SB515,27,65 2. For purposes of sub. (2) (a) 1. b. and c., that the relationship with and access
6to a collaborating physician or podiatrist by the physician assistant is defined.
SB515,27,87 3. That the requirements and standards of licensure under this chapter are
8complied with.
SB515,27,139 4. That consultation with and referral to other licensed health care providers
10with a scope of practice appropriate for a patient's care needs occurs when the
11patient's care needs exceed the physician assistant's experience, education, or
12training. A physician assistant shall ensure that he or she has awareness of options
13for the management of situations that are beyond the physician assistant's expertise.
SB515,27,1514 (b) A physician assistant is individually and independently responsible for the
15quality of the care he or she renders.
SB515,27,20 16(4) A physician assistant may delegate a care task or order to another clinically
17trained health care worker if the physician assistant is competent to perform the
18delegated task or order and has reasonable evidence that the clinically trained
19health care worker is minimally competent to perform the task or issue the order
20under the circumstances.
SB515,27,22 21(5) The board shall promulgate any rules necessary to implement this section,
22including rules to do any of the following:
SB515,27,2523 (a) Allow for temporary practice, specifically defined and actively monitored by
24the board, in the event of an interruption of a collaborative relationship under sub.
25(2) (a) 1. b. or c.
SB515,28,4
1(b) Allow a physician assistant, in the absence of an employment or
2collaborative relationship under sub. (2) (a) 1., to provide medical care at the scene
3of an emergency, during a declared state of emergency or other disaster, or when
4volunteering at sporting events or at camps.
SB515,28,10 5(6) The practice permissions provided in this section are permissions granted
6by the state authorizing the licensed practice of physician assistants. Nothing in this
7section prohibits an employer, hospital, health plan, or other similar entity
8employing or with a relationship with a licensed physician assistant from
9establishing additional requirements for a licensed physician assistant as a
10condition of employment or relationship.
SB515,28,12 11461.11 Civil liability. No physician assistant shall be liable for any civil
12damages for either of the following:
SB515,28,16 13(1) Reporting in good faith to the department of transportation under s. 146.82
14(3) a patient's name and other information relevant to a physical or mental condition
15of the patient that in the physician assistant's judgment impairs the patient's ability
16to exercise reasonable and ordinary control over a motor vehicle.
SB515,28,20 17(2) In good faith, not reporting to the department of transportation under s.
18146.82 (3) a patient's name and other information relevant to a physical or mental
19condition of the patient that in the physician assistant's judgment does not impair
20the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
SB515,28,24 21461.12 Malpractice liability insurance. (1) Except as provided in subs. (2)
22and (3), no physician assistant may practice as authorized under s. 461.10 unless he
23or she has in effect malpractice liability insurance coverage evidenced by one of the
24following:
SB515,29,2
1(a) Personal liability coverage in the amounts specified for health care
2providers under s. 655.23 (4).
SB515,29,43 (b) Coverage under a group liability policy providing individual coverage for the
4physician assistant in the amounts under s. 655.23 (4).
SB515,29,10 5(2) The board may promulgate rules requiring a practicing physician assistant
6to have in effect malpractice liability insurance coverage in amounts greater than
7those specified in sub. (1) (a) or (b) or (4). If the board promulgates rules under this
8subsection, no physician assistant may practice as authorized under s. 461.10 unless
9he or she has in effect malpractice liability insurance coverage as required under
10those rules, except as provided in sub. (3).
SB515,29,14 11(3) A physician assistant who is a state, county, or municipal employee, or
12federal employee or contractor covered under the federal tort claims act, as amended,
13and who is acting within the scope of his or her employment or contractual duties is
14not required to maintain in effect malpractice insurance coverage.
SB515,29,18 15(4) Except as provided in subs. (2) and (3), a physician assistant may comply
16with sub. (1) if the physician assistant's employer has in effect malpractice liability
17insurance that is at least the minimum amount specified under s. 655.23 (4) and that
18provides coverage for claims against the physician assistant.
SB515,29,21 19461.30 Professional discipline. (1) Subject to the rules promulgated under
20s. 440.03 (1), the board may conduct investigations and hearings to determine
21whether a person has violated this chapter or a rule promulgated under this chapter.
SB515,29,24 22(2) Subject to the rules promulgated under s. 440.03 (1), if a person who applies
23for or holds a license issued under s. 461.07 does any of the following, the board may
24reprimand the person or deny, limit, suspend, or revoke the person's license:
SB515,30,2
1(a) Makes a material misstatement in an application for a license or an
2application for renewal of a license under s. 461.07.
