SB497,8
12Section
8. 45.40 (1g) (a) of the statutes is amended to read:
SB497,6,1713
45.40
(1g) (a) “Health care provider" means an advanced practice
registered 14nurse
prescriber certified under s. 441.16 (2)
licensed under ch. 441, an audiologist
15licensed under ch. 459, a dentist licensed under ch. 447, an optometrist licensed
16under ch. 449, a physician licensed under s. 448.02, or a podiatrist licensed under s.
17448.63.
SB497,9
18Section
9. 46.03 (44) of the statutes is amended to read:
SB497,7,219
46.03
(44) Sexually transmitted disease treatment information. Prepare and
20keep current an information sheet to be distributed to a patient by a physician,
21physician assistant, or
certified advanced practice
registered nurse
prescriber who
22has prescribing authority under s. 441.09 (2) (c) providing expedited partner therapy
23to that patient under s. 448.035. The information sheet shall include information
24about sexually transmitted diseases and their treatment and about the risk of drug
25allergies. The information sheet shall also include a statement advising a person
1with questions about the information to contact his or her physician, pharmacist, or
2local health department, as defined in s. 250.01 (4).
SB497,10
3Section
10. 50.01 (1b) of the statutes is repealed.
SB497,11
4Section
11. 50.08 (2) of the statutes is amended to read:
SB497,7,105
50.08
(2) A physician, an advanced practice
registered nurse
prescriber 6certified under s. 441.16 (2) who has prescribing authority under s. 441.09 (2) (c), or
7a physician assistant licensed under ch. 448, who prescribes a psychotropic
8medication to a nursing home resident who has degenerative brain disorder shall
9notify the nursing home if the prescribed medication has a boxed warning under
21
10CFR 201.57.
SB497,12
11Section
12. 50.09 (1) (a) (intro.) of the statutes is amended to read:
SB497,7,1912
50.09
(1) (a) (intro.) Private and unrestricted communications with the
13resident's family, physician, physician assistant, advanced practice
registered nurse
14prescriber, attorney, and any other person, unless medically contraindicated as
15documented by the resident's physician, physician assistant, or advanced practice
16registered nurse
prescriber in the resident's medical record, except that
17communications with public officials or with the resident's attorney shall not be
18restricted in any event. The right to private and unrestricted communications shall
19include, but is not limited to, the right to:
SB497,13
20Section
13. 50.09 (1) (f) 1. of the statutes is amended to read:
SB497,7,2521
50.09
(1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses
22or both domestic partners under ch.770 are residents of the same facility, the spouses
23or domestic partners shall be permitted to share a room unless medically
24contraindicated as documented by the resident's physician, physician assistant, or
25advanced practice
registered nurse
prescriber in the resident's medical record.
SB497,14
1Section
14. 50.09 (1) (h) of the statutes is amended to read:
SB497,8,52
50.09
(1) (h) Meet with, and participate in activities of social, religious, and
3community groups at the resident's discretion, unless medically contraindicated as
4documented by the resident's physician, physician assistant, or advanced practice
5registered nurse
prescriber in the resident's medical record.
SB497,15
6Section
15. 50.09 (1) (k) of the statutes is amended to read:
SB497,8,187
50.09
(1) (k) Be free from mental and physical abuse, and be free from chemical
8and physical restraints except as authorized in writing by a physician, physician
9assistant, or advanced practice
registered nurse
prescriber for a specified and
10limited period of time and documented in the resident's medical record. Physical
11restraints may be used in an emergency when necessary to protect the resident from
12injury to himself or herself or others or to property. However, authorization for
13continuing use of the physical restraints shall be secured from a physician, physician
14assistant, or advanced practice
registered nurse
prescriber within 12 hours. Any use
15of physical restraints shall be noted in the resident's medical records. “
Physical
16restraints" includes, but is not limited to, any article, device, or garment that
17interferes with the free movement of the resident and that the resident is unable to
18remove easily, and confinement in a locked room.
