LRB-2474/1
MDK:kaf:jf
1997 - 1998 LEGISLATURE
April 9, 1997 - Introduced by Senators Moen, Breske, Rosenzweig, Buettner,
Clausing
and Rude, cosponsored by Representatives Ourada, Urban, Bock,
Hasenohrl, Powers, Dueholm, Ryba, Meyer, Black, Dobyns, Reynolds,
Handrick, Owens, Kaufert, F. Lasee, Plouff, Hahn, Albers, Ott
and
Brandemuehl. Referred to Committee on Health, Human Services, Aging,
Corrections, Veterans and Military Affairs.
SB156,1,10 1An Act to repeal 448.05 (5) (b); to renumber and amend 448.03 (1) and 448.05
2(5) (d); to amend 146.81 (1) (d), 146.81 (1) (e), 146.89 (1), 155.01 (7), 252.14 (1)
3(ar) 14., 253.07 (4) (d), 341.14 (1a), 341.14 (1e) (a), 341.14 (1m), 341.14 (1q),
4343.51 (1), 448.01 (6), 448.01 (11), 448.02 (1), 448.02 (2), 448.03 (2) (e), 448.03
5(3) (e), 448.04 (1) (f), 448.05 (5) (title), 448.05 (5) (a) (intro.), 448.05 (5) (a) 1.,
6448.05 (5) (a) 2., 448.05 (5) (c), 448.20 (1), 448.20 (3) (a), 448.21 (1) (intro.),
7448.21 (2), 450.10 (3) (a) 5., 560.184 (1) (b), 895.48 (1m) (intro.), 908.03 (6m) (a)
8and 961.01 (19) (a); and to create 448.03 (1) (b), 448.03 (1) (c) and 448.21 (3)
9of the statutes; relating to: regulation of physician assistants and the
10authority of physician assistants to prescribe drugs and devices.
Analysis by the Legislative Reference Bureau
Under current law, the medical examining board (board) may certify persons
who meet certain education, examination and other requirements as physician
assistants. A physician assistant is defined as a person who performs patient
services under the supervision and direction of a licensed physician. Only a person
who holds a physician assistant certificate may call himself or herself a "physician

assistant" or use the title "physician assistant" or any other titles, letters or
designation which represents him or her as a physician assistant. While a person
may, under current law, practice as a physician assistant without a certificate or
license, no certified physician assistant may be self-employed, and his or her
employer must assume legal responsibility for any patient care undertaken by the
physician assistant during his or her employment.
In addition, under current law, a physician assistant may not prescribe drugs
or medical devices. However, under rules promulgated by the board, a physician
assistant may prepare a prescription order in accordance with written protocols and
certain other requirements, including requirements that a supervising physician
review the prescription order.
This bill makes a number of changes to current law relating to physician
assistants. Among the changes the bill makes are the following:
1. The bill defines "physician assistant" as a person who provides medical care
(instead of who performs patient services) with physician supervision and direction.
2. The bill provides that, with exceptions, no person may practice as a physician
assistant or use prohibited titles, letters or designation unless he or she is licensed
by the board as a physician assistant.
This bill permits a physician assistant licensed by the board to prescribe drugs,
other than schedule I controlled substances, and prescription medical devices in
accordance with guidelines established by a supervising physician and the physician
assistant.
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:
SB156, s. 1 1Section 1. 146.81 (1) (d) of the statutes is amended to read:
SB156,2,32 146.81 (1) (d) A physician, physician assistant, podiatrist or physical therapist
3licensed under ch. 448.
SB156, s. 2 4Section 2. 146.81 (1) (e) of the statutes is amended to read:
SB156,2,65 146.81 (1) (e) An occupational therapist, occupational therapy assistant,
6physician assistant
or respiratory care practitioner certified under ch. 448.
SB156, s. 3 7Section 3. 146.89 (1) of the statutes is amended to read:
SB156,3,58 146.89 (1) In this section, "volunteer health care provider" means an individual
9who is licensed as a physician under ch. 448, dentist under ch. 447, registered nurse,

1practical nurse or nurse-midwife under ch. 441 or , optometrist under ch. 449 or
2certified as a physician's physician assistant under ch. 448 and who receives no
3income from the practice of that health care profession or who receives no income
4from the practice of that health care profession when providing services at the
5nonprofit agency specified under sub. (3).
SB156, s. 4 6Section 4. 155.01 (7) of the statutes is amended to read:
SB156,3,167 155.01 (7) "Health care provider" means a nurse licensed or permitted under
8ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
9physician, physician assistant, podiatrist or, physical therapist licensed or a
10physician assistant, an
, occupational therapist or occupational therapy assistant
11licensed or certified under ch. 448, a person practicing Christian Science treatment,
12an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a
13partnership thereof, a corporation or limited liability company thereof that provides
14health care services, an operational cooperative sickness care plan organized under
15ss. 185.981 to 185.985 that directly provides services through salaried employes in
16its own facility, or a home health agency, as defined in s. 50.49 (1) (a).
