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June 14, 2021 - Introduced by Representatives Cabral-Guevara, Magnafici,
Brandtjen, Brooks, Callahan, Gundrum, Kitchens, Knodl, Krug,
Kuglitsch, Kurtz, Macco, Murphy, Petersen, J. Rodriguez, Rozar,
Skowronski, Snyder, Tauchen, Tittl, Tusler, Wichgers, Riemer and
Dittrich, cosponsored by Senators Testin, Felzkowski, Marklein, Stroebel
and Jacque. Referred to Committee on Health.
AB396,3,2 1An Act to repeal 50.01 (1b), 77.54 (14) (f) 3., 118.2925 (1) (b), 146.89 (1) (r) 3.,
2252.01 (1c), 440.03 (13) (b) 3., 440.03 (13) (b) 42., 440.08 (2) (a) 4m., 440.08 (2)
3(a) 50., 441.11 (title), 441.11 (1), 441.11 (3), 441.15, 441.16, 441.19, 448.035 (1)
4(a) and 450.01 (1m); to renumber and amend 253.13 (1), 255.06 (1) (d), 441.06
5(7) and 441.11 (2); to amend 14.87 (title), 29.193 (1m) (a) 2. (intro.), 29.193 (2)
6(b) 2., 29.193 (2) (c) 3., 29.193 (2) (cd) 2. b., 29.193 (2) (cd) 2. c., 29.193 (2) (e),
729.193 (3) (a), 45.40 (1g) (a), 46.03 (44), 50.08 (2), 50.09 (1) (a) (intro.), 50.09 (1)
8(f) 1., 50.09 (1) (h), 50.09 (1) (k), 50.49 (1) (b) (intro.), 51.41 (1d) (b) 4., 70.47 (8)
9(intro.), 77.54 (14) (f) 4., 97.59, 102.13 (1) (a), 102.13 (1) (b) (intro.), 1., 3. and 4.,
10102.13 (1) (d) 1., 2., 3. and 4., 102.13 (2) (a), 102.13 (2) (b), 102.17 (1) (d) 1. and
112., 102.29 (3), 102.42 (2) (a), 106.30 (1), 118.15 (3) (a), 118.25 (1) (a), 118.29 (1)
12(e), 118.2925 (3), 118.2925 (4) (c), 118.2925 (5), 146.343 (1) (c), 146.82 (3) (a),
13146.89 (1) (r) 1., 146.89 (1) (r) 8., 146.89 (6), 154.01 (1g), 252.07 (8) (a) 2., 252.07
14(9) (c), 252.10 (7), 252.11 (2), (4), (5), (7) and (10), 252.15 (3m) (d) 11. b. and 13.,

1(5g) (c), (5m) (d) 2. and (e) 2. and 3. and (7m) (intro.) and (b), 252.16 (3) (c)
2(intro.), 252.17 (3) (c) (intro.), 253.07 (4) (d), 253.115 (4), 253.115 (7) (a) (intro.),
3253.15 (2), 255.06 (2) (d), 255.07 (1) (d), 257.01 (5) (a) and (b), 341.14 (1a), (1e)
4(a), (1m) and (1q), 343.16 (5) (a), 343.51 (1), 343.62 (4) (a) 4., 440.094 (1) (c) 1.,
5440.094 (2) (a) (intro.), 440.981 (1), 440.982 (1), 440.987 (2), 441.01 (3), 441.01
6(4), 441.01 (7) (a) (intro.), 441.01 (7) (b), 441.06 (3), 441.06 (4), 441.07 (1g)
7(intro.), (a), (c) and (e), 441.10 (7), 441.18 (2) (a) (intro.), 441.18 (2) (b), 441.18
8(3), subchapter II (title) of chapter 441 [precedes 441.51], 441.51 (title), 448.03
9(2) (a), 448.035 (2), (3) and (4), 448.56 (1) and (1m) (b), 448.62 (2m), 448.67 (2),
10448.956 (1m), 450.01 (16) (h) 2., 450.01 (16) (hr) 2., 450.03 (1) (e), 450.11 (1g) (b),
11450.11 (1i) (a) 1., 450.11 (1i) (b) 2. b., 450.11 (7) (b), 450.11 (8) (e), 450.13 (5) (b),
12450.135 (7) (b), 462.04, 655.001 (7t), 655.001 (9), 655.005 (2) (a), 961.01 (19) (a)
13and 961.395; to repeal and recreate 46.03 (44), 50.08 (2), 70.47 (8) (intro.),
14146.82 (3) (a), 146.89 (1) (r) 1., 155.01 (1g) (b), 255.07 (1) (d), 343.16 (5) (a),
15441.06 (title), 448.03 (2) (a), 448.035 (2), (3) and (4), 448.956 (1m), 450.11 (1g)
16(b), 450.11 (1i) (a) 1., 462.04 and 961.01 (19) (a); and to create 253.115 (1) (f),
17253.13 (1) (a), 253.15 (1) (em), 255.06 (1) (f) 2., 440.03 (13) (b) 39m., 440.08 (2)
18(a) 47., 441.001 (1c), 441.001 (1m), 441.001 (3c), 441.001 (3g), 441.001 (3n),
19441.001 (3r), 441.001 (3w), 441.001 (5), 441.01 (7) (c), 441.09 and 441.092 of the
20statutes; relating to: advanced practice registered nurses, extending the time

