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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 (this act), is repealed and recreated to read: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 (this act), is repealed and recreated to read: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:
SB394,70,1
1(1) Section 154 (1 ) of this act takes effect on the day after publication.
SB394,70,72 (2) The treatment of ss. 46.03 (44) (by Section 11 ), 50.08 (2) (by Section 14 ),
370.47 (8) (intro.) (by Section 22 ), 146.82 (3) (a) (by Section 44 ), 146.89 (1) (r) 1. (by
4Section 46), 255.07 (1) (d) (by Section 72 ), 343.16 (5) (a) (by Section 76 ), 448.03 (2)
5(a) (by Section 124 ), 448.035 (2), (3), and (4) (by Section 127), 448.956 (1m) (by
6Section 132), 450.11 (1g) (b) (by Section 138 ) and (1i) (a) 1. (by Section 140 ), 462.04
7(by Section 147 ), and 961.01 (19) (a) (by Section 152 ) takes effect on April 1, 2022.
SB394,70,88 (End)
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