SB249,13,128
2. Any physician, chiropractor, psychologist, dentist, physician assistant,
9advanced practice
registered nurse
prescriber, or podiatrist who attended a worker's
10compensation claimant for any condition or complaint reasonably related to the
11condition for which the claimant claims compensation may be required to testify
12before the division when the division so directs.
SB249,13,1913
3. Notwithstanding any statutory provisions except par. (e), any physician,
14chiropractor, psychologist, dentist, physician assistant, advanced practice
registered 15nurse
prescriber, or podiatrist attending a worker's compensation claimant for any
16condition or complaint reasonably related to the condition for which the claimant
17claims compensation may furnish to the employee, employer, worker's compensation
18insurer, department, or division information and reports relative to a compensation
19claim.
SB249,13,2420
4. The testimony of any physician, chiropractor, psychologist, dentist,
21physician assistant, advanced practice
registered nurse
prescriber, or podiatrist who
22is licensed to practice where he or she resides or practices in any state and the
23testimony of any vocational expert may be received in evidence in compensation
24proceedings.
SB249,26
25Section
26. 102.13 (2) (a) of the statutes is amended to read:
SB249,14,11
1102.13
(2) (a) An employee who reports an injury alleged to be work-related
2or files an application for hearing waives any physician-patient,
3psychologist-patient, or chiropractor-patient privilege with respect to any condition
4or complaint reasonably related to the condition for which the employee claims
5compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
6physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
7advanced practice
registered nurse
prescriber, hospital, or health care provider
8shall, within a reasonable time after written request by the employee, employer,
9worker's compensation insurer, department, or division, or its representative,
10provide that person with any information or written material reasonably related to
11any injury for which the employee claims compensation.
SB249,27
12Section 27
. 102.13 (2) (b) of the statutes is amended to read:
SB249,14,2313
102.13
(2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
14physician assistant, advanced practice
registered nurse
prescriber, hospital, or
15health service provider shall furnish a legible, certified duplicate of the written
16material requested under par. (a) in paper format upon payment of the actual costs
17of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
18$7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
19duplicate of that material in electronic format upon payment of $26 per request. Any
20person who refuses to provide certified duplicates of written material in the person's
21custody that is requested under par. (a) shall be liable for reasonable and necessary
22costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
23enforcing the requester's right to the duplicates under par. (a).
SB249,28
24Section 28
. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
SB249,15,21
1102.17
(1) (d) 1. The contents of certified medical and surgical reports by
2physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
3advanced practice
nurse prescribers registered nurses, and chiropractors licensed in
4and practicing in this state, and of certified reports by experts concerning loss of
5earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
6constitute prima facie evidence as to the matter contained in those reports, subject
7to any rules and limitations the division prescribes. Certified reports of physicians,
8podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
9practice
nurse prescribers registered nurses, and chiropractors, wherever licensed
10and practicing, who have examined or treated the claimant, and of experts, if the
11practitioner or expert consents to being subjected to cross-examination, also
12constitute prima facie evidence as to the matter contained in those reports. Certified
13reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
14admissible as evidence of the diagnosis, necessity of the treatment, and cause and
15extent of the disability. Certified reports by doctors of dentistry, physician
16assistants, and advanced practice
nurse prescribers
registered nurses are
17admissible as evidence of the diagnosis and necessity of treatment but not of the
18cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
19psychologist, chiropractor, physician assistant, advanced practice
registered nurse
20prescriber, or expert who knowingly makes a false statement of fact or opinion in a
21certified report may be fined or imprisoned, or both, under s. 943.395.
SB249,16,422
2. The record of a hospital or sanatorium in this state that is satisfactory to the
23division, established by certificate, affidavit, or testimony of the supervising officer
24of the hospital or sanatorium, any other person having charge of the record, or a
25physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
1practice
registered nurse
prescriber, or chiropractor to be the record of the patient
2in question, and made in the regular course of examination or treatment of the
3patient, constitutes prima facie evidence as to the matter contained in the record, to
4the extent that the record is otherwise competent and relevant.
SB249,29
5Section 29
. 102.29 (3) of the statutes is amended to read:
SB249,16,106
102.29
(3) Nothing in this chapter shall prevent an employee from taking the
7compensation that the employee may be entitled to under this chapter and also
8maintaining a civil action against any physician, chiropractor, psychologist, dentist,
9physician assistant, advanced practice
registered nurse
prescriber, or podiatrist for
10malpractice.
SB249,30
11Section 30
. 102.42 (2) (a) of the statutes is amended to read:
SB249,16,2412
102.42
(2) (a) When the employer has notice of an injury and its relationship
13to the employment, the employer shall offer to the injured employee his or her choice
14of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
15practice
registered nurse
prescriber, or podiatrist licensed to practice and practicing
16in this state for treatment of the injury. By mutual agreement, the employee may
17have the choice of any qualified practitioner not licensed in this state. In case of
18emergency, the employer may arrange for treatment without tendering a choice.