SB515,30,53 (b) Violates any law of this state or federal law that substantially relates to the
4practice of a physician assistant, violates this chapter, or violates a rule promulgated
5under this chapter.
SB515,30,66 (c) Advertises, practices, or attempts to practice under another person's name.
SB515,30,87 (d) Engages in unprofessional conduct. In this paragraph, “unprofessional
8conduct" does not include any of the following:
SB515,30,99 1. Providing expedited partner therapy as described in s. 461.035.
SB515,30,1110 2. Prescribing or delivering an opioid antagonist in accordance with s. 461.037
11(2).
SB515,30,1312 (e) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of
13a felony.
SB515,30,1514 (f) Subject to ss. 111.321, 111.322, and 111.34, practices as a physician assistant
15while his or her ability is impaired by alcohol or other drugs.
SB515,30,1616 (g) Engages in fraud or deceit in obtaining or using his or her license.
SB515,30,1717 (h) Is adjudicated mentally incompetent by a court.
SB515,30,1818 (i) Demonstrates gross negligence, incompetence, or misconduct in practice.
SB515,30,2119 (j) Knowingly, recklessly, or negligently divulges a privileged communication
20or other confidential patient health care information except as required or permitted
21by state or federal law.
SB515,30,2322 (k) Fails to cooperate with the board, or fails to timely respond to a request for
23information by the board, in connection with an investigation under this section.
SB515,30,2524 (L) Prescribes, sells, administers, distributes, orders, or provides a controlled
25substance for a purpose other than a medical purpose.
SB515,31,2
1(m) Demonstrates a lack of physical or mental ability to safely practice as a
2physician assistant.
SB515,31,43 (n) Engages in any practice that is outside the scope of his or her experience,
4education, or training.
SB515,31,65 (o) Is disciplined or has been disciplined by another state or jurisdiction based
6upon acts or conduct similar to acts or conduct prohibited under pars. (a) to (n).
SB515,31,15 7461.40 Informed consent. Any physician assistant who treats a patient shall
8inform the patient about the availability of reasonable alternate medical modes of
9treatment and about the benefits and risks of these treatments. The reasonable
10physician assistant standard is the standard for informing a patient under this
11section. The reasonable physician assistant standard requires disclosure only of
12information that a reasonable physician assistant in the same or a similar medical
13specialty would know and disclose under the circumstances. The physician
14assistant's duty to inform the patient under this section does not require disclosure
15of any of the following:
SB515,31,17 16(1) Detailed technical information that in all probability a patient would not
17understand.
SB515,31,18 18(2) Risks apparent or known to the patient.
SB515,31,20 19(3) Extremely remote possibilities that might falsely or detrimentally alarm
20the patient.
SB515,31,22 21(4) Information in emergencies where failure to provide treatment would be
22more harmful to the patient than treatment.
SB515,31,23 23(5) Information in cases where the patient is incapable of consenting.
SB515,32,3
1(6) Information about alternate medical modes of treatment for any condition
2the physician assistant has not included in his or her diagnosis at the time the
3physician informs the patient.
SB515,32,5 4461.50 Penalties. Any person who violates this chapter is subject to a fine not
5to exceed $10,000 or imprisonment not to exceed 9 months, or both.
SB515,32,11 6461.51 Injunction. If it appears upon complaint to the board by any person
7or if it is known to the board that any person is violating this subchapter, or rules
8adopted by the board under this subchapter, the board or the attorney general may
9investigate and may, in addition to any other remedies, bring action in the name and
10on behalf of the state against any such person to enjoin such person from such
11violation. The attorney general shall represent the board in all proceedings.
SB515,32,15 12461.52 Duty to report. (1)  A physician assistant who has reason to believe
13any of the following about another physician assistant shall promptly submit a
14written report to the board that includes facts relating to the conduct of the other
15physician assistant:
SB515,32,1716 (a) The other physician assistant is engaging or has engaged in acts that
17constitute a pattern of unprofessional conduct.
SB515,32,1918 (b) The other physician assistant is engaging or has engaged in an act that
19creates an immediate or continuing danger to one or more patients or to the public.
SB515,32,2020 (c) The other physician assistant is or may be medically incompetent.
SB515,32,2221 (d) The other physician assistant is or may be mentally or physically unable
22safely to engage in the practice of a physician assistant.
SB515,32,25 23(2) No physician assistant who reports to the board under sub. (1) may be held
24civilly or criminally liable or be found guilty of unprofessional conduct for reporting
25in good faith.
