2015 - 2016 LEGISLATURE
January 29, 2015 - Introduced by Senators Farrow, Moulton, Gudex, Harris Dodd
and LeMahieu, cosponsored by Representatives Kooyenga, Rohrkaste, Kulp,
Spiros and Murphy. Referred to Committee on Health and Human Services.
SB13,1,4 1An Act to amend 450.03 (1) (e), 450.08 (2) (b) and 450.11 (3); and to create
2440.08 (2) (a) 38h. and 450.076 of the statutes; relating to: licensure of home
3medical oxygen providers, providing an exemption from emergency rule
4procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, oxygen intended for medical use is a prescription drug that
may generally be dispensed to a patient only by a pharmacist licensed by the
Pharmacy Examining Board (board) or by a physician or other authorized
practitioner. This bill establishes a licensure program to be administered by the
board for persons that dispense medical oxygen directly to patients. Under the bill,
such a person, if licensed by the board, is exempt from pharmacist licensing
requirements for activities that fall within the scope of the license.
Under the bill, subject to certain exceptions, any person that provides home
medical oxygen directly to patients must be licensed by the board. The bill requires
the board to grant a home medical oxygen provider license to a person applying for
the license that pays the applicable initial licensure fee and meets any other
requirements established by the board by rule.
The bill requires the board to adopt rules implementing the bill's provisions,
including rules governing the professional conduct of licensed home medical oxygen
providers and their employees and agents. The bill authorizes emergency rule

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:
SB13,1 1Section 1. 440.08 (2) (a) 38h. of the statutes is created to read:
SB13,2,32 440.08 (2) (a) 38h. Home medical oxygen provider: June 1 of each
3even-numbered year.
SB13,2 4Section 2. 450.03 (1) (e) of the statutes is amended to read:
SB13,2,115 450.03 (1) (e) Any person lawfully practicing within the scope of a license,
6permit, registration, certificate, or certification granted to provide home medical
7oxygen under s. 450.076,
to practice professional or practical nursing or
8nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch.
9447, to practice medicine and surgery under ch. 448, to practice optometry under ch.
10449 or to practice veterinary medicine under ch. 453, or as otherwise provided by
SB13,3 12Section 3. 450.076 of the statutes is created to read:
SB13,2,14 13450.076 Home medical oxygen providers; licensure. (1) Definitions. In
14this section:
SB13,2,1715 (a) "Home medical oxygen provider" means a person that provides medical
16oxygen directly to a consumer or patient in this state for that consumer's or patient's
17own use.
SB13,2,1918 (b) "Licensed provider" means a home medical oxygen provider licensed under
19this section.
SB13,2,2020 (c) "Medical oxygen" means oxygen that is a prescription drug.
1(2) License required. (a) Except as provided in par. (b), no person may operate
2as a home medical oxygen provider, use the title "home medical oxygen provider" or
3any similar title, or hold itself out as a home medical oxygen provider unless the
4person is a licensed provider.
SB13,3,55 (b) No license under this section is required for any of the following:
SB13,3,76 1. A person that holds a current credential, as defined in s. 440.01 (2) (a), and
7is acting within the scope of that credential.
SB13,3,98 2. A hospital, excluding any home medical oxygen provider that is owned or
9operated by a hospital.
SB13,3,1110 3. An employee or agent of a licensed provider acting within the scope of his or
11her employment or agency.
SB13,3,13 12(3) Licensure. The board may grant a license to act as a home medical oxygen
13provider to a person that does all of the following:
SB13,3,1414 (a) Submits an application for licensure on a form provided by the board.
SB13,3,1515 (b) Pays the fee specified in s. 440.05 (1).
SB13,3,1616 (c) Satisfies any other requirements established by the board by rule.
SB13,3,19 17(4) Rules. The board shall promulgate rules implementing this section. The
18rules shall include rules governing the professional conduct of licensed providers and
19their employees and agents.
SB13,4 20Section 4. 450.08 (2) (b) of the statutes is amended to read:
SB13,3,2421 450.08 (2) (b) A pharmacy, manufacturer's or, distributor's, or home medical
22oxygen provider's
license may be renewed by paying the applicable fee determined
23by the department under s. 440.03 (9) (a) on or before the applicable renewal date
24specified under s. 440.08 (2) (a).
SB13,5 25Section 5. 450.11 (3) of the statutes is amended to read:
1450.11 (3) Preparation of prescription drugs. Except as provided in sub. (1i)
2(b) and s. 450.076, no person other than a pharmacist or practitioner or their agents
3and employees as directed, supervised, and inspected by the pharmacist or
4practitioner may prepare, compound, dispense, or prepare for delivery for a patient
5any prescription drug.
SB13,6 6Section 6. Nonstatutory provisions.
SB13,4,167 (1) Emergency rules. The pharmacy examining board may promulgate
8emergency rules under section 227.24 of the statutes implementing section 450.076
9of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2)
10of the statutes, emergency rules promulgated under this subsection remain in effect
11until June 30, 2017, or the date on which permanent rules take effect, whichever is
12sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the board is
13not required to provide evidence that promulgating a rule under this subsection as
14an emergency rule is necessary for the preservation of the public peace, health,
15safety, or welfare and is not required to provide a finding of emergency for a rule
16promulgated under this subsection.
SB13,4,2017 (2) Regulation of home medical oxygen providers. The pharmacy examining
18board shall administer section 450.076 of the statutes, as created by this act, on a
19case-by-case basis prior to the effective date of the rules promulgated under section
20450.076 (4) of the statutes.
SB13,7 21Section 7. Effective date.
SB13,4,2322 (1) The treatment of section 450.076 (2) (a) of the statutes takes effect on May
231, 2015, or on the day after publication, whichever is later.
SB13,4,2424 (End)