AB575: Bill Text

AB575,26,21 1. The practice of dentistry or dental hygiene within the meaning of ch. 447.

AB575,26,22 2. The practice of optometry within the meaning of ch. 449.

AB575,26,23 3. The practice of chiropractic within the meaning of ch. 446.

AB575,26,24 4. The practice of acupuncture within the meaning of ch. 451.

AB575,27,2 (3) (a) It shall be the obligation of a physician assistant to ensure all of the following:

AB575,27,4 1. That the scope of the practice of a physician assistant is identified and is appropriate with respect to his or her experience, education, and training.

AB575,27,6 2. For purposes of sub. (2) (a) 1. b. and c., that the relationship with and access to a collaborating physician or podiatrist by the physician assistant is defined.

AB575,27,8 3. That the requirements and standards of licensure under this chapter are complied with.

AB575,27,13 4. That consultation with and referral to other licensed health care providers with a scope of practice appropriate for a patient's care needs occurs when the patient's care needs exceed the physician assistant's experience, education, or training. A physician assistant shall ensure that he or she has awareness of options for the management of situations that are beyond the physician assistant's expertise.

AB575,27,15 (b) A physician assistant is individually and independently responsible for the quality of the care he or she renders.

AB575,27,20 (4) A physician assistant may delegate a care task or order to another clinically trained health care worker if the physician assistant is competent to perform the delegated task or order and has reasonable evidence that the clinically trained health care worker is minimally competent to perform the task or issue the order under the circumstances.

AB575,27,22 (5) The board shall promulgate any rules necessary to implement this section, including rules to do any of the following:

AB575,27,25 (a) Allow for temporary practice, specifically defined and actively monitored by the board, in the event of an interruption of a collaborative relationship under sub. (2) (a) 1. b. or c.

AB575,28,4 (b) Allow a physician assistant, in the absence of an employment or collaborative relationship under sub. (2) (a) 1., to provide medical care at the scene of an emergency, during a declared state of emergency or other disaster, or when volunteering at sporting events or at camps.

AB575,28,10 (6) The practice permissions provided in this section are permissions granted by the state authorizing the licensed practice of physician assistants. Nothing in this section prohibits an employer, hospital, health plan, or other similar entity employing or with a relationship with a licensed physician assistant from establishing additional requirements for a licensed physician assistant as a condition of employment or relationship.

AB575,28,12 461.11 Civil liability. No physician assistant shall be liable for any civil damages for either of the following:

AB575,28,16 (1) Reporting in good faith to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the physician assistant's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

AB575,28,20 (2) In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the physician assistant's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

AB575,28,24 461.12 Malpractice liability insurance. (1) Except as provided in subs. (2) and (3), no physician assistant may practice as authorized under s. 461.10 unless he or she has in effect malpractice liability insurance coverage evidenced by one of the following:

AB575,29,2 (a) Personal liability coverage in the amounts specified for health care providers under s. 655.23 (4).

AB575,29,4 (b) Coverage under a group liability policy providing individual coverage for the physician assistant in the amounts under s. 655.23 (4).

AB575,29,10 (2) The board may promulgate rules requiring a practicing physician assistant to have in effect malpractice liability insurance coverage in amounts greater than those specified in sub. (1) (a) or (b) or (4). If the board promulgates rules under this subsection, no physician assistant may practice as authorized under s. 461.10 unless he or she has in effect malpractice liability insurance coverage as required under those rules, except as provided in sub. (3).

AB575,29,14 (3) A physician assistant who is a state, county, or municipal employee, or federal employee or contractor covered under the federal tort claims act, as amended, and who is acting within the scope of his or her employment or contractual duties is not required to maintain in effect malpractice insurance coverage.

AB575,29,18 (4) Except as provided in subs. (2) and (3), a physician assistant may comply with sub. (1) if the physician assistant's employer has in effect malpractice liability insurance that is at least the minimum amount specified under s. 655.23 (4) and that provides coverage for claims against the physician assistant.

AB575,29,21 461.30 Professional discipline. (1) Subject to the rules promulgated under s. 440.03 (1), the board may conduct investigations and hearings to determine whether a person has violated this chapter or a rule promulgated under this chapter.

AB575,29,24 (2) Subject to the rules promulgated under s. 440.03 (1), if a person who applies for or holds a license issued under s. 461.07 does any of the following, the board may reprimand the person or deny, limit, suspend, or revoke the person's license:

AB575,30,2 (a) Makes a material misstatement in an application for a license or an application for renewal of a license under s. 461.07.

AB575,30,5 (b) Violates any law of this state or federal law that substantially relates to the practice of a physician assistant, violates this chapter, or violates a rule promulgated under this chapter.

AB575,30,6 (c) Advertises, practices, or attempts to practice under another person's name.

AB575,30,8 (d) Engages in unprofessional conduct. In this paragraph, “unprofessional conduct" does not include any of the following:

AB575,30,9 1. Providing expedited partner therapy as described in s. 461.035.

