AB438: Bill Text

2025 - 2026 LEGISLATURE

LRB-4577/1

JPC:amn&cjs

2025 ASSEMBLY BILL 438

September 19, 2025 - Introduced by Representatives VanderMeer, Franklin, Donovan, Goeben, Green, Gundrum, Knodl, Maxey, Steffen and Tittl, cosponsored by Senators Cabral-Guevara and Testin. Referred to Committee on Health, Aging and Long-Term Care.

AB438,2,8 An Act to amend 14.835, 15.085 (1m) (b), 15.406 (7) (intro.), 50.39 (3), 111.335 (4) (jm), 440.035 (2m) (b), 440.035 (2m) (c) 1. (intro.), subchapter IX (title) of chapter 448 [precedes 448.971], 448.971 (1), 448.971 (2), 448.972 (1), 448.972 (3), 448.9725 (2), 448.9725 (3), 448.9725 (4) (a), 448.9725 (4) (b), 448.9727 (2) (a) (intro.), 448.9727 (2) (b), 448.9727 (3), 448.973 (1) (b), 448.973 (1) (c) 1., 448.974 (1) (a) (intro.), 448.975 (1) (a) (intro.), 448.975 (1) (b), 448.975 (1) (c), 448.975 (2) (a), 448.975 (2) (b), 448.975 (2) (c) (intro.), 448.975 (2) (c) 5., 448.975 (3) (a) (intro.), 448.975 (3) (a) 1., 448.975 (3) (a) 2., 448.975 (3) (a) 4., 448.975 (3) (b), 448.975 (4), 448.975 (5) (a) 1. b., 448.975 (5) (a) 2., 448.975 (5) (b), 448.975 (6), 448.976, 448.977 (1) (intro.), 448.977 (1) (b), 448.977 (2), 448.977 (3), 448.977 (4), 448.978 (1g) (a), 448.978 (2) (intro.), 448.978 (2) (b), 448.978 (2) (f), 448.978 (2) (m), 448.9785 (intro.), 448.9785 (6), 448.9795 (1), 448.9795 (2), 448.9885 (1) (a), 450.11 (8) (f), 655.002 (1) (a), 655.002 (1) (b), 655.002 (1) (c), 655.002 (1) (d), 655.002 (1) (e), 655.002 (1) (em), 655.002 (2) (a), 655.002 (2) (b), 655.003 (1), 655.003 (3), 655.005 (2) (a), 655.005 (2) (b), 655.23 (5m), 655.27 (3) (a) 4., 655.27 (3) (b) 2m., 655.275 (2) and 990.01 (27s); to create 180.1901 (1m) (bd), 448.9723, 448.975 (2) (ag) and (ar), 448.978 (3), 655.001 (10r) and 655.275 (5) (b) 3. of the statutes; relating to: adopting the title of physician associate for physician assistants, independent practice of certain physician associates, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau

This bill adopts the term “physician associate” for “physician assistant” in the statutes, changes the title of the credentialing board that licenses physician associates to “Physician Associate Affiliated Credentialing Board,” allows physician associates to assume the title “physician associate” in addition to other titles allowed under current law, and allows a physician associate to practice independently from physicians if the physician associate satisfies certain criteria.

Under current law, a physician assistant who provides care to patients may provide the services of a physician assistant only if there is a physician who is primarily responsible for the overall direction and management of the physician assistant’s professional activities and for assuring that the services provided by the physician assistant are medically appropriate or if the physician assistant has entered into a written collaborative agreement with a physician that describes the physician assistant’s individual scope of practice and includes a protocol for identifying an alternative collaborating physician for situations in which the collaborating physician or the physician’s designee is not available for consultation.

To qualify to practice independently under the bill, a physician associate must satisfy certain criteria, including that the physician associate has completed 7,680 hours of clinical practice as a physician associate while practicing with a physician who is primarily responsible for the overall direction and management of the physician associate’s professional activities and for assuring that the services provided by the physician associate are medically appropriate or while practicing under a written collaborative agreement that satisfies the requirements under current law. In order to qualify to practice independently, the physician associate must maintain certain evidence that, during the 7,680 hours of clinical practice, the physician associate maintained a mutual, professional relationship with at least one physician; maintained documentation indicating the relationships the physician associate had with one or more physicians to deal with issues outside of the physician associate’s knowledge, training, or experience; and maintained evidence that he or she was subject to a quality assurance program, peer review process, or other similar program or process that was implemented for and designed to ensure the provision of competent and quality patient care and that also included participation by a physician. The 7,680 hours of clinical practice may include the lawful practice of the physician associate outside this state or the lawful practice of the physician associate in this state prior to the effective date of this bill, the lawful practice of the physician associate as an employee of the federal government as a civilian or as a member of a uniformed service while performing duties incident to that employment or service, including hours of independent practice outside of a supervisory or collaborative relationship with a physician, and any clinical hours completed pursuant to an educational program that qualifies an individual for licensure as a physician assistant under current law.

The bill provides that, regardless of whether a physician associate has qualified to practice independently, a physician associate may provide treatment of pain syndromes through the use of invasive techniques only while practicing with a physician who, through training, education, and experience, specializes in pain management and who either is primarily responsible for the overall direction and management of the physician associate’s professional activities and for assuring that the services provided by the physician associate are medically appropriate or is under a written collaborative agreement with the physician associate. However, the bill provides that a physician associate may provide treatment of pain syndromes through the use of invasive techniques if the physician associate has qualified to practice independently under the bill and provides treatment of pain syndromes through the use of invasive techniques in a hospital or a clinic associated with a hospital. Further, the bill provides that a physician associate may provide treatment of pain syndromes through the use of invasive techniques if the physician associate has qualified to practice independently under the bill and has privileges in a hospital to provide treatment of pain syndromes through the use of invasive techniques without a collaborative relationship with a physician.

Finally, the bill adds physician associates who have qualified to practice independently as mandatory participants in the Injured Patients and Families Compensation Fund. The Injured Patients and Families Compensation Fund provides excess medical malpractice coverage for health care providers who participate in the fund and meet all other participation requirements, which includes maintaining malpractice liability insurance in coverage amounts specified under current law. Under current law, no physician assistant may practice as a physician assistant unless they maintain such medical liability insurance.

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:

AB438,1 Section 1. 14.835 of the statutes is amended to read:

AB438,3,7 14.835 PA licensure compact. There is created a PA licensure compact commission as specified in s. 448.988. The delegate on the commission representing this state shall be appointed by the physician assistant associate affiliated credentialing board as provided in s. 448.988 (7) (b) 1. and shall be an individual described in s. 448.988 (7) (b) 2. a. or b. The commission has the powers and duties granted and imposed under s. 448.988.

AB438,2 Section 2. 15.085 (1m) (b) of the statutes is amended to read:

AB438,3,13 15.085 (1m) (b) The public members of the podiatry affiliated credentialing board, the occupational therapists affiliated credentialing board, the physician assistant associate affiliated credentialing board, and the genetic counselors affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB438,3 Section 3. 15.406 (7) (intro.) of the statutes is amended to read:

AB438,3,19 15.406 (7) Physician assistant associate affiliated credentialing board. (intro.) There is created in the department of safety and professional services, attached to the medical examining board, a physician assistant associate affiliated credentialing board consisting of the following members appointed for staggered 4-year terms:

AB438,4 Section 4. 50.39 (3) of the statutes is amended to read:

AB438,4,8 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physician assistant associate affiliated credentialing board, physical therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

AB438,5 Section 5. 111.335 (4) (jm) of the statutes is amended to read:

AB438,4,13 111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the physician assistant associate affiliated credentialing board to refuse to grant to an individual a compact privilege, as defined in s. 448.988 (2) (b), in accordance with s. 448.988 (4) (a) 3.

AB438,6 Section 6. 180.1901 (1m) (bd) of the statutes is created to read:

AB438,4,16 180.1901 (1m) (bd) Physician associate affiliated credentialing board under subch. IX of ch. 448.

AB438,7 Section 7. 440.035 (2m) (b) of the statutes is amended to read:

AB438,4,23 440.035 (2m) (b) The medical examining board, the physician assistant associate affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.

AB438,8 Section 8. 440.035 (2m) (c) 1. (intro.) of the statutes is amended to read:

AB438,5,5 440.035 (2m) (c) 1. (intro.) The medical examining board, the physician assistant associate affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by November 1 of each year, submit a report to the persons specified in subd. 2. that does all of the following:

AB438,9 Section 9. Subchapter IX (title) of chapter 448 [precedes 448.971] of the statutes is amended to read:

AB438,5,8 CHAPTER 448

AB438,5,11 SUBCHAPTER IX PHYSICIAN ASSISTANT ASSOCIATE AFFILIATED CREDENTIALING BOARD

AB438,10 Section 10. 448.971 (1) of the statutes is amended to read:

AB438,5,14 448.971 (1) “Board” means the physician assistant associate affiliated credentialing board.

AB438,11 Section 11. 448.971 (2) of the statutes is amended to read:

AB438,5,17 448.971 (2) “Physician assistant associate” means a person who is licensed under this subchapter or who holds a compact privilege.

AB438,12 Section 12. 448.972 (1) of the statutes is amended to read:

AB438,6,2 448.972 (1) Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or,” “physician assistant,” or “physician associate,” use or assume the title “PA” or,” “physician assistant,” or “physician associate,” or append to the person’s name the words or letters “physician assistant,” “physician associate,” “PA,” “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant associate, unless he or she is licensed by the board under this subchapter or holds a compact privilege.

AB438,13 Section 13. 448.972 (3) of the statutes is amended to read:

AB438,6,6 448.972 (3) A student who is enrolled in an accredited physician assistant associate educational program may use the title “physician assistant student,” “physician associate student,” “PA student,” or “PA-S.”

AB438,14 Section 14. 448.9723 of the statutes is created to read:

AB438,6,14 448.9723 Use of titles. (1) Except as provided in sub. (2), no person licensed or granted a compact privilege under this subchapter may use, assume, or append to his or her name any title that is not granted under this subchapter unless the person holds another credential, as defined in s. 440.01 (2) (a), that entitles the person to use, assume, or append to his or her name the title or the person is permitted to use, assume, or append to his or her name the title under any law of this state.

AB438,6,22 (2) (a) Subsection (1) does not prohibit a person who holds a doctorate degree from using, assuming, or appending to his or her name the title “doctor” or any other words, letters, or abbreviations that represent that the person holds that degree or the field in which the degree was received. If a person to whom this paragraph applies uses, assumes, or appends to his or her name the title “doctor,” the person shall also use, assume, or append to his or her name words, letters, or abbreviations that represent the field in which the person received the doctorate degree.

AB438,7,2 (b) Subsection (1) does not prohibit a person who holds a bachelor’s degree or master’s degree from using, assuming, or appending to his or her name any words, letters, or abbreviations that represent that the person holds the degree or the field in which the degree was received.

AB438,15 Section 15. 448.9725 (2) of the statutes is amended to read:

AB438,7,15 448.9725 (2) Notwithstanding the requirements of s. 448.9785, a physician assistant associate may provide expedited partner therapy if a patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician assistant associate shall attempt to obtain the name of the patient’s sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient’s sexual partner, if known. If the physician assistant associate is unable to obtain the name of the patient’s sexual partner, the prescription order shall include, in ordinary, bold-faced capital letters, the words, “expedited partner therapy” or the letters “EPT.”

AB438,16 Section 16. 448.9725 (3) of the statutes is amended to read:

AB438,7,20 448.9725 (3) The physician assistant associate shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

AB438,17 Section 17. 448.9725 (4) (a) of the statutes is amended to read:

AB438,8,2 448.9725 (4) (a) Except as provided in par. (b), a physician assistant associate is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

AB438,18 Section 18. 448.9725 (4) (b) of the statutes is amended to read:

AB438,8,7 448.9725 (4) (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician assistant associate whose act or omission involves reckless, wanton, or intentional misconduct.

AB438,19 Section 19. 448.9727 (2) (a) (intro.) of the statutes is amended to read:

AB438,8,10 448.9727 (2) (a) (intro.) A physician assistant associate may do any of the following: