This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB394,115 12Section 115. 441.15 of the statutes is repealed.
SB394,116 13Section 116 . 441.16 of the statutes is repealed.
SB394,117 14Section 117 . 441.18 (2) (a) (intro.) of the statutes is amended to read:
SB394,56,1615 441.18 (2) (a) (intro.) An advanced practice registered nurse certified to who
16may
issue prescription orders under s. 441.16 441.09 (2) may do any of the following:
SB394,118 17Section 118 . 441.18 (2) (b) of the statutes is amended to read:
SB394,56,2418 441.18 (2) (b) An advanced practice registered nurse who prescribes or delivers
19an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid
20antagonist is prescribed has or has the capacity to provide the knowledge and
21training necessary to safely administer the opioid antagonist to an individual
22undergoing an opioid-related overdose and that the person demonstrates the
23capacity to ensure that any individual to whom the person further delivers the opioid
24antagonist has or receives that knowledge and training.
SB394,119 25Section 119 . 441.18 (3) of the statutes is amended to read:
SB394,57,6
1441.18 (3) An advanced practice registered nurse who, acting in good faith,
2prescribes or delivers an opioid antagonist in accordance with sub. (2), or who, acting
3in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist, shall
4be immune from criminal or civil liability and may not be subject to professional
5discipline under s. 441.07 for any outcomes resulting from prescribing, delivering,
6or dispensing the opioid antagonist.
SB394,120 7Section 120 . 441.19 of the statutes is repealed.
SB394,121 8Section 121 . Subchapter II (title) of chapter 441 [precedes 441.51] of the
9statutes is amended to read:
SB394,57,1010 Chapter 441
SB394,57,1111 SUBCHAPTER II
SB394,57,12 12ENHANCED NURSE LICENSURE COMPACT
SB394,122 13Section 122 . 441.51 (title) of the statutes is amended to read:
SB394,57,14 14441.51 (title) Enhanced nurse Nurse licensure compact.
SB394,123 15Section 123 . 448.03 (2) (a) of the statutes is amended to read:
SB394,57,2216 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
17permit, registration, certificate or certification granted to practice midwifery under
18subch. XIII of ch. 440, to practice professional or , practical, or advanced practice
19registered
nursing or nurse-midwifery under ch. 441, to practice chiropractic under
20ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry
21under ch. 449, to practice acupuncture under ch. 451 or under any other statutory
22provision, or as otherwise provided by statute.
SB394,124 23Section 124 . 448.03 (2) (a) of the statutes, as affected by 2021 Wisconsin Acts
2423
and .... (this act), is repealed and recreated to read:
SB394,58,7
1448.03 (2) (a) Any person lawfully practicing within the scope of a license,
2permit, registration, certificate or certification granted to practice midwifery under
3subch. XIII of ch. 440, to practice professional, practical, or advanced practice
4registered nursing under ch. 441, to practice chiropractic under ch. 446, to practice
5dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to
6practice as a physician assistant under subch. VIII, to practice acupuncture under
7ch. 451 or under any other statutory provision, or as otherwise provided by statute.
SB394,125 8Section 125. 448.035 (1) (a) of the statutes is repealed.
SB394,126 9Section 126 . 448.035 (2), (3) and (4) of the statutes are amended to read:
SB394,58,2310 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician, or a
11physician assistant, or certified advanced practice nurse prescriber may provide
12expedited partner therapy if the patient is diagnosed as infected with a chlamydial
13infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with
14a sexual partner during which the chlamydial infection, gonorrhea, or
15trichomoniasis may have been transmitted to or from the sexual partner. The
16physician, or physician assistant , or certified advanced practice nurse prescriber
17shall attempt to obtain the name of the patient's sexual partner. A prescription order
18for an antimicrobial drug prepared under this subsection shall include the name and
19address of the patient's sexual partner, if known. If the physician , or physician
20assistant, or certified advanced practice nurse prescriber is unable to obtain the
21name of the patient's sexual partner, the prescription order shall include, in ordinary
22bold-faced capital letters, the words, “expedited partner therapy" or the letters
23“EPT."
SB394,59,3 24(3) The physician, or physician assistant, or certified advanced practice nurse
25prescriber
shall provide the patient with a copy of the information sheet prepared by

1the department of health services under s. 46.03 (44) and shall request that the
2patient give the information sheet to the person with whom the patient had sexual
3contact.
SB394,59,8 4(4) (a) Except as provided in par. (b), a physician , or physician assistant, or
5certified advanced practice nurse prescriber
is immune from civil liability for injury
6to or the death of a person who takes any antimicrobial drug if the antimicrobial drug
7is prescribed, dispensed, or furnished under this section and if expedited partner
8therapy is provided as specified under this section.
