SB232: Bill Text

SB232, s. 11 Section 11. 252.07 (9) (c) of the statutes is amended to read:

SB232,7,11 252.07 (9) (c) If the court orders confinement of an individual under this subsection, the individual shall remain confined until the department or local health officer, with the concurrence of a treating physician or an advanced practice nurse prescriber, determines that treatment is complete or that the individual is no longer a substantial threat to himself or herself or to the public health. If the individual is to be confined for more than 6 months, the court shall review the confinement every 6 months.

SB232, s. 12 Section 12. 252.11 (1m) of the statutes is amended to read:

SB232,7,22 252.11 (1m) A physician, an advanced practice nurse prescriber, or other another health care professional called to attend a person infected with any form of sexually transmitted disease, as specified in rules promulgated by the department, shall report the disease to the local health officer and to the department in the manner directed by the department in writing on forms furnished by the department. A physician or advanced practice nurse prescriber may treat a minor infected with a sexually transmitted disease or examine and diagnose a minor for the presence of such a disease without obtaining the consent of the minor's parents or guardian. The physician or advanced practice nurse prescriber shall incur no civil liability solely by reason of the lack of consent of the minor's parents or guardian.

SB232, s. 13 Section 13. 252.11 (2) of the statutes is amended to read:

SB232,8,9 252.11 (2) An officer of the department or a local health officer having knowledge of any reported or reasonably suspected case or contact of a sexually transmitted disease for which no appropriate treatment is being administered, or of an actual contact of a reported case or potential contact of a reasonably suspected case, shall investigate or cause the case or contact to be investigated as necessary. If, following a request of an officer of the department or a local health officer, a person reasonably suspected of being infected with a sexually transmitted disease refuses or neglects examination by a physician or by an advanced practice nurse prescriber or treatment, an officer of the department or a local health officer may proceed to have the person committed under sub. (5) to an institution or system of care for examination, treatment or observation.

SB232, s. 14 Section 14. 252.11 (4) of the statutes is amended to read:

SB232,8,16 252.11 (4) If a person infected with a sexually transmitted disease ceases or refuses treatment before reaching what in the a physician's or an advanced practice nurse prescriber's opinion is the noncommunicable stage, the physician or advanced practice nurse prescriber shall notify the department. The department shall without delay take the necessary steps to have the person committed for treatment or observation under sub. (5), or shall notify the local health officer to take these steps.

SB232, s. 15 Section 15. 252.11 (5) of the statutes is amended to read:

SB232,9,9 252.11 (5) Any court of record may commit a person infected with a sexually transmitted disease to any institution or may require the person to undergo a system of care for examination, treatment, or observation if the person ceases or refuses examination, treatment, or observation under the supervision of a physician or an advanced practice nurse prescriber. The court shall summon the person to appear on a date at least 48 hours, but not more than 96 hours, after service if an officer of the department or a local health officer petitions the court and states the facts authorizing commitment. If the person fails to appear or fails to accept commitment without reasonable cause, the court may cite the person for contempt. The court may issue a warrant and may direct the sheriff, any constable, or any police officer of the county immediately to arrest the person and bring the person to court if the court finds that a summons will be ineffectual. The court shall hear the matter of commitment summarily. Commitment under this subsection continues until the disease is no longer communicable or until other provisions are made for treatment that satisfy the department. The certificate of the petitioning officer is prima facie evidence that the disease is no longer communicable or that satisfactory provisions for treatment have been made.

SB232, s. 16 Section 16. 252.11 (7) of the statutes is amended to read:

SB232,9,19 252.11 (7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and shall not be divulged except as may be necessary for the preservation of the public health, in the course of commitment proceedings under sub. (5), or as provided under s. 938.296 (4) or (5) or 968.38 (4) or (5). If a physician or an advanced practice nurse prescriber has reported a case of sexually transmitted disease to the department under sub. (4), information regarding the presence of the disease and treatment is not privileged when the patient or, physician, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.

