This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB184,31,1110 (d) Engages in unprofessional conduct. In this paragraph, “unprofessional
11conduct" does not include any of the following:
SB184,31,1212 1. Providing expedited partner therapy as described in s. 448.9725.
SB184,31,1413 2. Prescribing or delivering an opioid antagonist in accordance with s. 448.9727
14(2).
SB184,31,1615 (e) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of
16a felony.
SB184,31,1817 (f) Subject to ss. 111.321, 111.322, and 111.34, practices as a physician assistant
18while his or her ability is impaired by alcohol or other drugs.
SB184,31,1919 (g) Engages in fraud or deceit in obtaining or using his or her license.
SB184,31,2020 (h) Is adjudicated mentally incompetent by a court.
SB184,31,2121 (i) Demonstrates gross negligence, incompetence, or misconduct in practice.
SB184,31,2422 (j) Knowingly, recklessly, or negligently divulges a privileged communication
23or other confidential patient health care information except as required or permitted
24by state or federal law.
SB184,32,2
1(k) Fails to cooperate with the board, or fails to timely respond to a request for
2information by the board, in connection with an investigation under this section.
SB184,32,43 (L) Prescribes, sells, administers, distributes, orders, or provides a controlled
4substance for a purpose other than a medical purpose.
SB184,32,65 (m) Demonstrates a lack of physical or mental ability to safely practice as a
6physician assistant.
SB184,32,87 (n) Engages in any practice that is outside the scope of his or her experience,
8education, or training.
SB184,32,109 (o) Is disciplined or has been disciplined by another state or jurisdiction based
10upon acts or conduct similar to acts or conduct prohibited under pars. (a) to (n).
SB184,32,19 11448.9785 Informed consent. Any physician assistant who treats a patient
12shall inform the patient about the availability of reasonable alternate medical modes
13of treatment and about the benefits and risks of these treatments. The reasonable
14physician assistant standard is the standard for informing a patient under this
15section. The reasonable physician assistant standard requires disclosure only of
16information that a reasonable physician assistant in the same or a similar medical
17specialty would know and disclose under the circumstances. The physician
18assistant's duty to inform the patient under this section does not require disclosure
19of any of the following:
SB184,32,21 20(1) Detailed technical information that in all probability a patient would not
21understand.
SB184,32,22 22(2) Risks apparent or known to the patient.
SB184,32,24 23(3) Extremely remote possibilities that might falsely or detrimentally alarm
24the patient.
SB184,33,2
1(4) Information in emergencies where failure to provide treatment would be
2more harmful to the patient than treatment.
SB184,33,3 3(5) Information in cases where the patient is incapable of consenting.
SB184,33,6 4(6) Information about alternate medical modes of treatment for any condition
5the physician assistant has not included in his or her diagnosis at the time the
6physician informs the patient.
SB184,33,8 7448.979 Penalties. Any person who violates this subchapter is subject to a
8fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
SB184,33,14 9448.9793 Injunction. If it appears upon complaint to the board by any person
10or if it is known to the board that any person is violating this subchapter, or rules
11adopted by the board under this subchapter, the board or the attorney general may
12investigate and may, in addition to any other remedies, bring action in the name and
13on behalf of the state against any such person to enjoin such person from such
14violation. The attorney general shall represent the board in all proceedings.
SB184,33,18 15448.9795 Duty to report. (1)  A physician assistant who has reason to believe
16any of the following about another physician assistant shall promptly submit a
17written report to the board that includes facts relating to the conduct of the other
18physician assistant:
SB184,33,2019 (a) The other physician assistant is engaging or has engaged in acts that
20constitute a pattern of unprofessional conduct.
SB184,33,2221 (b) The other physician assistant is engaging or has engaged in an act that
22creates an immediate or continuing danger to one or more patients or to the public.
SB184,33,2323 (c) The other physician assistant is or may be medically incompetent.
SB184,33,2524 (d) The other physician assistant is or may be mentally or physically unable
25safely to engage in the practice of a physician assistant.
SB184,34,3
1(2) No physician assistant who reports to the board under sub. (1) may be held
2civilly or criminally liable or be found guilty of unprofessional conduct for reporting
3in good faith.
SB184,53 4Section 53 . Subchapter VIII of chapter 448 [precedes 448.980] of the statutes
5is renumbered subchapter IX of chapter 448 [precedes 448.980].
SB184,54 6Section 54 . Subchapter IX of chapter 448 [precedes 448.985] of the statutes
7is renumbered subchapter X of chapter 448 [precedes 448.985].
SB184,55 8Section 55 . 450.01 (15r) of the statutes is repealed.
