AB50: Bill Text

AB50,1234,13 252.11 (7) Reports, examinations and inspections, and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5), or as provided under s. 938.296 (4) or 968.38 (4). If a physician, physician assistant, or advanced practice registered nurse prescriber has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient, physician, physician assistant, or advanced practice registered nurse prescriber is called upon to testify to the facts before any court of record.

AB50,2489 Section 2489. 252.11 (10) of the statutes is amended to read:

AB50,1234,23 252.11 (10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician, naturopathic doctor, physician assistant, advanced practice registered nurse prescriber, or local health officer in the state, and shall report the positive results of the examinations to the local health officer and to the department. All laboratories performing tests for sexually transmitted diseases shall report all positive results to the local health officer and to the department, with the name of the physician, naturopathic doctor, physician assistant, or advanced practice registered nurse prescriber to whom reported.

AB50,2490 Section 2490. 252.12 (2) (a) 8. (intro.) of the statutes is amended to read:

AB50,1235,13 252.12 (2) (a) 8. ‘Mike Johnson life care and early intervention services grants.’ (intro.) The department shall award not more than $4,000,000 $4,500,000 in each fiscal year in grants to applying AIDS service organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation account under s. 20.435 (5) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation account under s. 20.435 (1) (am). All of the following apply to grants awarded under this subdivision:

AB50,2491 Section 2491. 252.15 (3m) (d) 11. b. of the statutes is amended to read:

AB50,1235,23 252.15 (3m) (d) 11. b. The coroner, medical examiner, or appointed assistant is investigating the cause of death of the subject of the HIV test and has contact with the body fluid of the subject of the HIV test that constitutes a significant exposure, if a physician, physician assistant, or advanced practice registered nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice registered nurse prescriber, determines and certifies in writing that the coroner, medical examiner, or appointed assistant has had a contact that constitutes a significant exposure and if the certification accompanies the request for disclosure.

AB50,2492 Section 2492. 252.15 (3m) (d) 13. of the statutes is amended to read:

AB50,1236,5 252.15 (3m) (d) 13. If the subject of the HIV test has a positive HIV test result and is deceased, by the subject’s attending physician, physician assistant, or advanced practice registered nurse prescriber, to persons, if known to the physician, physician assistant, or advanced practice registered nurse prescriber, with whom the subject had sexual contact or shared intravenous drug use paraphernalia.

AB50,2493 Section 2493. 252.15 (5g) (c) of the statutes is amended to read:

AB50,1236,23 252.15 (5g) (c) A physician, physician assistant, or advanced practice registered nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice registered nurse prescriber, determines and certifies in writing that the person has had contact that constitutes a significant exposure. The certification shall accompany the request for HIV testing and disclosure. If the person is a physician, physician assistant, or advanced practice registered nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician, physician assistant, or advanced practice registered nurse prescriber to document the occurrence of the contact that constitutes a significant exposure and the physician’s, physician assistant’s, or advanced practice nurse prescriber’s registered nurse’s certification that the person has had contact that constitutes a significant exposure, shall be provided on a report form that is developed by the department of safety and professional services under s. 101.02 (19) (a) or on a report form that the department of safety and professional services determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

AB50,2494 Section 2494. 252.15 (5m) (d) 2. of the statutes is amended to read:

AB50,1237,7 252.15 (5m) (d) 2. A physician, physician assistant, or advanced practice registered nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice registered nurse prescriber, determines and certifies in writing that the contact under subd. 1. constitutes a significant exposure. A health care provider who has a contact under subd. 1. c. may not make the certification under this subdivision for himself or herself.

AB50,2495 Section 2495. 252.15 (5m) (e) 2. of the statutes is amended to read:

AB50,1237,12 252.15 (5m) (e) 2. If the contact occurs as provided under par. (d) 1. b., the attending physician, physician assistant, or advanced practice registered nurse prescriber of the funeral director, coroner, medical examiner, or appointed assistant.

AB50,2496 Section 2496. 252.15 (5m) (e) 3. of the statutes is amended to read:

AB50,1237,16 252.15 (5m) (e) 3. If the contact occurs as provided under par. (d) 1. c., the physician, physician assistant, or advanced practice registered nurse prescriber who makes the certification under par. (d) 2.

