Amendment AA1-AB907

KP/ARG/MED/TJD:all

2017 - 2018 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 907

February 8, 2018 - Offered by Joint Committee on Finance.

AB907-AA1,1,1 At the locations indicated, amend the bill as follows:

AB907-AA1,1,3 1. Page 2, line 2: after “counseling;" insert “providing an exemption from emergency rule procedures;".

AB907-AA1,1,4 2. Page 5, line 13: after “for" insert “graduate".

AB907-AA1,1,6 3. Page 5, line 21: delete the material beginning with that line and ending with page 6, line 2 and substitute:

AB907-AA1,2,6 “49.45 (29z) Buprenorphine prior authorization review. The department shall review its prior authorization policy on buprenorphine-containing products provided to Medical Assistance program recipients. On the first day of the 7th month beginning after the effective date of this subsection .... [LRB inserts date], and every 6 months thereafter, the department shall submit to the standing committees of the legislature with jurisdiction over health under s. 13.172 (3) a report describing the department's findings on the prior authorization policy on buprenorphine-containing products and its progress on eliminating prior authorization requirements for buprenorphine-containing products in populations where removal of prior authorization is appropriate. The department is not required to submit the report under this subsection after the date the prior authorization requirement for use of buprenorphine-containing products by Medical Assistance program recipients is eliminated for all appropriate populations.”.

AB907-AA1,2,9 4. Page 7, line 6: delete “department." and substitute “department; the marriage and family therapy, professional counseling, and social work examining board; or other appropriate credentialing board.".

AB907-AA1,2,10 5. Page 13, line 7: delete lines 7 to 15 and substitute:

AB907-AA1,2,11 “ Section 27m. 457.02 (5) of the statutes is amended to read:

AB907-AA1,2,16 457.02 (5) Authorize any individual who is certified or licensed under this chapter s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) to use the title “alcohol and drug counselor" or “chemical dependency counselor" unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department.

AB907-AA1,28m Section 28m. 457.02 (5m) of the statutes is amended to read:

AB907-AA1,3,2 457.02 (5m) Authorize any individual who is certified or licensed under this chapter s. 457.08 (1), (2), or (3), 457.09 (1), or 457.14 (1) (a) to (c) to treat alcohol or substance dependency or abuse as a specialty unless the individual is a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88, or unless the individual satisfies educational and supervised training requirements established in rules promulgated by the examining board. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying as a certified substance abuse counselor, clinical supervisor, or prevention specialist under s. 440.88.

AB907-AA1,29m Section 29m. 961.385 (2) (cm) 1. (intro.) of the statutes, as created by 2015 Wisconsin Act 266, is amended to read:

AB907-AA1,3,9 961.385 (2) (cm) 1. (intro.) A practitioner, pharmacist, registered nurse licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b), or an individual authorized under s. 457.02 (5m) to treat licensed under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f) who treats alcohol or substance dependency or abuse as a specialty, if any of the following is applicable:”.

AB907-AA1,3,12 6. Page 14, line 14: delete that line and substitute “clinical social worker, marriage and family therapist, or professional counselor license granted under ch. 457, Stats., granted by DSPS.”.

AB907-AA1,3,14 7. Page 14, line 21: delete “credential" and substitute “ clinical social worker, marriage and family therapist, or professional counselor license granted".

AB907-AA1,3,16 8. Page 14, line 22: after “Stats." insert “and knowledgeable in addiction treatment.".

AB907-AA1,3,18 9. Page 17, line 9: delete “treatment staff" and substitute “treatment staff a counselor".

AB907-AA1,3,20 10. Page 20, line 16: delete the material beginning with “(1) Except" and ending with “an" on line 17 and substitute “An”.

AB907-AA1,3,21 11. Page 20, line 19: delete “(a)" and substitute “(1)".

AB907-AA1,3,22 12. Page 20, line 20: delete “(b)" and substitute “(2)".

AB907-AA1,3,23 13. Page 20, line 21: delete “(c)" and substitute “(3)".

AB907-AA1,4,1 14. Page 21, line 1: delete “(d)" and substitute “(4)".

AB907-AA1,4,2 15. Page 21, line 4: delete “1." and substitute “(a)".

AB907-AA1,4,3 16. Page 21, line 5: delete “2." and substitute “(b)".

AB907-AA1,4,4 17. Page 21, line 6: delete “3." and substitute “(c)".

AB907-AA1,4,5 18. Page 21, line 7: delete “4." and substitute “(d)".

AB907-AA1,4,6 19. Page 21, line 8: delete “5." and substitute “(e)".

AB907-AA1,4,7 20. Page 21, line 9: delete “6." and substitute “(f)".

AB907-AA1,4,8 21. Page 21, line 10: delete “7." and substitute “(g)".

AB907-AA1,4,9 22. Page 21, line 10: delete “subds. 1. to 6." and substitute “pars. (a) to (f)".

AB907-AA1,4,10 23. Page 21, line 11: delete “(e)" and substitute “(5)".

AB907-AA1,4,11 24. Page 21, line 13: delete “(f)" and substitute “(6)".

AB907-AA1,4,12 25. Page 21, line 17: delete “1." and substitute “(a)".

AB907-AA1,4,13 26. Page 21, line 19: delete “2." and substitute “(b)".

AB907-AA1,4,14 27. Page 21, line 22: delete “(g)" and substitute “(7)".

AB907-AA1,4,15 28. Page 22, line 1: delete lines 1 to 5.

AB907-AA1,4,17 29. Page 22, line 6: delete the material beginning with “(1) Except" and ending with “an" on line 7 and substitute “An”.

AB907-AA1,4,18 30. Page 22, line 9: delete “(a)" and substitute “(1)".

AB907-AA1,4,19 31. Page 22, line 10: delete “(b)" and substitute “(2)".

AB907-AA1,4,20 32. Page 22, line 11: delete “(c)" and substitute “(3)".

AB907-AA1,4,21 33. Page 22, line 14: delete “(d)" and substitute “(4)".

AB907-AA1,5,1 34. Page 22, line 15: delete “1." and substitute “(a)".

AB907-AA1,5,2 35. Page 22, line 16: delete “2." and substitute “(b)".

AB907-AA1,5,3 36. Page 22, line 19: delete “a." and substitute “1.".

AB907-AA1,5,4 37. Page 22, line 20: delete “b." and substitute “2.".

AB907-AA1,5,5 38. Page 22, line 21: delete “c." and substitute “3.".

AB907-AA1,5,6 39. Page 22, line 22: delete “d." and substitute “4.".

AB907-AA1,5,7 40. Page 22, line 23: delete “e." and substitute “5.".

AB907-AA1,5,8 41. Page 22, line 24: delete “f." and substitute “6.".

AB907-AA1,5,9 42. Page 22, line 25: delete “g." and substitute “7.".

AB907-AA1,5,10 43. Page 22, line 25: delete “subds. 2. a. to f." and substitute “subds. 1. to 6.".

AB907-AA1,5,11 44. Page 23, line 1: delete “(e)" and substitute “(5)".

AB907-AA1,5,12 45. Page 23, line 3: delete “(f)" and substitute “(6)".

AB907-AA1,5,13 46. Page 23, line 5: delete “(g)" and substitute “(7)".

AB907-AA1,5,14 47. Page 23, line 10: delete “(h)" and substitute “(8)".

AB907-AA1,5,15 48. Page 23, line 14: delete lines 14 to 18.

AB907-AA1,5,17 49. Page 24, line 2: delete “under ch. 457," and substitute “licensed under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f),".

AB907-AA1,5,19 50. Page 24, line 5: delete “credential under ch. 457," and substitute “license under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f),".

AB907-AA1,5,21 51. Page 24, line 14: delete “credential under ch. 457," and substitute “license under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f),".

AB907-AA1,5,22 52. Page 24, line 15: delete “2 years" and substitute “at least one year".

AB907-AA1,6,3 53. Page 24, line 17: delete the material beginning with “credential" and ending with “ch. 457," on line 18 and substitute “license under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f),”.

AB907-AA1,6,4 54. Page 30, line 18: delete that line and substitute:

AB907-AA1,6,6 “c. A license under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f), Stats.”.

AB907-AA1,6,9 55. Page 32, line 13: delete the material beginning with “credential" and ending with “457," on line 14 and substitute “license granted under s. 457.08 (4), 457.10, 457.11, 457.12, 457.13, or 457.14 (1) (d) to (f),”.

AB907-AA1,6,10 56. Page 35, line 17: after that line insert:

AB907-AA1,6,11 “ Section 65m. Nonstatutory provisions.

AB907-AA1,6,21 (1m) The medical examining board may use the procedure under section 227.24 of the statutes to promulgate rules under section 448.40 (2) (ck) and (cm) of the statutes that are necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until May 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB907-AA1,7,7 (2m) The board of nursing may use the procedure under section 227.24 of the statutes to promulgate rules under section 441.16 (3) (d) of the statutes that are necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until May 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB907-AA1,7,17 (3m) The dentistry examining board may use the procedure under section 227.24 of the statutes to promulgate rules under section 447.02 (2) (k) of the statutes that are necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until May 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB907-AA1,8,2 (4m) The podiatry affiliated credentialing board may use the procedure under section 227.24 of the statutes to promulgate rules under section 448.665 (1) (b) of the statutes that are necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until May 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB907-AA1,8,12 (5m) The optometry examining board may use the procedure under section 227.24 of the statutes to promulgate rules under section 449.06 (2m) (b) of the statutes that are necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until May 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the examining board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.”.

AB907-AA1,8,13 57. Page 36, line 7: after that line insert:

AB907-AA1,8,18 “(1m) The treatment of sections 441.16 (3) (d), 447.02 (2) (k), 447.056 (1) (intro.), 448.07 (1) (d), 448.13 (1) (a) 3. and (4), 448.20 (3) (c), and 448.40 (2) (ck) and (cm) of the statutes, the renumbering and amendment of sections 448.665 and 449.06 (2m) of the statutes, and the creation of sections 448.665 (1) (b) and 449.06 (2m) (b) of the statutes take effect on the first day of the 10th month beginning after publication.”.

AB907-AA1,8,19 (End)