SB497,16
19Section
16. 50.49 (1) (b) (intro.) of the statutes is amended to read:
SB497,9,320
50.49
(1) (b) (intro.) “Home health services" means the following items and
21services that are furnished to an individual, who is under the care of a physician,
22physician assistant, or advanced practice
registered nurse
prescriber, by a home
23health agency, or by others under arrangements made by the home health agency,
24that are under a plan for furnishing those items and services to the individual that
25is established and periodically reviewed by a physician, physician assistant, or
1advanced practice
registered nurse
prescriber and that are, except as provided in
2subd. 6., provided on a visiting basis in a place of residence used as the individual's
3home:
SB497,17
4Section
17. 51.41 (1d) (b) 4. of the statutes is amended to read:
SB497,9,145
51.41
(1d) (b) 4. A psychiatric mental health advanced practice
registered 6nurse who is suggested by the Milwaukee County board of supervisors. The
7Milwaukee County board of supervisors shall solicit suggestions from organizations
8including the Wisconsin Nurses Association for individuals who specialize in a full
9continuum of behavioral health and medical services including emergency
10detention, inpatient, residential, transitional, partial hospitalization, intensive
11outpatient, and wraparound community-based services. The Milwaukee County
12board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric
13mental health advanced practice
registered nurses for this board membership
14position.
SB497,18
15Section
18. 70.47 (8) (intro.) of the statutes is amended to read:
SB497,9,2516
70.47
(8) Hearing. (intro.) The board shall hear upon oath all persons who
17appear before it in relation to the assessment. Instead of appearing in person at the
18hearing, the board may allow the property owner, or the property owner's
19representative, at the request of either person, to appear before the board, under
20oath, by telephone or to submit written statements, under oath, to the board. The
21board shall hear upon oath, by telephone, all ill or disabled persons who present to
22the board a letter from a physician, osteopath, physician assistant, as defined in s.
23448.01 (6), or advanced practice
registered nurse
prescriber certified under s. 441.16
24(2) licensed under ch. 441 that confirms their illness or disability. At the request of
25the property owner or the property owner's representative, the board may postpone
1and reschedule a hearing under this subsection, but may not postpone and
2reschedule a hearing more than once during the same session for the same property.
3The board at such hearing shall proceed as follows:
SB497,19
4Section
19. 77.54 (14) (f) 3. of the statutes is repealed.
SB497,20
5Section
20. 77.54 (14) (f) 4. of the statutes is amended to read:
SB497,10,76
77.54
(14) (f) 4. An advanced practice
registered nurse
who has prescribing
7authority under s. 441.09 (2) (c).
SB497,21
8Section
21. 97.59 of the statutes is amended to read:
SB497,10,21
997.59 Handling foods. No person in charge of any public eating place or other
10establishment where food products to be consumed by others are handled may
11knowingly employ any person handling food products who has a disease in a form
12that is communicable by food handling. If required by the local health officer or any
13officer of the department for the purposes of an investigation, any person who is
14employed in the handling of foods or is suspected of having a disease in a form that
15is communicable by food handling shall submit to an examination by the officer or
16by a physician, physician assistant, or advanced practice
registered nurse
prescriber 17designated by the officer. The expense of the examination, if any, shall be paid by the
18person examined. Any person knowingly infected with a disease in a form that is
19communicable by food handling who handles food products to be consumed by others
20and any persons knowingly employing or permitting such a person to handle food
21products to be consumed by others shall be punished as provided by s. 97.72.
SB497,22
22Section
22. 102.13 (1) (a) of the statutes is amended to read:
SB497,11,923
102.13
(1) (a) Except as provided in sub. (4), whenever compensation is claimed
24by an employee, the employee shall, upon the written request of the employee's
25employer or worker's compensation insurer, submit to reasonable examinations by
1physicians, chiropractors, psychologists, dentists, physician assistants, advanced
2practice
nurse prescribers registered nurses, or podiatrists provided and paid for by
3the employer or insurer. No employee who submits to an examination under this
4paragraph is a patient of the examining physician, chiropractor, psychologist,
5dentist, physician assistant, advanced practice
registered nurse
prescriber, or
6podiatrist for any purpose other than for the purpose of bringing an action under ch.
