AB852,26,1515
1. The daily census of the neonatal intensive care unit.
AB852,26,1616
2. The criteria for admission to the neonatal intensive care unit.
AB852,26,2017
(b) On June 30, 2017, and on every June 30 after that, the department shall
18annually prepare a report that includes all of the information in par. (a) from the
19previous calendar year. The department shall make the report available to the public
20and post the report on the department's Internet site.
AB852,37
21Section
37. 441.15 (1) (a) of the statutes is repealed.
AB852,38
22Section
38. 441.15 (1) (am) of the statutes is created to read:
AB852,26,2423
441.15
(1) (am) "Nurse-midwife" means a person licensed under this section
24to engage in the practice of nurse-midwifery.
AB852,39
25Section
39. 441.15 (1) (c) of the statutes is created to read:
AB852,27,3
1441.15
(1) (c) "Qualified health care professional" means a health care
2professional, as defined in s. 180.1901 (1m), who is performing services within his
3or her scope of practice.
AB852,40
4Section
40. 441.15 (2) (b) of the statutes is amended to read:
AB852,27,75
441.15
(2) (b) The practice occurs in a health care facility approved by the board
6by rule under sub. (3) (c)
, in collaboration with a physician with postgraduate
7training in obstetrics, and pursuant to a written agreement with that physician.
AB852,41
8Section
41. 441.15 (3) (c) of the statutes is amended to read:
AB852,27,149
441.15
(3) (c) The board shall promulgate rules necessary to administer this
10section, including the establishment of appropriate limitations on the scope of the
11practice of nurse-midwifery, the facilities in which such practice may occur
, the
12definition of "elective" for purposes of the prohibition in sub. (4m), and the granting
13of temporary permits to practice nurse-midwifery pending qualification for
14certification.
AB852,42
15Section
42. 441.15 (4) of the statutes is amended to read:
AB852,27,2016
441.15
(4) A nurse-midwife who discovers evidence that any aspect of care
17involves any complication which jeopardizes the health or life of a newborn or mother
18shall consult with
the collaborating physician under sub. (2) (b) or the physician's
19designee, or make a referral as specified in a written agreement under sub. (2) (b) or
20make a referral to a qualified health care professional.
AB852,43
21Section
43. 441.15 (4m) of the statutes is created to read:
AB852,28,322
441.15
(4m) No nurse-midwife may perform an elective procedure intended
23to induce labor in a pregnant woman before the completion of a gestational period
24of 39 weeks unless the nurse-midwife has first obtained the informed consent of the
25woman. A woman's consent is informed for purposes of this subsection only if she
1receives timely information orally and in person from the nurse-midwife regarding
2potential negative effects to the fetus of early delivery, including long-term learning
3and behavioral problems.
AB852,44
4Section
44. 448.02 (3) (a) of the statutes is amended to read:
AB852,28,235
448.02
(3) (a) The board shall investigate allegations of unprofessional conduct
6and negligence in treatment by persons holding a license, certificate
, or limited
7permit granted by the board. An allegation that a physician has violated s. 253.10
8(3), 448.30
, 448.35, or 450.13 (2)
; or has failed to mail or present a medical
9certification required under s. 69.18 (2) within 21 days after the pronouncement of
10death of the person who is the subject of the required certificate
; or that a physician
11has failed at least 6 times within a 6-month period to mail or present a medical
12certificate required under s. 69.18 (2) within 6 days after the pronouncement of death
13of the person who is the subject of the required certificate is an allegation of
14unprofessional conduct. Information contained in reports filed with the board under
15s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17
, or 632.715, or under
42 CFR 1001.2005, shall
16be investigated by the board. Information contained in a report filed with the board
17under s. 655.045 (1), as created by
1985 Wisconsin Act 29, which is not a finding of
18negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the
19discretion of the board, be used as the basis of an investigation of a person named in
20the report. The board may require a person holding a license, certificate
, or limited
21permit to undergo
, and may consider the results of
, one or more physical, mental
, or
22professional competency examinations if the board believes that the results of any
23such examinations may be useful to the board in conducting its investigation.