SB156, s. 5 17Section 5. 252.14 (1) (ar) 14. of the statutes is amended to read:
SB156,3,1818 252.14 (1) (ar) 14. A physician assistant certified licensed under ch. 448.
SB156, s. 6 19Section 6. 253.07 (4) (d) of the statutes is amended to read:
SB156,3,2320 253.07 (4) (d) For each fiscal year, $31,500 as grants to applying family
21planning agencies under this section for employment in communities of licensed
22registered nurses, licensed practical nurses, certified nurse-midwives or certified
23licensed physician assistants who are members of a racial minority.
SB156, s. 7 24Section 7. 341.14 (1a) of the statutes is amended to read:
SB156,4,17
1341.14 (1a) If any resident of this state, who is registering or has registered an
2automobile or station wagon, or a motor truck, dual purpose motor home or dual
3purpose farm truck which has a gross weight of not more than 8,000 pounds, a farm
4truck which has a gross weight of not more than 12,000 pounds or a motor home,
5submits a statement once every 4 years, as determined by the department, from a
6physician licensed to practice medicine in any state, from an advanced practice nurse
7licensed to practice nursing in any state, from a physician assistant licensed or
8certified to practice in any state, from a chiropractor licensed to practice chiropractic
9in any state or from a Christian Science practitioner residing in this state and listed
10in the Christian Science journal certifying to the department that the resident is a
11person with a disability that limits or impairs the ability to walk, the department
12shall procure, issue and deliver to the disabled person plates of a special design in
13lieu of plates which ordinarily would be issued for the vehicle, and shall renew the
14plates. The plates shall be so designed as to readily apprise law enforcement officers
15of the fact that the vehicle is owned by a nonveteran disabled person and is entitled
16to the parking privileges specified in s. 346.50 (2a). No charge in addition to the
17registration fee shall be made for the issuance or renewal of such plates.
SB156, s. 8 18Section 8. 341.14 (1e) (a) of the statutes is amended to read:
SB156,5,1119 341.14 (1e) (a) If any resident of this state, who is registering or has registered
20a motorcycle, submits a statement once every 4 years, as determined by the
21department, from a physician licensed to practice medicine in any state, from an
22advanced practice nurse licensed to practice nursing in any state, from a physician
23assistant licensed or certified to practice in any state, from a chiropractor licensed
24to practice chiropractic in any state, from a Christian Science practitioner residing
25in this state and listed in the Christian Science journal or from the U.S. department

1of veterans affairs certifying to the department that the resident is a person with a
2disability that limits or impairs the ability to walk, the department shall procure,
3issue and deliver to the disabled person a plate of a special design in lieu of the plate
4which ordinarily would be issued for the motorcycle, and shall renew the plate. The
5statement shall state whether the disability is permanent or temporary and, if
6temporary, the opinion of the physician, advanced practice nurse, physician
7assistant, chiropractor, practitioner or U.S. department of veterans affairs as to the
8duration of the disability. The plate shall be so designed as to readily apprise law
9enforcement officers of the fact that the motorcycle is owned by a disabled person and
10is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition
11to the registration fee may be made for the issuance or renewal of the plate.
SB156, s. 9 12Section 9. 341.14 (1m) of the statutes is amended to read:
SB156,6,513 341.14 (1m) If any licensed driver submits to the department a statement once
14every 4 years, as determined by the department, from a physician licensed to practice
15medicine in any state, from an advanced practice nurse licensed to practice nursing
16in any state, from a physician assistant licensed or certified to practice in any state,
17from a chiropractor licensed to practice chiropractic in any state or from a Christian
18Science practitioner residing in this state and listed in the Christian Science journal
19certifying that another person who is regularly dependent on the licensed driver for
20transportation is a person with a disability that limits or impairs the ability to walk,
21the department shall issue and deliver to the licensed driver plates of a special design
22in lieu of the plates which ordinarily would be issued for the automobile or station
23wagon, or motor truck, dual purpose motor home or dual purpose farm truck having
24a gross weight of not more than 8,000 pounds, farm truck having a gross weight of
25not more than 12,000 pounds or motor home, and shall renew the plates. The plates

1shall be so designed as to readily apprise law enforcement officers of the fact that the
2vehicle is operated by a licensed driver on whom a disabled person is regularly
3dependent and is entitled to the parking privileges specified in s. 346.50 (2a). No
4charge in addition to the registration fee may be made for the issuance or renewal
5of the plates. The plates shall conform to the plates required in sub. (1a).
SB156, s. 10 6Section 10. 341.14 (1q) of the statutes is amended to read:
SB156,6,247 341.14 (1q) If any employer who provides an automobile or station wagon, or
8a motor truck, dual purpose motor home or dual purpose farm truck which has a
9gross weight of not more than 8,000 pounds, a farm truck which has a gross weight
10of not more than 12,000 pounds or a motor home, whether owned or leased by the
11employer, for an employe's use submits to the department a statement once every 4
12years, as determined by the department, from a physician licensed to practice
13medicine in any state, from an advanced practice nurse licensed to practice nursing
14in any state, from a physician assistant licensed or certified to practice in any state,
15from a chiropractor licensed to practice chiropractic in any state or from a Christian
16Science practitioner residing in this state and listed in the Christian Science journal
17certifying that the employe is a person with a disability that limits or impairs the
18ability to walk, the department shall issue and deliver to such employer plates of a
19special design in lieu of the plates which ordinarily would be issued for the vehicle,
20and shall renew the plates. The plates shall be so designed as to readily apprise law
21enforcement officers of the fact that the vehicle is operated by a disabled person and
22is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition
23to the registration fee may be made for the issuance or renewal of the plates. The
24plates shall conform to the plates required in sub. (1a).
SB156, s. 11 25Section 11. 343.51 (1) of the statutes is amended to read:
SB156,7,21
1343.51 (1) Any person who qualifies for registration plates of a special design
2under s. 341.14 (1), (1a), (1m), (1q) or (1r) (a) or any other person with a disability that
3limits or impairs the ability to walk may request from the department a special
4identification card that will entitle any motor vehicle, other than a motorcycle,
5parked by, or under the direction of, the person, or a motor vehicle, other than a
6motorcycle, operated by or on behalf of the organization when used to transport such
7a person, to parking privileges under s. 346.50 (2), (2a) and (3). The department shall
8issue the card at a fee to be determined by the department, upon submission by the
9applicant, if the applicant is an individual rather than an organization, of a
10statement from a physician licensed to practice medicine in any state, from an
11advanced practice nurse licensed to practice nursing in any state, from a physician
12assistant licensed or certified to practice in any state, from a chiropractor licensed
13to practice chiropractic in any state or from a Christian Science practitioner residing
14in this state and listed in the Christian Science journal that the person is a person
15with a disability that limits or impairs the ability to walk. The statement shall state
16whether the disability is permanent or temporary and, if temporary, the opinion of
17the physician, advanced practice nurse, physician assistant, chiropractor or
18practitioner as to the duration of the disability. The department shall issue the card
19upon application by an organization on a form prescribed by the department if the
20department believes that the organization meets the requirements under this
21subsection.
SB156, s. 12 22Section 12. 448.01 (6) of the statutes is amended to read:
SB156,7,2523 448.01 (6) "Physician assistant" means an individual certified licensed by the
24board to perform patient services under the provide medical care with physician
25supervision and direction of a licensed physician.
SB156, s. 13
1Section 13. 448.01 (11) of the statutes is amended to read:
SB156,8,52 448.01 (11) "Unprofessional conduct" means those acts or attempted acts of
3commission or omission defined as unprofessional conduct by the board under the
4authority delegated to the board by s. 15.08 (5) (b) and any act by a physician,
5physician assistant
or podiatrist in violation of ch. 450 or 961.
SB156, s. 14 6Section 14. 448.02 (1) of the statutes is amended to read:
SB156,8,97 448.02 (1) License. The board may grant licenses, including various classes
8of temporary licenses, to practice medicine and surgery, to practice as a physician
9assistant
and to practice podiatric medicine and surgery.
SB156, s. 15 10Section 15. 448.02 (2) of the statutes is amended to read:
SB156,8,1311 448.02 (2) Certificate. The board may certify physician assistants,
12occupational therapists, occupational therapy assistants and respiratory care
13practitioners.
SB156, s. 16 14Section 16. 448.03 (1) of the statutes is renumbered 448.03 (1) (a) and
15amended to read:
SB156,8,1816 448.03 (1) (a) No person may practice medicine and surgery, or podiatry, or
17attempt to do so or make a representation as authorized to do so, without a license
18to practice medicine and surgery granted by the board.
SB156, s. 17 19Section 17. 448.03 (1) (b) of the statutes is created to read:
SB156,8,2120 448.03 (1) (b) No person may practice as a physician assistant unless he or she
21is licensed by the board as a physician assistant.
SB156, s. 18 22Section 18. 448.03 (1) (c) of the statutes is created to read:
SB156,8,2523 448.03 (1) (c) No person may practice podiatry, or attempt to do so or make a
24representation as authorized to do so, without a license to practice podiatry granted
25by the board.
SB156, s. 19
1Section 19. 448.03 (2) (e) of the statutes is amended to read:
SB156,9,52 448.03 (2) (e) Any person other than a physician assistant who is providing
3patient services as directed, supervised and inspected by a physician or podiatrist
4who has the power to direct, decide and oversee the implementation of the patient
5services rendered.
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