Chapter 448

448.9727 448.9727 Prescriptions for and delivery of opioid antagonists.

448.9727(1) (1) In this section:

448.9727(1)(a) (a) “Administer” has the meaning given in s. 450.01 (1).

448.9727(1)(b) (b) “Deliver” has the meaning given in s. 450.01 (5).

448.9727(1)(c) (c) “Dispense” has the meaning given in s. 450.01 (7).

448.9727(1)(d) (d) “Opioid antagonist” has the meaning given in s. 450.01 (13v).

448.9727(1)(e) (e) “Opioid-related drug overdose” has the meaning given in s. 256.40 (1) (d).

448.9727(1)(f) (f) “Standing order” has the meaning given in s. 450.01 (21p).

448.9727(2) (2) 

448.9727(2)(a) (a) A physician assistant may do any of the following:

448.9727(2)(a)1. 1. Prescribe an opioid antagonist to a person in a position to assist an individual at risk of undergoing an opioid-related drug overdose and may deliver the opioid antagonist to that person. A prescription order under this subdivision need not specify the name and address of the individual to whom the opioid antagonist will be administered, but shall instead specify the name of the person to whom the opioid antagonist is prescribed.

448.9727(2)(a)2. 2. Issue a standing order to one or more persons authorizing the dispensing of an opioid antagonist.

448.9727(2)(b) (b) A physician assistant who prescribes or delivers an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid antagonist is prescribed has or has the capacity to provide the knowledge and training necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related overdose and that the person demonstrates the capacity to ensure that any individual to whom the person further delivers the opioid antagonist has or receives that knowledge and training.

448.9727(3) (3) A physician assistant who, acting in good faith, prescribes or delivers an opioid antagonist in accordance with sub. (2) or who, acting in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 448.978 for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.

448.9727 History History: 2021 a. 23.

448.973 448.973 Powers and duties of board.

448.973(1) (1) 

448.973(1)(a) (a) The board shall promulgate rules implementing s. 448.9785.

448.973(1)(b) (b) The board shall promulgate rules establishing continuing education requirements for physician assistants.

448.973(1)(c) (c) The board may promulgate other rules to carry out the purposes of this subchapter, including any of the following:

448.973(1)(c)1. 1. Rules defining what constitutes unprofessional conduct for physician assistants for purposes of s. 448.978 (2) (d).

448.973(1)(c)2. 2. Rules under s. 448.977 (2).

448.973(2) (2) The board shall include in the register the board maintains under s. 440.035 (1m) (d) the name of each person whose license or compact privilege issued under this subchapter was suspended or revoked within the past 2 years. The register shall be available for purchase at cost.

448.973 History History: 2021 a. 23; 2023 a. 81.

448.974 448.974 License; compact privilege; renewal.

448.974(1) (1) 

448.974(1)(a) (a) Except as provided in par. (b), the board shall grant an initial license to practice as a physician assistant to any applicant who is found qualified by three-fourths of the members of the board and satisfies all of the following requirements, as determined by the board:

448.974(1)(a)1. 1. The applicant submits an application on a form provided by the department and pays the initial credential fee determined by the department under s. 440.03 (9) (a).

448.974(1)(a)2. 2. The applicant is at least 18 years of age.

448.974(1)(a)3. 3. The applicant provides evidence of one of the following:

448.974(1)(a)3.a. a. That the applicant has successfully completed an educational program for physician assistants or physician associates that is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor or, prior to 2001, by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs.

448.974(1)(a)3.b. b. If the applicant does not satisfy subd. 3. a., that the applicant, prior to January 1, 1986, successfully passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants.

448.974(1)(a)4. 4. The applicant passes the National Commission on Certification of Physician Assistants examination or an equivalent national examination adopted by the board.

448.974(1)(a)5. 5. The applicant provides a listing with all employers, practice settings, internships, residencies, fellowships, and other employment for the past 7 years.

448.974(1)(a)6. 6. Subject to ss. 111.321, 111.322, and 111.335, the applicant does not have an arrest or conviction record.