7655, unless the employee specifically requests treatment from that physician,
8chiropractor, psychologist, dentist, physician assistant, advanced practice
registered 9nurse
prescriber, or podiatrist.
SB497,23
10Section
23. 102.13 (1) (b) (intro.), 1., 3. and 4. of the statutes are amended to
11read:
SB497,11,2512
102.13
(1) (b) (intro.) An employer or insurer who requests that an employee
13submit to reasonable examination under par. (a) or (am) shall tender to the employee,
14before the examination, all necessary expenses including transportation expenses.
15The employee is entitled to have a physician, chiropractor, psychologist, dentist,
16physician assistant, advanced practice
registered nurse
prescriber, or podiatrist
17provided by himself or herself present at the examination and to receive a copy of all
18reports of the examination that are prepared by the examining physician,
19chiropractor, psychologist, podiatrist, dentist, physician assistant, advanced
20practice
registered nurse
prescriber, or vocational expert immediately upon receipt
21of those reports by the employer or worker's compensation insurer. The employee is
22also entitled to have a translator provided by himself or herself present at the
23examination if the employee has difficulty speaking or understanding the English
24language. The employer's or insurer's written request for examination shall notify
25the employee of all of the following:
SB497,12,4
11. The proposed date, time, and place of the examination and the identity and
2area of specialization of the examining physician, chiropractor, psychologist, dentist,
3podiatrist, physician assistant, advanced practice
registered nurse
prescriber, or
4vocational expert.
SB497,12,75
3. The employee's right to have his or her physician, chiropractor, psychologist,
6dentist, physician assistant, advanced practice
registered nurse
prescriber, or
7podiatrist present at the examination.
SB497,12,128
4. The employee's right to receive a copy of all reports of the examination that
9are prepared by the examining physician, chiropractor, psychologist, dentist,
10podiatrist, physician assistant, advanced practice
registered nurse
prescriber, or
11vocational expert immediately upon receipt of these reports by the employer or
12worker's compensation insurer.
SB497,24
13Section
24. 102.13 (1) (d) 1., 2., 3. and 4. of the statutes are amended to read:
SB497,12,1714
102.13
(1) (d) 1. Any physician, chiropractor, psychologist, dentist, podiatrist,
15physician assistant, advanced practice
registered nurse
prescriber, or vocational
16expert who is present at any examination under par. (a) or (am) may be required to
17testify as to the results of the examination.
SB497,12,2218
2. Any physician, chiropractor, psychologist, dentist, physician assistant,
19advanced practice
registered nurse
prescriber, or podiatrist who attended a worker's
20compensation claimant for any condition or complaint reasonably related to the
21condition for which the claimant claims compensation may be required to testify
22before the division when the division so directs.
SB497,13,423
3. Notwithstanding any statutory provisions except par. (e), any physician,
24chiropractor, psychologist, dentist, physician assistant, advanced practice
registered 25nurse
prescriber, or podiatrist attending a worker's compensation claimant for any
1condition or complaint reasonably related to the condition for which the claimant
2claims compensation may furnish to the employee, employer, worker's compensation
3insurer, department, or division information and reports relative to a compensation
4claim.
SB497,13,95
4. The testimony of any physician, chiropractor, psychologist, dentist,
6physician assistant, advanced practice
registered nurse
prescriber, or podiatrist who
7is licensed to practice where he or she resides or practices in any state and the
8testimony of any vocational expert may be received in evidence in compensation
9proceedings.
SB497,25
10Section
25. 102.13 (2) (a) of the statutes is amended to read:
SB497,13,2111
102.13
(2) (a) An employee who reports an injury alleged to be work-related
12or files an application for hearing waives any physician-patient,
13psychologist-patient, or chiropractor-patient privilege with respect to any condition
14or complaint reasonably related to the condition for which the employee claims
15compensation. Notwithstanding ss. 51.30 and 146.82 and any other law, any
16physician, chiropractor, psychologist, dentist, podiatrist, physician assistant,
17advanced practice
registered nurse
prescriber, hospital, or health care provider
18shall, within a reasonable time after written request by the employee, employer,
19worker's compensation insurer, department, or division, or its representative,
20provide that person with any information or written material reasonably related to
21any injury for which the employee claims compensation.