AB852,45
24Section
45
. 448.02 (3) (a) of the statutes, as affected by
2013 Wisconsin Act 240 25and 2015 Wisconsin Act .... (this act), is repealed and recreated to read:
AB852,29,19
1448.02
(3) (a) The board shall investigate allegations of unprofessional conduct
2and negligence in treatment by persons holding a license or certificate granted by the
3board. An allegation that a physician has violated s. 253.10 (3), 448.30, 448.35, or
4450.13 (2); or has failed to mail or present a medical certification required under s.
569.18 (2) within 21 days after the pronouncement of death of the person who is the
6subject of the required certificate; or that a physician has failed at least 6 times
7within a 6-month period to mail or present a medical certificate required under s.
869.18 (2) within 6 days after the pronouncement of death of the person who is the
9subject of the required certificate is an allegation of unprofessional conduct.
10Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36
11(3) (b), 609.17, or 632.715, or under
42 CFR 1001.2005, shall be investigated by the
12board. Information contained in a report filed with the board under s. 655.045 (1),
13as created by
1985 Wisconsin Act 29, which is not a finding of negligence or in a report
14filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be
15used as the basis of an investigation of a person named in the report. The board may
16require a person holding a license or certificate to undergo, and may consider the
17results of, one or more physical, mental, or professional competency examinations if
18the board believes that the results of any such examinations may be useful to the
19board in conducting its investigation.
AB852,46
20Section
46. 448.35 of the statutes is created to read:
AB852,30,3
21448.35 Informed consent for certain elective procedures. No physician
22may perform an elective cesarean section on a pregnant woman, or an elective
23procedure intended to induce labor in a pregnant woman, before the completion of
24a gestational period of 39 weeks unless the physician has first obtained the informed
25consent of the woman. A woman's consent is informed for purposes of this section
1only if she receives timely information orally and in person from the physician
2regarding potential negative effects to the fetus of early delivery, including
3long-term learning and behavioral problems.
AB852,47
4Section
47. 448.40 (2) (am) of the statutes is created to read:
AB852,30,65
448.40
(2) (am) Defining "elective" for purposes of s. 448.35 and implementing
6s. 448.35.
AB852,48
7Section
48. 619.04 (3) of the statutes is amended to read:
AB852,30,208
619.04
(3) The plan shall operate subject to the supervision and approval of a
9board of governors consisting of 3 representatives of the insurance industry
10appointed by and to serve at the pleasure of the commissioner, a person to be named
11by the State Bar Association, a person to be named by the Wisconsin Academy of Trial
12Lawyers, 2 persons to be named by the Wisconsin Medical Society, a person to be
13named by the Wisconsin Hospital Association, the commissioner or a designated
14representative employed by the office of the commissioner
, and 4 public members
at
15least one of whom is named by the Wisconsin Nurses Association and at least 2 of
16whom are not attorneys or physicians and are not professionally affiliated with any
17hospital or insurance company, appointed by the governor for staggered 3-year
18terms. The commissioner or the commissioner's representative shall be the
19chairperson of the board of governors. Board members shall be compensated at the
20rate of $50 per diem plus actual and necessary travel expenses.
AB852,49
21Section
49. 655.001 (7t) of the statutes is renumbered 655.001 (7t) (a) and
22amended to read:
AB852,31,323
655.001
(7t) (a)
"Health Except as provided in par. (b), "health care
24practitioner" means a health care professional, as defined in s. 180.1901 (1m), who
25is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or
1(f) and who has the authority to provide health care services that are not
in
2collaboration with a physician under s. 441.15 (2) (b) or under the direction and
3supervision of a physician or nurse anesthetist.
AB852,50
4Section
50. 655.001 (7t) (a) of the statutes, as affected by 2015 Wisconsin Act
5.... (this act), is renumbered 655.001 (7t) and amended to read:
AB852,31,106
655.001
(7t) Except as provided in par. (b), "health "Health care practitioner"
7means a health care professional, as defined in s. 180.1901 (1m), who is an employee
8of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has
9the authority to provide health care services that are not under the direction and
10supervision of a physician
or, nurse anesthetist
, or nurse-midwife.
