as authorized under s. 461.10 unless
9he or she has in effect malpractice liability insurance coverage as required under
10those rules, except as provided in sub. (3).
SB515,29,14 11(3) A physician assistant who is a state, county, or municipal employee, or
12federal employee or contractor covered under the federal tort claims act, as amended,
13and who is acting within the scope of his or her employment or contractual duties is
14not required to maintain in effect malpractice insurance coverage.
SB515,29,18 15(4) Except as provided in subs. (2) and (3), a physician assistant may comply
16with sub. (1) if the physician assistant's employer has in effect malpractice liability
17insurance that is at least the minimum amount specified under s. 655.23 (4) and that
18provides coverage for claims against the physician assistant.
SB515,29,21 19461.30 Professional discipline. (1) Subject to the rules promulgated under
20s. 440.03 (1), the board may conduct investigations and hearings to determine
21whether a person has violated this chapter or a rule promulgated under this chapter.
SB515,29,24 22(2) Subject to the rules promulgated under s. 440.03 (1), if a person who applies
23for or holds a license issued under s. 461.07 does any of the following, the board may
24reprimand the person or deny, limit, suspend, or revoke the person's license:
SB515,30,2
1(a) Makes a material misstatement in an application for a license or an
2application for renewal of a license under s. 461.07.
SB515,30,53 (b) Violates any law of this state or federal law that substantially relates to the
4practice of a physician assistant, violates this chapter, or violates a rule promulgated
5under this chapter.
SB515,30,66 (c) Advertises, practices, or attempts to practice under another person's name.
SB515,30,87 (d) Engages in unprofessional conduct. In this paragraph, “unprofessional
8conduct" does not include any of the following:
SB515,30,99 1. Providing expedited partner therapy as described in s. 461.035.
SB515,30,1110 2. Prescribing or delivering an opioid antagonist in accordance with s. 461.037
11(2).
SB515,30,1312 (e) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of
13a felony.
SB515,30,1514 (f) Subject to ss. 111.321, 111.322, and 111.34, practices as a physician assistant
15while his or her ability is impaired by alcohol or other drugs.
SB515,30,1616 (g) Engages in fraud or deceit in obtaining or using his or her license.
SB515,30,1717 (h) Is adjudicated mentally incompetent by a court.
SB515,30,1818 (i) Demonstrates gross negligence, incompetence, or misconduct in practice.
SB515,30,2119 (j) Knowingly, recklessly, or negligently divulges a privileged communication
20or other confidential patient health care information except as required or permitted
21by state or federal law.
SB515,30,2322 (k) Fails to cooperate with the board, or fails to timely respond to a request for
23information by the board, in connection with an investigation under this section.
SB515,30,2524 (L) Prescribes, sells, administers, distributes, orders, or provides a controlled
25substance for a purpose other than a medical purpose.
SB515,31,2
1(m) Demonstrates a lack of physical or mental ability to safely practice as a
2physician assistant.
SB515,31,43 (n) Engages in any practice that is outside the scope of his or her experience,
4education, or training.
SB515,31,65 (o) Is disciplined or has been disciplined by another state or jurisdiction based
6upon acts or conduct similar to acts or conduct prohibited under pars. (a) to (n).
SB515,31,15 7461.40 Informed consent. Any physician assistant who treats a patient shall
8inform the patient about the availability of reasonable alternate medical modes of
9treatment and about the benefits and risks of these treatments. The reasonable
10physician assistant standard is the standard for informing a patient under this
11section. The reasonable physician assistant standard requires disclosure only of
12information that a reasonable physician assistant in the same or a similar medical
13specialty would know and disclose under the circumstances. The physician
14assistant's duty to inform the patient under this section does not require disclosure
15of any of the following:
SB515,31,17 16(1) Detailed technical information that in all probability a patient would not
17understand.
SB515,31,18 18(2) Risks apparent or known to the patient.
SB515,31,20 19(3) Extremely remote possibilities that might falsely or detrimentally alarm
20the patient.
SB515,31,22 21(4) Information in emergencies where failure to provide treatment would be
22more harmful to the patient than treatment.
SB515,31,23 23(5) Information in cases where the patient is incapable of consenting.
SB515,32,3
1(6) Information about alternate medical modes of treatment for any condition
2the physician assistant has not included in his or her diagnosis at the time the
3physician informs the patient.
SB515,32,5 4461.50 Penalties. Any person who violates this chapter is subject to a fine not
5to exceed $10,000 or imprisonment not to exceed 9 months, or both.
SB515,32,11 6461.51 Injunction. If it appears upon complaint to the board by any person
7or if it is known to the board that any person is violating this subchapter, or rules
8adopted by the board under this subchapter, the board or the attorney general may
9investigate and may, in addition to any other remedies, bring action in the name and
10on behalf of the state against any such person to enjoin such person from such
11violation. The attorney general shall represent the board in all proceedings.
SB515,32,15 12461.52 Duty to report. (1)  A physician assistant who has reason to believe
13any of the following about another physician assistant shall promptly submit a
14written report to the board that includes facts relating to the conduct of the other
15physician assistant:
SB515,32,1716 (a) The other physician assistant is engaging or has engaged in acts that
17constitute a pattern of unprofessional conduct.
SB515,32,1918 (b) The other physician assistant is engaging or has engaged in an act that
19creates an immediate or continuing danger to one or more patients or to the public.
SB515,32,2020 (c) The other physician assistant is or may be medically incompetent.
SB515,32,2221 (d) The other physician assistant is or may be mentally or physically unable
22safely to engage in the practice of a physician assistant.
SB515,32,25 23(2) No physician assistant who reports to the board under sub. (1) may be held
24civilly or criminally liable or be found guilty of unprofessional conduct for reporting
25in good faith.
SB515,72
1Section 72. 462.02 (2) (e) of the statutes is amended to read:
SB515,33,22 462.02 (2) (e) A physician assistant licensed under s. 448.04 (1) (f) 461.07.
SB515,73 3Section 73. 462.04 of the statutes is amended to read:
SB515,33,11 4462.04 Prescription or order required. A person who holds a license or
5limited X-ray machine operator permit under this chapter may not use diagnostic
6X-ray equipment on humans for diagnostic purposes unless authorized to do so by
7prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
8under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
9under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician
10assistant licensed under s. 448.04 (1) (f) 461.07, or, subject to s. 448.56 (7) (a), a
11physical therapist licensed under s. 448.53.
SB515,74 12Section 74. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
SB515,33,2413 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician
14assistant,
podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed
15under ch. 446, dentist licensed under ch. 447, physician assistant licensed under ch.
16461,
emergency medical services practitioner licensed under s. 256.15, emergency
17medical responder certified under s. 256.15 (8), registered nurse licensed under ch.
18441, or a massage therapist or bodywork therapist licensed under ch. 460 who
19renders voluntary health care to a participant in an athletic event or contest
20sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
21as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
22agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
23immune from civil liability for his or her acts or omissions in rendering that care if
24all of the following conditions exist:
SB515,75 25Section 75. 961.01 (19) (a) of the statutes is amended to read:
SB515,34,6
1961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian,
2podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a , physician
3assistant, or other person licensed, registered, certified or otherwise permitted to
4distribute, dispense, conduct research with respect to, administer , or use in teaching
5or chemical analysis a controlled substance in the course of professional practice or
6research in this state.
Loading...
Loading...