AB575,30,11 2. Prescribing or delivering an opioid antagonist in accordance with s. 461.037 (2).

AB575,30,13 (e) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of a felony.

AB575,30,15 (f) Subject to ss. 111.321, 111.322, and 111.34, practices as a physician assistant while his or her ability is impaired by alcohol or other drugs.

AB575,30,16 (g) Engages in fraud or deceit in obtaining or using his or her license.

AB575,30,17 (h) Is adjudicated mentally incompetent by a court.

AB575,30,18 (i) Demonstrates gross negligence, incompetence, or misconduct in practice.

AB575,30,21 (j) Knowingly, recklessly, or negligently divulges a privileged communication or other confidential patient health care information except as required or permitted by state or federal law.

AB575,30,23 (k) Fails to cooperate with the board, or fails to timely respond to a request for information by the board, in connection with an investigation under this section.

AB575,30,25 (L) Prescribes, sells, administers, distributes, orders, or provides a controlled substance for a purpose other than a medical purpose.

AB575,31,2 (m) Demonstrates a lack of physical or mental ability to safely practice as a physician assistant.

AB575,31,4 (n) Engages in any practice that is outside the scope of his or her experience, education, or training.

AB575,31,6 (o) Is disciplined or has been disciplined by another state or jurisdiction based upon acts or conduct similar to acts or conduct prohibited under pars. (a) to (n).

AB575,31,15 461.40 Informed consent. Any physician assistant who treats a patient shall inform the patient about the availability of reasonable alternate medical modes of treatment and about the benefits and risks of these treatments. The reasonable physician assistant standard is the standard for informing a patient under this section. The reasonable physician assistant standard requires disclosure only of information that a reasonable physician assistant in the same or a similar medical specialty would know and disclose under the circumstances. The physician assistant's duty to inform the patient under this section does not require disclosure of any of the following:

AB575,31,17 (1) Detailed technical information that in all probability a patient would not understand.

AB575,31,18 (2) Risks apparent or known to the patient.

AB575,31,20 (3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

AB575,31,22 (4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

AB575,31,23 (5) Information in cases where the patient is incapable of consenting.

AB575,32,3 (6) Information about alternate medical modes of treatment for any condition the physician assistant has not included in his or her diagnosis at the time the physician informs the patient.

AB575,32,5 461.50 Penalties. Any person who violates this chapter is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB575,32,11 461.51 Injunction. If it appears upon complaint to the board by any person or if it is known to the board that any person is violating this subchapter, or rules adopted by the board under this subchapter, the board or the attorney general may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state against any such person to enjoin such person from such violation. The attorney general shall represent the board in all proceedings.

AB575,32,15 461.52 Duty to report. (1)  A physician assistant who has reason to believe any of the following about another physician assistant shall promptly submit a written report to the board that includes facts relating to the conduct of the other physician assistant:

AB575,32,17 (a) The other physician assistant is engaging or has engaged in acts that constitute a pattern of unprofessional conduct.

AB575,32,19 (b) The other physician assistant is engaging or has engaged in an act that creates an immediate or continuing danger to one or more patients or to the public.

AB575,32,20 (c) The other physician assistant is or may be medically incompetent.

AB575,32,22 (d) The other physician assistant is or may be mentally or physically unable safely to engage in the practice of a physician assistant.

AB575,32,25 (2) No physician assistant who reports to the board under sub. (1) may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith.

AB575,72 Section 72. 462.02 (2) (e) of the statutes is amended to read:

AB575,33,2 462.02 (2) (e) A physician assistant licensed under s. 448.04 (1) (f) 461.07.

AB575,73 Section 73. 462.04 of the statutes is amended to read:

AB575,33,11 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant licensed under s. 448.04 (1) (f) 461.07, or, subject to s. 448.56 (7) (a), a physical therapist licensed under s. 448.53.

AB575,74 Section 74. 895.48 (1m) (a) (intro.) of the statutes is amended to read:

AB575,33,24 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, physician assistant licensed under ch. 461, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB575,75 Section 75. 961.01 (19) (a) of the statutes is amended to read:

AB575,34,6 961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a , physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer , or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

AB575,76 Section 76. 971.14 (4) (a) of the statutes is amended to read:

AB575,34,19 971.14 (4) (a) The court shall cause copies of the report to be delivered forthwith to the district attorney and the defense counsel, or the defendant personally if not represented by counsel. Upon the request of the sheriff or jailer charged with care and control of the jail in which the defendant is being held pending or during a trial or sentencing proceeding, the court shall cause a copy of the report to be delivered to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the person who is responsible for maintaining medical records for inmates of the jail, or to a nurse licensed under ch. 441, to a physician assistant licensed under ch. 461, or to a physician or physician assistant licensed under subch. II of ch. 448 who is a health care provider for the defendant or who is responsible for providing health care services to inmates of the jail. The report shall not be otherwise disclosed prior to the hearing under this subsection.

AB575,77 Section 77. 990.01 (27s) of the statutes is created to read:

AB575,34,23 990.01 (27s) Physician assistant or physician associate. “Physician assistant” or “physician associate” means a person licensed as a physician assistant under ch. 461.

AB575,78 Section 78 . Chapter Med 8 of the administrative code is repealed.

AB575,79 Section 79 . Nonstatutory provisions.

AB575,35,1 (1) Board; appointments.

AB575,35,8 (a) Notwithstanding the length of terms specified for the members of the physician assistant examining board under s. 15.405 (4), 3 of the initial members under s. 15.405 (4) (a) 1. and the initial member under s. 15.405 (4) (a) 2. shall be appointed for terms expiring on July 1, 2021; 3 of the initial members under s. 15.405 (4) (a) 1. and the initial member under s. 15.405 (4) (a) 3. shall be appointed for terms expiring on July 1, 2022; and the remaining initial member under s. 15.405 (4) (a) 1. shall be appointed for a term expiring on July 1, 2023.

AB575,35,16 (b) Notwithstanding s. 15.08 (1), the governor may provisionally appoint initial members of the physician assistant examining board under s. 15.405 (4). Those provisional appointments remain in force until withdrawn by the governor or acted upon by the senate and if confirmed by the senate, shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

AB575,35,22 (c) Notwithstanding s. 15.405 (4) (a) 1. and 2., for purposes of an initial appointment to the physician assistant examining board made before the date specified in Section 80 (intro.) of this act, including any provisional appointment made under par. (b), the governor may appoint physician assistants licensed under subch. II of ch. 448 to the positions on the board specified under s. 15.405 (4) (a) 1. and 2.

AB575,35,23 (2) Emergency rules.

AB575,36,4 (a) Using the procedure under s. 227.24, the physician assistant examining board may promulgate initial rules under ss. 461.05 (1) and 461.10 (5) as emergency rules under s. 227.24 to allow for the licensure, discipline, and practice of physician assistants. The authority granted under this subsection applies only to rules described in this paragraph, and any other emergency rules promulgated by the board shall be as provided in, and subject to, s. 227.24.

AB575,36,9 (b) Notwithstanding s. 227.24 (1) (a) and (3), the physician assistant examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB575,36,11 (c) Emergency rules promulgated under this subsection may not take effect prior to the date specified in Section 80 (intro.) of this act.

AB575,36,14 (d) Notwithstanding s. 227.24 (1) (c), emergency rules promulgated under this subsection remain in effect for one year, subject to extension under par. (e), or until the date on which permanent rules take effect, whichever is sooner.

AB575,37,2 (e) Notwithstanding s. 227.24 (2) (a), the joint committee for review of administrative rules may, at any time prior to the expiration date of the emergency rule promulgated under this subsection, extend the effective period of the emergency rule at the request of the physician assistant examining board for a period specified by the committee not to exceed 180 days. Any number of extensions may be granted under this paragraph, but the total period for all extensions may not extend beyond the expiration date of the emergency rule's statement of scope under s. 227.135 (5). Notwithstanding s. 227.24 (2) (b) 1., the physician assistant examining board is not required to provide evidence that there is a threat to the public peace, health, safety, or welfare that can be avoided only by extension of the emergency rule when making a request for an extension under this subsection, but s. 227.24 (2) (am) to (c) shall otherwise apply to extensions under this paragraph.

AB575,37,5 (f) If the physician assistant examining board promulgates emergency rules under this subsection, the board shall submit a single statement of scope for both permanent emergency rules.

AB575,37,6 (3) Board; transfers.

AB575,37,11 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the medical examining board that the secretary of safety and professional services determines to be primarily related to the regulation of physician assistants is transferred to the physician assistant examining board.

AB575,37,18 (b) Pending matters. Any matter pending with the medical examining board on the effective date of this paragraph that is primarily related to the regulation of physician assistants, as determined by the secretary of safety and professional services, is transferred to the physician assistant examining board. All materials submitted to or actions taken by the medical examining board with respect to the pending matter are considered as having been submitted to or taken by the physician assistant examining board.

AB575,37,25 (c) Contracts. All contracts entered into by the medical examining board in effect on the effective date of this paragraph that are primarily related to the regulation of physician assistants, as determined by the secretary of safety and professional services, remain in effect and are transferred to the physician assistant examining board. The physician assistant examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the physician assistant examining board to the extent allowed under the contract.

AB575,38,5 (d) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the medical examining board that are primarily related to the regulation of physician assistants, as determined by the secretary of safety and professional services, become the assets and liabilities of the physician assistant examining board.

AB575,38,9 (e) Orders. All orders issued by the medical examining board in effect on the effective date of this paragraph that are primarily related to the regulation of physician assistants remain in effect until their specified expiration dates or until modified or rescinded by the physician assistant examining board.