AB852,51
11Section
51. 655.001 (7t) (b) of the statutes is created to read:
AB852,31,1312
655.001
(7t) (b) "Health care practitioner" does not include a person licensed
13to practice nurse-midwifery under s. 441.15.
AB852,52
14Section
52. 655.001 (7t) (b) of the statutes, as created by 2015 Wisconsin Act
15.... (this act), is repealed.
AB852,53
16Section
53. 655.001 (9c) of the statutes is created to read:
AB852,31,1817
655.001
(9c) "Nurse-midwife" means a person who is licensed to practice
18nurse-midwifery under s. 441.15.
AB852,54
19Section
54. 655.002 (1) (a) of the statutes is amended to read:
AB852,31,2220
655.002
(1) (a) A physician
or, a nurse anesthetist
, or a nurse-midwife for
21whom this state is a principal place of practice and who practices his or her profession
22in this state more than 240 hours in a fiscal year.
AB852,55
23Section
55. 655.002 (1) (b) (intro.) of the statutes is amended to read:
AB852,31,2524
655.002
(1) (b) (intro.) A physician
or
, a nurse anesthetist
, or a nurse-midwife 25for whom Michigan is a principal place of practice, if all of the following apply:
AB852,56
1Section
56. 655.002 (1) (b) 1. of the statutes is amended to read:
AB852,32,32
655.002
(1) (b) 1. The physician
or, nurse anesthetist
, or nurse-midwife is a
3resident of this state.
AB852,57
4Section
57. 655.002 (1) (b) 2. of the statutes is amended to read:
AB852,32,75
655.002
(1) (b) 2. The physician
or, nurse anesthetist
, or nurse-midwife 6practices his or her profession in this state or in Michigan or a combination of both
7more than 240 hours in a fiscal year.
AB852,58
8Section
58. 655.002 (1) (b) 3. of the statutes is amended to read:
AB852,32,139
655.002
(1) (b) 3. The physician
or, nurse anesthetist
, or nurse-midwife 10performs more procedures in a Michigan hospital than in any other hospital. In this
11subdivision, "Michigan hospital" means a hospital located in Michigan that is an
12affiliate of a corporation organized under the laws of this state that maintains its
13principal office and a hospital in this state.
AB852,59
14Section
59. 655.002 (1) (c) of the statutes is amended to read:
AB852,32,2215
655.002
(1) (c) A physician
or, nurse anesthetist
, or nurse-midwife who is
16exempt under s. 655.003 (1) or (3),
or a nurse-midwife who is exempt under s.
17655.003 (4), but who practices his or her profession outside the scope of the exemption
18and who fulfills the requirements under par. (a) in relation to that practice outside
19the scope of the exemption. For a physician
or a , nurse anesthetist
, or
20nurse-midwife who is subject to this chapter under this paragraph, this chapter
21applies only to claims arising out of practice that is outside the scope of the exemption
22under s. 655.003 (1)
or, (3)
, or (4).
AB852,60
23Section
60. 655.002 (1) (d) of the statutes is amended to read:
AB852,33,224
655.002
(1) (d) A partnership comprised of physicians
or, nurse anesthetists
,
25or nurse-midwives and organized and operated in this state for the primary purpose
1of providing the medical services of physicians
or
, nurse anesthetists
, or
2nurse-midwives.
AB852,61
3Section
61. 655.002 (1) (e) of the statutes is amended to read:
AB852,33,64
655.002
(1) (e) A corporation organized and operated in this state for the
5primary purpose of providing the medical services of physicians
or, nurse
6anesthetists
, or nurse-midwives.
AB852,62
7Section
62. 655.002 (1) (em) of the statutes is amended to read:
AB852,33,108
655.002
(1) (em) Any organization or enterprise not specified under par. (d) or
9(e) that is organized and operated in this state for the primary purpose of providing
10the medical services of physicians
or, nurse anesthetists
, or nurse-midwives.
