LRB-3773/2
DAK:jld:rs
2003 - 2004 LEGISLATURE
February 27, 2004 - Introduced by Representatives Huebsch, Hines, Weber,
Freese
and Van Roy, cosponsored by Senators Roessler, Kedzie and Lassa.
Referred to Committee on Public Health.
AB919,1,6 1An Act to amend 165.25 (6) (b), 441.06 (4), 441.10 (3) (c), 441.15 (2) (intro.),
2448.03 (3) (a) (intro.), 448.03 (3) (b) and 448.03 (3) (e); and to create 250.042
3(4), 441.15 (5) (a) 5., 448.03 (2) (p), 450.03 (1) (h), 893.82 (2) (d) 1n. and 895.46
4(5) (am) of the statutes; relating to: designation of state agency status for
5certain health care providers who provide services during a state of emergency
6related to public health.
Analysis by the Legislative Reference Bureau
Under current law, if the governor declares a state of emergency related to
public health and designates the Department of Health and Family Services (DHFS)
as the lead state agency to respond to that emergency, DHFS must act as the public
health authority during the emergency. As such, among other things, DHFS may
compel vaccinations and must consult with local health departments and individual
health providers.
Also under current law, persons are prohibited from practicing or attempting
to practice professional nursing, engaging in the practice of nurse-midwifery,
practicing medicine and surgery, practicing as a physician assistant, or engaging in
the practice of pharmacy, unless licensed or certified, as appropriate. In addition,
with certain exceptions, a person without the appropriate license or certificate may
not hold himself or herself out as a trained, certified, or graduate nurse, a licensed
practical nurse, a doctor of medicine, a doctor of osteopathy, a physician assistant,

or a pharmacist. With certain exceptions, a person may not practice
nurse-midwifery unless he or she has in effect malpractice liability insurance in the
minimum amount specified by DHFS by rule.
Lastly under current law, an individual who has been granted status as a state
agent may be defended by the attorney general in a civil action or other matter before
a court or administrative agency for acts the individual performs during the lawful
course of his or her duties, amounts recoverable in the civil action or other matter are
limited to $250,000, and judgments in the actions or other matters must be paid by
the state after payment under any liability insurance policy possessed by the
individual.
This bill designates as a state agent of DHFS a health care provider who
provides to a health care facility, as defined in the bill, voluntary, unpaid health care
services for which the provider has been licensed or certified or has met certain
requirements. "Health care provider" is defined in the bill to mean an individual
who, at any time within ten years before a state of emergency related to public health
is declared, has met requirements for a nurse's assistant, has been licensed as a
physician, physician assistant, registered nurse, licensed practical nurse,
nurse-midwife, or pharmacist, or has been certified as a respiratory care
practitioner. The state agency status does not apply to a physician, physician
assistant, registered nurse, licensed practical nurse, nurse-midwife, or pharmacist
whose license has, for cause, been revoked, limited, suspended, or denied renewal,
or to a respiratory care practitioner whose certificate has, for cause, been limited,
suspended, or revoked. The bill also excepts the health care providers designated as
state agents from the prohibitions on practicing or attempting to practice without a
license or certificate and from the prohibitions on holding themselves out, without
a license or certificate, as trained, certified, or licensed for performance of services.
For further information see the state and local 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:
AB919, s. 1 1Section 1. 165.25 (6) (b) of the statutes is amended to read:
AB919,2,62 165.25 (6) (b) Volunteer health care providers who provide services under s.
3146.89 or 250.042 (4) are, for the provision of those services, covered by this section
4and shall be considered agents of the department of health and family services for
5purposes of determining which agency head may request the attorney general to
6appear and defend them.
AB919, s. 2 7Section 2. 250.042 (4) of the statutes is created to read:
AB919,3,1
1250.042 (4) (a) In this subsection:
AB919,3,22 1. "Health care facility" has the meaning given in s. 150.84 (2).
AB919,3,93 2. "Health care provider" means an individual who, at any time within 10 years
4before a state of emergency related to public health is declared under s. 166.03 (1)
5(b) 1., has met requirements for a nurse's assistant under s. 146.40 (2) (a), (b), (bm),
6(c), (e), (em), (f), or (g) or has been licensed as a physician or a physician assistant
7under ch. 448, licensed as a registered nurse, licensed practical nurse, or
8nurse-midwife under ch. 441, licensed as a pharmacist under ch. 450, or certified as
9a respiratory care practitioner under ch. 448.
AB919,3,1410 (b) A health care provider who provides to a health care facility, on a voluntary,
11unpaid basis during a state of emergency related to public health, health care
12services for which the health care provider has been licensed or certified or, as a
13nurse's assistant, has met requirements, is, for the provision of these services, a state
14agent of the department for purposes of ss. 165.25 (6), 893.82 (3), and 895.46.
AB919,3,1515 (c) Paragraph (b) does not apply to any of the following:
AB919,3,1716 1. A physician or physician assistant whose license has been limited,
17suspended, or revoked under s. 448.02 (3) (c).
AB919,3,1918 2. A respiratory care practitioner whose certificate has been limited,
19suspended, or revoked under s. 448.02 (3) (c).
AB919,3,2120 3. A registered nurse, licensed practical nurse, or nurse-midwife whose license
21has been revoked, limited, suspended, or denied renewal under s. 441.07 (1).
AB919,3,2322 4. A pharmacist whose license has been revoked, limited, suspended, or denied
23renewal under s. 450.10 (1) (b).
AB919, s. 3 24Section 3. 441.06 (4) of the statutes is amended to read:
AB919,4,9
1441.06 (4) No Except as provided in s. 250.042 (4) (b), no person may practice
2or attempt to practice professional nursing, nor use the title, letters, or anything else
3to indicate that he or she is a registered or professional nurse unless he or she is
4licensed under this section. No Except as provided in s. 250.042 (4) (b), no person not
5so licensed may use in connection with his or her nursing employment or vocation
6any title or anything else to indicate that he or she is a trained, certified or graduate
7nurse. This subsection does not apply to any person who is licensed to practice
8nursing by a jurisdiction, other than this state, that has adopted the nurse licensure
9compact under s. 441.50.
AB919, s. 4 10Section 4. 441.10 (3) (c) of the statutes is amended to read:
AB919,4,2311 441.10 (3) (c) No license is required for practical nursing, but, except as
12provided in s. 250.042 (4) (b),
no person without a license may hold himself or herself
13out as a licensed practical nurse or licensed attendant, use the title or letters
14"Trained Practical Nurse" or "T.P.N.", "Licensed Practical Nurse" or "L.P.N.",
15"Licensed Attendant" or "L.A.", "Trained Attendant" or "T.A.", or otherwise seek to
16indicate that he or she is a licensed practical nurse or licensed attendant. No licensed
17practical nurse or licensed attendant may use the title, or otherwise seek to act as
18a registered, licensed, graduate or professional nurse. Anyone violating this
19subsection shall be subject to the penalties prescribed by s. 441.13. The board shall
20grant without examination a license as a licensed practical nurse to any person who
21was on July 1, 1949, a licensed attendant. This paragraph does not apply to any
22person who is licensed to practice practical nursing by a jurisdiction, other than this
23state, that has adopted the nurse licensure compact under s. 441.50.
AB919, s. 5 24Section 5. 441.15 (2) (intro.) of the statutes is amended to read:
AB919,5,3
1441.15 (2) (intro.) No Except as provided in s. 250.042 (4) (b), no person may
2engage in the practice of nurse-midwifery unless each of the following conditions is
3satisfied:
AB919, s. 6 4Section 6. 441.15 (5) (a) 5. of the statutes is created to read:
AB919,5,65 441.15 (5) (a) 5. The provision of services by a nurse-midwife under s. 250.042
6(4) (b).
AB919, s. 7 7Section 7. 448.03 (2) (p) of the statutes is created to read:
AB919,5,98 448.03 (2) (p) The provision of services by a health care provider under s.
9250.042 (4) (b).
AB919, s. 8 10Section 8. 448.03 (3) (a) (intro.) of the statutes is amended to read:
AB919,5,1311 448.03 (3) (a) (intro.) No Except as provided in s. 250.042 (4) (b), no person may
12use or assume the title "doctor of medicine" or append to the person's name the letters
13"M.D." unless one of the following applies:
AB919, s. 9 14Section 9. 448.03 (3) (b) of the statutes is amended to read:
AB919,5,1715 448.03 (3) (b) No Except as provided in s. 250.042 (4) (b), no person not
16possessing the degree of doctor of osteopathy may use or assume the title "doctor of
17osteopathy" or append to the person's name the letters "D.O.".
AB919, s. 10 18Section 10. 448.03 (3) (e) of the statutes is amended to read:
AB919,5,2419 448.03 (3) (e) No Except as provided in s. 250.042 (4) (b), no person may
20designate himself or herself as a "physician assistant" or use or assume the title
21"physician assistant" or append to the person's name the words or letters "physician
22assistant" or "P.A." or any other titles, letters or designation which represents or may
23tend to represent the person as a physician assistant unless he or she is licensed as
24a physician assistant by the board.
AB919, s. 11 25Section 11. 450.03 (1) (h) of the statutes is created to read:
AB919,6,2
1450.03 (1) (h) The provision of services by a health care provider under s.
2250.042 (4) (b).
AB919, s. 12 3Section 12. 893.82 (2) (d) 1n. of the statutes is created to read:
AB919,6,54 893.82 (2) (d) 1n. A health care provider who provides services under s. 250.042
5(4), for the provision of those services.
AB919, s. 13 6Section 13. 895.46 (5) (am) of the statutes is created to read:
AB919,6,87 895.46 (5) (am) A health care provider who provides services under s. 250.042
8(4).
AB919,6,99 (End)
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