SB394,59,129 (b) The immunity under par. (a) does not extend to the donation, distribution,
10furnishing, or dispensing of an antimicrobial drug by a physician , or physician
11assistant, or certified advanced practice nurse prescriber whose act or omission
12involves reckless, wanton, or intentional misconduct.
SB394,127 13Section 127 . 448.035 (2), (3) and (4) of the statutes, as affected by 2021
14Wisconsin Acts 23
and .... (this act), are repealed and recreated to read:
SB394,59,2515 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician may
16provide expedited partner therapy if the patient is diagnosed as infected with a
17chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual
18contact with a sexual partner during which the chlamydial infection, gonorrhea, or
19trichomoniasis may have been transmitted to or from the sexual partner. The
20physician shall attempt to obtain the name of the patient's sexual partner. A
21prescription order for an antimicrobial drug prepared under this subsection shall
22include the name and address of the patient's sexual partner, if known. If the
23physician is unable to obtain the name of the patient's sexual partner, the
24prescription order shall include, in ordinary bold-faced capital letters, the words,
25“expedited partner therapy" or the letters “EPT."
SB394,60,4
1(3) The physician shall provide the patient with a copy of the information sheet
2prepared by the department of health services under s. 46.03 (44) and shall request
3that the patient give the information sheet to the person with whom the patient had
4sexual contact.
SB394,60,8 5(4) (a) Except as provided in par. (b), a physician is immune from civil liability
6for injury to or the death of a person who takes any antimicrobial drug if the
7antimicrobial drug is prescribed, dispensed, or furnished under this section and if
8expedited partner therapy is provided as specified under this section.
SB394,60,119 (b) The immunity under par. (a) does not extend to the donation, distribution,
10furnishing, or dispensing of an antimicrobial drug by a physician whose act or
11omission involves reckless, wanton, or intentional misconduct.
SB394,128 12Section 128 . 448.56 (1) and (1m) (b) of the statutes are amended to read:
SB394,61,213 448.56 (1) Written referral. Except as provided in this subsection and s.
14448.52, a person may practice physical therapy only upon the written referral of a
15physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice
16registered nurse prescriber certified under s. 441.16 (2). Written referral is not
17required if a physical therapist provides services in schools to children with
18disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the
19department of public instruction; provides services as part of a home health care
20agency; provides services to a patient in a nursing home pursuant to the patient's
21plan of care; provides services related to athletic activities, conditioning, or injury
22prevention; or provides services to an individual for a previously diagnosed medical
23condition after informing the individual's physician, physician assistant,
24chiropractor, dentist, podiatrist, or advanced practice registered nurse prescriber
25certified under s. 441.16 (2)
who made the diagnosis. The examining board may

1promulgate rules establishing additional services that are excepted from the written
2referral requirements of this subsection.
SB394,61,8 3(1m) (b) The examining board shall promulgate rules establishing the
4requirements that a physical therapist must satisfy if a physician, physician
5assistant, chiropractor, dentist, podiatrist, or advanced practice registered nurse
6prescriber makes a written referral under sub. (1). The purpose of the rules shall be
7to ensure continuity of care between the physical therapist and the health care
8practitioner.
SB394,129 9Section 129 . 448.62 (2m) of the statutes is amended to read:
SB394,61,1310 448.62 (2m) An advanced practice registered nurse who is certified to issue
11prescription orders under s. 441.16 and
who is providing nonsurgical patient services
12as directed, supervised, and inspected by a podiatrist who has the power to direct,
13decide, and oversee the implementation of the patient services rendered.
SB394,130 14Section 130 . 448.67 (2) of the statutes is amended to read:
SB394,61,2415 448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee
16who renders any podiatric service or assistance, or gives any podiatric advice or any
17similar advice or assistance, to any patient, podiatrist, physician, physician
18assistant, advanced practice registered nurse prescriber certified under s. 441.16 (2),
19partnership, or corporation, or to any other institution or organization, including a
20hospital, for which a charge is made to a patient, shall, except as authorized by
21Title 18 or Title 19 of the federal Social Security Act, render an individual statement
22or account of the charge directly to the patient, distinct and separate from any
23statement or account by any other podiatrist, physician, physician assistant,
24advanced practice registered nurse prescriber, or other person.