1limit for emergency rule procedures, providing an exemption from emergency
2rule procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Nursing practice and licensure
This bill makes various changes to practice, licensure, and certification
requirements for nurses, which are administered by the Board of Nursing.
Licensure of advanced practice registered nurses
Under current law, a person who wishes to practice professional nursing must
be licensed by the Board of Nursing as a registered nurse (RN). This bill creates an
additional system of licensure for advanced practice registered nurses (APRNs), to
be administered by the board. Under the bill, in order to apply for an APRN license,
a person must 1) hold, or concurrently apply for, an RN license; 2) have completed
an accredited graduate-level or postgraduate-level education program preparing
the person to practice as an APRN in one of four recognized roles and hold a current
national certification approved by the board; 3) possess malpractice liability
insurance in an amount determined as provided in the bill; 4) pay a fee determined
by the Department of Safety and Professional Services; and 5) satisfy certain other
criteria specified in the bill. The bill also allows a person who has not completed an
accredited education program described above to receive an APRN license if the
person 1) on January 1, 2019, was both licensed as an RN in Wisconsin and practicing
in one of the four recognized roles; and 2) satisfies additional practice or education
criteria established by the board. The bill also, however, automatically grants
licenses to certain RNs, as further described below. The four recognized roles, as
defined in the bill, are 1) certified nurse-midwife; 2) certified registered nurse
anesthetist; 3) clinical nurse specialist; and 4) nurse practitioner. The bill requires
the board, upon granting a person an APRN license, to also grant the person one or
more specialty designations corresponding to the recognized role or roles for which
the person qualifies.
The holder of an APRN license may append the title “A.P.R.N." to his or her
name, as well as a title corresponding to whichever specialty designations that the
person possesses. The bill prohibits any person from using the title “A.P.R.N.," and
from otherwise indicating that he or she is an APRN, unless the person is licensed
by the board as an APRN. The bill also prohibits the use of titles and abbreviations
corresponding to a recognized role unless the person has a specialty designation for
that role. However, the bill allows an APRN to delegate a task or order to another
clinically trained health care worker if the task or order is within the scope of the
APRN's practice, the APRN is competent to perform the task or issue the order, and
the APRN has reasonable evidence that the health care worker is minimally
competent to perform the task or issue the order under the circumstances. The bill
requires an APRN to adhere to professional standards when managing situations
that are beyond the APRN's expertise.

