AB1038,84 7Section 84 . 323.2913 of the statutes is created to read:
AB1038,51,15 8323.2913 Use of annual leave during probationary period by state
9employee.
Notwithstanding s. 230.35 (1) (b), a state employee may take annual
10leave within the first 6 months of the employee's probationary period upon initial
11appointment during the public health emergency declared on March 12, 2020, by
12executive order 72. If an employee who has taken annual leave under this section
13terminates his or her employment before earning annual leave equivalent to the
14amount of annual leave the employee has taken, the appointing authority shall
15deduct the cost of the unearned annual leave from the employee's final pay.
AB1038,85 16Section 85 . 323.2915 of the statutes is created to read:
AB1038,51,22 17323.2915 State civil service grievance procedures. (1) Notwithstanding
18s. 230.445 (2) and (3), an employee does not waive his or her right to appeal an
19adverse employment decision if the employee does not timely file the complaint or
20appeal during the public health emergency declared on March 12, 2020, by executive
21order 72. The tolling period under s. 230.445 (3) (a) 1. begins 14 days after the
22termination of such public health emergency.
AB1038,52,2 23(2) Notwithstanding s. 230.445 (3) (a) 2., an appointing authority or his or her
24designee is not required to meet with a complainant in person during the public

1health emergency declared on March 12, 2020, by executive order 72, when
2conducting an investigation under s. 230.445 (3) (a) 2.
AB1038,86 3Section 86 . 440.08 (5) of the statutes is created to read:
AB1038,52,64 440.08 (5) Renewal suspension for public health emergency. (a) In this
5subsection, “health care provider credential” means any credential issued under ch.
6441, 447, 448, 450, 455, 460, or 462.
AB1038,52,117 (b) Notwithstanding subs. (1) to (3) and the applicable provisions in chs. 440
8to 480, but subject to any professional discipline imposed on the credential, a health
9care provider credential is not subject to renewal, or any other conditions for renewal
10including continuing education, and remains valid during the period specified in par.
11(c).
AB1038,52,1412 (c) For purposes of par. (b), the period shall be the period beginning on March
1312, 2020, and ending on the 60th day after the end of the period covered by the public
14health emergency declared on March 12, 2020, by executive order 72.
AB1038,52,2015 (d) A renewal that occurs subsequent to the period described in par. (c) is not
16subject to the late renewal fee under sub. (3) (a) if the application to renew the
17credential is received before the next applicable renewal date. Notwithstanding the
18applicable provisions in chs. 440 to 480, the applicable credentialing board may, for
19that next applicable renewal date, provide an exemption from or reduction of
20continuing education or other conditions for renewal.
AB1038,87 21Section 87 . 450.11 (5) (a) of the statutes is amended to read:
AB1038,53,622 450.11 (5) (a) Except as provided in par. pars. (bm) and (br), no prescription may
23be refilled unless the requirements of sub. (1) and, if applicable, sub. (1m) have been
24met and written, oral, or electronic authorization has been given by the prescribing
25practitioner. Unless the prescribing practitioner has specified in the prescription

1order that dispensing a prescribed drug in an initial amount followed by periodic
2refills as specified in the prescription order is medically necessary, a pharmacist may
3exercise his or her professional judgment to dispense varying quantities of the
4prescribed drug per fill up to the total number of dosage units authorized by the
5prescribing practitioner in the prescription order including any refills, subject to par.
6(b).
AB1038,88 7Section 88 . 450.11 (5) (br) of the statutes is created to read:
AB1038,53,138 450.11 (5) (br) 1. In the event a pharmacist receives a request for a prescription
9to be refilled and the prescription cannot be refilled as provided in par. (a), the
10pharmacist may, subject to subd. 2. a. to e., extend the existing prescription order and
11dispense the drug to the patient, if the pharmacist has not received and is not aware
12of written or oral instructions from the prescribing practitioner prohibiting further
13dispensing pursuant to or extension of the prescription order.