SB184,56 9Section 56 . 450.01 (16) (hm) 3. of the statutes is amended to read:
SB184,34,1110 450.01 (16) (hm) 3. The patient's physician assistant , if the physician assistant
11is under the supervision of the patient's personal attending physician
.
SB184,57 12Section 57 . 450.11 (1) of the statutes is amended to read:
SB184,35,313 450.11 (1) Dispensing. Except as provided in sub. (1i) (b) 2., no person may
14dispense any prescribed drug or device except upon the prescription order of a
15practitioner. All prescription orders shall, except as provided in sub. (1a), specify the
16date of issue, the name and address of the practitioner, the name and quantity of the
17drug product or device prescribed, directions for the use of the drug product or device,
18the symptom or purpose for which the drug is being prescribed if required under sub.
19(4) (a) 8., and, if the order is written by the practitioner, the signature of the
20practitioner. Except as provided in ss. 118.2925 (3), 255.07 (2), 441.18 (2) (a) 1.,
21448.035 (2), and 448.037 (2) (a) 1., 448.9725 (2), and 448.9727 (2) (a) 1. and except
22for standing orders issued under s. 441.18 (2) (a) 2. or , 448.037 (2) (a) 2., or 448.9727
23(2) (a) 2.
, all prescription orders shall also specify the name and address of the
24patient. A prescription order issued under s. 118.2925 (3) shall specify the name and
25address of the school. A prescription order issued under s. 255.07 (2) shall specify

1the name and address of the authorized entity or authorized individual. Any oral
2prescription order shall be immediately reduced to writing by the pharmacist and
3filed according to sub. (2).
SB184,58 4Section 58 . 450.11 (1g) (b) of the statutes is amended to read:
SB184,35,185 450.11 (1g) (b) A pharmacist may, upon the prescription order of a practitioner
6providing expedited partner therapy, as specified in s. 448.035 or 448.9725, that
7complies with the requirements of sub. (1), dispense an antimicrobial drug as a
8course of therapy for treatment of chlamydial infections, gonorrhea, or
9trichomoniasis to the practitioner's patient or a person with whom the patient has
10had sexual contact for use by the person with whom the patient has had sexual
11contact. The pharmacist shall provide a consultation in accordance with rules
12promulgated by the board for the dispensing of a prescription to the person to whom
13the antimicrobial drug is dispensed. A pharmacist providing a consultation under
14this paragraph shall ask whether the person for whom the antimicrobial drug has
15been prescribed is allergic to the antimicrobial drug and advise that the person for
16whom the antimicrobial drug has been prescribed must discontinue use of the
17antimicrobial drug if the person is allergic to or develops signs of an allergic reaction
18to the antimicrobial drug.
SB184,59 19Section 59 . 450.11 (1i) (a) 1. of the statutes is amended to read:
SB184,36,620 450.11 (1i) (a) 1. A pharmacist may, upon and in accordance with the
21prescription order of an advanced practice nurse prescriber under s. 441.18 (2) (a) 1.,
22or of a physician or physician assistant under s. 448.037 (2) (a) 1., or of a physician
23assistant under s. 448.9727 (2) (a) 1.
that complies with the requirements of sub. (1),
24deliver an opioid antagonist to a person specified in the prescription order and may,
25upon and in accordance with the standing order of an advanced practice nurse

1prescriber under s. 441.18 (2) (a) 2., or of a physician or physician assistant under
2s. 448.037 (2) (a) 2., or of a physician assistant under s. 448.9727 (2) (a) 2. that
3complies with the requirements of sub. (1), deliver an opioid antagonist to an
4individual in accordance with the order. The pharmacist shall provide a consultation
5in accordance with rules promulgated by the board for the delivery of a prescription
6to the person to whom the opioid antagonist is delivered.
SB184,60 7Section 60 . 450.11 (1i) (b) 2. c. of the statutes is amended to read:
SB184,36,108 450.11 (1i) (b) 2. c. A physician or physician assistant may only deliver or
9dispense an opioid antagonist in accordance with s. 448.037 (2) or in accordance with
10his or her other legal authority to dispense prescription drugs.
SB184,61 11Section 61 . 450.11 (1i) (b) 2. cm. of the statutes is created to read:
SB184,36,1412 450.11 (1i) (b) 2. cm. A physician assistant may only deliver or dispense an
13opioid antagonist in accordance with s. 448.9727 (2) or in accordance with his or her
14other legal authority to dispense prescription drugs.
SB184,62 15Section 62 . 450.11 (1i) (c) 2. of the statutes is amended to read:
SB184,36,1916 450.11 (1i) (c) 2. Subject to par. (a) 2. and ss. 441.18 (3) and, 448.037 (3), and
17448.9727 (3),
any person who, acting in good faith, delivers or dispenses an opioid
18antagonist to another person shall be immune from civil or criminal liability for any
19outcomes resulting from delivering or dispensing the opioid antagonist.
