SB394,9,1713
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.
SB394,17
18Section 17
. 50.09 (1) (h) of the statutes is amended to read:
SB394,9,2219
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.
SB394,18
23Section 18
. 50.09 (1) (k) of the statutes is amended to read:
SB394,9,2524
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.
SB394,19
11Section 19
. 50.49 (1) (b) (intro.) of the statutes is amended to read:
SB394,10,2012
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:
SB394,20
21Section 20
. 51.41 (1d) (b) 4. of the statutes is amended to read:
SB394,11,622
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.
SB394,21
7Section 21
. 70.47 (8) (intro.) of the statutes is amended to read:
SB394,11,208
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:
SB394,12,923
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:
SB394,23
10Section 23
. 77.54 (14) (f) 3. of the statutes is repealed.
SB394,24
11Section 24
. 77.54 (14) (f) 4. of the statutes is amended to read:
SB394,12,1312
77.54
(14) (f) 4. An advanced practice
registered nurse
who may issue
13prescription orders under s. 441.09 (2).
SB394,25
14Section 25
. 97.59 of the statutes is amended to read:
SB394,13,2
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.
SB394,26
3Section 26
. 102.13 (1) (a) of the statutes is amended to read:
SB394,13,154
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.
SB394,27
16Section 27
. 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
17read:
SB394,14,618
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:
SB394,14,107
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.
SB394,14,1311
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.
SB394,14,1814
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.
SB394,28
19Section 28
. 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
SB394,14,2320
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.
SB394,15,324
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.
SB394,15,104
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.
SB394,15,1511
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.
SB394,16,918
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.
SB394,30
10Section 30
. 102.13 (2) (b) of the statutes is amended to read:
SB394,16,2111
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).
SB394,31
22Section 31
. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
SB394,17,1823
102.17
(1) (d) 1. The contents of certified medical and surgical reports by
24physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
25advanced practice
nurse prescribers registered nurses, and chiropractors licensed in
1and practicing in this state, and of certified reports by experts concerning loss of
2earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
3constitute prima facie evidence as to the matter contained in those reports, subject
4to any rules and limitations the division prescribes. Certified reports of physicians,
5podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
6practice
nurse prescribers registered nurses, and chiropractors, wherever licensed
7and practicing, who have examined or treated the claimant, and of experts, if the
8practitioner or expert consents to being subjected to cross-examination, also
9constitute prima facie evidence as to the matter contained in those reports. Certified
10reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
11admissible as evidence of the diagnosis, necessity of the treatment, and cause and
12extent of the disability. Certified reports by doctors of dentistry, physician
13assistants, and advanced practice
nurse prescribers
registered nurses are
14admissible as evidence of the diagnosis and necessity of treatment but not of the
15cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
16psychologist, chiropractor, physician assistant, advanced practice
registered nurse
17prescriber, or expert who knowingly makes a false statement of fact or opinion in a
18certified report may be fined or imprisoned, or both, under s. 943.395.
SB394,18,219
2. The record of a hospital or sanatorium in this state that is satisfactory to the
20division, established by certificate, affidavit, or testimony of the supervising officer
21of the hospital or sanatorium, any other person having charge of the record, or a
22physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
23practice
registered nurse
prescriber, or chiropractor to be the record of the patient
24in question, and made in the regular course of examination or treatment of the
1patient, constitutes prima facie evidence as to the matter contained in the record, to
2the extent that the record is otherwise competent and relevant.
SB394,32
3Section 32
. 102.29 (3) of the statutes is amended to read:
SB394,18,84
102.29
(3) Nothing in this chapter shall prevent an employee from taking the
5compensation that the employee may be entitled to under this chapter and also
6maintaining a civil action against any physician, chiropractor, psychologist, dentist,
7physician assistant, advanced practice
registered nurse
prescriber, or podiatrist for
8malpractice.
SB394,33
9Section 33
. 102.42 (2) (a) of the statutes is amended to read:
SB394,18,2210
102.42
(2) (a) When the employer has notice of an injury and its relationship
11to the employment, the employer shall offer to the injured employee his or her choice
12of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
13practice
registered nurse
prescriber, or podiatrist licensed to practice and practicing
14in this state for treatment of the injury. By mutual agreement, the employee may
15have the choice of any qualified practitioner not licensed in this state. In case of
16emergency, the employer may arrange for treatment without tendering a choice.