19After the emergency has passed the employee shall be given his or her choice of
20attending practitioner at the earliest opportunity. The employee has the right to a
212nd choice of attending practitioner on notice to the employer or its insurance carrier.
22Any further choice shall be by mutual agreement. Partners and clinics are
23considered to be one practitioner. Treatment by a practitioner on referral from
24another practitioner is considered to be treatment by one practitioner.
SB249,31
25Section
31. 106.30 (1) of the statutes is amended to read:
SB249,17,5
1106.30
(1) Definition. In this section, “nurse" means a registered nurse
2licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse
3licensed or permitted under s. 441.10,
or an advanced practice
registered nurse
4prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s.
441.15 5441.09.
SB249,32
6Section 32
. 118.15 (3) (a) of the statutes is amended to read:
SB249,17,177
118.15
(3) (a) Any child who is excused by the school board because the child
8is temporarily not in proper physical or mental condition to attend a school program
9but who can be expected to return to a school program upon termination or
10abatement of the illness or condition. The school attendance officer may request the
11parent or guardian of the child to obtain a written statement from a licensed
12physician, dentist, chiropractor, optometrist, psychologist, physician assistant, or
13nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice
14registered nurse
prescriber or Christian Science practitioner living and residing in
15this state, who is listed in the Christian Science Journal, as sufficient proof of the
16physical or mental condition of the child. An excuse under this paragraph shall be
17in writing and shall state the time period for which it is valid, not to exceed 30 days.
SB249,33
18Section 33
. 118.25 (1) (a) of the statutes is amended to read:
SB249,17,2219
118.25
(1) (a) “Practitioner" means a person licensed as a physician or as a
20physician assistant in any state or licensed
as an advanced practice registered nurse 21or certified as an advanced practice
registered nurse prescriber in any state. In this
22paragraph, “physician” has the meaning given in s. 448.01 (5).
SB249,34
23Section 34
. 118.29 (1) (e) of the statutes is amended to read:
SB249,18,3
1118.29
(1) (e) “Practitioner" means any physician, dentist, optometrist,
2physician assistant, advanced practice
registered nurse
prescriber with prescribing
3authority, or podiatrist licensed in any state.
SB249,35
4Section
35. 118.2925 (1) (b) of the statutes is repealed.
SB249,36
5Section 36
. 118.2925 (3) of the statutes is amended to read:
SB249,18,106
118.2925
(3) Prescriptions for schools. A physician, an advanced practice
7registered nurse
prescriber
who holds a permit to issue prescription orders under s.
8441.09 (2), or a physician assistant may prescribe epinephrine auto-injectors in the
9name of a school that has adopted a plan under sub. (2) (a), to be maintained by the
10school for use under sub. (4).
SB249,37
11Section 37
. 118.2925 (4) (c) of the statutes is amended to read:
SB249,18,2412
118.2925
(4) (c) Administer an epinephrine auto-injector to a pupil or other
13person who the school nurse or designated school personnel in good faith believes is
14experiencing anaphylaxis in accordance with a standing protocol from a physician,
15an advanced practice
registered nurse
prescriber who holds a permit to issue
16prescription orders under s. 441.09 (2), or a physician assistant, regardless of
17whether the pupil or other person has a prescription for an epinephrine
18auto-injector. If the pupil or other person does not have a prescription for an
19epinephrine auto-injector, or the person who administers the epinephrine
20auto-injector does not know whether the pupil or other person has a prescription for
21an epinephrine auto-injector, the person who administers the epinephrine
22auto-injector shall, as soon as practicable, report the administration by dialing the
23telephone number “911" or, in an area in which the telephone number “911" is not
24available, the telephone number for an emergency medical service provider.
SB249,38
25Section 38
. 118.2925 (5) of the statutes is amended to read:
SB249,19,12
1118.2925
(5) Immunity from civil liability; exemption from practice of
2medicine. A school and its designated school personnel, and a physician,
an advanced
3practice
registered nurse
prescriber who holds a permit to issue prescription orders
4under s. 441.09 (2), or
a physician assistant who provides a prescription or standing
5protocol for school epinephrine auto-injectors, are not liable for any injury that
6results from the administration or self-administration of an epinephrine
7auto-injector under this section, regardless of whether authorization was given by
8the pupil's parent or guardian or by the pupil's physician, physician assistant, or
9advanced practice
registered nurse
prescriber, unless the injury is the result of an
10act or omission that constitutes gross negligence or willful or wanton misconduct.
11The immunity from liability provided under this subsection is in addition to and not
12in lieu of that provided under s. 895.48.