2017 - 2018 LEGISLATURE
February 2, 2018 - Introduced by Senators Darling, Feyen, Bewley, Moulton,
Roth, Testin and Wanggaard, cosponsored by Representatives Nygren,
Pronschinske, Duchow, Snyder, Petryk, Rodriguez, Novak, Kitchens,
Zimmerman, Tusler, VanderMeer, Horlacher, Krug, Rohrkaste, Petersen,
E. Brooks, Edming, Spiros, Ballweg, Tittl, Tranel, Knodl, Born,
Sanfelippo, Skowronski, Jagler, Genrich, Kolste and Billings. Referred to
Joint Committee on Finance.
1An Act to repeal
457.02 (5) and 457.02 (5m); to renumber and amend
and 449.06 (2m); to amend
118.01 (2) (d) 6., 118.01 (2) (d) 7., 440.88 (3) (a) 3
(intro.), 440.88 (3m), 440.88 (7), 441.16 (3) (d), 447.056 (1) (intro.), 448.07 (1) (d), 4
961.385 (2) (cm) 1. (intro.) and 961.385 (2) (cm) 2.; and to create
20.285 (1) (c), 5
36.25 (55), 49.45 (29z), 118.01 (2) (d) 2. d., 440.043, 441.19, 447.02 (2) (k), 6
448.038, 448.13 (1) (a) 3., 448.13 (4), 448.20 (3) (c), 448.40 (2) (ck), 448.40 (2) 7
(cm), 448.665 (1) (b) and 449.06 (2m) (b) of the statutes; relating to: continuing
8education in prescribing controlled substances for certain health care
9practitioners; maintenance and detoxification treatment provided by physician
10assistants and advanced practice nurse prescribers; requiring school boards to
11provide instruction about drug abuse awareness and prevention; graduate
12training of psychiatric nurses; training materials for social services workers
13handling substance abuse-related cases; substance abuse counseling and
1modifying and creating administrative rules related to substance abuse
2counseling; granting rule-making authority; and making appropriations.
Analysis by the Legislative Reference Bureau
This bill requires a physician, physician assistant, advanced practice nurse
prescriber, podiatrist, dentist, or optometrist who is authorized to prescribe
controlled substances, when renewing his or her license issued by the applicable
credentialing board, to submit proof of completion of continuing education
requirements promulgated by rule of the board regarding best practices in
prescribing controlled substances.
Buprenorphine combination products; federal waivers
Under current federal law, the federal Drug Enforcement Administration
(DEA) registers health care practitioners to dispense controlled substances, and
practitioners who dispense narcotic drugs to individuals for addiction treatment
must additionally obtain a separate DEA registration for that purpose. However,
qualifying health care practitioners may, subject to certain requirements and
limitations, obtain a waiver from the requirement to obtain a separate DEA
registration to dispense those drugs for addiction treatment. Health care
practitioners eligible to obtain and practice under such a waiver include qualifying
physicians and, until October 1, 2021, qualifying physician assistants and nurse
practitioners. In order to qualify for a waiver, a nurse practitioner or physician
assistant must be supervised by, or work in collaboration with, a qualifying
physician, if the nurse practitioner or physician assistant is required by state law to
act in collaboration with or under the supervision of a physician.
Under rules promulgated by the state Medical Examining Board, the practice
of a physician assistant must be under the supervision of one or more physicians, and
under rules promulgated by the state Board of Nursing, advanced practice nurse
prescribers must work in a collaborative relationship with a physician.
This bill provides that, with respect to the ability of an advanced practice nurse
prescriber or physician assistant to obtain and practice under a waiver, a physician
who satisfies any of the criteria specified in federal law to be eligible to obtain a
waiver is considered eligible to serve as a qualifying physician for purposes of the
collaboration or supervision requirement under federal law, regardless of whether
the physician himself or herself holds a waiver.
The bill prohibits the Department of Health Services from requiring prior
authorization for or another limitation on prescribing and dispensing of
buprenorphine combination products to a Medical Assistance recipient, who is not
pregnant, by a health care provider who possesses a valid waiver, if the prior
authorization or other limitation is not required under the federal law.
Substance abuse counseling
This bill makes the following changes regarding substance abuse counseling:
1. Allows marriage and family therapists and professional counselors to
represent themselves to the public as substance abuse counselors, clinical
supervisors, or prevention specialists without holding a certification for that purpose
granted by the Department of Safety and Professional Services.
2. Requires DSPS to grant a certification as a substance abuse counselor,
clinical supervisor, or prevention specialist to an individual who holds a similar
unexpired certification granted by another state that has requirements for
certification that are not lower than this state's certification requirements.
3. Requires the secretary of DSPS to appoint an advisory behavioral health
review committee to semiannually review the requirements for obtaining certain
substance abuse counseling certifications; for obtaining credentials granted by the
Marriage and Family Therapy, Professional Counseling, and Social Work Examining
Board; and for obtaining other credentials related to behavioral health. Under the
bill, the advisory committee is required to accept public comments related to its
review and may propose changes in statutes and administrative rules to DSPS.
4. Allows a person certified as a social worker, advanced practice social worker,
or independent social worker, within the scope of his or her credential, to treat
substance use disorder as a specialty. In order to treat substance use disorder as a
specialty, current law requires a person holding one of those certifications to satisfy
additional criteria related to education and amount of supervised practice, and to
complete continuing education every two years, or to obtain a substance abuse
counselor, clinical supervisor, or prevention specialist certification from DSPS.
5. Specifies the contents required in an application for certification as a
substance abuse counselor, clinical substance abuse counselor, intermediate or
independent clinical supervisor, prevention specialist, substance abuse
counselor-in-training, clinical supervisor-in-training, or prevention
6. Adds various actions to the scope of unprofessional conduct for which DSPS
may discipline a substance abuse counselor or other related professional.
7. Specifies the requirements that a person with an expired substance abuse
counselor or other related certification must satisfy to renew or reinstate an expired,
surrendered, or revoked certification.
8. Specifies the contents required in an application to be approved by DSPS to
provide education that satisfies the educational requirements for a substance abuse
counselor or other related certification.
9. Specifies the continuing education requirements that a substance abuse
counselor, clinical substance abuse counselor, prevention specialist, or clinical
supervisor is required to satisfy in order to renew his or her certification.
Drug abuse awareness and prevention instruction
This bill requires each school board to incorporate drug abuse awareness and
prevention in its health instructional program. Current law requires school boards
to provide instruction about the effects of controlled substances and alcohol on the
human system, but a school board may not require a pupil to receive that instruction
if the pupil's parent or guardian files a written objection. Current law also requires
school boards to provide instruction to pupils on the relationship between highway
safety and controlled substances and the relationship between youth suicide and
controlled substances. This bill specifies that the references to controlled substances
in these requirements include prescription drugs included in the Uniform Controlled
Graduate psychiatric nursing education
This bill requires the Board of Regents of the University of Wisconsin System,
in consultation with the chancellor of UW-Madison, to do all of the following with
respect to the graduate program in psychiatric mental health nursing at
UW-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; and 3)
subject to certain student commitments, annually provide fellowships for psychiatric
mental health nursing students to participate in clinical rotations in rural
communities or areas with shortages of mental health professionals in this state.
The bill provides additional funding to the UW System for these purposes.
Training resources for social services workers
This bill provides $50,000 of funding to the Department of Children and
Families to develop and maintain online training resources for social services
workers who deal with substance abuse-related cases.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 2
the following amounts for the purposes indicated:
- See PDF for table
20.285 (1) (c) of the statutes is created to read:
(c) Graduate psychiatric nursing education.
The amounts in the 2
schedule for the purposes specified in s. 36.25 (55) (a).
36.25 (55) of the statutes is created to read:
36.25 (55) Graduate psychiatric nursing education at the University of
(a) In consultation with the chancellor of the University of 6
Wisconsin-Madison, the board shall do all of the following with respect to the 7
graduate program in psychiatric mental health nursing at the University of 8
1. Increase the number of students provided the opportunity to study to be 10
board-eligible psychiatric mental health nurse practitioners.
2. Expand the instructional capacity available to teach psychiatric mental 12
3. Annually provide fellowships for psychiatric mental health nursing students 14
to participate in clinical rotations in rural communities or areas with shortages of 15
mental health professionals in this state. In order to receive a fellowship under this 16
subdivision, a student shall commit to passing applicable board certification and to 17
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 19
the appropriation account under s. 20.285 (1) (c).
49.45 (29z) of the statutes is created to read:
49.45 (29z) Opioid treatment authorization.
The department may not require 22
prior authorization for or other limitation on prescribing and dispensing of 23
buprenorphine combination products to a recipient, who is not pregnant, under the 24
Medical Assistance program under this subchapter by a health care provider who
possesses a valid waiver under 21 USC 823
, if the prior authorization or other 2
limitation is not required by 21 USC 823
118.01 (2) (d) 2. d. of the statutes is created to read:
(d) 2. d. Awareness about drug abuse, including prescription drug 5
abuse, and prevention.
118.01 (2) (d) 6. of the statutes is amended to read:
(d) 6. Knowledge of the prevention of accidents and promotion of 8
safety on the public highways, including instruction on the relationship between 9
highway safety and the use of alcohol and controlled substances
under ch. 961.