Date of enactment: April 9, 2018
2017 Assembly Bill 907   Date of publication*: April 10, 2018
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 262
An Act to renumber and amend 440.035 (2m); to amend 118.01 (2) (d) 6., 118.01 (2) (d) 7., 227.01 (13) (zk), 440.88 (3) (a) (intro.), 440.88 (3m), 440.88 (7), 457.02 (5), 457.02 (5m), 961.385 (2) (cm) 1. (intro.) and 961.385 (2) (cm) 2.; and to create 20.285 (1) (c), 36.25 (55), 49.45 (29z), 118.01 (2) (d) 2. d., 440.035 (2m) (a), 440.035 (2m) (c), 440.043, 441.19 and 448.038 of the statutes; relating to: reporting requirements for certain credentialing boards related to opioids; maintenance and detoxification treatment provided by physician assistants and advanced practice nurse prescribers; requiring school boards to provide instruction about drug abuse awareness and prevention; graduate training of psychiatric nurses; training materials for social services workers handling substance abuse-related cases; substance abuse counseling and modifying and creating administrative rules related to substance abuse counseling; and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
262,1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table PDF
262,2 Section 2 . 20.285 (1) (c) of the statutes is created to read:
20.285 (1) (c) Graduate psychiatric nursing education. The amounts in the schedule for the purposes specified in s. 36.25 (55) (a).
262,3 Section 3 . 36.25 (55) of the statutes is created to read:
36.25 (55) Graduate psychiatric nursing education at the University of Wisconsin-Madison. (a) In consultation with the chancellor of the University of Wisconsin-Madison, the board shall do all of the following with respect to the graduate program in psychiatric mental health nursing at the University of Wisconsin-Madison:
1. Increase the number of students provided the opportunity to study to be board-eligible psychiatric mental health nurse practitioners.
2. Expand the instructional capacity available to teach psychiatric mental health nursing.
3. Annually provide fellowships for graduate psychiatric mental health nursing students to participate in clinical rotations in rural communities or areas with shortages of mental health professionals in this state. In order to receive a fellowship under this subdivision, a student shall commit to passing applicable board certification and to practicing in this state for at least 2 years after graduation from the program.
(b) Costs associated with the board's duties under par. (a) shall be funded from the appropriation account under s. 20.285 (1) (c).
262,4 Section 4. 49.45 (29z) of the statutes is created to read:
49.45 (29z) Buprenorphine prior authorization review. The department shall review its prior authorization policy on buprenorphine-containing products provided to Medical Assistance program recipients. On the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], and every 6 months thereafter, the department shall submit to the standing committees of the legislature with jurisdiction over health under s. 13.172 (3) a report describing the department's findings on the prior authorization policy on buprenorphine-containing products and its progress on eliminating prior authorization requirements for buprenorphine-containing products in populations where removal of prior authorization is appropriate. The department is not required to submit the report under this subsection after the date the prior authorization requirement for use of buprenorphine-containing products by Medical Assistance program recipients is eliminated for all appropriate populations.
262,5 Section 5. 118.01 (2) (d) 2. d. of the statutes is created to read:
118.01 (2) (d) 2. d. Awareness about drug abuse, including prescription drug abuse, and prevention.
262,6 Section 6 . 118.01 (2) (d) 6. of the statutes is amended to read:
118.01 (2) (d) 6. Knowledge of the prevention of accidents and promotion of safety on the public highways, including instruction on the relationship between highway safety and the use of alcohol and controlled substances, including prescription drugs, under ch. 961.
262,7 Section 7 . 118.01 (2) (d) 7. of the statutes is amended to read:
118.01 (2) (d) 7. The skills needed to make sound decisions, knowledge of the conditions which may cause and the signs of suicidal tendencies, knowledge of the relationship between youth suicide and the use of alcohol and controlled substances, including prescription drugs, under ch. 961 and knowledge of the available community youth suicide prevention and intervention services. Instruction shall be designed to help prevent suicides by pupils by promoting the positive emotional development of pupils.
262,7d Section 7d. 227.01 (13) (zk) of the statutes is amended to read:
227.01 (13) (zk) Are guidelines issued under s. 440.035 (2m) (b).
262,7h Section 7h. 440.035 (2m) of the statutes is renumbered 440.035 (2m) (b) and amended to read:
440.035 (2m) (b) The medical examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4), for persons credentialed by that board who are authorized to prescribe controlled substances.