SB497,26
22Section
26. 102.13 (2) (b) of the statutes is amended to read:
SB497,14,823
102.13
(2) (b) A physician, chiropractor, podiatrist, psychologist, dentist,
24physician assistant, advanced practice
registered nurse
prescriber, hospital, or
25health service provider shall furnish a legible, certified duplicate of the written
1material requested under par. (a) in paper format upon payment of the actual costs
2of preparing the certified duplicate, not to exceed the greater of 45 cents per page or
3$7.50 per request, plus the actual costs of postage, or shall furnish a legible, certified
4duplicate of that material in electronic format upon payment of $26 per request. Any
5person who refuses to provide certified duplicates of written material in the person's
6custody that is requested under par. (a) shall be liable for reasonable and necessary
7costs and, notwithstanding s. 814.04 (1), reasonable attorney fees incurred in
8enforcing the requester's right to the duplicates under par. (a).
SB497,27
9Section
27. 102.17 (1) (d) 1. and 2. of the statutes are amended to read:
SB497,15,510
102.17
(1) (d) 1. The contents of certified medical and surgical reports by
11physicians, podiatrists, surgeons, dentists, psychologists, physician assistants,
12advanced practice
nurse prescribers registered nurses, and chiropractors licensed in
13and practicing in this state, and of certified reports by experts concerning loss of
14earning capacity under s. 102.44 (2) and (3), presented by a party for compensation
15constitute prima facie evidence as to the matter contained in those reports, subject
16to any rules and limitations the division prescribes. Certified reports of physicians,
17podiatrists, surgeons, dentists, psychologists, physician assistants, advanced
18practice
nurse prescribers registered nurses, and chiropractors, wherever licensed
19and practicing, who have examined or treated the claimant, and of experts, if the
20practitioner or expert consents to being subjected to cross-examination, also
21constitute prima facie evidence as to the matter contained in those reports. Certified
22reports of physicians, podiatrists, surgeons, psychologists, and chiropractors are
23admissible as evidence of the diagnosis, necessity of the treatment, and cause and
24extent of the disability. Certified reports by doctors of dentistry, physician
25assistants, and advanced practice
nurse prescribers
registered nurses are
1admissible as evidence of the diagnosis and necessity of treatment but not of the
2cause and extent of disability. Any physician, podiatrist, surgeon, dentist,
3psychologist, chiropractor, physician assistant, advanced practice
registered nurse
4prescriber, or expert who knowingly makes a false statement of fact or opinion in a
5certified report may be fined or imprisoned, or both, under s. 943.395.
SB497,15,136
2. The record of a hospital or sanatorium in this state that is satisfactory to the
7division, established by certificate, affidavit, or testimony of the supervising officer
8of the hospital or
sanitorium sanatorium, any other person having charge of the
9record, or a physician, podiatrist, surgeon, dentist, psychologist, physician assistant,
10advanced practice
registered nurse
prescriber, or chiropractor to be the record of the
11patient in question, and made in the regular course of examination or treatment of
12the patient, constitutes prima facie evidence as to the matter contained in the record,
13to the extent that the record is otherwise competent and relevant.
SB497,28
14Section
28. 102.29 (3) of the statutes is amended to read:
SB497,15,1915
102.29
(3) Nothing in this chapter shall prevent an employee from taking the
16compensation that the employee may be entitled to under this chapter and also
17maintaining a civil action against any physician, chiropractor, psychologist, dentist,
18physician assistant, advanced practice
registered nurse
prescriber, or podiatrist for
19malpractice.
SB497,29
20Section
29. 102.42 (2) (a) of the statutes is amended to read:
SB497,16,821
102.42
(2) (a) When the employer has notice of an injury and its relationship
22to the employment, the employer shall offer to the injured employee his or her choice
23of any physician, chiropractor, psychologist, dentist, physician assistant, advanced
24practice
registered nurse
prescriber, or podiatrist licensed to practice and practicing
25in this state for treatment of the injury. By mutual agreement, the employee may
1have the choice of any qualified practitioner not licensed in this state. In case of
2emergency, the employer may arrange for treatment without tendering a choice.