Under the bill, when an APRN renews his or her APRN license, the board must
grant the person the renewal of both the person's RN license and the person's APRN
license. The bill requires all APRNs to complete continuing education requirements
each biennium in clinical pharmacology or therapeutics relevant to the APRN's area
of practice and to satisfy certain other requirements when renewing a license.
Practice of nurse-midwifery
This bill repeals licensure and practice requirements specific to
nurse-midwives and the practice of nurse-midwifery, including specific
requirements to practice with an obstetrician. Under the bill, “certified
nurse-midwife" is one of the four recognized roles for APRNs, and a person who is
licensed as a nurse-midwife under current law is automatically granted an APRN
license with a certified nurse-midwife specialty designation. The bill otherwise
allows nurse-midwives to be licensed as APRNs if they satisfy the licensure
requirements, except that the bill also requires that a person applying for a certified
nurse-midwife specialty designation be certified by the American Midwifery
Certification Board. The bill also requires APRNs with a specialty designation as a
certified nurse-midwife to file and keep current with DSPS a plan for involving a
hospital or physician in treating certain patients if the APRN practices outside of a
hospital.
Prescribing authority
Under current law, a person licensed as an RN may apply to the board for a
certificate to issue prescription orders if the person meets certain requirements
established by the board. An RN holding a certificate is subject to various practice
requirements and limitations established by the board and must possess malpractice
liability insurance in an amount determined by the board.
The bill eliminates certificates to issue prescription orders and generally
authorizes APRNs to issue prescription orders. A person who is certified to issue
prescription orders under current law is automatically granted an APRN license
with his or her appropriate specialty designation. RNs who were practicing in a
recognized role on January 1, 2019, but who did not hold a certificate to issue
prescription orders on that date and who are granted an APRN license under the bill
may not issue prescription orders. As under current law, an APRN issuing
prescription orders is subject to various practice requirements and limitations
established by the board.
The bill repeals a provision concerning the ability of advanced practice nurses
who are certified to issue prescription orders and who are required to work in
collaboration with or under the supervision of a physician to obtain and practice
under a federal waiver to dispense narcotic drugs to individuals for addiction
treatment.
Other changes
The bill makes numerous other changes throughout the statutes relating to
APRNs, including various terminology changes and technical changes relating to the
Nurse Licensure Compact.

For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB396,1 1Section 1 . 14.87 (title) of the statutes is amended to read:
AB396,5,2 214.87 (title) Enhanced nurse Nurse licensure compact.
AB396,2 3Section 2 . 29.193 (1m) (a) 2. (intro.) of the statutes is amended to read:
AB396,5,84 29.193 (1m) (a) 2. (intro.) Has a permanent substantial loss of function in one
5or both arms or one or both hands and fails to meet the minimum standards of any
6one of the following standard tests, administered under the direction of a licensed
7physician, a licensed physician assistant, a licensed chiropractor, or a certified
8licensed advanced practice registered nurse prescriber:
AB396,3 9Section 3 . 29.193 (2) (b) 2. of the statutes is amended to read:
AB396,5,1510 29.193 (2) (b) 2. An applicant shall submit an application on a form prepared
11and furnished by the department, which shall include a written statement or report
12prepared and signed by a licensed physician, a licensed physician assistant, a
13licensed chiropractor, a licensed podiatrist, or a certified licensed advanced practice
14registered nurse prescriber prepared no more than 6 months preceding the
15application and verifying that the applicant is physically disabled.
AB396,4 16Section 4 . 29.193 (2) (c) 3. of the statutes is amended to read:
AB396,6,717 29.193 (2) (c) 3. The department may issue a Class B permit to an applicant
18who is ineligible for a permit under subd. 1., 2. or 2m. or who is denied a permit under
19subd. 1., 2. or 2m. if, upon review and after considering the physical condition of the
20applicant and the recommendation of a licensed physician, a licensed physician
21assistant, a licensed chiropractor, a licensed podiatrist, or a certified licensed