SB232, s. 17 Section 17. 252.11 (10) of the statutes is amended to read:

SB232,9,25 252.11 (10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician, advanced practice nurse prescriber, or local health officer in the state, and shall report the positive results of the examinations to the local health officer and to the department. All laboratories performing tests for sexually transmitted diseases shall report all positive results to the local health officer and to the department, with the name of the physician or advanced practice nurse prescriber to whom reported.

SB232, s. 18 Section 18. 252.12 (2) (a) 3. (intro.) of the statutes is amended to read:

SB232,10,13 252.12 (2) (a) 3. `Statewide public education campaign.' (intro.) The department shall promote public awareness of the risk of contracting HIV and related infections and measures for HIV and related infections protection by development and distribution of information through clinics providing family planning services, as defined in s. 253.07 (1) (b), offices of physicians and advanced practice nurse prescribers and clinics for sexually transmitted diseases and by newsletters, public presentations or other releases of information to newspapers, periodicals, radio and television stations and other public information resources. The information shall be targeted at individuals whose behavior puts them at risk of contracting HIV and related infections and shall encompass the following topics:

SB232, s. 19 Section 19. 252.15 (2) (a) 7. ak. of the statutes is amended to read:

SB232,11,2 252.15 (2) (a) 7. ak. A physician or an advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the affected person has been significantly exposed. The certification shall accompany the request for testing and disclosure. If the affected person who is significantly exposed is a physician or an advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician or an advanced practice nurse prescriber to document the occurrence of a significant exposure and the physician's or advanced practice nurse prescriber's certification that an affected person has been significantly exposed, under this subd. 7. ak., shall be provided on a report form that is developed by the department of commerce under s. 101.02 (19) (a) or on a report form that the department of commerce determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

SB232, s. 20 Section 20. 252.15 (5) (a) 11. of the statutes is amended to read:

SB232,11,11 252.15 (5) (a) 11. To a person, including a person exempted from civil liability under the conditions specified under s. 895.48, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim, if a physician or an advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed and if the certification accompanies the request for disclosure.

SB232, s. 21 Section 21. 252.15 (5) (a) 12. b. of the statutes is amended to read:

SB232,11,19 252.15 (5) (a) 12. b. The coroner, medical examiner , or appointed assistant is significantly exposed to a person whose death is under direct investigation by the coroner, medical examiner, or appointed assistant, if a physician or an advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the coroner, medical examiner, or appointed assistant has been significantly exposed and if the certification accompanies the request for disclosure.

SB232, s. 22 Section 22. 252.15 (5) (a) 14. of the statutes is amended to read:

SB232,11,25 252.15 (5) (a) 14. If the test results of a test administered to an individual are positive and the individual is deceased, by the individual's attending physician or advanced practice nurse prescriber, to persons, if known to the physician or advanced practice nurse prescriber, with whom the individual has had sexual contact or has shared intravenous drug use paraphernalia.

SB232, s. 23 Section 23. 252.15 (5m) (a) of the statutes is amended to read:

SB232,12,13 252.15 (5m) (a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48, who renders to the victim of an emergency or accident emergency care during the course of which the emergency caregiver is significantly exposed to the emergency or accident victim and the emergency or accident victim subsequently dies prior to testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV , and; if a physician or an advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the emergency caregiver has been significantly exposed ; and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the coroner, medical examiner , or physician who certifies the victim's cause of death under s. 69.18 (2) (b), (c) or (d).

SB232, s. 24 Section 24. 252.15 (5m) (b) of the statutes is amended to read:

SB232,12,25 252.15 (5m) (b) If a funeral director, coroner, medical examiner, or appointed assistant to a coroner or medical examiner who prepares the corpse of a decedent for burial or other disposition or a person who performs an autopsy or assists in performing an autopsy is significantly exposed to the corpse, and if a physician or an advanced practice nurse prescriber, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the funeral director, coroner, medical examiner, or appointed assistant has been significantly exposed and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the attending physician or the attending advanced practice nurse prescriber of the funeral director, coroner, medical examiner, or appointed assistant who is so exposed.

SB232, s. 25 Section 25. 252.15 (5m) (c) of the statutes is amended to read:

SB232,13,12 252.15 (5m) (c) If a health care provider or an agent or employee of a health care provider is significantly exposed to the corpse or to a patient who dies subsequent to the exposure and prior to testing for the presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV, and if a physician or an advanced practice nurse prescriber who is not the health care provider, based on information provided to the physician or advanced practice nurse prescriber, determines and certifies in writing that the health care provider, agent or employee has been significantly exposed and if the certification accompanies the request for testing and disclosure. Testing of a corpse under this paragraph shall be ordered by the physician or advanced practice nurse prescriber who certifies that the significant exposure has occurred.

SB232, s. 26 Section 26. 252.15 (7m) (intro.) of the statutes is amended to read:

SB232,13,20 252.15 (7m) Reporting of persons significantly exposed. (intro.) If a positive, validated test result is obtained from a test subject, the test subject's physician or advanced practice nurse prescriber who maintains a record of the test result under sub. (4) (c) may report to the state epidemiologist the name of any person known to the physician or advanced practice nurse prescriber to have been significantly exposed to the test subject, only after the physician or advanced practice nurse prescriber has done all of the following:

SB232, s. 27 Section 27. 252.15 (7m) (b) of the statutes is amended to read:

SB232,13,24 252.15 (7m) (b) Notified the test subject that the name of any person known to the physician or advanced practice nurse prescriber to have been significantly exposed to the test subject will be reported to the state epidemiologist.

SB232, s. 28 Section 28. 252.16 (3) (c) (intro.) of the statutes is amended to read:

SB232,14,3 252.16 (3) (c) (intro.) Has submitted to the department a certification from a physician, as defined in s. 448.01 (5), or from an advanced practice nurse prescriber of all of the following:

SB232, s. 29 Section 29. 252.17 (3) (c) (intro.) of the statutes is amended to read:

SB232,14,7 252.17 (3) (c) (intro.) Has submitted to the department a certification from a physician, as defined in s. 448.01 (5), or from an advanced practice nurse prescriber of all of the following:

SB232, s. 30 Section 30. 252.18 of the statutes is amended to read:

SB232,14,21 252.18 Handling foods. No person in charge of any public eating place or other establishment where food products to be consumed by others are handled may knowingly employ any person handling food products who has a disease in a form that is communicable by food handling. If required by the local health officer or any officer of the department for the purposes of an investigation, any person who is employed in the handling of foods or is suspected of having a disease in a form that is communicable by food handling shall submit to an examination by the officer or by a physician or advanced practice nurse prescriber designated by the officer. The expense of the examination, if any, shall be paid by the person examined. Any person knowingly infected with a disease in a form that is communicable by food handling who handles food products to be consumed by others and any persons knowingly employing or permitting such a person to handle food products to be consumed by others shall be punished as provided by s. 252.25.

SB232, s. 31 Section 31. 252.23 (5) of the statutes is amended to read:

SB232,15,2 252.23 (5) Exception. This section does not apply to a dentist who is licensed under s. 447.03 (1) or, to a physician , or to an advanced practice nurse prescriber who tattoos or offers to tattoo a person in the course of the dentist's or physician's professional practice of the dentist, physician, or advanced practice nurse prescriber.

SB232, s. 32 Section 32. 252.24 (5) of the statutes is amended to read:

SB232,15,8 252.24 (5) Exception. This section does not apply to a dentist who is licensed under s. 447.03 (1) or, to a physician , or to an advanced practice nurse prescriber who pierces the body of or offers to pierce the body of a person in the course of the dentist's or physician's professional practice of the dentist, physician, or advanced practice nurse prescriber.

SB232, s. 33 Section 33. 343.16 (5) (a) of the statutes is amended to read:

SB232,16,6 343.16 (5) (a) The secretary may require any applicant for a license or any licensed operator to submit to a special examination by such persons or agencies as the secretary may direct to determine incompetency, physical or mental disability, disease or any other condition which might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. When the department requires the applicant to submit to an examination, the applicant shall pay the cost thereof. If the department receives an application for a renewal or duplicate license after voluntary surrender under s. 343.265 or receives a report from a physician, advanced practice nurse prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests within a one-year period for any combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the department shall determine, by interview or otherwise, whether the operator should submit to an examination under this section. The examination may consist of an assessment. If the examination indicates that education or treatment for a disability, disease or condition concerning the use of alcohol, a controlled substance or a controlled substance analog is appropriate, the department may order a driver safety plan in accordance with s. 343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the department shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q) (d).

SB232, s. 34 Section 34. 441.06 (title) of the statutes is amended to read:

SB232,16,8 441.06 (title) Licensure; civil liability exemption exemptions.

SB232, s. 35 Section 35. 441.06 (7) of the statutes is created to read:

SB232,16,11 441.06 (7) No person certified as an advanced practice nurse prescriber under s. 441.16 (2) is liable for civil damages for any of the following:

SB232,16,15 (a) Reporting in good faith to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the advanced practice nurse prescriber's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

SB232,16,20 (b) In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the advanced practice nurse prescriber's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

SB232, s. 36 Section 36. 448.56 (1) of the statutes is amended to read:

SB232,17,10 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

SB232, s. 37 Section 37. 448.56 (1m) (b) of the statutes, as created by 2001 Wisconsin Act 70, is amended to read:

SB232,17,17 448.56 (1m) (b) The affiliated credentialing board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, chiropractor, dentist, or podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

SB232, s. 38 Section 38. 448.67 (2) of the statutes is amended to read:

SB232,18,3 448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee who renders any podiatric service or assistance whatever, or gives any podiatric advice or any similar advice or assistance whatever, to any patient, podiatrist, physician, advanced practice nurse prescriber certified under s. 441.16 (2), partnership or corporation, or to any other institution or organization of any kind, including a hospital, for which a charge is made to a patient, shall, except as authorized by Title 18 or Title 19 of the federal Social Security Act, render an individual statement or account of the charge directly to the patient, distinct and separate from any statement or account by any other podiatrist, physician, advanced practice nurse prescriber, or other person.

SB232, s. 39 Section 39. 450.01 (1m) of the statutes is created to read:

SB232,18,6 450.01 (1m) "Advanced practice nurse prescriber" means an advanced practice nurse who is certified under s. 441.16 (2) to issue prescription orders.

SB232, s. 40 Section 40. 450.01 (16) (h) of the statutes is amended to read:

SB232,18,12 450.01 (16) (h) Making therapeutic alternate drug selections in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of a hospital and approved by the hospital's medical staff and by an individual physician or advanced practice nurse prescriber for his or her patients for the period of each patient's stay within the hospital.

SB232, s. 41 Section 41. 450.11 (7) (b) of the statutes is amended to read:

SB232,18,16 450.11 (7) (b) Information communicated to a physician or an advanced practice nurse prescriber in an effort to procure unlawfully a prescription drug or the administration of a prescription drug is not a privileged communication.

SB232, s. 42 Section 42. 450.11 (8) (e) of the statutes is created to read:

SB232,18,19 450.11 (8) (e) The board of nursing, insofar as this section applies to advanced practice nurse prescribers.

SB232, s. 43 Section 43. 450.13 (5) of the statutes is amended to read:

SB232,19,2 450.13 (5) Use of drug product equivalent in hospitals. Subsections (1) to (4) do not apply to a pharmacist who dispenses a drug product equivalent that is prescribed for a patient in a hospital if the pharmacist dispenses the drug product equivalent in accordance with written guidelines or procedures previously established by a pharmacy and therapeutics committee of the hospital and approved by the hospital's medical staff and by the patient's individual physician or advanced practice nurse prescriber for the period of the patient's stay within the hospital.

SB232, s. 44 Section 44. Effective dates. This act takes effect on the day after publication, except as follows:

SB232,19,6 (1) The treatment of section 448.56 (1m) (b) of the statutes takes effect on April 1, 2004.

SB232,19,7 (End)