441.06 (title) Licensure; civil liability
exemption exemptions.
187,34
Section
34. 441.06 (7) of the statutes is created to read:
441.06 (7) No person certified as an advanced practice nurse prescriber under s. 441.16 (2) is liable for civil damages for any of the following:
(a) 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 advanced practice nurse prescriber's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
(b) 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 advanced practice nurse prescriber's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
187,36
Section
36. 448.56 (1) of the statutes is amended to read:
448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or, podiatrist
, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.
187,37
Section
37. 448.56 (1m) (b) of the statutes is amended to read:
448.56 (1m) (b) The affiliated credentialing board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, chiropractor, dentist, or podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.
187,38
Section
38. 448.67 (2) of the statutes is amended to read:
448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee who renders any podiatric service or assistance whatever, or gives any podiatric advice or any similar advice or assistance whatever, to any patient, podiatrist, physician, advanced practice nurse prescriber certified under s. 441.16 (2), partnership, or corporation, or to any other institution or organization of any kind, including a hospital, for which a charge is made to a patient, shall, except as authorized by Title 18 or Title 19 of the federal Social Security Act, render an individual statement or account of the charge directly to the patient, distinct and separate from any statement or account by any other podiatrist, physician, advanced practice nurse prescriber, or other person.
187,39
Section
39. 450.01 (1m) of the statutes is created to read:
450.01 (1m) "Advanced practice nurse prescriber" means an advanced practice nurse who is certified under s. 441.16 (2).
187,41
Section
41. 450.01 (16) (h) of the statutes is renumbered 450.01 (16) (h) (intro.) and amended to read:
450.01 (16) (h) (intro.) Making therapeutic alternate drug selections, if made in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of a hospital and approved by the hospital's medical staff and by an individual use of the therapeutic alternate drug selection has been approved for a patient during the period of the patient's stay within the hospital by any of the following:
1. The patient's physician for his or her patients for the period of each patient's stay within the hospital.
187,42
Section
42. 450.01 (16) (h) 2. of the statutes is created to read:
450.01 (16) (h) 2. The patient's advanced practice nurse prescriber, if the advanced practice nurse prescriber has entered into a written agreement to collaborate with a physician.
187,44
Section
44. 450.11 (7) (b) of the statutes is amended to read:
450.11 (7) (b) Information communicated to a physician or advanced practice nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.
187,46
Section
46. 450.11 (8) (e) of the statutes is created to read:
450.11 (8) (e) The board of nursing, insofar as this section applies to advanced practice nurse prescribers.
187,47
Section
47. 450.13 (5) of the statutes is renumbered 450.13 (5) (intro.) amended to read:
450.13 (5) Use of drug product equivalent in hospitals. (intro.) Subsections (1) to (4) do not apply to a pharmacist who dispenses a drug product equivalent that is prescribed for a patient in a hospital if the pharmacist dispenses the drug product equivalent in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of the hospital and approved by the hospital's medical staff and use of the drug product equivalent has been approved for a patient during the period of the patient's stay within the hospital by the any of the following:
(a) The patient's individual physician for the period of the patient's stay within the hospital.
187,48
Section
48. 450.13 (5) (b) of the statutes is created to read:
450.13 (5) (b) The patient's advanced practice nurse prescriber, if the advanced practice nurse prescriber has entered into a written agreement to collaborate with a physician.
187,50
Section
50.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of section 448.56 (1) of the statutes takes effect on April 1, 2006.