AB50,2497 Section 2497. 252.15 (7m) (intro.) of the statutes is amended to read:

AB50,1238,3 252.15 (7m) Reporting of persons significantly exposed. (intro.) If a positive, validated HIV test result is obtained from a test subject, the test subject’s physician, physician assistant, or advanced practice registered nurse prescriber who maintains a record of the HIV test result under sub. (4) (c) may report to the state epidemiologist the name of any person known to the physician, physician assistant, or advanced practice registered nurse prescriber to have had contact with body fluid of the test subject that constitutes a significant exposure, only after the physician, physician assistant, or advanced practice registered nurse prescriber has done all of the following:

AB50,2498 Section 2498. 252.15 (7m) (b) of the statutes is amended to read:

AB50,1238,8 252.15 (7m) (b) Notified the HIV test subject that the name of any person known to the physician, physician assistant, or advanced practice registered nurse prescriber to have had contact with body fluid of the test subject that constitutes a significant exposure will be reported to the state epidemiologist.

AB50,2499 Section 2499. 252.16 (3) (c) (intro.) of the statutes is amended to read:

AB50,1238,12 252.16 (3) (c) (intro.) Has submitted to the department a certification from a physician, as defined in s. 448.01 (5), physician assistant, or advanced practice registered nurse prescriber of all of the following:

AB50,2500 Section 2500. 252.17 (3) (c) (intro.) of the statutes is amended to read:

AB50,1238,16 252.17 (3) (c) (intro.) Has submitted to the department a certification from a physician, as defined in s. 448.01 (5), physician assistant, or advanced practice registered nurse prescriber of all of the following:

AB50,2501 Section 2501. 253.07 (1) (a) 3. of the statutes is created to read:

AB50,1238,18 253.07 (1) (a) 3. Pregnancy termination.

AB50,2502 Section 2502. 253.07 (1) (b) 3. of the statutes is created to read:

AB50,1238,20 253.07 (1) (b) 3. Pregnancy termination.

AB50,2503 Section 2503. 253.07 (4) (d) of the statutes is amended to read:

AB50,1239,2 253.07 (4) (d) In each fiscal year, $31,500 as grants for employment in communities of licensed registered nurses, licensed practical nurses, certified nurse-midwives licensed advanced practice registered nurses, or licensed physician assistants who are members of a racial minority.

AB50,2504 Section 2504. 253.07 (5) (b) (intro.) of the statutes is renumbered 253.07 (5) (b) and amended to read:

AB50,1239,8 253.07 (5) (b) Subject to par. (c), a A public entity that receives women’s health funds under this section may provide some or all of the funds to other public or private entities provided that the recipient of the funds does not do any of the following:.

AB50,2505 Section 2505. 253.07 (5) (b) 1. to 3. of the statutes are repealed.

AB50,2506 Section 2506. 253.07 (5) (c) of the statutes is repealed.

AB50,2507 Section 2507. 253.115 (1) (f) of the statutes is created to read:

AB50,1239,14 253.115 (1) (f) “Nurse-midwife” means an individual who is licensed as an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09.

AB50,2508 Section 2508. 253.115 (4) of the statutes is amended to read:

AB50,1239,20 253.115 (4) Screening required. Except as provided in sub. (6), the physician, nurse-midwife licensed under s. 441.15, or certified professional midwife licensed under s. 440.982 who attended the birth shall ensure that the infant is screened for hearing loss before being discharged from a hospital, or within 30 days of birth if the infant was not born in a hospital.

AB50,2509 Section 2509. 253.115 (7) (a) (intro.) of the statutes is amended to read:

AB50,1240,2 253.115 (7) (a) (intro.) The physician, nurse-midwife licensed under s. 441.15, or certified professional midwife licensed under s. 440.982 who is required to ensure that the infant is screened for hearing loss under sub. (4) shall do all of the following:

AB50,2510 Section 2510. 253.13 (1) of the statutes is renumbered 253.13 (1) (b) and amended to read:

AB50,1240,11 253.13 (1) (b) The attending physician or nurse licensed under s. 441.15 nurse-midwife shall cause every infant born in each hospital or maternity home, prior to its discharge therefrom, to be subjected to tests for congenital and metabolic disorders, as specified in rules promulgated by the department. If the infant is born elsewhere than in a hospital or maternity home, the attending physician, nurse licensed under s. 441.15 nurse-midwife, or birth attendant who attended the birth shall cause the infant, within one week of birth, to be subjected to these tests.