17After the emergency has passed the employee shall be given his or her choice of
18attending practitioner at the earliest opportunity. The employee has the right to a
192nd choice of attending practitioner on notice to the employer or its insurance carrier.
20Any further choice shall be by mutual agreement. Partners and clinics are
21considered to be one practitioner. Treatment by a practitioner on referral from
22another practitioner is considered to be treatment by one practitioner.
SB394,34
23Section
34. 106.30 (1) of the statutes is amended to read:
SB394,19,324
106.30
(1) Definition. In this section, “nurse" means a registered nurse
25licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse
1licensed or permitted under s. 441.10,
or an advanced practice
registered nurse
2prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s.
441.15 3441.09.
SB394,35
4Section 35
. 118.15 (3) (a) of the statutes is amended to read:
SB394,19,155
118.15
(3) (a) Any child who is excused by the school board because the child
6is temporarily not in proper physical or mental condition to attend a school program
7but who can be expected to return to a school program upon termination or
8abatement of the illness or condition. The school attendance officer may request the
9parent or guardian of the child to obtain a written statement from a licensed
10physician, dentist, chiropractor, optometrist, psychologist, physician assistant, or
11nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice
12registered nurse
prescriber or Christian Science practitioner living and residing in
13this state, who is listed in the Christian Science Journal, as sufficient proof of the
14physical or mental condition of the child. An excuse under this paragraph shall be
15in writing and shall state the time period for which it is valid, not to exceed 30 days.
SB394,36
16Section 36
. 118.25 (1) (a) of the statutes is amended to read:
SB394,19,2017
118.25
(1) (a) “Practitioner" means a person licensed as a physician or as a
18physician assistant in any state or licensed
as an advanced practice registered nurse 19or certified as an advanced practice
registered nurse prescriber in any state. In this
20paragraph, “physician” has the meaning given in s. 448.01 (5).
SB394,37
21Section 37
. 118.29 (1) (e) of the statutes is amended to read:
SB394,19,2422
118.29
(1) (e) “Practitioner" means any physician, dentist, optometrist,
23physician assistant, advanced practice
registered nurse
prescriber with prescribing
24authority, or podiatrist licensed in any state.
SB394,38
25Section
38. 118.2925 (1) (b) of the statutes is repealed.
SB394,39
1Section
39. 118.2925 (3) of the statutes is amended to read:
SB394,20,62
118.2925
(3) Prescriptions for schools. A physician, an advanced practice
3registered nurse
prescriber
who may issue prescription orders under s. 441.09 (2),
4or a physician assistant may prescribe epinephrine auto-injectors in the name of a
5school that has adopted a plan under sub. (2) (a), to be maintained by the school for
6use under sub. (4).
SB394,40
7Section 40
. 118.2925 (4) (c) of the statutes is amended to read:
SB394,20,208
118.2925
(4) (c) Administer an epinephrine auto-injector to a pupil or other
9person who the school nurse or designated school personnel in good faith believes is
10experiencing anaphylaxis in accordance with a standing protocol from a physician,
11an advanced practice
registered nurse
prescriber who may issue prescription orders
12under s. 441.09 (2), or a physician assistant, regardless of whether the pupil or other
13person has a prescription for an epinephrine auto-injector. If the pupil or other
14person does not have a prescription for an epinephrine auto-injector, or the person
15who administers the epinephrine auto-injector does not know whether the pupil or
16other person has a prescription for an epinephrine auto-injector, the person who
17administers the epinephrine auto-injector shall, as soon as practicable, report the
18administration by dialing the telephone number “911" or, in an area in which the
19telephone number “911" is not available, the telephone number for an emergency
20medical service provider.
SB394,41
21Section 41
. 118.2925 (5) of the statutes is amended to read:
SB394,21,822
118.2925
(5) Immunity from civil liability; exemption from practice of
23medicine. A school and its designated school personnel, and a physician,
an advanced
24practice
registered nurse
prescriber who may issue prescription orders under s.
25441.09 (2), or
a physician assistant who provides a prescription or standing protocol
1for school epinephrine auto-injectors, are not liable for any injury that results from
2the administration or self-administration of an epinephrine auto-injector under
3this section, regardless of whether authorization was given by the pupil's parent or
4guardian or by the pupil's physician, physician assistant, or advanced practice
5registered nurse
prescriber, unless the injury is the result of an act or omission that
6constitutes gross negligence or willful or wanton misconduct. The immunity from
7liability provided under this subsection is in addition to and not in lieu of that
8provided under s. 895.48.