SB394,131 25Section 131 . 448.956 (1m) of the statutes is amended to read:
SB394,62,7
1448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training
2to an individual without a referral, except that a licensee may not provide athletic
3training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
4setting unless the licensee has obtained a written referral for the individual from a
5practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
6under ch. 446; or under s. 441.16 (2) 441.09 or from a practitioner who holds a
7compact privilege under subch. IX of ch. 448.
SB394,132 8Section 132 . 448.956 (1m) of the statutes, as affected by 2021 Wisconsin Acts
923
and .... (this act), is repealed and recreated to read:
SB394,62,1610 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training
11to an individual without a referral, except that a licensee may not provide athletic
12training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
13setting unless the licensee has obtained a written referral for the individual from a
14practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
15under ch. 446; or under s. 441.09 or from a practitioner who holds a compact privilege
16under subch. X of ch. 448.
SB394,133 17Section 133. 450.01 (1m) of the statutes is repealed.
SB394,134 18Section 134 . 450.01 (16) (h) 2. of the statutes is amended to read:
SB394,62,2219 450.01 (16) (h) 2. The patient's advanced practice registered nurse prescriber,
20if the advanced practice registered nurse prescriber has entered into a written
21agreement to collaborate with a physician
may issue prescription orders under s.
22441.09 (2)
.
SB394,135 23Section 135 . 450.01 (16) (hr) 2. of the statutes is amended to read:
SB394,62,2524 450.01 (16) (hr) 2. An advanced practice registered nurse prescriber who may
25issue prescription orders under s. 441.09 (2)
.
SB394,136
1Section 136. 450.03 (1) (e) of the statutes is amended to read:
SB394,63,82 450.03 (1) (e) Any person lawfully practicing within the scope of a license,
3permit, registration, certificate, or certification granted to provide home medical
4oxygen under s. 450.076, to practice professional or , practical, or advanced practice
5registered
nursing or nurse-midwifery under ch. 441, to practice dentistry or dental
6hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice
7optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as
8otherwise provided by statute.
SB394,137 9Section 137. 450.11 (1g) (b) of the statutes is amended to read:
SB394,63,2310 450.11 (1g) (b) A pharmacist may, upon the prescription order of a practitioner
11providing expedited partner therapy, as specified in s. 441.092 or 448.035, that
12complies with the requirements of sub. (1), dispense an antimicrobial drug as a
13course of therapy for treatment of chlamydial infections, gonorrhea, or
14trichomoniasis to the practitioner's patient or a person with whom the patient has
15had sexual contact for use by the person with whom the patient has had sexual
16contact. The pharmacist shall provide a consultation in accordance with rules
17promulgated by the board for the dispensing of a prescription to the person to whom
18the antimicrobial drug is dispensed. A pharmacist providing a consultation under
19this paragraph shall ask whether the person for whom the antimicrobial drug has
20been prescribed is allergic to the antimicrobial drug and advise that the person for
21whom the antimicrobial drug has been prescribed must discontinue use of the
22antimicrobial drug if the person is allergic to or develops signs of an allergic reaction
23to the antimicrobial drug.
SB394,138 24Section 138 . 450.11 (1g) (b) of the statutes, as affected by 2021 Wisconsin Acts
2523
and .... (this act), is repealed and recreated to read:
SB394,64,14
1450.11 (1g) (b) A pharmacist may, upon the prescription order of a practitioner
2providing expedited partner therapy, as specified in s. 441.092, 448.035, or 448.9725,
3that complies with the requirements of sub. (1), dispense an antimicrobial drug as
4a course of therapy for treatment of chlamydial infections, gonorrhea, or
5trichomoniasis to the practitioner's patient or a person with whom the patient has
6had sexual contact for use by the person with whom the patient has had sexual
7contact. The pharmacist shall provide a consultation in accordance with rules
8promulgated by the board for the dispensing of a prescription to the person to whom
9the antimicrobial drug is dispensed. A pharmacist providing a consultation under
10this paragraph shall ask whether the person for whom the antimicrobial drug has
11been prescribed is allergic to the antimicrobial drug and advise that the person for
12whom the antimicrobial drug has been prescribed must discontinue use of the
13antimicrobial drug if the person is allergic to or develops signs of an allergic reaction
14to the antimicrobial drug.
SB394,139 15Section 139 . 450.11 (1i) (a) 1. of the statutes is amended to read:
SB394,65,216 450.11 (1i) (a) 1. A pharmacist may, upon and in accordance with the
17prescription order of an advanced practice registered nurse prescriber under s.