1advanced practice registered nurse prescriber selected by the applicant from a list
2of licensed physicians, licensed physician assistants, licensed chiropractors, licensed
3podiatrists, and certified licensed advanced practice nurse prescribers registered
4nurses
compiled by the department, the department finds that issuance of a permit
5complies with the intent of this subsection. The use of this review procedure is
6discretionary with the department and all costs of the review procedure shall be paid
7by the applicant.
AB396,5 8Section 5 . 29.193 (2) (cd) 2. b. of the statutes is amended to read:
AB396,6,149 29.193 (2) (cd) 2. b. The person has a permanent substantial loss of function
10in one or both arms and fails to meet the minimum standards of the standard upper
11extremity pinch test, the standard grip test, or the standard nine-hole peg test,
12administered under the direction of a licensed physician, a licensed physician
13assistant, a licensed chiropractor, or a certified licensed advanced practice registered
14nurse prescriber.
AB396,6 15Section 6 . 29.193 (2) (cd) 2. c. of the statutes is amended to read:
AB396,6,2016 29.193 (2) (cd) 2. c. The person has a permanent substantial loss of function in
17one or both shoulders and fails to meet the minimum standards of the standard
18shoulder strength test, administered under the direction of a licensed physician, a
19licensed physician assistant, a licensed chiropractor, or a certified licensed advanced
20practice registered nurse prescriber.
AB396,7 21Section 7 . 29.193 (2) (e) of the statutes is amended to read:
AB396,7,622 29.193 (2) (e) Review of decisions. An applicant denied a permit under this
23subsection, except a permit under par. (c) 3., may obtain a review of that decision by
24a licensed physician, a licensed physician assistant, a licensed chiropractor, a
25licensed podiatrist, or a certified licensed advanced practice registered nurse

1prescriber designated by the department and with an office located in the
2department district in which the applicant resides. The department shall pay for the
3cost of a review under this paragraph unless the denied application on its face fails
4to meet the standards set forth in par. (c) 1. or 2. A review under this paragraph is
5the only method of review of a decision to deny a permit under this subsection and
6is not subject to further review under ch. 227.
AB396,8 7Section 8 . 29.193 (3) (a) of the statutes is amended to read:
AB396,7,118 29.193 (3) (a) Produces a certificate from a licensed physician, a licensed
9physician assistant, a licensed optometrist, or a certified licensed advanced practice
10registered nurse prescriber stating that his or her sight is impaired to the degree that
11he or she cannot read ordinary newspaper print with or without corrective glasses.
AB396,9 12Section 9 . 45.40 (1g) (a) of the statutes is amended to read:
AB396,7,1713 45.40 (1g) (a) “Health care provider" means an advanced practice registered
14nurse prescriber certified who may issue prescription orders under s. 441.16 441.09
15(2), an audiologist licensed under ch. 459, a dentist licensed under ch. 447, an
16optometrist licensed under ch. 449, a physician licensed under s. 448.02, or a
17podiatrist licensed under s. 448.63.
AB396,10 18Section 10 . 46.03 (44) of the statutes is amended to read:
AB396,8,219 46.03 (44) Sexually transmitted disease treatment information. Prepare and
20keep current an information sheet to be distributed to a patient by a physician, a
21physician assistant, or certified an advanced practice registered nurse prescriber
22who may issue prescription orders under s. 441.09 (2) providing expedited partner
23therapy to that patient under s. 441.092 or 448.035. The information sheet shall
24include information about sexually transmitted diseases and their treatment and
25about the risk of drug allergies. The information sheet shall also include a statement

1advising a person with questions about the information to contact his or her
2physician, pharmacist, or local health department, as defined in s. 250.01 (4).
AB396,11 3Section 11 . 46.03 (44) of the statutes, as affected by 2021 Wisconsin Acts 23
4and .... (this act), is repealed and recreated to read:
AB396,8,135 46.03 (44) Sexually transmitted disease treatment information. Prepare and
6keep current an information sheet to be distributed to a patient by a physician,
7physician assistant, or an advanced practice registered nurse who may issue
8prescription orders under s. 441.09 (2) providing expedited partner therapy to that
9patient under s. 441.092, 448.035, or 448.9725. The information sheet shall include
10information about sexually transmitted diseases and their treatment and about the
11risk of drug allergies. The information sheet shall also include a statement advising
12a person with questions about the information to contact his or her physician,
13pharmacist, or local health department, as defined in s. 250.01 (4).
AB396,12 14Section 12. 50.01 (1b) of the statutes is repealed.
AB396,13 15Section 13 . 50.08 (2) of the statutes is amended to read:
AB396,8,2016 50.08 (2) A physician, an advanced practice registered nurse prescriber
17certified who may issue prescription orders under s. 441.16 441.09 (2), or a physician
18assistant licensed under ch. 448, who prescribes a psychotropic medication to a
19nursing home resident who has degenerative brain disorder shall notify the nursing
20home if the prescribed medication has a boxed warning under 21 CFR 201.57.
AB396,14 21Section 14 . 50.08 (2) of the statutes, as affected by 2021 Wisconsin Acts 23 and
22.... (this act), is repealed and recreated to read:
AB396,9,223 50.08 (2) A physician, an advanced practice registered nurse who may issue
24prescription orders under s. 441.09 (2), or a physician assistant, who prescribes a
25psychotropic medication to a nursing home resident who has degenerative brain