3After the emergency has passed the employee shall be given his or her choice of
4attending practitioner at the earliest opportunity. The employee has the right to a
52nd choice of attending practitioner on notice to the employer or its insurance carrier.
6Any further choice shall be by mutual agreement. Partners and clinics are
7considered to be one practitioner. Treatment by a practitioner on referral from
8another practitioner is considered to be treatment by one practitioner.
SB497,30
9Section
30. 106.30 (1) of the statutes is amended to read:
SB497,16,1410
106.30
(1) Definition. In this section, “nurse" means a registered nurse
11licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse
12licensed or permitted under s. 441.10,
or an advanced practice
registered nurse
13prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s.
441.15 14441.09.
SB497,31
15Section
31. 118.15 (3) (a) of the statutes is amended to read:
SB497,17,216
118.15
(3) (a) Any child who is excused by the school board because the child
17is temporarily not in proper physical or mental condition to attend a school program
18but who can be expected to return to a school program upon termination or
19abatement of the illness or condition. The school attendance officer may request the
20parent or guardian of the child to obtain a written statement from a licensed
21physician, dentist, chiropractor, optometrist, psychologist, physician assistant, or
22nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice
23registered nurse
prescriber or Christian Science practitioner living and residing in
24this state, who is listed in the Christian Science Journal, as sufficient proof of the
1physical or mental condition of the child. An excuse under this paragraph shall be
2in writing and shall state the time period for which it is valid, not to exceed 30 days.
SB497,32
3Section
32. 118.29 (1) (e) of the statutes is amended to read:
SB497,17,64
118.29
(1) (e) “Practitioner" means any physician, dentist, optometrist,
5physician assistant, advanced practice
registered nurse
prescriber with prescribing
6authority, or podiatrist licensed in any state.
SB497,33
7Section
33. 118.2925 (1) (b) of the statutes is repealed.
SB497,34
8Section
34. 118.2925 (3) of the statutes is amended to read:
SB497,17,139
118.2925
(3) Prescriptions for schools. A physician, an advanced practice
10registered nurse
prescriber
who has prescribing authority under s. 441.09 (2) (c), or
11a physician assistant may prescribe epinephrine auto-injectors in the name of a
12school that has adopted a plan under sub. (2) (a), to be maintained by the school for
13use under sub. (4).
SB497,35
14Section
35. 118.2925 (4) (c) of the statutes is amended to read:
SB497,18,215
118.2925
(4) (c) Administer an epinephrine auto-injector to a pupil or other
16person who the school nurse or designated school personnel in good faith believes is
17experiencing anaphylaxis in accordance with a standing protocol from a physician,
18an advanced practice
registered nurse
prescriber who has prescribing authority
19under s. 441.09 (2) (c), or a physician assistant, regardless of whether the pupil or
20other person has a prescription for an epinephrine auto-injector. If the pupil or other
21person does not have a prescription for an epinephrine auto-injector, or the person
22who administers the epinephrine auto-injector does not know whether the pupil or
23other person has a prescription for an epinephrine auto-injector, the person who
24administers the epinephrine auto-injector shall, as soon as practicable, report the
25administration by dialing the telephone number “911" or, in an area in which the
1telephone number “911" is not available, the telephone number for an emergency
2medical service provider.
SB497,36
3Section
36. 118.2925 (5) of the statutes is amended to read:
SB497,18,154
118.2925
(5) Immunity from civil liability; exemption from practice of
5medicine. A school and its designated school personnel, and a physician, advanced
6practice
registered nurse
prescriber who has prescribing authority under s. 441.09
7(2) (c), or physician assistant who provides a prescription or standing protocol for
8school epinephrine auto-injectors, are not liable for any injury that results from the
9administration or self-administration of an epinephrine auto-injector under this
10section, regardless of whether authorization was given by the pupil's parent or
11guardian or by the pupil's physician, physician assistant, or advanced practice
12registered nurse
prescriber, unless the injury is the result of an act or omission that
13constitutes gross negligence or willful or wanton misconduct. The immunity from
14liability provided under this subsection is in addition to and not in lieu of that
15provided under s. 895.48.