SB515,72
1Section 72. 462.02 (2) (e) of the statutes is amended to read:
SB515,33,22 462.02 (2) (e) A physician assistant licensed under s. 448.04 (1) (f) 461.07.
SB515,73 3Section 73. 462.04 of the statutes is amended to read:
SB515,33,11 4462.04 Prescription or order required. A person who holds a license or
5limited X-ray machine operator permit under this chapter may not use diagnostic
6X-ray equipment on humans for diagnostic purposes unless authorized to do so by
7prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
8under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
9under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician
10assistant licensed under s. 448.04 (1) (f) 461.07, or, subject to s. 448.56 (7) (a), a
11physical therapist licensed under s. 448.53.
SB515,74 12Section 74. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
SB515,33,2413 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician
14assistant,
podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed
15under ch. 446, dentist licensed under ch. 447, physician assistant licensed under ch.
16461,
emergency medical services practitioner licensed under s. 256.15, emergency
17medical responder certified under s. 256.15 (8), registered nurse licensed under ch.
18441, or a massage therapist or bodywork therapist licensed under ch. 460 who
19renders voluntary health care to a participant in an athletic event or contest
20sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
21as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
22agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
23immune from civil liability for his or her acts or omissions in rendering that care if
24all of the following conditions exist:
SB515,75 25Section 75. 961.01 (19) (a) of the statutes is amended to read:
SB515,34,6
1961.01 (19) (a) A physician, advanced practice nurse, dentist, veterinarian,
2podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a , physician
3assistant, or other person licensed, registered, certified or otherwise permitted to
4distribute, dispense, conduct research with respect to, administer , or use in teaching
5or chemical analysis a controlled substance in the course of professional practice or
6research in this state.
SB515,76 7Section 76. 971.14 (4) (a) of the statutes is amended to read:
SB515,34,198 971.14 (4) (a) The court shall cause copies of the report to be delivered forthwith
9to the district attorney and the defense counsel, or the defendant personally if not
10represented by counsel. Upon the request of the sheriff or jailer charged with care
11and control of the jail in which the defendant is being held pending or during a trial
12or sentencing proceeding, the court shall cause a copy of the report to be delivered
13to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the
14person who is responsible for maintaining medical records for inmates of the jail, or
15to a nurse licensed under ch. 441, to a physician assistant licensed under ch. 461, or
16to a physician or physician assistant licensed under subch. II of ch. 448 who is a
17health care provider for the defendant or who is responsible for providing health care
18services to inmates of the jail. The report shall not be otherwise disclosed prior to
19the hearing under this subsection.
SB515,77 20Section 77. 990.01 (27s) of the statutes is created to read:
SB515,34,2321 990.01 (27s) Physician assistant or physician associate. “Physician assistant”
22or “physician associate” means a person licensed as a physician assistant under ch.
23461.
SB515,78 24Section 78 . Chapter Med 8 of the administrative code is repealed.
SB515,79 25Section 79 . Nonstatutory provisions.
SB515,35,1
1(1) Board; appointments.
SB515,35,82 (a) Notwithstanding the length of terms specified for the members of the
3physician assistant examining board under s. 15.405 (4), 3 of the initial members
4under s. 15.405 (4) (a) 1. and the initial member under s. 15.405 (4) (a) 2. shall be
5appointed for terms expiring on July 1, 2021; 3 of the initial members under s. 15.405
6(4) (a) 1. and the initial member under s. 15.405 (4) (a) 3. shall be appointed for terms
7expiring on July 1, 2022; and the remaining initial member under s. 15.405 (4) (a)
81. shall be appointed for a term expiring on July 1, 2023.
SB515,35,169 (b) Notwithstanding s. 15.08 (1), the governor may provisionally appoint initial
10members of the physician assistant examining board under s. 15.405 (4). Those
11provisional appointments remain in force until withdrawn by the governor or acted
12upon by the senate and if confirmed by the senate, shall continue for the remainder
13of the unexpired term, if any, of the member and until a successor is chosen and
14qualifies. A provisional appointee may exercise all the powers and duties of board
15membership to which the person is appointed during the time in which the appointee
16qualifies.
SB515,35,2217 (c) Notwithstanding s. 15.405 (4) (a) 1. and 2., for purposes of an initial
18appointment to the physician assistant examining board made before the date
19specified in Section 80 (intro.) of this act, including any provisional appointment
20made under par. (b), the governor may appoint physician assistants licensed under
21subch. II of ch. 448 to the positions on the board specified under s. 15.405 (4) (a) 1.
