AB754: Bill Text

AB754,23,2 71.07 (9e) (h) Notwithstanding the limitations in par. (aj), a person may claim the credit under par. (aj) even if, with regard to the child about whom the claim is made, the child does not have the same principal place of abode as the person claiming the credit and even if another person claims the credit under section 32 (b) (1) (A) to (C) of the Internal Revenue Code and under par. (aj) for that child, if all of the following apply:

AB754,23,4 1. The claimant is subject to and in compliance with a child support order under s. 767.511 with respect to that child.

AB754,23,6 2. The claimant meets the definition of parent under s. 48.02 (13) with respect to that child.

AB754,33 Section 33. 253.15 (2) of the statutes is amended to read:

AB754,24,5 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to child care providers under sub. (4) (d), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing evidence-based home visitation services under s. 48.983 (4) (b) 1. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

AB754,34 Section 34. 253.15 (6) of the statutes is amended to read:

AB754,24,12 253.15 (6) Information to home visitation or care coordination services recipients. A county department or Indian tribe that is providing evidence-based home visitation services under s. 48.983 (4) (b) 1. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under sub. (2) and an oral explanation of those materials.

AB754,35 Section 35. 253.15 (7) (e) of the statutes is amended to read:

AB754,24,19 253.15 (7) (e) A county department or Indian tribe that is providing evidence-based home visitation services under s. 48.983 (4) (b) 1. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) is immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in sub. (6).

AB754,36 Section 36. 253.162 of the statutes is created to read:

AB754,24,22 253.162 Fetal and infant mortality and birth outcome report. (1) In this section:

AB754,24,23 (a) "Infant" means a child from birth to 12 months of age.

AB754,24,25 (b) "Low birth weight" means a birth weight that is more than 1,500 grams and less than 2,500 grams.

AB754,25,1 (c) "Very low birth weight" means a birth weight of 1,500 grams or less.

AB754,25,2 (d) "Very premature birth" means a birth at less than 32 weeks gestation.

AB754,25,15 (2) (a) The department shall annually prepare a report relating to fetal and infant mortality and birth outcomes in this state. The department shall include in the report data related to births and birth outcomes in this state in the previous calendar year and an analysis of that data. The department shall collaborate with local health departments, tribes, and other interested parties to determine the data and data analysis to be included in the report and the procedures by which the data will be collected and reported to the department. The department shall ensure that the report, to the greatest extent possible, includes data and analysis that are necessary and useful for the development and evaluation of programs to address disparities in birth outcomes among racial and ethnic groups in this state and shall periodically consult with interested parties to review and update the data and analysis to be included in the report, as is needed to ensure that this goal continues to be met.

AB754,25,17 (b) The department shall include, at a minimum, all of the following information in the report under par. (a):

AB754,25,18 1. The number and rate of infant deaths in each county.

AB754,25,19 2. The causes of infant deaths in each county.

AB754,25,20 3. The number and rate of very premature births in each county.

AB754,25,22 4. The number of low birth weight infants born in each county and the rate of those births in each county.

AB754,25,24 5. The number of very low birth weight infants born in each county and the rate of those births in each county.

AB754,26,2 6. The race or ethnicity of the infant provided on the birth or death certificate for births or deaths identified in subds. 1., 3., 4., and 5.

AB754,26,5 (c) The department, in collaboration with the persons described under par. (a), shall consider including in the report data related to the type of prenatal care, if any, received by the mother of each infant whose birth data is included in the report.

AB754,26,7 (d) On June 30, 2015, and on every June 30 after that, the department shall do all of the following:

AB754,26,9 1. Submit the report to the appropriate standing committees of the legislature under s. 13.172 (3).

AB754,26,10 2. Post the report on its Internet site.

AB754,26,14 3. Post on its Internet site the raw data collected in the previous calendar year for purposes of the annual report. The data shall be presented in a manner that does not disclose or enable the identification of any individual infant, mother, or birth attendant.

AB754,26,17 (3)   The department shall explore whether any of the costs of collecting the data and creating the report under sub. (2) may be funded by the Medical Assistance program.

AB754,37 Section 37. 253.18 of the statutes is created to read:

AB754,26,22 253.18 Neonatal intensive care unit report. (1) In this section, "neonatal intensive care unit" means a hospital unit on which special equipment and skilled medical personnel for the care of high-risk infants requiring immediate or continuous attention are concentrated.

AB754,26,24 (2) (a) Beginning on July 1, 2014, the department shall collect all of the following information from a hospital that has a neonatal intensive care unit:

AB754,26,25 1. The daily census of the neonatal intensive care unit.

AB754,27,1 2. The criteria for admission to the neonatal intensive care unit.

AB754,27,5 (b) On June 30, 2015, and on every June 30 after that, the department shall annually prepare a report that includes all of the information in par. (a) from the previous calendar year. The department shall make the report available to the public and post the report on the department's Internet site.

AB754,38 Section 38. 441.15 (1) (a) of the statutes is repealed.

AB754,39 Section 39. 441.15 (1) (am) of the statutes is created to read:

AB754,27,9 441.15 (1) (am) "Nurse-midwife" means a person licensed under this section to engage in the practice of nurse-midwifery.

AB754,40 Section 40. 441.15 (1) (c) of the statutes is created to read:

AB754,27,13 441.15 (1) (c) "Qualified health care professional" means a health care professional, as defined in s. 180.1901 (1m), who is performing services within his or her scope of practice.

AB754,41 Section 41. 441.15 (2) (b) of the statutes is amended to read:

AB754,27,17 441.15 (2) (b) The practice occurs in a health care facility approved by the board by rule under sub. (3) (c), in collaboration with a physician with postgraduate training in obstetrics, and pursuant to a written agreement with that physician.

AB754,42 Section 42. 441.15 (3) (c) of the statutes is amended to read:

AB754,27,24 441.15 (3) (c) The board shall promulgate rules necessary to administer this section, including the establishment of appropriate limitations on the scope of the practice of nurse-midwifery, the facilities in which such practice may occur, the definition of "elective" for purposes of the prohibition in sub. (4m), and the granting of temporary permits to practice nurse-midwifery pending qualification for certification.

AB754,43 Section 43. 441.15 (4) of the statutes is amended to read:

AB754,28,5 441.15 (4) A nurse-midwife who discovers evidence that any aspect of care involves any complication which jeopardizes the health or life of a newborn or mother shall consult with the collaborating physician under sub. (2) (b) or the physician's designee, or make a referral as specified in a written agreement under sub. (2) (b) a qualified health care professional or make a referral.

AB754,44 Section 44. 441.15 (4m) of the statutes is created to read:

AB754,28,13 441.15 (4m) No nurse-midwife may perform an elective procedure intended to induce labor in a pregnant woman before the completion of a gestational period of 39 weeks unless the nurse-midwife has first obtained the informed consent of the woman. A woman's consent is informed for purposes of this subsection only if she receives timely information orally and in person from the nurse-midwife regarding potential negative effects to the fetus of early delivery, including long-term learning and behavioral problems.

AB754,45 Section 45. 448.02 (3) (a) of the statutes is amended to read:

AB754,29,8 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate , or limited permit granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30, 448.35, or 450.13 (2); or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate ; or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license, certificate, or limited permit to undergo, and may consider the results of , one or more physical, mental, or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

AB754,46 Section 46. 448.35 of the statutes is created to read:

AB754,29,17 448.35 Informed consent for certain elective procedures. No physician may perform an elective Caesarean section on a pregnant woman, or an elective procedure intended to induce labor in a pregnant woman, before the completion of a gestational period of 39 weeks unless the physician has first obtained the informed consent of the woman. A woman's consent is informed for purposes of this section only if she receives timely information orally and in person from the physician regarding potential negative effects to the fetus of early delivery, including long-term learning and behavioral problems.

AB754,47 Section 47. 448.40 (2) (am) of the statutes is created to read:

AB754,29,20 448.40 (2) (am) Defining "elective" for purposes of s. 448.35 and implementing s. 448.35.

AB754,48 Section 48. 619.04 (3) of the statutes is amended to read:

AB754,30,9 619.04 (3) The plan shall operate subject to the supervision and approval of a board of governors consisting of 3 representatives of the insurance industry appointed by and to serve at the pleasure of the commissioner, a person to be named by the State Bar Association, a person to be named by the Wisconsin Academy of Trial Lawyers, 2 persons to be named by the Wisconsin Medical Society, a person to be named by the Wisconsin Hospital Association, the commissioner or a designated representative employed by the office of the commissioner, and 4 public members at least one of whom is named by the Wisconsin Nurses Association and at least 2 of whom are not attorneys or physicians and are not professionally affiliated with any hospital or insurance company, appointed by the governor for staggered 3-year terms. The commissioner or the commissioner's representative shall be the chairperson of the board of governors. Board members shall be compensated at the rate of $50 per diem plus actual and necessary travel expenses.

AB754,49 Section 49. 655.001 (7t) of the statutes is renumbered 655.001 (7t) (a) and amended to read:

AB754,30,17 655.001 (7t) (a) "Health Except as provided in par. (b), "health care practitioner" means a health care professional, as defined in s. 180.1901 (1m), who is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.

AB754,50 Section 50. 655.001 (7t) (a) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is renumbered 655.001 (7t) and amended to read:

AB754,30,24 655.001 (7t) Except as provided in par. (b), "health "Health care practitioner" means a health care professional, as defined in s. 180.1901 (1m), who is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care services that are not under the direction and supervision of a physician or, nurse anesthetist, or nurse-midwife.

AB754,51 Section 51. 655.001 (7t) (b) of the statutes is created to read:

AB754,31,2 655.001 (7t) (b) "Health care practitioner" does not include a person licensed to practice nurse-midwifery under s. 441.15.

AB754,52 Section 52. 655.001 (7t) (b) of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.

AB754,53 Section 53. 655.001 (9c) of the statutes is created to read:

AB754,31,7 655.001 (9c) "Nurse-midwife" means a person who is licensed to practice nurse-midwifery under s. 441.15.

AB754,54 Section 54. 655.002 (1) (a) of the statutes is amended to read:

AB754,31,11 655.002 (1) (a) A physician or, a nurse anesthetist, or a nurse-midwife for whom this state is a principal place of practice and who practices his or her profession in this state more than 240 hours in a fiscal year.

AB754,55 Section 55. 655.002 (1) (b) (intro.) of the statutes is amended to read:

AB754,31,14 655.002 (1) (b) (intro.) A physician or , a nurse anesthetist, or a nurse-midwife for whom Michigan is a principal place of practice, if all of the following apply:

AB754,56 Section 56. 655.002 (1) (b) 1. of the statutes is amended to read:

AB754,31,17 655.002 (1) (b) 1. The physician or, nurse anesthetist, or nurse-midwife is a resident of this state.

AB754,57 Section 57. 655.002 (1) (b) 2. of the statutes is amended to read:

AB754,31,21 655.002 (1) (b) 2. The physician or, nurse anesthetist, or nurse-midwife practices his or her profession in this state or in Michigan or a combination of both more than 240 hours in a fiscal year.

AB754,58 Section 58. 655.002 (1) (b) 3. of the statutes is amended to read:

AB754,32,2 655.002 (1) (b) 3. The physician or, nurse anesthetist, or nurse-midwife performs more procedures in a Michigan hospital than in any other hospital. In this subdivision, "Michigan hospital" means a hospital located in Michigan that is an affiliate of a corporation organized under the laws of this state that maintains its principal office and a hospital in this state.

AB754,59 Section 59. 655.002 (1) (c) of the statutes is amended to read:

AB754,32,11 655.002 (1) (c) A physician or, nurse anesthetist, or nurse-midwife who is exempt under s. 655.003 (1) or (3), or a nurse-midwife who is exempt under s. 655.003 (4), but who practices his or her profession outside the scope of the exemption and who fulfills the requirements under par. (a) in relation to that practice outside the scope of the exemption. For a physician or a, nurse anesthetist, or nurse-midwife who is subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is outside the scope of the exemption under s. 655.003 (1) or, (3), or (4).

AB754,60 Section 60. 655.002 (1) (d) of the statutes is amended to read:

AB754,32,16 655.002 (1) (d) A partnership comprised of physicians or, nurse anesthetists, or nurse-midwives and organized and operated in this state for the primary purpose of providing the medical services of physicians or, nurse anesthetists, or nurse-midwives.

AB754,61 Section 61. 655.002 (1) (e) of the statutes is amended to read:

AB754,32,20 655.002 (1) (e) A corporation organized and operated in this state for the primary purpose of providing the medical services of physicians or, nurse anesthetists, or nurse-midwives.

AB754,62 Section 62. 655.002 (1) (em) of the statutes is amended to read:

AB754,32,24 655.002 (1) (em) Any organization or enterprise not specified under par. (d) or (e) that is organized and operated in this state for the primary purpose of providing the medical services of physicians or, nurse anesthetists, or nurse-midwives.

AB754,63 Section 63. 655.002 (2) (a) of the statutes is amended to read:

AB754,33,4 655.002 (2) (a) A physician or , nurse anesthetist, or nurse-midwife for whom this state is a principal place of practice but who practices his or her profession fewer than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession.

AB754,64 Section 64. 655.002 (2) (b) of the statutes is amended to read:

AB754,33,12 655.002 (2) (b) Except as provided in sub. (1) (b), a physician or, nurse anesthetist, or nurse-midwife for whom this state is not a principal place of practice, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession in this state. For a health care provider who elects to be subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is in this state and that is outside the scope of an exemption under s. 655.003 (1) or (3) or (4).

AB754,65 Section 65. 655.003 (1) of the statutes is amended to read:

AB754,33,17 655.003 (1) A physician or, a nurse anesthetist, or a nurse-midwife 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.