262,7p Section 7p. 440.035 (2m) (a) of the statutes is created to read:
440.035 (2m) (a) In this subsection, “controlled substance” has the meaning given in s. 961.01 (4).
262,7t Section 7t. 440.035 (2m) (c) of the statutes is created to read:
440.035 (2m) (c) 1. The medical examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by the first day of the 7th month beginning after the effective date of this subdivision .... [LRB inserts date], and annually thereafter, submit a report to the persons specified in subd. 2. that does all of the following:
a. Details proactive efforts taken by the board to address the issue of opioid abuse. The board shall specify whether the board has required, or otherwise encouraged, continuing education related to prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
b. Sets goals for addressing the issue of opioid abuse, as that issue pertains to or implicates the practices of the professions regulated by the board.
c. Describes the actions taken by the board so that the goals described in subd. 1. b. that were identified in the board's previous reports under this paragraph can be achieved, whether those goals have been achieved, and, if the goals have not been achieved, the reasons therefor.
2. A report under subd. 1. shall be submitted to all of the following:
a. Any committee, task force, or other body or person designated by the governor.
b. To the appropriate standing committees of the legislature with jurisdiction over health issues under s. 13.172 (3).
262,8 Section 8 . 440.043 of the statutes is created to read:
440.043 Behavioral health review committee. (1) The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 440.88 or ch. 457 or for other credentials related to behavioral health.
(2) The advisory committee shall accept comments from the public related to its review under sub. (1). Before conducting a review under sub. (1), the department shall publish a class 1 notice under ch. 985 and shall publish notice on its Internet site announcing the opportunity for public comment.
(3) The advisory committee established under sub. (1) may propose changes in statutes and rules to the department; the marriage and family therapy, professional counseling, and social work examining board; or other appropriate credentialing board.
262,9 Section 9. 440.88 (3) (a) (intro.) of the statutes is amended to read:
440.88 (3) (a) (intro.) Subject to pars. (b) and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under s. HFS 75.02 (11) and (84), Wis. Adm. Code, in effect on December 15, 2006, as defined by the department of health services by rule:
262,10 Section 10. 440.88 (3m) of the statutes is amended to read:
440.88 (3m) Exception. This section does not apply to a physician, as defined in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), or a licensed psychologist, as defined in s. 455.01 (4), a marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
262,11 Section 11. 440.88 (7) of the statutes is amended to read:
440.88 (7) Reciprocal certification. The department may shall, upon application and payment of the required fee, issue certification as a substance abuse counselor, clinical supervisor, or prevention specialist to an individual who holds a similar unexpired certification issued to the individual by another state for which the requirements for certification are of a standard that is not lower than that specified in this subchapter.
262,13 Section 13 . 441.19 of the statutes is created to read:
441.19 Maintenance and detoxification treatment under federal waiver. (1) In this section, “waiver” means a waiver issued by the federal department of health and human services under 21 USC 823 (g) (2) (A).
(2) With respect to the ability of an advanced practice nurse who is certified to issue prescription orders to obtain and practice under a waiver, a physician who meets any of the conditions specified in 21 USC 823 (g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for purposes of the requirement under 21 USC 823 (g) (2) (G) (iv) (III), regardless of whether the physician himself or herself holds a waiver.
262,16 Section 16 . 448.038 of the statutes is created to read:
448.038 Maintenance and detoxification treatment under federal waiver. (1) In this section, “waiver” means a waiver issued by the federal department of health and human services under 21 USC 823 (g) (2) (A).
(2) With respect to the ability of a physician assistant to obtain and practice under a waiver, a physician who meets any of the conditions specified in 21 USC 823 (g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for purposes of the requirement under 21 USC 823 (g) (2) (G) (iv) (III), regardless of whether the physician himself or herself holds a waiver.
262,27m Section 27m. 457.02 (5) of the statutes is amended to read:
457.02 (5) Authorize any individual who is certified or licensed under this chapter s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) to use the title “alcohol and drug counselor" or “chemical dependency counselor" unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department.
262,28m Section 28m. 457.02 (5m) of the statutes is amended to read:
457.02 (5m) Authorize any individual who is certified or licensed under this chapter s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) to treat alcohol or substance dependency or abuse as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88.
262,29m Section 29m. 961.385 (2) (cm) 1. (intro.) of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:
961.385 (2) (cm) 1. (intro.) A practitioner, pharmacist, registered nurse licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b), or an individual authorized under s. 457.02 (5m) to treat licensed under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f) who treats alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:
262,30 Section 30. 961.385 (2) (cm) 2. of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:
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