SB497: Bill Text

SB497,46,9 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician, physician assistant, or certified advanced practice registered nurse prescriber whose act or omission involves reckless, wanton, or intentional misconduct.

SB497,95 Section 95. 448.56 (1) and (1m) (b) of the statutes are amended to read:

SB497,46,25 448.56 (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, physician assistant, chiropractor, dentist, podiatrist, or advanced practice registered 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, physician assistant, chiropractor, dentist, podiatrist, or advanced practice registered nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

SB497,47,6 (1m) (b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice registered 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.

SB497,96 Section 96. 448.67 (2) of the statutes is amended to read:

SB497,47,17 448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee who renders any podiatric service or assistance, or gives any podiatric advice or any similar advice or assistance, to any patient, podiatrist, physician, physician assistant, advanced practice registered nurse prescriber certified under s. 441.16 (2), partnership, or corporation, or to any other institution or organization, 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, physician assistant, advanced practice registered nurse prescriber, or other person.

SB497,97 Section 97. 448.956 (1m) of the statutes is amended to read:

SB497,47,24 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter; under ch. 446; or under s. 441.16 (2) 441.09.

SB497,98 Section 98. 450.01 (1m) of the statutes is repealed.

SB497,99 Section 99. 450.01 (16) (h) 2. of the statutes is amended to read:

SB497,48,5 450.01 (16) (h) 2. The patient's advanced practice registered nurse prescriber, if the advanced practice registered nurse prescriber has entered into a written agreement to collaborate with a physician has prescribing authority under s. 441.09 (2) (c).

SB497,100 Section 100. 450.01 (16) (hr) 2. of the statutes is amended to read:

SB497,48,8 450.01 (16) (hr) 2. An advanced practice registered nurse prescriber who has prescribing authority under s. 441.09 (2) (c).

SB497,101 Section 101. 450.03 (1) (e) of the statutes is amended to read:

SB497,48,16 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or , practical, or advanced practice registered nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 89, or as otherwise provided by statute.

SB497,102 Section 102. 450.11 (1i) (a) 1. of the statutes is amended to read:

SB497,49,3 450.11 (1i) (a) 1. A pharmacist may, upon and in accordance with the prescription order of an advanced practice registered nurse prescriber under s. 441.18 (2) (a) 1., or of a physician or physician assistant under s. 448.037 (2) (a) 1., that complies with the requirements of sub. (1), deliver an opioid antagonist to a person specified in the prescription order and may, upon and in accordance with the standing order of an advanced practice registered nurse prescriber under s. 441.18 (2) (a) 2., or of a physician or physician assistant under s. 448.037 (2) (a) 2., that complies with the requirements of sub. (1), deliver an opioid antagonist to an individual in accordance with the order. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the delivery of a prescription to the person to whom the opioid antagonist is delivered.

SB497,103 Section 103. 450.11 (1i) (b) 2. b. of the statutes is amended to read:

SB497,49,7 450.11 (1i) (b) 2. b. An advanced practice registered nurse prescriber may only deliver or dispense an opioid antagonist in accordance with s. 441.18 (2) or in accordance with his or her other legal authority to dispense prescription drugs.

SB497,104 Section 104. 450.11 (7) (b) of the statutes is amended to read:

SB497,49,12 450.11 (7) (b) Information communicated to a physician, physician assistant, or advanced practice registered nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.

SB497,105 Section 105. 450.11 (8) (e) of the statutes is amended to read:

SB497,49,15 450.11 (8) (e) The board of nursing, insofar as this section applies to advanced practice nurse prescribers registered nurses.

SB497,106 Section 106. 450.13 (5) (b) of the statutes is amended to read:

SB497,49,19 450.13 (5) (b) The patient's advanced practice registered nurse prescriber, if the advanced practice registered nurse prescriber has entered into a written agreement to collaborate with a physician has prescribing authority under s. 441.09 (2) (c).

SB497,107 Section 107. 462.04 of the statutes is amended to read:

SB497,50,3 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice registered nurse certified licensed under s. 441.16 (2) 441.09, a physician assistant licensed under s. 448.04 (1) (f), or, subject to s. 448.56 (7) (a), a physical therapist licensed under s. 448.53.

SB497,108 Section 108. 655.001 (7t) of the statutes is amended to read:

SB497,50,9 655.001 (7t) “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.

SB497,109 Section 109. 655.001 (9) of the statutes is amended to read:

SB497,50,15 655.001 (9) “Nurse anesthetist" means a nurse an individual who is licensed under ch. 441 or in a party state, as defined in s. 441.50 (2) (j), who is certified as a nurse anesthetist by the American association of nurse anesthetists as an advanced practice registered nurse and possesses a certified registered nurse anesthetist endorsement under s. 441.09.

SB497,110 Section 110. 655.005 (2) (a) of the statutes is amended to read:

SB497,50,20 655.005 (2) (a) An employee of a health care provider if the employee is a physician or a nurse anesthetist or is a health care practitioner who is providing 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.

SB497,111 Section 111. 961.01 (19) (a) of the statutes is amended to read:

SB497,51,2 961.01 (19) (a) A physician, advanced practice registered nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

SB497,112 Section 112. 961.395 of the statutes is amended to read:

SB497,51,7 961.395 Limitation on advanced practice registered nurses. (1) An advanced practice registered nurse who is certified under s. 441.16 who has prescribing authority under s. 441.09 (2) (c) may prescribe controlled substances only as permitted by the rules promulgated under s. 441.16 (3) 441.09 (9).

SB497,51,11 (2) An advanced practice registered nurse certified under s. 441.16 shall include with each prescription order the advanced practice registered nurse prescriber certification number identifier issued to him or her by the board of nursing.

SB497,51,15 (3) An advanced practice registered nurse certified under s. 441.16 who has prescribing authority under s. 441.09 (2) (c) may dispense a controlled substance only by prescribing or administering the controlled substance or as otherwise permitted by the rules promulgated under s. 441.16 (3) 441.09 (9).

SB497,113 Section 113. Effective date.

SB497,51,17 (1) This act takes effect on March 1, 2020.

SB497,51,18 (End)