18441.18 (2) (a) 1., or of a physician or physician assistant under s. 448.037 (2) (a) 1.,
19that complies with the requirements of sub. (1), deliver an opioid antagonist to a
20person specified in the prescription order and may, upon and in accordance with the
21standing order of an advanced practice registered nurse prescriber under s. 441.18
22(2) (a) 2., or of a physician or physician assistant under s. 448.037 (2) (a) 2., that
23complies with the requirements of sub. (1), deliver an opioid antagonist to an
24individual in accordance with the order. The pharmacist shall provide a consultation

1in accordance with rules promulgated by the board for the delivery of a prescription
2to the person to whom the opioid antagonist is delivered.
SB394,140 3Section 140 . 450.11 (1i) (a) 1. of the statutes, as affected by 2021 Wisconsin
4Acts 23
and .... (this act), is repealed and recreated to read:
SB394,65,155 450.11 (1i) (a) 1. A pharmacist may, upon and in accordance with the
6prescription order of an advanced practice registered nurse under s. 441.18 (2) (a) 1.,
7of a physician under s. 448.037 (2) (a) 1., or of a physician assistant under s. 448.9727
8(2) (a) 1. that complies with the requirements of sub. (1), deliver an opioid antagonist
9to a person specified in the prescription order and may, upon and in accordance with
10the standing order of an advanced practice registered nurse under s. 441.18 (2) (a)
112., of a physician under s. 448.037 (2) (a) 2., or of a physician assistant under s.
12448.9727 (2) (a) 2. that complies with the requirements of sub. (1), deliver an opioid
13antagonist to an individual in accordance with the order. The pharmacist shall
14provide a consultation in accordance with rules promulgated by the board for the
15delivery of a prescription to the person to whom the opioid antagonist is delivered.
SB394,141 16Section 141 . 450.11 (1i) (b) 2. b. of the statutes is amended to read:
SB394,65,1917 450.11 (1i) (b) 2. b. An advanced practice registered nurse prescriber may only
18deliver or dispense an opioid antagonist in accordance with s. 441.18 (2) or in
19accordance with his or her other legal authority to dispense prescription drugs.
SB394,142 20Section 142 . 450.11 (7) (b) of the statutes is amended to read:
SB394,65,2421 450.11 (7) (b) Information communicated to a physician, physician assistant,
22or advanced practice registered nurse prescriber in an effort to procure unlawfully
23a prescription drug or the administration of a prescription drug is not a privileged
24communication.
SB394,143 25Section 143 . 450.11 (8) (e) of the statutes is amended to read:
SB394,66,2
1450.11 (8) (e) The board of nursing, insofar as this section applies to advanced
2practice nurse prescribers registered nurses.
SB394,144 3Section 144 . 450.13 (5) (b) of the statutes is amended to read:
SB394,66,64 450.13 (5) (b) The patient's advanced practice registered nurse prescriber, if the
5advanced practice registered nurse prescriber has entered into a written agreement
6to collaborate with a physician
may issue prescription orders under s. 441.09 (2).
SB394,145 7Section 145 . 450.135 (7) (b) of the statutes is amended to read:
SB394,66,118 450.135 (7) (b) The patient's advanced practice registered nurse prescriber, if
9the advanced practice registered nurse prescriber has entered into a written
10agreement to collaborate with a physician
may issue prescription orders under s.
11441.09 (2)
.
SB394,146 12Section 146 . 462.04 of the statutes is amended to read:
SB394,66,21 13462.04 Prescription or order required. A person who holds a license or
14limited X-ray machine operator permit under this chapter may not use diagnostic
15X-ray equipment on humans for diagnostic purposes unless authorized to do so by
16prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
17under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
18under s. 446.02, an advanced practice registered nurse certified licensed under s.
19441.16 (2) 441.09, a physician assistant licensed under s. 448.04 (1) (f), or, subject to
20s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a
21compact privilege under subch. IX of ch. 448.
SB394,147 22Section 147 . 462.04 of the statutes, as affected by 2021 Wisconsin Acts 23 and
23.... (this act), is repealed and recreated to read:
SB394,67,7 24462.04 Prescription or order required. A person who holds a license or
25limited X-ray machine operator permit under this chapter may not use diagnostic

1X-ray equipment on humans for diagnostic purposes unless authorized to do so by
2prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
3under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
4under s. 446.02, an advanced practice registered nurse licensed under s. 441.09, a
5physician assistant licensed under s. 448.974, or, subject to s. 448.56 (7) (a), a
6physical therapist who is licensed under s. 448.53 or who holds a compact privilege
7under subch. IX of ch. 448.