AB852,63
11Section
63. 655.002 (2) (a) of the statutes is amended to read:
AB852,33,1512
655.002
(2) (a) A physician
or, nurse anesthetist
, or nurse-midwife for whom
13this state is a principal place of practice but who practices his or her profession fewer
14than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during
15which he or she practices his or her profession.
AB852,64
16Section
64. 655.002 (2) (b) of the statutes is amended to read:
AB852,33,2317
655.002
(2) (b) Except as provided in sub. (1) (b), a physician
or, nurse
18anesthetist
, or nurse-midwife for whom this state is not a principal place of practice,
19for a fiscal year, or a portion of a fiscal year, during which he or she practices his or
20her profession in this state. For a health care provider who elects to be subject to this
21chapter under this paragraph, this chapter applies only to claims arising out of
22practice that is in this state and that is outside the scope of an exemption under s.
23655.003 (1)
or, (3)
, or (4).
AB852,65
24Section
65. 655.003 (1) of the statutes is amended to read:
AB852,34,4
1655.003
(1) A physician
or, a nurse anesthetist
, or a nurse-midwife who is a
2state, county
, or municipal employee, or federal employee or contractor covered
3under the federal tort claims act, as amended, and who is acting within the scope of
4his or her employment or contractual duties.
AB852,66
5Section
66. 655.003 (3) of the statutes is amended to read:
AB852,34,116
655.003
(3) Except for a physician
or
, nurse anesthetist
, or nurse-midwife who
7meets the criteria under s. 146.89 (5) (a), a physician
or
, a nurse anesthetist
, or a
8nurse-midwife who provides professional services under the conditions described in
9s. 146.89
or 257.03 (1), with respect to those professional services provided by the
10physician
or, nurse anesthetist
, or nurse-midwife for which he or she is covered by
11s. 165.25 and considered an agent of the department, as provided in s. 165.25 (6) (b).
AB852,67
12Section
67. 655.003 (4) of the statutes is created to read:
AB852,34,1413
655.003
(4) A nurse-midwife who is considered to be an employee of the federal
14public health service under
42 USC 233 (g).
AB852,68
15Section
68. 655.005 (2) (a) of the statutes is amended to read:
AB852,34,1916
655.005
(2) (a) An employee of a health care provider if the employee is a
17physician or a nurse anesthetist or is a health care practitioner who is providing
18health care services that are not
in collaboration with a physician under s. 441.15 (2)
19(b) or under the direction and supervision of a physician or nurse anesthetist.
AB852,69
20Section
69
. 655.005 (2) (a) of the statutes, as affected by 2015 Wisconsin Act
21.... (this act), is amended to read:
AB852,34,2522
655.005
(2) (a) An employee of a health care provider if the employee is a
23physician
or a , nurse anesthetist
, or nurse-midwife or is a health care practitioner
24who is providing health care services that are not under the direction and
25supervision of a physician
or, nurse anesthetist
, or nurse-midwife.
AB852,70
1Section
70. 655.005 (2) (b) of the statutes is amended to read:
AB852,35,102
655.005
(2) (b) A service corporation organized under s. 180.1903 by health care
3professionals, as defined under s. 180.1901 (1m), if the board of governors determines
4that it is not the primary purpose of the service corporation to provide the medical
5services of physicians
or, nurse anesthetists
, or nurse-midwives. The board of
6governors may not determine under this paragraph that it is not the primary purpose
7of a service corporation to provide the medical services of physicians
or, nurse
8anesthetists
, or nurse-midwives unless more than 50% of the shareholders of the
9service corporation are
neither not physicians
nor, nurse anesthetists
, or
10nurse-midwives.
AB852,71
11Section
71. 655.23 (5m) of the statutes is amended to read:
AB852,35,1412
655.23
(5m) The limits set forth in sub. (4) shall apply to any joint liability of
13a physician
or, nurse anesthetist
, or nurse-midwife and his or her corporation,
14partnership, or other organization or enterprise under s. 655.002 (1) (d), (e), or (em).