SB394,42
9Section 42
. 146.343 (1) (c) of the statutes is amended to read:
SB394,21,1310
146.343
(1) (c) “Nurse-midwife" means an individual who is licensed
to engage
11in the practice of nurse-midwifery under s. 441.15 (3) (a) as an advanced practice
12registered nurse and possesses a certified nurse-midwife specialty designation
13under s. 441.09.
SB394,43
14Section 43
. 146.82 (3) (a) of the statutes is amended to read:
SB394,21,2215
146.82
(3) (a) Notwithstanding sub. (1), a physician, physician assistant, as
16defined in s. 448.01 (6), or advanced practice
registered nurse
prescriber certified 17under s. 441.16 (2) licensed under s. 441.09 who treats a patient whose physical or
18mental condition in the physician's, physician assistant's, or advanced practice
nurse
19prescriber's registered nurse's judgment affects the patient's ability to exercise
20reasonable and ordinary control over a motor vehicle may report the patient's name
21and other information relevant to the condition to the department of transportation
22without the informed consent of the patient.
SB394,22,7
1146.82
(3) (a) Notwithstanding sub. (1), a physician, a physician assistant, or
2an advanced practice registered nurse licensed under s. 441.09 who treats a patient
3whose physical or mental condition in the physician's, physician assistant's, or
4advanced practice registered nurse's judgment affects the patient's ability to exercise
5reasonable and ordinary control over a motor vehicle may report the patient's name
6and other information relevant to the condition to the department of transportation
7without the informed consent of the patient.
SB394,45
8Section 45
. 146.89 (1) (r) 1. of the statutes is amended to read:
SB394,22,149
146.89
(1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental
10hygienist under ch. 447, a registered nurse, practical nurse, or
nurse-midwife 11advanced practice registered nurse under ch. 441, an optometrist under ch. 449, a
12physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under
13ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch.
14III of ch. 448.
SB394,22,2217
146.89
(1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental
18hygienist under ch. 447, a registered nurse, practical nurse, or advanced practice
19registered nurse under ch. 441, an optometrist under ch. 449, a physician assistant
20under ch. subch. VIII of 448, a pharmacist under ch. 450, a chiropractor under ch.
21446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III
22of ch. 448.
SB394,47
23Section 47
. 146.89 (1) (r) 3. of the statutes is repealed.
SB394,48
24Section 48
. 146.89 (1) (r) 8. of the statutes is amended to read:
SB394,23,2
1146.89
(1) (r) 8. An advanced practice
registered nurse who
has a certificate to 2may issue prescription orders under s.
441.16 441.09 (2).
SB394,49
3Section 49
. 146.89 (6) of the statutes is amended to read:
SB394,23,74
146.89
(6) (a) While serving as a volunteer health care provider under this
5section, an advanced practice
registered nurse who
has a certificate to may issue
6prescription orders under s.
441.16 441.09 (2) is considered to meet the requirements
7of s. 655.23, if required to comply with s. 655.23.
SB394,23,118
(b) While serving as a volunteer health care provider under this section, an
9advanced practice
registered nurse who
has a certificate to may issue prescription
10orders under s.
441.16 441.09 (2) is not required to maintain in effect malpractice
11insurance.
SB394,50
12Section 50
. 154.01 (1g) of the statutes is amended to read:
SB394,23,1613
154.01
(1g) “Advanced practice registered nurse” means
a nurse an individual
14licensed under
ch. 441 who is currently certified by a national certifying body
15approved by the board of nursing as a nurse practitioner, certified nurse-midwife,
16certified registered nurse anesthetist, or clinical nurse specialist s. 441.09.
SB394,51
17Section 51
. 155.01 (1g) (b) of the statutes is repealed and recreated to read:
SB394,23,1918
155.01
(1g) (b) An individual who is licensed as an advanced practice registered
19nurse and possesses a nurse practitioner specialty designation under s. 441.09.
SB394,52
20Section
52. 252.01 (1c) of the statutes is repealed.
SB394,53
21Section 53
. 252.07 (8) (a) 2. of the statutes is amended to read:
SB394,23,2522
252.07
(8) (a) 2. The department or local health officer provides to the court a
23written statement from a physician, physician assistant, or advanced practice
24registered nurse
prescriber that the individual has infectious tuberculosis or suspect
25tuberculosis.