AB50,2511 Section 2511. 253.13 (1) (a) of the statutes is created to read:

AB50,1240,15 253.13 (1) (a) In this subsection, “nurse-midwife” means an individual who is licensed as an advanced practice registered nurse and possesses a certified nurse- midwife specialty designation under s. 441.09.

AB50,2512 Section 2512. 253.13 (6) of the statutes is created to read:

AB50,1240,22 253.13 (6) Federal recommendations; evaluation procedure. (a) Initial evaluation. 1. Subject to subd. 2., for any disorder that is added to the federal recommended uniform screening panel approved by the federal department of health and human services after January 1, 2025, and that is not included in the list of disorders under s. DHS 115.04, Wis. Adm. Code, the department shall do all of the following within 18 months after the addition of the disorder:

AB50,1241,2 a. Conduct an initial evaluation to determine whether the disorder should be included in the testing required under this section.

AB50,1241,5 b. If the department determines that the disorder should be included in the testing required under this section, commence rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.

AB50,1241,10 2. This paragraph does not apply to any disorder included in the federal recommended uniform screening panel that will be added to the list of disorders under s. DHS 115.04, Wis. Adm. Code, pending promulgation of a rule for which the department has commenced rule-making procedures as of the effective date of this subdivision .... [LRB inserts date].

AB50,1241,16 (b) Annual review. 1. Subject to subd. 2., the department shall do all of the following on an annual basis for any disorder the department determines in an initial evaluation under par. (a) or a reevaluation under par. (c) should not be included in the testing required under this section and for any disorder that was the subject of rule making under par. (a) 2. or 2025 Wisconsin Act .... (this act), section 9119 (5), that did not result in the promulgation of a rule:

AB50,1241,21 a. Review the medical literature published on the disorder since the initial evaluation or the commencement of rule making under par. (a) 2. or 2025 Wisconsin Act .... (this act), section 9119 (5), to determine whether new information has been identified that would merit a reevaluation of whether testing for the disorder should be included in the testing required under this section.

AB50,1241,23 b. Determine whether the department has the capacity and resources needed to include testing for the disorder in the testing required under this section.

AB50,1242,2 2. This paragraph does not apply to any disorder that is removed from the federal recommended uniform screening panel.

AB50,1242,8 (c) Reevaluation. If the department finds in an annual review under par. (b) that new information has been identified that would merit a reevaluation of whether testing for a disorder should be included in the testing required under this section or that the department has the capacity and resources needed to include testing for the disorder in the testing required under this section, the department shall do all of the following within 18 months of completing the annual review:

AB50,1242,10 1. Conduct a reevaluation to determine whether testing for the disorder should be included in the testing required under this section.

AB50,1242,13 2. If the department determines in the reevaluation that testing for a disorder should be included in the testing required under this section, commence rule making to add the disorder to the list under s. DHS 115.04, Wis. Adm. Code.

AB50,1243,3 (d) Emergency rule making. The department may use the procedure under s. 227.24 to promulgate a rule under this subsection or 2025 Wisconsin Act .... (this act), section 9119 (4) (b). Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. Notwithstanding s. 227.24 (1) (c) and (2), if the department submits in proposed form a permanent rule to the legislative council staff under s. 227.15 (1) within 15 months of the date the statement of scope of the emergency rule promulgated under this paragraph is published in the register under s. 227.135 (3), the emergency rule remains in effect until the date on which the permanent rule takes effect or the date on which the statement of scope expires under s. 227.135 (5), whichever occurs first.

AB50,1243,7 (e) Implementation. The department shall ensure that testing for any disorder added by rule to the list under s. DHS 115.04, Wis. Adm. Code, in accordance with this subsection begins within 6 months after the date of publication, as defined in s. 227.22 (1), of the rule.

AB50,2513 Section 2513. 253.15 (1) (em) of the statutes is created to read:

AB50,1243,11 253.15 (1) (em) “Nurse-midwife” means an individual who is licensed as an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09.