SB497,37
16Section
37. 146.343 (1) (c) of the statutes is amended to read:
SB497,18,2017
146.343
(1) (c) “Nurse-midwife" means an individual who is licensed
to engage
18in the practice of nurse-midwifery under s. 441.15 (3) (a)
as an advanced practice
19registered nurse and possesses a certified nurse-midwife endorsement under s.
20441.09.
SB497,38
21Section
38. 146.82 (3) (a) of the statutes is amended to read:
SB497,19,422
146.82
(3) (a) Notwithstanding sub. (1), a physician, physician assistant, as
23defined in s. 448.01 (6), or advanced practice
registered nurse
prescriber certified 24under s. 441.16 (2) licensed under s. 441.09 who treats a patient whose physical or
25mental condition in the physician's, physician assistant's, or advanced practice
nurse
1prescriber's registered nurse's judgment affects the patient's ability to exercise
2reasonable and ordinary control over a motor vehicle may report the patient's name
3and other information relevant to the condition to the department of transportation
4without the informed consent of the patient.
SB497,39
5Section
39. 146.89 (1) (r) 1. of the statutes is amended to read:
SB497,19,116
146.89
(1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental
7hygienist under ch. 447, a registered nurse, practical nurse, or
nurse-midwife 8advanced practice registered nurse under ch. 441, an optometrist under ch. 449, a
9physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under
10ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch.
11III of ch. 448.
SB497,40
12Section
40. 146.89 (1) (r) 3. of the statutes is repealed.
SB497,41
13Section
41. 146.89 (1) (r) 8. of the statutes is amended to read:
SB497,19,1614
146.89
(1) (r) 8. An advanced practice
registered nurse who has
a certificate
15to issue prescription orders under s. 441.16 (2) prescribing authority under s. 441.09
16(2) (c).
SB497,42
17Section
42. 146.89 (6) of the statutes is amended to read:
SB497,19,2218
146.89
(6) (a) While serving as a volunteer health care provider under this
19section, an advanced practice
registered nurse who has
a certificate to issue
20prescription orders under s. 441.16 (2) prescribing authority under s. 441.09 (2) (c) 21is considered to meet the requirements of s. 655.23, if required to comply with s.
22655.23.
SB497,20,223
(b) While serving as a volunteer health care provider under this section, an
24advanced practice
registered nurse who has
a certificate to issue prescription orders
1under s. 441.16 (2) prescribing authority under s. 441.09 (2) (c) is not required to
2maintain in effect malpractice insurance.
SB497,43
3Section
43. 252.01 (1c) of the statutes is repealed.
SB497,44
4Section
44. 252.07 (8) (a) 2. of the statutes is amended to read:
SB497,20,85
252.07
(8) (a) 2. The department or local health officer provides to the court a
6written statement from a physician, physician assistant, or advanced practice
7registered nurse
prescriber that the individual has infectious tuberculosis or suspect
8tuberculosis.
SB497,45
9Section
45. 252.07 (9) (c) of the statutes is amended to read:
SB497,20,1610
252.07
(9) (c) If the court orders confinement of an individual under this
11subsection, the individual shall remain confined until the department or local health
12officer, with the concurrence of a treating physician, physician assistant, or advanced
13practice
registered nurse
prescriber, determines that treatment is complete or that
14the individual is no longer a substantial threat to himself or herself or to the public
15health. If the individual is to be confined for more than 6 months, the court shall
16review the confinement every 6 months.
SB497,46
17Section
46. 252.10 (7) of the statutes is amended to read:
SB497,20,2218
252.10
(7) Drugs necessary for the treatment of mycobacterium tuberculosis
19shall be purchased by the department from the appropriation account under s.
2020.435 (1) (e) and dispensed to patients through the public health dispensaries, local
21health departments, physicians
, or advanced practice
nurse prescribers registered
22nurses who have prescribing authority under s. 441.09 (2) (c).
