2019 - 2020 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 515
February 11, 2020 - Offered by Senator Bernier.
1An Act to repeal
15.407 (2), 50.01 (4p), 252.01 (5), 448.01 (6), 448.03 (1) (b), 2
448.03 (3) (e), 448.04 (1) (f), 448.05 (5), 448.20, 448.21, 448.40 (2) (f) and 450.01 3
(15r); to renumber
448.970, subchapter VIII of chapter 448 [precedes 448.980] 4
and subchapter IX of chapter 448 [precedes 448.985]; to amend
15.08 (1m) (b), 5
15.085 (1m) (b), 16.417 (1) (e) 3m., 46.03 (44), 48.981 (2m) (b) 1., 49.45 (9r) (a) 6
7. a., 50.08 (2), 50.39 (3), 55.14 (8) (b), 69.01 (6g), 70.47 (8) (intro.), 97.67 (5m) 7
(a) 3., 118.2925 (1) (f), 146.81 (1) (d), 146.82 (3) (a), 146.89 (1) (r) 1., 146.997 (1) 8
(d) 5., 255.07 (1) (d), 343.16 (5) (a), 440.035 (2m) (b), 440.035 (2m) (c) 1. (intro.), 9
448.015 (4) (am) 2., 448.02 (1), 448.03 (2) (a), 448.03 (2) (e), 448.03 (2) (k), 448.03 10
(5) (b), 448.035 (2) to (4), 448.037 (2) (a) (intro.) and (b) and (3), 448.62 (7), 11
448.695 (4) (a) and (b), 450.01 (16) (hm) 3., 450.11 (1), 450.11 (1g) (b), 450.11 (1i) 12
(a) 1., 450.11 (1i) (b) 2. c., 450.11 (1i) (c) 2., 450.11 (8) (b), 462.02 (2) (e), 462.04, 13
961.01 (19) (a) and 971.14 (4) (a); and to create
15.406 (7), 49.45 (9r) (a) 7. e.,
69.18 (1) (ck), 146.81 (1) (eu), subchapter VIII of chapter 448 [precedes 448.971], 2
450.11 (1i) (b) 2. cm., 450.11 (8) (f) and 990.01 (27s) of the statutes; relating to:
3regulation of physician assistants, creating the Physician Assistant Affiliated
4Credentialing Board, extending the time limit for emergency rule procedures,
5providing an exemption from emergency rule procedures, granting
6rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This substitute amendment differs from 2019 Senate Bill 515 in the following
1. The substitute amendment creates the Physician Assistant Affiliated
Credentialing Board attached to the Medical Examining Board, instead of creating
the Physician Assistant Examining Board. As with other affiliated credentialing
boards attached to the Medical Examining Board, the Physician Assistant Affiliated
Credentialing Board must submit any proposed permanent administrative rules to
the Medical Examining Board, consider any comments from the Medical Examining
Board, and include in its final rules submitted to the legislature any comments on
the proposed rule submitted by the Medical Examining Board.
2. The substitute amendment adds additional requirements and stipulations
for written collaborative agreements between physician assistants and physicians.
3. The substitute amendment includes an express prohibition against the
Physician Assistant Affiliated Credentialing Board promulgating any rules that
would permit a broader scope of practice than that which may be exercised in
accordance with the other provisions in the bill and requires the Physician Assistant
Affiliated Credentialing Board to revise a proposed permanent rule that the Medical
Examining Board determines would do so.
4. The substitute amendment requires that a physician assistant working with
a podiatrist practice under the supervision and direction of the podiatrist, as under
current law, instead of under the provisions in the bill. The substitute amendment
retains authority for the Podiatry Affiliated Credentialing Board to establish
practice standards for physician assistants practicing under podiatrists and
requirements for podiatrists supervising physician assistants and retains a
limitation that a physician assistant acting under the supervision and direction of
a podiatrist be limited to providing nonsurgical patient services.
5. The substitute amendment deletes references to “physician associates" and
“associate physicians" for purposes of a provision restricting the use of titles.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.08 (1m) (b) of the statutes is amended to read:
(b) The public members of the chiropractic examining board, the 3
dentistry examining board, the hearing and speech examining board, the medical 4
examining board, the physical therapy examining board, the
examining council, the
respiratory care practitioners examining council and council
6on physician assistants
, the board of nursing, the nursing home administrator 7
examining board, the veterinary examining board, the optometry examining board, 8
the pharmacy examining board, the marriage and family therapy, professional 9
counseling, and social work examining board, the psychology examining board, and 10
the radiography examining board shall not be engaged in any profession or 11
occupation concerned with the delivery of physical or mental health care.
15.085 (1m) (b) of the statutes is amended to read:
(b) The public members of the podiatry affiliated credentialing 14
board or, the
occupational therapists affiliated credentialing board, and the
15physician assistant affiliated credentialing board
shall not be engaged in any 16
profession or occupation concerned with the delivery of physical or mental health 17
15.406 (7) of the statutes is created to read:
15.406 (7) Physician assistant affiliated credentialing board.