SB394,148 8Section 148. 655.001 (7t) of the statutes is amended to read:
SB394,67,139 655.001 (7t) “Health care practitioner" means a health care professional, as
10defined in s. 180.1901 (1m), who is an employee of a health care provider described
11in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care
12services that are not in collaboration with a physician under s. 441.15 (2) (b) or under
13the direction and supervision of a physician or nurse anesthetist.
SB394,149 14Section 149 . 655.001 (9) of the statutes is amended to read:
SB394,67,2015 655.001 (9) “Nurse anesthetist" means a nurse an individual who is licensed
16under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued
17in a party state, as defined in s. 441.51 (2) (k), and who is certified as a nurse
18anesthetist by the American association of nurse anesthetists
as an advanced
19practice registered nurse and possesses a certified registered nurse anesthetist
20specialty designation under s. 441.09
.
SB394,150 21Section 150 . 655.005 (2) (a) of the statutes is amended to read:
SB394,67,2522 655.005 (2) (a) An employee of a health care provider if the employee is a
23physician or a nurse anesthetist or is a health care practitioner who is providing
24health care services that are not in collaboration with a physician under s. 441.15 (2)
25(b) or
under the direction and supervision of a physician or nurse anesthetist.
SB394,151
1Section 151. 961.01 (19) (a) of the statutes is amended to read:
SB394,68,72 961.01 (19) (a) A physician, advanced practice registered nurse, dentist,
3veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21
4(3), a physician assistant, or other person licensed, registered, certified or otherwise
5permitted to distribute, dispense, conduct research with respect to, administer or use
6in teaching or chemical analysis a controlled substance in the course of professional
7practice or research in this state.
SB394,152 8Section 152 . 961.01 (19) (a) of the statutes, as affected by 2021 Wisconsin Acts
923
and .... (this act), is repealed and recreated to read:
SB394,68,1510 961.01 (19) (a) A physician, advanced practice registered nurse, dentist,
11veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.975
12(1) (b), a physician assistant, or other person licensed, registered, certified or
13otherwise permitted to distribute, dispense, conduct research with respect to,
14administer or use in teaching or chemical analysis a controlled substance in the
15course of professional practice or research in this state.
SB394,153 16Section 153 . 961.395 of the statutes is amended to read:
SB394,68,20 17961.395 Limitation on advanced practice registered nurses. (1) An
18advanced practice registered nurse who is certified may issue prescription orders
19under s. 441.16 441.09 (2) may prescribe controlled substances only as permitted by
20the rules promulgated under s. 441.16 (3) 441.09 (6) (d).
SB394,68,24 21(2) An advanced practice registered nurse certified under s. 441.16 who may
22issue prescription orders under s. 441.09 (2)
shall include with each prescription
23order the advanced practice nurse prescriber certification license number issued to
24him or her by the board of nursing.
SB394,69,4
1(3) An advanced practice registered nurse certified under s. 441.16 who may
2issue prescription orders under s. 441.09 (2)
may dispense a controlled substance
3only by prescribing or administering the controlled substance or as otherwise
4permitted by the rules promulgated under s. 441.16 (3) 441.09 (6) (d).
SB394,154 5Section 154 . Nonstatutory provisions.
SB394,69,156 (1) Using the procedure under s. 227.24, the board of nursing may promulgate
7rules under ch. 441 that are necessary to implement the changes in this act.
8Notwithstanding s. 227.24 (1) (a) and (3), the board is not required to provide
9evidence that promulgating a rule under this subsection as an emergency rule is
10necessary for the preservation of the public peace, health, safety, or welfare and is
11not required to provide a finding of emergency for a rule promulgated under this
12subsection. Notwithstanding s. 227.24 (1) (c) and (2), a rule promulgated under this
13subsection is effective for 2 years after its promulgation, or until permanent rules
14take effect, whichever is sooner, and the effective period of a rule promulgated under
15this subsection may not be further extended under s. 227.24 (2).
SB394,69,1616 (2) (a) In this subsection, the definitions under s. 441.001 apply.
SB394,69,2317 (b) Notwithstanding s. 441.09 (3), an individual who, on January 1, 2019, was
18licensed as a registered nurse in this state and was practicing in a recognized role
19may continue to practice advanced practice registered nursing and the
20corresponding recognized role in which he or she was practicing and may continue
21to use the titles corresponding to the recognized roles in which he or she was
22practicing during the period before which the board takes final action on the person's
23application under s. 441.09. This paragraph does not apply after March 1, 2023.
SB394,155 24Section 155 . Effective dates. This act takes effect on March 1, 2022, except
25as follows:
Loading...
Loading...