SB497,47
23Section
47. 252.11 (2), (4), (5), (7) and (10) of the statutes are amended to read:
SB497,21,924
252.11
(2) An officer of the department or a local health officer having
25knowledge of any reported or reasonably suspected case or contact of a sexually
1transmitted disease for which no appropriate treatment is being administered, or of
2an actual contact of a reported case or potential contact of a reasonably suspected
3case, shall investigate or cause the case or contact to be investigated as necessary.
4If, following a request of an officer of the department or a local health officer, a person
5reasonably suspected of being infected with a sexually transmitted disease refuses
6or neglects examination by a physician, physician assistant, or advanced practice
7registered nurse
prescriber or treatment, an officer of the department or a local
8health officer may proceed to have the person committed under sub. (5) to an
9institution or system of care for examination, treatment, or observation.
SB497,21,16
10(4) If a person infected with a sexually transmitted disease ceases or refuses
11treatment before reaching what in a physician's, physician assistant's, or advanced
12practice
nurse prescriber's registered nurse's opinion is the noncommunicable stage,
13the physician, physician assistant, or advanced practice
registered nurse
prescriber 14shall notify the department. The department shall without delay take the necessary
15steps to have the person committed for treatment or observation under sub. (5), or
16shall notify the local health officer to take these steps.
SB497,22,8
17(5) Any court of record may commit a person infected with a sexually
18transmitted disease to any institution or may require the person to undergo a system
19of care for examination, treatment, or observation if the person ceases or refuses
20examination, treatment, or observation under the supervision of a physician,
21physician assistant, or advanced practice
registered nurse
prescriber. The court
22shall summon the person to appear on a date at least 48 hours, but not more than
2396 hours, after service if an officer of the department or a local health officer petitions
24the court and states the facts authorizing commitment. If the person fails to appear
25or fails to accept commitment without reasonable cause, the court may cite the
1person for contempt. The court may issue a warrant and may direct the sheriff, any
2constable, or any police officer of the county immediately to arrest the person and
3bring the person to court if the court finds that a summons will be ineffectual. The
4court shall hear the matter of commitment summarily. Commitment under this
5subsection continues until the disease is no longer communicable or until other
6provisions are made for treatment that satisfy the department. The certificate of the
7petitioning officer is prima facie evidence that the disease is no longer communicable
8or that satisfactory provisions for treatment have been made.
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9(7) Reports, examinations and inspections
, and all records concerning sexually
10transmitted diseases are confidential and not open to public inspection, and may not
11be divulged except as may be necessary for the preservation of the public health, in
12the course of commitment proceedings under sub. (5), or as provided under s. 938.296
13(4) or 968.38 (4). If a physician, physician assistant, or advanced practice
registered 14nurse
prescriber has reported a case of sexually transmitted disease to the
15department under sub. (4), information regarding the presence of the disease and
16treatment is not privileged when the patient, physician, physician assistant, or
17advanced practice
registered nurse
prescriber is called upon to testify to the facts
18before any court of record.
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19(10) The state laboratory of hygiene shall examine specimens for the diagnosis
20of sexually transmitted diseases for any physician, physician assistant, advanced
21practice
registered nurse
prescriber, or local health officer in the state, and shall
22report the positive results of the examinations to the local health officer and to the
23department. All laboratories performing tests for sexually transmitted diseases
24shall report all positive results to the local health officer and to the department, with
1the name of the physician, physician assistant, or advanced practice
registered nurse
2prescriber to whom reported.
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3Section
48. 252.15 (3m) (d) 11. b. and 13., (5g) (c), (5m) (d) 2. and (e) 2. and 3.
4and (7m) (intro.) and (b) of the statutes are amended to read:
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252.15
(3m) (d) 11. b. The coroner, medical examiner, or appointed assistant
6is investigating the cause of death of the subject of the HIV test and has contact with
7the body fluid of the subject of the HIV test that constitutes a significant exposure,
8if a physician, physician assistant, or advanced practice
registered nurse
prescriber,
9based on information provided to the physician, physician assistant, or advanced
10practice
registered nurse
prescriber, determines and certifies in writing that the
11coroner, medical examiner, or appointed assistant has had a contact that constitutes
12a significant exposure and if the certification accompanies the request for disclosure.