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 (this act), is repealed.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.