AB1038,53,1914 2. a. A prescribing practitioner may indicate, by writing on the face of the
15prescription order or, with respect to a prescription order transmitted electronically,
16by designating in electronic format the phrase “No extensions," or words of similar
17meaning, that no extension of the prescription order may be made under subd. 1. If
18such indication is made, the pharmacist may not extend the prescription order under
19subd. 1.
AB1038,53,2520 b. A pharmacist acting under subd. 1. may not extend a prescription order to
21dispense more than a 30-day supply of the prescribed drug, except that if the drug
22is typically packaged in a form that requires a pharmacist to dispense the drug in a
23quantity greater than a 30-day supply, the pharmacist may extend the prescription
24order as necessary to dispense the drug in the smallest quantity in which it is
25typically packaged.
AB1038,54,2
1c. A pharmacist may not extend a prescription order under subd. 1. for a drug
2that is a controlled substance.
AB1038,54,53 d. A pharmacist may not extend a prescription order under subd. 1. for a
4particular patient if a prescription order was previously extended under subd. 1. for
5that patient during the period described in subd. 3.
AB1038,54,126 e. A pharmacist shall, at the earliest reasonable time after acting under subd.
71., notify the prescribing practitioner or his or her office, but is not required to
8attempt to procure a new prescription order or refill authorization for the drug by
9contacting the prescribing practitioner or his or her office prior to acting under subd.
101. After acting under subd. 1., the pharmacist may notify the patient or other
11individual that any further refills will require the authorization of a prescribing
12practitioner.
AB1038,54,1613 3. This paragraph applies only during the public health emergency declared on
14March 12, 2020, by executive order 72, and for 30 days after the conclusion of that
15public health emergency. During that time, this paragraph supersedes par. (bm) to
16the extent of any conflict.
AB1038,89 17Section 89 . 609.205 of the statutes is created to read:
AB1038,54,19 18609.205 Public health emergency for COVID-19. (1) In this section,
19“COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB1038,54,24 20(2) All of the following apply to a defined network plan or preferred provider
21plan during the state of emergency related to public health declared under s. 323.10
22on March 12, 2020, by executive order 72, or during the public health emergency
23declared under 42 USC 247d by the secretary of the federal department of health and
24human services in response to the COVID-19 pandemic:
AB1038,55,8
1(a) The plan may not require an enrollee to pay, including cost sharing, for a
2service, treatment, or supply provided by a provider that is not a participating
3provider in the plan's network of providers more than the enrollee would pay if the
4service, treatment, or supply is provided by a provider that is a participating
5provider. This subsection applies to any service, treatment, or supply that is related
6to diagnosis or treatment for COVID-19 and to any service, treatment, or supply that
7is provided by a provider that is not a participating provider because a participating
8provider is unavailable due to the public health emergency.
AB1038,55,139 (b) The plan shall reimburse a provider that is not a participating provider for
10a service, treatment, or supply provided under the circumstances described under
11par. (a) at 225 percent of the rate the federal Medicare program reimburses the
12provider for the same or a similar service, treatment, or supply in the same
13geographic area.
AB1038,55,20 14(3) During the state of emergency related to public health declared under s.
15323.10 on March 12, 2020, by executive order 72, or during the public health
16emergency declared under 42 USC 247d by the secretary of the federal department
17of health and human services in response to the COVID-19 pandemic, all of the
18following apply to any health care provider or health care facility that provides a
19service, treatment, or supply to an enrollee of a defined network plan or preferred
20provider plan but is not a participating provider of that plan:
AB1038,55,2421 (a) The health care provider or facility shall accept as payment in full any
22payment by a defined network plan or preferred provider plan that is at least 225
23percent of the rate the federal Medicare program reimburses the provider for the
24same or a similar service, treatment, or supply in the same geographic area.
AB1038,56,3
1(b) The health care provider or facility may not charge the enrollee for the
2service, treatment, or supply an amount that exceeds the amount the provider or
3facility is reimbursed by the defined network plan or preferred provider plan.
AB1038,56,5 4(4) The commissioner may promulgate any rules necessary to implement this
5section.