AB50,2514 Section 2514. 253.15 (2) of the statutes is amended to read:

AB50,1244,12 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to child care providers under sub. (4) (d), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board’s Internet site.

AB50,2515 Section 2515. 255.06 (1) (d) of the statutes is renumbered 255.06 (1) (f) (intro.) and amended to read:

AB50,1244,16 255.06 (1) (f) (intro.) “Nurse practitioner” “Women’s health nurse clinician” means a any of the following:

AB50,1244,21 1. A registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k), and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, naturopathic doctor, dentist, or podiatrist, or advanced practice registered nurse.

AB50,2516 Section 2516. 255.06 (1) (f) 2. of the statutes is created to read:

AB50,1244,23 255.06 (1) (f) 2. An advanced practice registered nurse.

AB50,2517 Section 2517. 255.06 (2) (d) of the statutes is amended to read:

AB50,1245,6 255.06 (2) (d) Specialized training for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners women’s health nurse clinicians to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.

AB50,2518 Section 2518. 255.07 (1) (d) of the statutes is amended to read:

AB50,1245,10 255.07 (1) (d) “Health care practitioner” means a physician, a physician assistant, or an advanced practice registered nurse who is certified to may issue prescription orders under s. 441.16 441.09 (2).

AB50,2519 Section 2519. 255.18 of the statutes is created to read:

AB50,1245,13 255.18 Parkinson’s disease registry reporting. (1) Definitions. In this section:

AB50,1245,14 (a) “Health care facility” has the meaning given in s. 155.01 (6).

AB50,1245,16 (b) “Health care provider” means a physician, surgeon, physician assistant, or nurse practitioner.

AB50,1245,17 (c) “Parkinsonism” has the meaning given in s. 36.47 (1) (c)

AB50,1245,18 (d) “Parkinson’s disease” has the meaning given in s. 36.47 (1) (d).

AB50,1245,20 (e) “Parkinson’s disease registry” means the Parkinson’s disease registry established and maintained by the Population Health Institute under s. 36.47 (3).

AB50,1245,23 (f) “Population Health Institute” means the Population Health Institute, or its successor, at the University of Wisconsin-Madison School of Medicine and Public Health.

AB50,1246,7 (2) Reporting required. Beginning on the first day of the 25th month beginning after the effective date of this subsection .... [LRB inserts date], if a health care provider diagnoses a patient with Parkinson’s disease or a parkinsonism in this state or, for a health care provider who has primary responsibility for treating a patient’s Parkinson’s disease or parkinsonism, treats a patient’s Parkinson’s disease or parkinsonism in this state, that health care provider or the health care facility that employs or contracts with the health care provider shall do all of the following:

AB50,1246,8 (a) Offer the patient the opportunity to do all of the following:

AB50,1246,10 1. Review any informational materials developed by the Population Health Institute about the Parkinson’s disease registry.

AB50,1246,12 2. Speak with and ask questions of their health care provider about the Parkinson’s disease registry.

AB50,1246,14 3. Affirmatively decline, in writing, to participate in the collection of data for purposes of the Parkinson’s disease registry.

AB50,1246,17 (b) Except as provided in par. (d), report the information specified in the list under s. 36.47 (3) (d) about the patient’s case to the Population Health Institute in the format prescribed by the Population Health Institute under s. 36.47 (3) (c).

AB50,1246,19 (c) Notify the patient orally and in writing about the reporting requirement under par. (b).

AB50,1246,24 (d) If the patient affirmatively declines in writing to participate in the collection of data for purposes of the Parkinson’s disease registry, report only the incident of the patient’s Parkinson’s disease or parkinsonism to the Population Health Institute in the format prescribed by the Population Health Institute under s. 36.47 (3) (c).

AB50,1247,8 (3) Confidentiality. Any information reported to the Population Health Institute under sub. (2) that could identify an individual who is the subject of the report or a health care provider submitting the report is confidential. Confidential information obtained or reported in compliance with sub. (2) is not available for subpoena and may not be disclosed, discoverable, or compelled to be produced in any civil, criminal, administrative, or other proceeding. Confidential information obtained or reported in compliance with sub. (2) is not admissible as evidence in any civil, criminal, administrative, or other tribunal or court for any reason.