SB394,54
1Section
54. 252.07 (9) (c) of the statutes is amended to read:
SB394,24,82
252.07
(9) (c) If the court orders confinement of an individual under this
3subsection, the individual shall remain confined until the department or local health
4officer, with the concurrence of a treating physician, physician assistant, or advanced
5practice
registered nurse
prescriber, determines that treatment is complete or that
6the individual is no longer a substantial threat to himself or herself or to the public
7health. If the individual is to be confined for more than 6 months, the court shall
8review the confinement every 6 months.
SB394,55
9Section 55
. 252.10 (7) of the statutes is amended to read:
SB394,24,1410
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
11shall be purchased by the department from the appropriation account under s.
1220.435 (1) (e) and dispensed to patients through the public health dispensaries, local
13health departments, physicians
, or advanced practice
nurse prescribers registered
14nurses who may issue prescription orders under s. 441.09 (2).
SB394,56
15Section 56
. 252.11 (2), (4), (5), (7) and (10) of the statutes are amended to read:
SB394,25,216
252.11
(2) An officer of the department or a local health officer having
17knowledge of any reported or reasonably suspected case or contact of a sexually
18transmitted disease for which no appropriate treatment is being administered, or of
19an actual contact of a reported case or potential contact of a reasonably suspected
20case, shall investigate or cause the case or contact to be investigated as necessary.
21If, following a request of an officer of the department or a local health officer, a person
22reasonably suspected of being infected with a sexually transmitted disease refuses
23or neglects examination by a physician, physician assistant, or advanced practice
24registered nurse
prescriber or treatment, an officer of the department or a local
1health officer may proceed to have the person committed under sub. (5) to an
2institution or system of care for examination, treatment, or observation.
SB394,25,9
3(4) If a person infected with a sexually transmitted disease ceases or refuses
4treatment before reaching what in a physician's, physician assistant's, or advanced
5practice
nurse prescriber's registered nurse's opinion is the noncommunicable stage,
6the physician, physician assistant, or advanced practice
registered nurse
prescriber 7shall notify the department. The department shall without delay take the necessary
8steps to have the person committed for treatment or observation under sub. (5), or
9shall notify the local health officer to take these steps.
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10(5) Any court of record may commit a person infected with a sexually
11transmitted disease to any institution or may require the person to undergo a system
12of care for examination, treatment, or observation if the person ceases or refuses
13examination, treatment, or observation under the supervision of a physician,
14physician assistant, or advanced practice
registered nurse
prescriber. The court
15shall summon the person to appear on a date at least 48 hours, but not more than
1696 hours, after service if an officer of the department or a local health officer petitions
17the court and states the facts authorizing commitment. If the person fails to appear
18or fails to accept commitment without reasonable cause, the court may cite the
19person for contempt. The court may issue a warrant and may direct the sheriff, any
20constable, or any police officer of the county immediately to arrest the person and
21bring the person to court if the court finds that a summons will be ineffectual. The
22court shall hear the matter of commitment summarily. Commitment under this
23subsection continues until the disease is no longer communicable or until other
24provisions are made for treatment that satisfy the department. The certificate of the
1petitioning officer is prima facie evidence that the disease is no longer communicable
2or that satisfactory provisions for treatment have been made.
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3(7) Reports, examinations and inspections
, and all records concerning sexually
4transmitted diseases are confidential and not open to public inspection, and may not
5be divulged except as may be necessary for the preservation of the public health, in
6the course of commitment proceedings under sub. (5), or as provided under s. 938.296
7(4) or 968.38 (4). If a physician, physician assistant, or advanced practice
registered 8nurse
prescriber has reported a case of sexually transmitted disease to the
9department under sub. (4), information regarding the presence of the disease and
10treatment is not privileged when the patient, physician, physician assistant, or
11advanced practice
registered nurse
prescriber is called upon to testify to the facts
12before any court of record.
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13(10) The state laboratory of hygiene shall examine specimens for the diagnosis
14of sexually transmitted diseases for any physician, physician assistant, advanced
15practice
registered nurse
prescriber, or local health officer in the state, and shall
16report the positive results of the examinations to the local health officer and to the
17department. All laboratories performing tests for sexually transmitted diseases
18shall report all positive results to the local health officer and to the department, with
19the name of the physician, physician assistant, or advanced practice
registered nurse
20prescriber to whom reported.