448.974(1)(b) (b) Paragraph (a) 3. does not apply to an applicant if the applicant provides evidence that he or she is licensed as a physician assistant or physician associate in another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States and the board determines that the requirements for obtaining the license in that state or territory are substantially equivalent to the requirements under par. (a).

448.974(1m) (1m) The board shall grant a compact privilege to any applicant who satisfies all of the following:

448.974(1m)(a) (a) The applicant holds a qualifying license, as defined in s. 448.988 (2) (r), in another state that is a party to the compact and satisfies all other requirements under s. 448.988 (4).

448.974(1m)(b) (b) The individual applies for the compact privilege in the manner prescribed by the department.

448.974(1m)(c) (c) The individual pays any fee established by the department under s. 448.9885 (2).

448.974(2) (2) 

448.974(2)(am) (am)

448.974(2)(am)1. 1. The renewal date for a license issued under this subchapter is specified under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). Renewal of a license is subject to subd. 2.

448.974(2)(am)2. 2. An applicant for the renewal of a license under this subchapter shall submit with his or her application for renewal proof of having satisfied the continuing education requirements imposed by the board under s. 448.973 (1) (b). This subdivision does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.

448.974(2)(bm) (bm) Renewal of a compact privilege shall be governed by s. 448.988 (4) (b), except that the board may impose requirements for prescribing controlled substances in accordance with s. 448.988 (4) (d).

448.974(3) (3) Notwithstanding sub. (1), an individual who, on April 1, 2022, was licensed by the medical examining board as a physician assistant under subch. II of ch. 448, 2019 stats., shall be considered to have been licensed under sub. (1) for purposes of this subchapter.

448.974 History History: 2021 a. 23; 2023 a. 81.

448.975 448.975 Practice and employment.

448.975(1) (1) 

448.975(1)(a) (a) Subject to the limitations and requirements under sub. (2); the physician assistant’s experience, education, and training; and any rules promulgated under sub. (5), a physician assistant may do any of the following:

448.975(1)(a)1. 1. Examine into the fact, condition, or cause of human health or disease, or treat, operate, prescribe, or advise for the same, by any means or instrumentality.

448.975(1)(a)2. 2. Apply principles or techniques of medical sciences in the diagnosis or prevention of any of the conditions described in subd. 1. and in s. 448.971 (2).

448.975(1)(a)3. 3. Penetrate, pierce, or sever the tissues of a human being.

448.975(1)(a)4. 4. Offer, undertake, attempt, or hold himself or herself out in any manner as able to do any of the acts described in this paragraph.

448.975(1)(b) (b)

448.975(1)(b)1. 1. Subject to subd. 2. and any rules promulgated by the board and consistent with his or her experience, education, and training, a physician assistant may order, prescribe, procure, dispense, and administer prescription drugs, medical devices, services, and supplies.

448.975(1)(b)2. 2. A physician assistant practicing under the supervision and direction of a podiatrist under sub. (2) (a) 2m. may issue a prescription order for a drug or device in accordance with guidelines established by the supervising podiatrist and the physician assistant and with rules promulgated by the board. If any conflict exists between the guidelines and the rules, the rules shall control.

448.975(1)(c) (c) A physician assistant may practice in ambulatory care, acute care, long-term care, home care, or other settings as a primary, specialty, or surgical care provider who may serve as a patient’s primary care provider or specialty care provider.

448.975(2) (2) 

448.975(2)(a) (a)

448.975(2)(a)1. 1. Except as provided in subds. 2m. and 3. and sub. (5) (a) 1. a. or b., a physician assistant who provides care to patients shall maintain and provide to the board upon request one of the following:

448.975(2)(a)1.a. a. Evidence that, pursuant to the physician assistant’s employment, there is a physician who is primarily responsible for the overall direction and management of the physician assistant’s professional activities and for assuring that the services provided by the physician assistant are medically appropriate. In this subd. 1. a., “employment” includes an arrangement between the physician assistant and a 3rd party in which the 3rd party receives payment for services provided by the physician assistant.