SB184,63 20Section 63 . 450.11 (8) (b) of the statutes is amended to read:
SB184,36,2221 450.11 (8) (b) The medical examining board, insofar as this section applies to
22physicians and physician assistants.
SB184,64 23Section 64 . 450.11 (8) (f) of the statutes is created to read:
SB184,36,2524 450.11 (8) (f) The physician assistant affiliated credentialing board, insofar as
25this section applies to physician assistants.
SB184,65
1Section 65. 462.02 (2) (e) of the statutes is amended to read:
SB184,37,22 462.02 (2) (e) A physician assistant licensed under s. 448.04 (1) (f) 448.974.
SB184,66 3Section 66 . 462.04 of the statutes is amended to read:
SB184,37,12 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) 448.974, or, subject to s. 448.56 (7) (a), a
11physical therapist who is licensed under s. 448.53 or who holds a compact privilege
12under subch. IX X of ch. 448.
SB184,67 13Section 67 . 961.01 (19) (a) of the statutes is amended to read:
SB184,37,1914 961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian,
15podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3) 448.975 (1)
16(b)
, a physician assistant, or other person licensed, registered, certified or otherwise
17permitted to distribute, dispense, conduct research with respect to, administer or use
18in teaching or chemical analysis a controlled substance in the course of professional
19practice or research in this state.
SB184,68 20Section 68 . 971.14 (4) (a) of the statutes is amended to read:
SB184,38,721 971.14 (4) (a) The court shall cause copies of the report to be delivered forthwith
22to the district attorney and the defense counsel, or the defendant personally if not
23represented by counsel. Upon the request of the sheriff or jailer charged with care
24and control of the jail in which the defendant is being held pending or during a trial
25or sentencing proceeding, the court shall cause a copy of the report to be delivered

1to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the
2person who is responsible for maintaining medical records for inmates of the jail, or
3to a nurse licensed under ch. 441, or to a physician or physician assistant licensed
4under subch. II of ch. 448, or to a physician assistant licensed under subch. VIII of
5ch. 448
who is a health care provider for the defendant or who is responsible for
6providing health care services to inmates of the jail. The report shall not be otherwise
7disclosed prior to the hearing under this subsection.
SB184,69 8Section 69 . 990.01 (27s) of the statutes is created to read:
SB184,38,109 990.01 (27s) Physician assistant. “ Physician assistant” means a person
10licensed as a physician assistant under subch. VIII of ch. 448.
SB184,70 11Section 70 . Chapter Med 8 of the administrative code is repealed.
SB184,71 12Section 71 . Cross-reference changes. In ss. 49.45 (9r) (a) 7. b., 146.81 (1)
13(dg), 146.997 (1) (d) 4., 155.01 (7), 252.14 (1) (ar) 4e., 446.01 (1v) (d), 448.956 (1m) and
14(4), 450.10 (3) (a) 5., and 451.02 (1), the cross-references to “subch. IX of ch. 448” are
15changed to “subch. X of ch. 448.”
SB184,72 16Section 72 . Nonstatutory provisions.
SB184,38,1717 (1) Board; appointments.
SB184,38,2318 (a) Notwithstanding the length of terms specified for the members of the
19physician assistant affiliated credentialing board under s. 15.406 (7), 4 of the initial
20members under s. 15.406 (7) (a) shall be appointed for terms expiring on July 1, 2023;
213 of the initial members under s. 15.406 (7) (a) and the initial member under s. 15.406
22(7) (b) shall be appointed for terms expiring on July 1, 2024; and the remaining initial
23member under s. 15.406 (7) (a) shall be appointed for a term expiring on July 1, 2025.
SB184,39,624 (b) Notwithstanding s. 15.08 (1), the governor may provisionally appoint initial
25members of the physician assistant affiliated credentialing board under s. 15.406 (7).

1Those provisional appointments remain in force until withdrawn by the governor or
2acted upon by the senate and if confirmed by the senate, shall continue for the
3remainder of the unexpired term, if any, of the member and until a successor is
4chosen and qualifies. A provisional appointee may exercise all the powers and duties
5of board membership to which the person is appointed during the time in which the
6appointee qualifies.
SB184,39,117 (c) Notwithstanding s. 15.406 (7) (a), for purposes of an initial appointment to
8the physician assistant affiliated credentialing board made before the date specified
9in Section 73 (intro.) of this act, including any provisional appointment made under
10par. (b), the governor may appoint physician assistants licensed under subch. II of
11ch. 448 to the positions on the board specified under s. 15.406 (7) (a).