There is 20
created in the department of safety and professional services, attached to the medical
examining board, a physician assistant affiliated credentialing board consisting of 2
the following members appointed for staggered 4-year terms:
(a) Eight physician assistants licensed under subch. VIII of ch. 448.
(b) One public member.
15.407 (2) of the statutes is repealed.
16.417 (1) (e) 3m. of the statutes is amended to read:
(e) 3m. A physician assistant who is licensed under s. 448.04 (1) (f) 8448.974
46.03 (44) of the statutes is amended to read:
46.03 (44) Sexually transmitted disease treatment information.
Prepare and 11
keep current an information sheet to be distributed to a patient by a physician, 12
physician assistant, or certified advanced practice nurse prescriber providing 13
expedited partner therapy to that patient under s. 448.035 or 448.9725
. The 14
information sheet shall include information about sexually transmitted diseases and 15
their treatment and about the risk of drug allergies. The information sheet shall also 16
include a statement advising a person with questions about the information to 17
contact his or her physician, pharmacist, or local health department, as defined in 18
s. 250.01 (4).
48.981 (2m) (b) 1. of the statutes is amended to read:
(b) 1. “Health care provider" means a physician, as defined under 21
s. 448.01 (5), a physician assistant, as defined under s. 448.01 (6) 448.971 (3)
, or a 22
nurse holding a license under s. 441.06 (1) or a license under s. 441.10.
49.45 (9r) (a) 7. a. of the statutes is amended to read:
(a) 7. a. A physician or physician assistant
licensed under subch. II 25
of ch. 448.
49.45 (9r) (a) 7. e. of the statutes is created to read:
(a) 7. e. A physician assistant licensed under subch. VIII of ch. 448.
50.01 (4p) of the statutes is repealed.
50.08 (2) of the statutes is amended to read:
A physician, an advanced practice nurse prescriber certified under 6
s. 441.16 (2), or a physician assistant licensed under ch. 448,
who prescribes a 7
psychotropic medication to a nursing home resident who has degenerative brain 8
disorder shall notify the nursing home if the prescribed medication has a boxed 9
warning under 21 CFR 201.57
50.39 (3) of the statutes is amended to read:
Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 12
252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional 13
institutions governed by the department of corrections under s. 301.02, and the 14
offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 15
are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights 16
of the medical examining board, physician assistant affiliated credentialing board, 17
physical therapy examining board, podiatry affiliated credentialing board, dentistry 18
examining board, pharmacy examining board, chiropractic examining board, and 19
board of nursing in carrying out their statutory duties and responsibilities.
55.14 (8) (b) of the statutes is amended to read:
(b) Order the individual to comply with the treatment plan under par. 22
(a). The order shall provide that if the individual fails to comply with provisions of 23
the treatment plan that require the individual to take psychotropic medications, the 24
medications may be administered involuntarily with consent of the guardian. The 25
order shall specify the methods of involuntary administration of psychotropic
medication to which the guardian may consent. An order authorizing the forcible 2
restraint of an individual shall specify that a person licensed under s. 441.06, 441.10, 3or
448.05 (2) or (5), or 448.974
shall be present at all times that psychotropic 4
medication is administered in this manner and shall require the person or facility 5
using forcible restraint to maintain records stating the date of each administration, 6
the medication administered, and the method of forcible restraint utilized.
69.01 (6g) of the statutes is amended to read:
“Date of death" means the date that a person is pronounced dead by 9
a physician, coroner, deputy coroner, medical examiner, deputy medical examiner, 10physician assistant,
or hospice nurse.
69.18 (1) (ck) of the statutes is created to read:
(ck) For purposes of preparation of the certificate of death and in 13
accordance with accepted medical standards, a physician assistant who is directly 14
involved with the care of a patient who dies may pronounce the date, time, and place 15
of the patient's death.
70.47 (8) (intro.) of the statutes is amended to read:
70.47 (8) Hearing.
(intro.) The board shall hear upon oath all persons who 18
appear before it in relation to the assessment. Instead of appearing in person at the 19
hearing, the board may allow the property owner, or the property owner's 20
representative, at the request of either person, to appear before the board, under 21
oath, by telephone or to submit written statements, under oath, to the board. The 22
board shall hear upon oath, by telephone, all ill or disabled persons who present to 23
the board a letter from a physician, osteopath
, physician assistant, as defined in s.
or advanced practice nurse prescriber certified under s. 441.16 (2) that 25
confirms their illness or disability. At the request of the property owner or the
property owner's representative, the board may postpone and reschedule a hearing 2
under this subsection, but may not postpone and reschedule a hearing more than 3
once during the same session for the same property. The board at such hearing shall 4
proceed as follows:
97.67 (5m) (a) 3. of the statutes is amended to read:
(a) 3. A physician assistant licensed under subch. II VIII
of ch. 448.
118.2925 (1) (f) of the statutes is amended to read: