AB396,17,1823 102.17 (1) (d) 1. The contents of certified medical and surgical reports by
24physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
25advanced practice nurse prescribers registered nurses, and chiropractors licensed in

1and practicing in this state, and of certified reports by experts concerning loss of
2earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
3constitute prima facie evidence as to the matter contained in those reports, subject
4to any rules and limitations the division prescribes. Certified reports of physicians,
5podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
6practice nurse prescribers registered nurses, and chiropractors, wherever licensed
7and practicing, who have examined or treated the claimant, and of experts, if the
8practitioner or expert consents to being subjected to cross-examination, also
9constitute prima facie evidence as to the matter contained in those reports. Certified
10reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
11admissible as evidence of the diagnosis, necessity of the treatment, and cause and
12extent of the disability. Certified reports by doctors of dentistry, physician
13assistants, and advanced practice nurse prescribers registered nurses are
14admissible as evidence of the diagnosis and necessity of treatment but not of the
15cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
16psychologist, chiropractor, physician assistant, advanced practice registered nurse
17prescriber, or expert who knowingly makes a false statement of fact or opinion in a
18certified report may be fined or imprisoned, or both, under s. 943.395.
AB396,18,219 2. The record of a hospital or sanatorium in this state that is satisfactory to the
20division, established by certificate, affidavit, or testimony of the supervising officer
21of the hospital or sanatorium, any other person having charge of the record, or a
22physician, podiatrist, surgeon, dentist, psychologist, physician assistant, advanced
23practice registered nurse prescriber, or chiropractor to be the record of the patient
24in question, and made in the regular course of examination or treatment of the

1patient, constitutes prima facie evidence as to the matter contained in the record, to
2the extent that the record is otherwise competent and relevant.
AB396,32 3Section 32 . 102.29 (3) of the statutes is amended to read:
AB396,18,84 102.29 (3) Nothing in this chapter shall prevent an employee from taking the
5compensation that the employee may be entitled to under this chapter and also
6maintaining a civil action against any physician, chiropractor, psychologist, dentist,
7physician assistant, advanced practice registered nurse prescriber, or podiatrist for
8malpractice.
AB396,33 9Section 33 . 102.42 (2) (a) of the statutes is amended to read:
AB396,18,2210 102.42 (2) (a) When the employer has notice of an injury and its relationship
11to the employment, the employer shall offer to the injured employee his or her choice
12of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
13practice registered nurse prescriber, or podiatrist licensed to practice and practicing
14in this state for treatment of the injury. By mutual agreement, the employee may
15have the choice of any qualified practitioner not licensed in this state. In case of
16emergency, the employer may arrange for treatment without tendering a choice.
17After the emergency has passed the employee shall be given his or her choice of
18attending practitioner at the earliest opportunity. The employee has the right to a
192nd choice of attending practitioner on notice to the employer or its insurance carrier.
20Any further choice shall be by mutual agreement. Partners and clinics are
21considered to be one practitioner. Treatment by a practitioner on referral from
22another practitioner is considered to be treatment by one practitioner.
AB396,34 23Section 34. 106.30 (1) of the statutes is amended to read:
AB396,19,324 106.30 (1) Definition. In this section, “nurse" means a registered nurse
25licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse

1licensed or permitted under s. 441.10, or an advanced practice registered nurse
2prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s. 441.15
3441.09.
AB396,35 4Section 35 . 118.15 (3) (a) of the statutes is amended to read:
AB396,19,155 118.15 (3) (a) Any child who is excused by the school board because the child
6is temporarily not in proper physical or mental condition to attend a school program
7but who can be expected to return to a school program upon termination or
8abatement of the illness or condition. The school attendance officer may request the
9parent or guardian of the child to obtain a written statement from a licensed
10physician, dentist, chiropractor, optometrist, psychologist, physician assistant, or
11nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice
12registered nurse prescriber or Christian Science practitioner living and residing in
13this state, who is listed in the Christian Science Journal, as sufficient proof of the
14physical or mental condition of the child. An excuse under this paragraph shall be
15in writing and shall state the time period for which it is valid, not to exceed 30 days.
AB396,36 16Section 36 . 118.25 (1) (a) of the statutes is amended to read:
AB396,19,2017 118.25 (1) (a) “Practitioner" means a person licensed as a physician or as a
18physician assistant in any state or licensed as an advanced practice registered nurse
19or certified as an advanced practice registered nurse prescriber in any state. In this
20paragraph, “physician” has the meaning given in s. 448.01 (5).
AB396,37 21Section 37 . 118.29 (1) (e) of the statutes is amended to read:
AB396,19,2422 118.29 (1) (e) “Practitioner" means any physician, dentist, optometrist,
23physician assistant, advanced practice registered nurse prescriber with prescribing
24authority
, or podiatrist licensed in any state.
AB396,38 25Section 38. 118.2925 (1) (b) of the statutes is repealed.
AB396,39
1Section 39. 118.2925 (3) of the statutes is amended to read:
AB396,20,62 118.2925 (3) Prescriptions for schools. A physician, an advanced practice
3registered nurse prescriber who may issue prescription orders under s. 441.09 (2),
4or a physician assistant may prescribe epinephrine auto-injectors in the name of a
5school that has adopted a plan under sub. (2) (a), to be maintained by the school for
6use under sub. (4).
AB396,40 7Section 40 . 118.2925 (4) (c) of the statutes is amended to read:
AB396,20,208 118.2925 (4) (c) Administer an epinephrine auto-injector to a pupil or other
9person who the school nurse or designated school personnel in good faith believes is
10experiencing anaphylaxis in accordance with a standing protocol from a physician,
11an advanced practice registered nurse prescriber who may issue prescription orders
12under s. 441.09 (2)
, or a physician assistant, regardless of whether the pupil or other
13person has a prescription for an epinephrine auto-injector. If the pupil or other
14person does not have a prescription for an epinephrine auto-injector, or the person
15who administers the epinephrine auto-injector does not know whether the pupil or
16other person has a prescription for an epinephrine auto-injector, the person who
17administers the epinephrine auto-injector shall, as soon as practicable, report the
18administration by dialing the telephone number “911" or, in an area in which the
19telephone number “911" is not available, the telephone number for an emergency
20medical service provider.
AB396,41 21Section 41 . 118.2925 (5) of the statutes is amended to read:
AB396,21,822 118.2925 (5) Immunity from civil liability; exemption from practice of
23medicine.
A school and its designated school personnel, and a physician, an advanced
24practice registered nurse prescriber who may issue prescription orders under s.
25441.09 (2)
, or a physician assistant who provides a prescription or standing protocol

1for school epinephrine auto-injectors, are not liable for any injury that results from
2the administration or self-administration of an epinephrine auto-injector under
3this section, regardless of whether authorization was given by the pupil's parent or
4guardian or by the pupil's physician, physician assistant, or advanced practice
5registered nurse prescriber, unless the injury is the result of an act or omission that
6constitutes gross negligence or willful or wanton misconduct. The immunity from
7liability provided under this subsection is in addition to and not in lieu of that
8provided under s. 895.48.
AB396,42 9Section 42 . 146.343 (1) (c) of the statutes is amended to read:
AB396,21,1310 146.343 (1) (c) “Nurse-midwife" means an individual who is licensed to engage
11in the practice of nurse-midwifery under s. 441.15 (3) (a)
as an advanced practice
12registered nurse and possesses a certified nurse-midwife specialty designation
13under s. 441.09
.
AB396,43 14Section 43 . 146.82 (3) (a) of the statutes is amended to read:
AB396,21,2215 146.82 (3) (a) Notwithstanding sub. (1), a physician, physician assistant, as
16defined in s. 448.01 (6), or advanced practice registered nurse prescriber certified
17under s. 441.16 (2) licensed under s. 441.09 who treats a patient whose physical or
18mental condition in the physician's, physician assistant's, or advanced practice nurse
19prescriber's
registered nurse's judgment affects the patient's ability to exercise
20reasonable and ordinary control over a motor vehicle may report the patient's name
21and other information relevant to the condition to the department of transportation
22without the informed consent of the patient.
AB396,44 23Section 44 . 146.82 (3) (a) of the statutes, as affected by 2021 Wisconsin Acts
2423
and .... (this act), is repealed and recreated to read:
AB396,22,7
1146.82 (3) (a) Notwithstanding sub. (1), a physician, a physician assistant, or
2an advanced practice registered nurse licensed under s. 441.09 who treats a patient
3whose physical or mental condition in the physician's, physician assistant's, or
4advanced practice registered nurse's judgment affects the patient's ability to exercise
5reasonable and ordinary control over a motor vehicle may report the patient's name
6and other information relevant to the condition to the department of transportation
7without the informed consent of the patient.
AB396,45 8Section 45 . 146.89 (1) (r) 1. of the statutes is amended to read:
AB396,22,149 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental
10hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife
11advanced practice registered nurse under ch. 441, an optometrist under ch. 449, a
12physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under
13ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch.
14III of ch. 448.