1disorder shall notify the nursing home if the prescribed medication has a boxed
2warning under 21 CFR 201.57.
AB396,15 3Section 15 . 50.09 (1) (a) (intro.) of the statutes is amended to read:
AB396,9,114 50.09 (1) (a) (intro.) Private and unrestricted communications with the
5resident's family, physician, physician assistant, advanced practice registered nurse
6prescriber, attorney, and any other person, unless medically contraindicated as
7documented by the resident's physician, physician assistant, or advanced practice
8registered nurse prescriber in the resident's medical record, except that
9communications with public officials or with the resident's attorney shall not be
10restricted in any event. The right to private and unrestricted communications shall
11include, but is not limited to, the right to:
AB396,16 12Section 16 . 50.09 (1) (f) 1. of the statutes is amended to read:
AB396,9,1713 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses
14or both domestic partners under ch. 770 are residents of the same facility, the spouses
15or domestic partners shall be permitted to share a room unless medically
16contraindicated as documented by the resident's physician, physician assistant, or
17advanced practice registered nurse prescriber in the resident's medical record.
AB396,17 18Section 17 . 50.09 (1) (h) of the statutes is amended to read:
AB396,9,2219 50.09 (1) (h) Meet with, and participate in activities of social, religious, and
20community groups at the resident's discretion, unless medically contraindicated as
21documented by the resident's physician, physician assistant, or advanced practice
22registered nurse prescriber in the resident's medical record.
AB396,18 23Section 18 . 50.09 (1) (k) of the statutes is amended to read:
AB396,9,2524 50.09 (1) (k) Be free from mental and physical abuse, and be free from chemical
25and physical restraints except as authorized in writing by a physician, physician

1assistant, or advanced practice registered nurse prescriber for a specified and
2limited period of time and documented in the resident's medical record. Physical
3restraints may be used in an emergency when necessary to protect the resident from
4injury to himself or herself or others or to property. However, authorization for
5continuing use of the physical restraints shall be secured from a physician, physician
6assistant, or advanced practice registered nurse prescriber within 12 hours. Any use
7of physical restraints shall be noted in the resident's medical records. “ Physical
8restraints" includes, but is not limited to, any article, device, or garment that
9interferes with the free movement of the resident and that the resident is unable to
10remove easily, and confinement in a locked room.
AB396,19 11Section 19 . 50.49 (1) (b) (intro.) of the statutes is amended to read:
AB396,10,2012 50.49 (1) (b) (intro.) “Home health services" means the following items and
13services that are furnished to an individual, who is under the care of a physician,
14physician assistant, or advanced practice registered nurse prescriber, by a home
15health agency, or by others under arrangements made by the home health agency,
16that are under a plan for furnishing those items and services to the individual that
17is established and periodically reviewed by a physician, physician assistant, or
18advanced practice registered nurse prescriber and that are, except as provided in
19subd. 6., provided on a visiting basis in a place of residence used as the individual's
20home:
AB396,20 21Section 20 . 51.41 (1d) (b) 4. of the statutes is amended to read:
AB396,11,622 51.41 (1d) (b) 4. A psychiatric mental health advanced practice registered
23nurse who is suggested by the Milwaukee County board of supervisors. The
24Milwaukee County board of supervisors shall solicit suggestions from organizations
25including the Wisconsin Nurses Association for individuals who specialize in a full

1continuum of behavioral health and medical services including emergency
2detention, inpatient, residential, transitional, partial hospitalization, intensive
3outpatient, and wraparound community-based services. The Milwaukee County
4board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric
5mental health advanced practice registered nurses for this board membership
6position.
AB396,21 7Section 21 . 70.47 (8) (intro.) of the statutes is amended to read:
AB396,11,208 70.47 (8) Hearing. (intro.) The board shall hear upon oath all persons who
9appear before it in relation to the assessment. Instead of appearing in person at the
10hearing, the board may allow the property owner, or the property owner's
11representative, at the request of either person, to appear before the board, under
12oath, by telephone or to submit written statements, under oath, to the board. The
13board shall hear upon oath, by telephone, all ill or disabled persons who present to
14the board a letter from a physician, osteopath, physician assistant, as defined in s.
15448.01 (6), or advanced practice registered nurse prescriber certified under s. 441.16
16(2)
licensed under ch. 441 that confirms their illness or disability. At the request of
17the property owner or the property owner's representative, the board may postpone
18and reschedule a hearing under this subsection, but may not postpone and
19reschedule a hearing more than once during the same session for the same property.
20The board at such hearing shall proceed as follows:
AB396,22 21Section 22 . 70.47 (8) (intro.) of the statutes, as affected by 2021 Wisconsin Acts
2223
and .... (this act), is repealed and recreated to read:
AB396,12,923 70.47 (8) Hearing. (intro.) The board shall hear upon oath all persons who
24appear before it in relation to the assessment. Instead of appearing in person at the
25hearing, the board may allow the property owner, or the property owner's

1representative, at the request of either person, to appear before the board, under
2oath, by telephone or to submit written statements, under oath, to the board. The
3board shall hear upon oath, by telephone, all ill or disabled persons who present to
4the board a letter from a physician, physician assistant, or advanced practice
5registered nurse licensed under ch. 441 that confirms their illness or disability. At
6the request of the property owner or the property owner's representative, the board
7may postpone and reschedule a hearing under this subsection, but may not postpone
8and reschedule a hearing more than once during the same session for the same
9property. The board at such hearing shall proceed as follows:
AB396,23 10Section 23 . 77.54 (14) (f) 3. of the statutes is repealed.
AB396,24 11Section 24 . 77.54 (14) (f) 4. of the statutes is amended to read:
AB396,12,1312 77.54 (14) (f) 4. An advanced practice registered nurse who may issue
13prescription orders under s. 441.09 (2)
.
AB396,25 14Section 25 . 97.59 of the statutes is amended to read:
AB396,13,2 1597.59 Handling foods. No person in charge of any public eating place or other
16establishment where food products to be consumed by others are handled may
17knowingly employ any person handling food products who has a disease in a form
18that is communicable by food handling. If required by the local health officer or any
19officer of the department for the purposes of an investigation, any person who is
20employed in the handling of foods or is suspected of having a disease in a form that
21is communicable by food handling shall submit to an examination by the officer or
22by a physician, physician assistant, or advanced practice registered nurse prescriber
23designated by the officer. The expense of the examination, if any, shall be paid by the
24person examined. Any person knowingly infected with a disease in a form that is
25communicable by food handling who handles food products to be consumed by others

1and any persons knowingly employing or permitting such a person to handle food
2products to be consumed by others shall be punished as provided by s. 97.72.
AB396,26 3Section 26 . 102.13 (1) (a) of the statutes is amended to read:
AB396,13,154 102.13 (1) (a) Except as provided in sub. (4), whenever compensation is claimed
5by an employee, the employee shall, upon the written request of the employee's
6employer or worker's compensation insurer, submit to reasonable examinations by
7physicians, chiropractors, psychologists, dentists, physician assistants, advanced
8practice nurse prescribers registered nurses, or podiatrists provided and paid for by
9the employer or insurer. No employee who submits to an examination under this
10paragraph is a patient of the examining physician, chiropractor, psychologist,
11dentist, physician assistant, advanced practice registered nurse prescriber, or
12podiatrist for any purpose other than for the purpose of bringing an action under ch.
13655, unless the employee specifically requests treatment from that physician,
14chiropractor, psychologist, dentist, physician assistant, advanced practice registered
15nurse prescriber, or podiatrist.
AB396,27 16Section 27 . 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
17read:
AB396,14,618 102.13 (1) (b) (intro.) An employer or insurer who requests that an employee
19submit to reasonable examination under par. (a) or (am) shall tender to the employee,
20before the examination, all necessary expenses including transportation expenses.
21The employee is entitled to have a physician, chiropractor, psychologist, dentist,
22physician assistant, advanced practice registered nurse prescriber, or podiatrist
23provided by himself or herself present at the examination and to receive a copy of all
24reports of the examination that are prepared by the examining physician,
25chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced

1practice registered nurse prescriber, or vocational expert immediately upon receipt
2of those reports by the employer or worker's compensation insurer. The employee is
3also entitled to have a translator provided by himself or herself present at the
4examination if the employee has difficulty speaking or understanding the English
5language. The employer's or insurer's written request for examination shall notify
6the employee of all of the following:
AB396,14,107 1. The proposed date, time, and place of the examination and the identity and
8area of specialization of the examining physician, chiropractor, psychologist, dentist,
9podiatrist, physician assistant, advanced practice registered nurse prescriber, or
10vocational expert.
AB396,14,1311 3. The employee's right to have his or her physician, chiropractor, psychologist,
12dentist, physician assistant, advanced practice registered nurse prescriber, or
13podiatrist present at the examination.
AB396,14,1814 4. The employee's right to receive a copy of all reports of the examination that
15are prepared by the examining physician, chiropractor, psychologist, dentist,
16podiatrist, physician assistant, advanced practice registered nurse prescriber, or
17vocational expert immediately upon receipt of these reports by the employer or
18worker's compensation insurer.
AB396,28 19Section 28 . 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
AB396,14,2320 102.13 (1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
21physician assistant, advanced practice registered nurse prescriber, or vocational
22expert who is present at any examination under par. (a) or (am) may be required to
23testify as to the results of the examination.
AB396,15,324 2. Any physician, chiropractor, psychologist, dentist, physician assistant,
25advanced practice registered nurse prescriber, or podiatrist who attended a worker's

1compensation claimant for any condition or complaint reasonably related to the
2condition for which the claimant claims compensation may be required to testify
3before the division when the division so directs.
AB396,15,104 3. Notwithstanding any statutory provisions except par. (e), any physician,
5chiropractor, psychologist, dentist, physician assistant, advanced practice registered
6nurse prescriber, or podiatrist attending a worker's compensation claimant for any
7condition or complaint reasonably related to the condition for which the claimant
8claims compensation may furnish to the employee, employer, worker's compensation
9insurer, department, or division information and reports relative to a compensation
10claim.
AB396,15,1511 4. The testimony of any physician, chiropractor, psychologist, dentist,
12physician assistant, advanced practice registered nurse prescriber, or podiatrist who
13is licensed to practice where he or she resides or practices in any state and the
14testimony of any vocational expert may be received in evidence in compensation
15proceedings.
AB396,29 16Section 29. 102.13 (2) (a) of the statutes, as affected by 2021 Wisconsin Act 29,
17is amended to read:
AB396,16,918 102.13 (2) (a) An employee who reports an injury alleged to be work-related
19or files an application for hearing waives any physician-patient,
20psychologist-patient, or chiropractor-patient privilege with respect to any condition
21or complaint reasonably related to the condition for which the employee claims
22compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
23physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
24advanced practice registered nurse prescriber, hospital, or health care provider
25shall, within a reasonable time after written request by the employee, employer,

1worker's compensation insurer, department, or division, or its representative,
2provide that person with any information or written material reasonably related to
3any injury for which the employee claims compensation. If the request is by a
4representative of a worker's compensation insurer for a billing statement, the
5physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
6advanced practice registered nurse prescriber, hospital, or health care provider
7shall, within 30 days after receiving the request, provide that person with a complete
8copy of an itemized billing statement or a billing statement in a standard billing
9format recognized by the federal government.
AB396,30 10Section 30 . 102.13 (2) (b) of the statutes is amended to read:
AB396,16,2111 102.13 (2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
12physician assistant, advanced practice registered nurse prescriber, hospital, or
13health service provider shall furnish a legible, certified duplicate of the written
14material requested under par. (a) in paper format upon payment of the actual costs
15of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
16$7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
17duplicate of that material in electronic format upon payment of $26 per request. Any
18person who refuses to provide certified duplicates of written material in the person's
19custody that is requested under par. (a) shall be liable for reasonable and necessary
20costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
21enforcing the requester's right to the duplicates under par. (a).
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