AB852,72
15Section
72. 655.27 (3) (a) 4. of the statutes is amended to read:
AB852,35,1916
655.27
(3) (a) 4. For a health care provider described in s. 655.002 (1) (d), (e),
17(em), or (f), risk factors and past and prospective loss and expense experience
18attributable to employees of that health care provider other than employees licensed
19as a physician
or, nurse anesthetist
, or nurse-midwife.
AB852,73
20Section
73. 655.27 (3) (b) 2f. of the statutes is created to read:
AB852,35,2521
655.27
(3) (b) 2f. With respect to fees paid by nurse-midwives, the rule may
22provide for a separate payment classification or for a payment classification that is
23combined with one or more other categories of health care providers, as the
24commissioner, after approval by the board of governors, determines is appropriate
25for pooling risks under the fund.
AB852,74
1Section
74. 655.27 (3) (b) 2m. of the statutes is amended to read:
AB852,36,82
655.27
(3) (b) 2m. In addition to the fees and payment classifications described
3under subds. 1.
and 2. to 2f., the commissioner, after approval by the board of
4governors, may by rule establish a separate payment classification for physicians
5satisfying s. 655.002 (1) (b)
and, a separate fee for nurse anesthetists satisfying s.
6655.002 (1) (b)
, and a separate fee for nurse-midwives satisfying s. 655.002 (1) (b) 7which take into account the loss experience of health care providers for whom
8Michigan is a principal place of practice.
AB852,75
9Section
75. 655.275 (5) (b) 3. of the statutes is created to read:
AB852,36,1110
655.275
(5) (b) 3. If a claim was paid for damages arising out of the rendering
11of care by a nurse-midwife, with at least one nurse-midwife.
AB852,76
12Section
76
.
Nonstatutory provisions.
AB852,36,17
13(1) Expiration of term of member on board of governors. Notwithstanding
14the length of terms specified for the members of the board of governors under section
15619.04 (3) of the statutes, as affected by this act, the initial public member named
16by the Wisconsin Nurses Association shall be appointed for a term expiring on May
171, 2017.
AB852,36,23
18(2
) Notice of effective date of rule for fees. The commissioner of insurance
19shall promulgate a rule under section 655.27 (3) (b) of the statutes, as affected by this
20act, that takes into account participation in the injured patients and families
21compensation fund by nurse-midwives. When the rule has been promulgated and
22is in effect, the commissioner of insurance shall publish a notice in the Wisconsin
23Administrative Register that specifies the effective date of the rule.
AB852,77
24Section
77.
Initial applicability.
AB852,37,5
1(1) The treatment of section 71.07 (9e) (h) of the statutes first applies to taxable
2years beginning on January 1 of the year in which this subsection takes effect, except
3that if this subsection takes effect on or after August 1 the treatment of section 71.07
4(9e) (h) of the statutes first applies to taxable years beginning on January 1 of the
5year following the year in which this subsection takes effect.
AB852,78
6Section
78.
Effective dates. This act takes effect on the day after publication,
7except as follows:
AB852,37,15
8(1) Injured patients and families compensation fund. The treatment of
9sections 655.002 (1) (a), (b) (intro.) 1., 2., and 3., (c), (d), (e), and (em) and (2) (a) and
10(b), 655.003 (1), (3), and (4), 655.005 (2) (a) (by
Section 69) and (b), 655.23 (5m), and
11655.275 (5) (b) 3. of the statutes, the repeal of section 655.001 (7t) (b) of the statutes,
12and the renumbering and amendment of section 655.001 (7t) (a) of the statutes take
13effect on the first day of the 3rd month beginning after the date published by the
14commissioner of insurance in the Wisconsin Administrative Register under
Section 1576 (2
) of this act.
AB852,37,1716
(2)
Informed consent for elective procedures. The repeal and recreation of
17section 448.02 (3) (a) of the statutes takes effect on April 1, 2017.