SB184,39,1212 (2) Emergency rules.
SB184,39,1813 (a) Using the procedure under s. 227.24, the physician assistant affiliated
14credentialing board may promulgate initial rules under ss. 448.973 (1) and 448.975
15(5) (a) as emergency rules under s. 227.24 to allow for the licensure, discipline, and
16practice of physician assistants. The authority granted under this subsection applies
17only to rules described in this paragraph, and any other emergency rules
18promulgated by the board shall be as provided in, and subject to, s. 227.24.
SB184,39,2319 (b) Notwithstanding s. 227.24 (1) (a) and (3), the physician assistant affiliated
20credentialing board is not required to provide evidence that promulgating a rule
21under this subsection as an emergency rule is necessary for the preservation of the
22public peace, health, safety, or welfare and is not required to provide a finding of
23emergency for a rule promulgated under this subsection.
SB184,39,2524 (c) Emergency rules promulgated under this subsection may not take effect
25prior to the date specified in Section 73 (intro.) of this act.
SB184,40,3
1(d) Notwithstanding s. 227.24 (1) (c), emergency rules promulgated under this
2subsection remain in effect for one year, subject to extension under par. (e), or until
3the date on which permanent rules take effect, whichever is sooner.
SB184,40,154 (e) Notwithstanding s. 227.24 (2) (a), the joint committee for review of
5administrative rules may, at any time prior to the expiration date of the emergency
6rule promulgated under this subsection, extend the effective period of the emergency
7rule at the request of the physician assistant affiliated credentialing board for a
8period specified by the committee not to exceed 180 days. Any number of extensions
9may be granted under this paragraph, but the total period for all extensions may not
10extend beyond the expiration date of the emergency rule's statement of scope under
11s. 227.135 (5). Notwithstanding s. 227.24 (2) (b) 1., the physician assistant affiliated
12credentialing board is not required to provide evidence that there is a threat to the
13public peace, health, safety, or welfare that can be avoided only by extension of the
14emergency rule when making a request for an extension under this subsection, but
15s. 227.24 (2) (am) to (c) shall otherwise apply to extensions under this paragraph.
SB184,40,1816 (f) If the physician assistant affiliated credentialing board promulgates
17emergency rules under this subsection, the board shall submit a single statement of
18scope for both permanent and emergency rules.
SB184,40,1919 (3) Board; transfers.
SB184,40,2420 (a) Tangible personal property. On the effective date of this paragraph, all
21tangible personal property, including records, of the medical examining board that
22the secretary of safety and professional services determines to be primarily related
23to the regulation of physician assistants is transferred to the physician assistant
24affiliated credentialing board.
SB184,41,7
1(b) Pending matters. Any matter pending with the medical examining board
2on the effective date of this paragraph that is primarily related to the regulation of
3physician assistants, as determined by the secretary of safety and professional
4services, is transferred to the physician assistant affiliated credentialing board. All
5materials submitted to or actions taken by the medical examining board with respect
6to the pending matter are considered as having been submitted to or taken by the
7physician assistant affiliated credentialing board.
SB184,41,158 (c) Contracts. All contracts entered into by the medical examining board in
9effect on the effective date of this paragraph that are primarily related to the
10regulation of physician assistants, as determined by the secretary of safety and
11professional services, remain in effect and are transferred to the physician assistant
12affiliated credentialing board. The physician assistant affiliated credentialing board
13shall carry out any obligations under such a contract until the contract is modified
14or rescinded by the physician assistant affiliated credentialing board to the extent
15allowed under the contract.
SB184,41,2016 (d) Assets and liabilities. On the effective date of this paragraph, the assets and
17liabilities of the medical examining board that are primarily related to the regulation
18of physician assistants, as determined by the secretary of safety and professional
19services, become the assets and liabilities of the physician assistant affiliated
20credentialing board.
SB184,41,2421 (e) Orders. All orders issued by the medical examining board in effect on the
22effective date of this paragraph that are primarily related to the regulation of
23physician assistants remain in effect until their specified expiration dates or until
24modified or rescinded by the physician assistant affiliated credentialing board.
SB184,73
1Section 73 . Effective dates. This act takes effect on the first day of the 13th
2month beginning after publication, except as follows:
SB184,42,43 (1) The treatment of s. 15.406 (7) and Section 72 (1) and (2) of this act take effect
4on the day after publication.
SB184,42,75 (2) Notwithstanding s. 227.265, the treatment of ch. Med 8 of the
6administrative code takes effect on the first day of the 13th month beginning after
7publication.
SB184,42,88 (End)
Loading...
Loading...