22and 2.
SB515,35,2323 (2) Emergency rules.
SB515,36,424 (a) Using the procedure under s. 227.24, the physician assistant examining
25board may promulgate initial rules under ss. 461.05 (1) and 461.10 (5) as emergency

1rules under s. 227.24 to allow for the licensure, discipline, and practice of physician
2assistants. The authority granted under this subsection applies only to rules
3described in this paragraph, and any other emergency rules promulgated by the
4board shall be as provided in, and subject to, s. 227.24.
SB515,36,95 (b) Notwithstanding s. 227.24 (1) (a) and (3), the physician assistant examining
6board is not required to provide evidence that promulgating a rule under this
7subsection as an emergency rule is necessary for the preservation of the public peace,
8health, safety, or welfare and is not required to provide a finding of emergency for a
9rule promulgated under this subsection.
SB515,36,1110 (c) Emergency rules promulgated under this subsection may not take effect
11prior to the date specified in Section 80 (intro.) of this act.
SB515,36,1412 (d) Notwithstanding s. 227.24 (1) (c), emergency rules promulgated under this
13subsection remain in effect for one year, subject to extension under par. (e), or until
14the date on which permanent rules take effect, whichever is sooner.
SB515,37,215 (e) Notwithstanding s. 227.24 (2) (a), the joint committee for review of
16administrative rules may, at any time prior to the expiration date of the emergency
17rule promulgated under this subsection, extend the effective period of the emergency
18rule at the request of the physician assistant examining board for a period specified
19by the committee not to exceed 180 days. Any number of extensions may be granted
20under this paragraph, but the total period for all extensions may not extend beyond
21the expiration date of the emergency rule's statement of scope under s. 227.135 (5).
22Notwithstanding s. 227.24 (2) (b) 1., the physician assistant examining board is not
23required to provide evidence that there is a threat to the public peace, health, safety,
24or welfare that can be avoided only by extension of the emergency rule when making

1a request for an extension under this subsection, but s. 227.24 (2) (am) to (c) shall
2otherwise apply to extensions under this paragraph.
SB515,37,53 (f) If the physician assistant examining board promulgates emergency rules
4under this subsection, the board shall submit a single statement of scope for both
5permanent emergency rules.
SB515,37,66 (3) Board; transfers.
SB515,37,117 (a) Tangible personal property. On the effective date of this paragraph, all
8tangible personal property, including records, of the medical examining board that
9the secretary of safety and professional services determines to be primarily related
10to the regulation of physician assistants is transferred to the physician assistant
11examining board.
SB515,37,1812 (b) Pending matters. Any matter pending with the medical examining board
13on the effective date of this paragraph that is primarily related to the regulation of
14physician assistants, as determined by the secretary of safety and professional
15services, is transferred to the physician assistant examining board. All materials
16submitted to or actions taken by the medical examining board with respect to the
17pending matter are considered as having been submitted to or taken by the physician
18assistant examining board.
SB515,37,2519 (c) Contracts. All contracts entered into by the medical examining board in
20effect on the effective date of this paragraph that are primarily related to the
21regulation of physician assistants, as determined by the secretary of safety and
22professional services, remain in effect and are transferred to the physician assistant
23examining board. The physician assistant examining board shall carry out any
24obligations under such a contract until the contract is modified or rescinded by the
25physician assistant examining board to the extent allowed under the contract.
SB515,38,5
1(d) Assets and liabilities. On the effective date of this paragraph, the assets and
2liabilities of the medical examining board that are primarily related to the regulation
3of physician assistants, as determined by the secretary of safety and professional
4services, become the assets and liabilities of the physician assistant examining
5board.
SB515,38,96 (e) Orders. All orders issued by the medical examining board in effect on the
7effective date of this paragraph that are primarily related to the regulation of
8physician assistants remain in effect until their specified expiration dates or until
9modified or rescinded by the physician assistant examining board.
SB515,80 10Section 80 . Effective dates. This act takes effect on the first day of the 13th
11month beginning after publication, except as follows:
SB515,38,1312 (1) The treatment of s. 15.405 (4) and Section 79 (1) and (2) of this act take effect
13on the day after publication.
SB515,38,1614 (2) Notwithstanding s. 227.265, the treatment of ch. Med 8 of the
15administrative code takes effect on the first day of the 13th month beginning after
16publication.
SB515,38,1717 (End)
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