448.975(2)(a)1.b. b. A written collaborative agreement with a physician that, subject to subd. 1m., describes the physician assistant’s individual scope of practice, that includes a protocol for identifying an alternative collaborating physician for situations in which the collaborating physician or the physician’s designee is not available for consultation, and that includes other information as required by the board.

448.975(2)(a)1m. 1m. All of the following apply to a written collaborative agreement between a physician and physician assistant under subd. 1. b.:

448.975(2)(a)1m.a. a. The agreement may be terminated by either party by providing written notice at least 30 days prior to the date of termination, or as otherwise agreed to by the physician and physician assistant.

448.975(2)(a)1m.b. b. The agreement shall specify that the collaborating physician shall remain reasonably available to the physician assistant through the use of telecommunications or other electronic means within a medically appropriate time frame and that the collaborating physician may designate an alternate collaborator during periods of unavailability.

448.975(2)(a)1m.c. c. The agreement shall specify an arrangement for physician consultation with the patient within a medically appropriate time frame for consultation, if requested by the patient or the physician assistant.

448.975(2)(a)1m.d. d. The agreement shall be signed by the physician assistant and the collaborating physician.

448.975(2)(a)2. 2. Subdivision 1. does not require the physical presence of a physician at the time and place a physician assistant renders a service.

448.975(2)(a)2m. 2m. A physician assistant may practice under the supervision and direction of a podiatrist. A physician assistant who is practicing under the supervision and direction of a podiatrist shall be limited to providing nonsurgical patient services. Subdivision 1. does not apply to a physician assistant who is practicing under the supervision and direction of a podiatrist.

448.975(2)(a)3. 3. Subdivision 1. does not apply with respect to a physician assistant who is employed by the federal government as a civilian or member of the uniformed services while performing duties incident to that employment or service.

448.975(2)(b) (b) A physician assistant shall limit his or her practice to the scope of his or her experience, education, and training.

448.975(2)(c) (c) No physician assistant may provide medical care, except routine screening and emergency care, in any of the following:

448.975(2)(c)1. 1. The practice of dentistry, dental therapy, or dental hygiene within the meaning of ch. 447.

448.975(2)(c)2. 2. The practice of optometry within the meaning of ch. 449.

448.975(2)(c)3. 3. The practice of chiropractic within the meaning of ch. 446.

448.975(2)(c)4. 4. The practice of acupuncture within the meaning of ch. 451.

448.975(2)(c)5. 5. The practice of podiatry, except when the physician assistant is acting under the supervision and direction of a podiatrist, subject to par. (a) 2m. and the rules promulgated under s. 448.695 (4).

448.975(3) (3) 

448.975(3)(a) (a) It shall be the obligation of a physician assistant to ensure all of the following:

448.975(3)(a)1. 1. That the scope of the practice of the physician assistant is identified and is appropriate with respect to his or her experience, education, and training.

448.975(3)(a)2. 2. For purposes of sub. (2) (a) 1. b., that the relationship with and access to a collaborating physician by the physician assistant is defined.

448.975(3)(a)3. 3. That the requirements and standards of licensure under this subchapter are complied with.

448.975(3)(a)4. 4. That consultation with or referral to other licensed health care providers with a scope of practice appropriate for a patient’s care needs occurs when the patient’s care needs exceed the physician assistant’s experience, education, or training. A physician assistant shall ensure that he or she has awareness of options for the management of situations that are beyond the physician assistant’s expertise.

448.975(3)(b) (b) A physician assistant is individually and independently responsible for the quality of the care he or she renders.

448.975(4) (4) A physician assistant may delegate a care task or order to another clinically trained health care worker if the physician assistant is competent to perform the delegated task or order and has reasonable evidence that the clinically trained health care worker is minimally competent to perform the task or issue the order under the circumstances.

448.975(5) (5) 

448.975(5)(a) (a)

448.975(5)(a)1. 1. The board shall, subject to subd. 2. and s. 448.695 (4), promulgate any rules necessary to implement this section, including rules to do any of the following: