SB354,14,3
1252.17 (3) (c) (intro.) Has submitted to the department a certification from a
2physician, as defined in s. 448.01 (5), advanced practice nurse prescriber, or
3physician assistant
of all of the following:
SB354, s. 31 4Section 31. 252.18 of the statutes is amended to read:
SB354,14,17 5252.18 Handling foods. No person in charge of any public eating place or
6other establishment where food products to be consumed by others are handled may
7knowingly employ any person handling food products who has a disease in a form
8that is communicable by food handling. If required by the local health officer or any
9officer of the department for the purposes of an investigation, any person who is
10employed in the handling of foods or is suspected of having a disease in a form that
11is communicable by food handling shall submit to an examination by the officer or
12by a physician, advanced practice nurse prescriber, or physician assistant
13designated by the officer. The expense of the examination, if any, shall be paid by the
14person examined. Any person knowingly infected with a disease in a form that is
15communicable by food handling who handles food products to be consumed by others
16and any persons knowingly employing or permitting such a person to handle food
17products to be consumed by others shall be punished as provided by s. 252.25.
SB354, s. 32 18Section 32. 343.16 (5) (a) of the statutes is amended to read:
SB354,15,1719 343.16 (5) (a) The secretary may require any applicant for a license or any
20licensed operator to submit to a special examination by such persons or agencies as
21the secretary may direct to determine incompetency, physical or mental disability,
22disease, or any other condition which that might prevent such applicant or licensed
23person from exercising reasonable and ordinary control over a motor vehicle. When
24If the department requires the applicant to submit to an examination, the applicant
25shall pay for the cost thereof examination. If the department receives an application

1for a renewal or duplicate license after voluntary surrender under s. 343.265 or
2receives a report from a physician, advanced practice nurse prescriber certified
3under s. 441.16 (2), physician assistant, as defined in s. 448.01 (6),
or optometrist
4under s. 146.82 (3), or if the department has a report of 2 or more arrests within a
5one-year period for any combination of violations of s. 346.63 (1) or (5) or a local
6ordinance in conformity therewith with s. 346.63 (1) or (5) or a law of a federally
7recognized American Indian tribe or band in this state in conformity with s. 346.63
8(1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09
9where the offense involved the use of a vehicle, the department shall determine, by
10interview or otherwise, whether the operator should submit to an examination under
11this section. The examination may consist of an assessment. If the examination
12indicates that education or treatment for a disability, disease or condition concerning
13the use of alcohol, a controlled substance or a controlled substance analog is
14appropriate, the department may order a driver safety plan in accordance with s.
15343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the
16department shall revoke the person's operating privilege in the manner specified in
17s. 343.30 (1q) (d).
SB354, s. 33 18Section 33. 441.06 (title) of the statutes is amended to read:
SB354,15,19 19441.06 (title) Licensure; civil liability exemption exemptions.
SB354, s. 34 20Section 34. 441.06 (7) of the statutes is created to read:
SB354,15,2221 441.06 (7) No person certified as an advanced practice nurse prescriber under
22s. 441.16 (2) is liable for civil damages for any of the following:
SB354,16,223 (a) Reporting in good faith to the department of transportation under s. 146.82
24(3) a patient's name and other information relevant to a physical or mental condition

1of the patient that in the advanced practice nurse prescriber's judgment impairs the
2patient's ability to exercise reasonable and ordinary control over a motor vehicle.
SB354,16,73 (b) In good faith, not reporting to the department of transportation under s.
4146.82 (3) a patient's name and other information relevant to a physical or mental
5condition of the patient that in the advanced practice nurse prescriber's judgment
6does not impair the patient's ability to exercise reasonable and ordinary control over
7a motor vehicle.
SB354, s. 35 8Section 35. 448.03 (5) (b) of the statutes is amended to read:
SB354,16,109 448.03 (5) (b) No physician or physician assistant shall be liable for any civil
10damages for either of the following:
SB354,16,1411 1. Reporting in good faith to the department of transportation under s. 146.82
12(3) a patient's name and other information relevant to a physical or mental condition
13of the patient which in the physician's or physician assistant's judgment impairs the
14patient's ability to exercise reasonable and ordinary control over a motor vehicle.
SB354,16,1915 2. In good faith, not reporting to the department of transportation under s.
16146.82 (3) a patient's name and other information relevant to a physical or mental
17condition of the patient which in the physician's or physician assistant's judgment
18does not impair the patient's ability to exercise reasonable and ordinary control over
19a motor vehicle.
SB354, s. 36 20Section 36. 448.56 (1) of the statutes is amended to read:
SB354,17,1021 448.56 (1) Written referral. Except as provided in this subsection and s.
22448.52, a person may practice physical therapy only upon the written referral of a
23physician, physician assistant, chiropractor, dentist or, podiatrist, or advanced
24practice nurse prescriber certified under s. 441.16 (2)
. Written referral is not
25required if a physical therapist provides services in schools to children with

1disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the
2department of public instruction; provides services as part of a home health care
3agency; provides services to a patient in a nursing home pursuant to the patient's
4plan of care; provides services related to athletic activities, conditioning, or injury
5prevention; or provides services to an individual for a previously diagnosed medical
6condition after informing the individual's physician, physician assistant,
7chiropractor, dentist or, podiatrist , or advanced practice nurse prescriber certified
8under s. 441.16 (2)
who made the diagnosis. The affiliated credentialing board may
9promulgate rules establishing additional services that are excepted from the written
10referral requirements of this subsection.
SB354, s. 37 11Section 37. 448.56 (1m) (b) of the statutes is amended to read:
SB354,17,1712 448.56 (1m) (b) The affiliated credentialing board shall promulgate rules
13establishing the requirements that a physical therapist must satisfy if a physician,
14physician assistant, chiropractor, dentist, or podiatrist, or advanced practice nurse
15prescriber
makes a written referral under sub. (1). The purpose of the rules shall be
16to ensure continuity of care between the physical therapist and the health care
17practitioner.
SB354, s. 38 18Section 38. 448.67 (2) of the statutes is amended to read:
SB354,18,319 448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee
20who renders any podiatric service or assistance whatever, or gives any podiatric
21advice or any similar advice or assistance whatever, to any patient, podiatrist,
22physician, physician assistant, advanced practice nurse prescriber certified under s.
23441.16 (2),
partnership, or corporation, or to any other institution or organization of
24any kind
, including a hospital, for which a charge is made to a patient, shall, except
25as authorized by Title 18 or Title 19 of the federal Social Security Act, render an

1individual statement or account of the charge directly to the patient, distinct and
2separate from any statement or account by any other podiatrist, physician, physician
3assistant, advanced practice nurse prescriber,
or other person.
SB354, s. 39 4Section 39. 450.01 (1m) of the statutes is created to read:
SB354,18,65 450.01 (1m) "Advanced practice nurse prescriber" means an advanced practice
6nurse who is certified under s. 441.16 (2).
SB354, s. 40 7Section 40. 450.01 (15m) of the statutes is created to read:
SB354,18,88 450.01 (15m) "Physician assistant" has the meaning given in s. 448.01 (6).
SB354, s. 41 9Section 41. 450.01 (16) (h) of the statutes is renumbered 450.01 (16) (h) (intro.)
10and amended to read:
SB354,18,1611 450.01 (16) (h) (intro.) Making therapeutic alternate drug selections, if made
12in accordance with written guidelines or procedures previously established by a
13pharmacy and therapeutics committee of a hospital and approved by the hospital's
14medical staff and by an individual use of the therapeutic alternate drug selection has
15been approved for a patient during the period of the patient's stay within the hospital
16by any of the following:
SB354,18,18 171. The patient's physician for his or her patients for the period of each patient's
18stay within the hospital
.
SB354, s. 42 19Section 42. 450.01 (16) (h) 2. of the statutes is created to read:
SB354,18,2220 450.01 (16) (h) 2. The patient's advanced practice nurse prescriber, if the
21advanced practice nurse prescriber has entered into a written agreement to
22collaborate with a physician.
SB354, s. 43 23Section 43. 450.01 (16) (h) 3. of the statutes is created to read:
SB354,18,2424 450.01 (16) (h) 3. The patient's physician assistant.
SB354, s. 44 25Section 44. 450.11 (7) (b) of the statutes is amended to read:
SB354,19,4
1450.11 (7) (b) Information communicated to a physician, advanced practice
2nurse prescriber, or physician assistant
in an effort to procure unlawfully a
3prescription drug or the administration of a prescription drug is not a privileged
4communication.
SB354, s. 45 5Section 45. 450.11 (8) (b) of the statutes is amended to read:
SB354,19,76 450.11 (8) (b) The medical examining board, insofar as this section applies to
7physicians and physician assistants.
SB354, s. 46 8Section 46. 450.11 (8) (e) of the statutes is created to read:
SB354,19,109 450.11 (8) (e) The board of nursing, insofar as this section applies to advanced
10practice nurse prescribers.
SB354, s. 47 11Section 47. 450.13 (5) of the statutes is renumbered 450.13 (5) (intro.)
12amended to read:
SB354,19,2013 450.13 (5) Use of drug product equivalent in hospitals. (intro.) Subsections
14(1) to (4) do not apply to a pharmacist who dispenses a drug product equivalent that
15is prescribed for a patient in a hospital if the pharmacist dispenses the drug product
16equivalent in accordance with written guidelines or procedures previously
17established by a pharmacy and therapeutics committee of the hospital and approved
18by the hospital's medical staff and use of the drug product equivalent has been
19approved for a patient during the period of the patient's stay within the hospital
by
20the any of the following:
SB354,19,22 21(a) The patient's individual physician for the period of the patient's stay within
22the hospital
.
SB354, s. 48 23Section 48. 450.13 (5) (b) of the statutes is created to read:
SB354,20,3
1450.13 (5) (b) The patient's advanced practice nurse prescriber, if the advanced
2practice nurse prescriber has entered into a written agreement to collaborate with
3a physician.
SB354, s. 49 4Section 49. 450.13 (5) (c) of the statutes is created to read:
SB354,20,55 450.13 (5) (c) The patient's physician assistant.
SB354, s. 50 6Section 50. Effective dates. This act takes effect on the day after publication,
7except as follows:
SB354,20,98 (1) The treatment of section 448.56 (1) of the statutes takes effect on April 1,
92006.
SB354,20,1010 (End)
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