SB698: Bill Text

SB698,9,6 252.11 (7) Reports, examinations and inspections and all records concerning sexually transmitted diseases are confidential and not open to public inspection, and may 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 , physician assistant, or 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, physician, physician assistant, or advanced practice nurse prescriber is called upon to testify to the facts before any court of record.

SB698, s. 16 Section 16. 252.11 (10) of the statutes is amended to read:

SB698,9,15 252.11 (10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician, physician assistant, 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, physician assistant, or advanced practice nurse prescriber to whom reported.

SB698, s. 17 Section 17. 252.14 (1) (ar) 14. of the statutes is amended to read:

SB698,9,17 252.14 (1) (ar) 14. A physician assistant licensed under ch. 448.

SB698, s. 18 Section 18. 252.15 (2) (a) 7. ak. of the statutes is amended to read:

SB698,9,25 252.15 (2) (a) 7. ak. A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, 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, physician assistant, or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician, physician assistant, or advanced practice nurse prescriber to document the occurrence of a significant exposure and the physician's, physician assistant'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).

SB698, s. 19 Section 19. 252.15 (5) (a) 11. of the statutes is amended to read:

SB698,10,18 252.15 (5) (a) 11. To a person, including a person exempted from civil liability under the conditions specified under s. 895.48, 895.4802, or 895.4803, 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, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, 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.

SB698, s. 20 Section 20. 252.15 (5) (a) 12. b. of the statutes is amended to read:

SB698,11,2 252.15 (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, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, 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.

SB698, s. 21 Section 21. 252.15 (5) (a) 14. of the statutes is amended to read:

SB698,11,9 252.15 (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, physician assistant, or advanced practice nurse prescriber, to persons, if known to the physician, physician assistant, or advanced practice nurse prescriber, with whom the individual has had sexual contact or has shared intravenous drug use paraphernalia.

SB698, s. 22 Section 22. 252.15 (5m) (a) of the statutes is amended to read:

SB698,11,23 252.15 (5m) (a) If a person, including a person exempted from civil liability under the conditions specified under s. 895.48, 895.4802, or 895.4803, 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; if a physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, 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).

SB698, s. 23 Section 23. 252.15 (5m) (b) of the statutes is amended to read:

SB698,12,12 252.15 (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; if a physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, 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, physician assistant, or advanced practice nurse prescriber of the funeral director, coroner, medical examiner, or appointed assistant who is so exposed.

SB698, s. 24 Section 24. 252.15 (5m) (c) of the statutes is amended to read:

SB698,12,24 252.15 (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; if a physician , physician assistant, or advanced practice nurse prescriber who is not the health care provider, based on information provided to the physician, physician assistant, 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, physician assistant, or advanced practice nurse prescriber who certifies that the significant exposure has occurred.

SB698, s. 25 Section 25. 252.15 (7m) (intro.) of the statutes is amended to read:

SB698,13,8 252.15 (7m) Reporting of persons significantly exposed. (intro.) If a positive, validated test result is obtained from a test subject, the test subject's physician, physician assistant, 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, physician assistant, or advanced practice nurse prescriber to have been significantly exposed to the test subject, only after the physician, physician assistant, or advanced practice nurse prescriber has done all of the following:

SB698, s. 26 Section 26. 252.15 (7m) (b) of the statutes is amended to read:

SB698,13,13 252.15 (7m) (b) Notified the test subject that the name of any person known to the physician, physician assistant, or advanced practice nurse prescriber to have been significantly exposed to the test subject will be reported to the state epidemiologist.

SB698, s. 27 Section 27. 252.16 (3) (c) (intro.) of the statutes is amended to read:

SB698,13,17 252.16 (3) (c) (intro.) Has submitted to the department a certification from a physician, as defined in s. 448.01 (5), physician assistant, or advanced practice nurse prescriber of all of the following:

SB698, s. 28 Section 28. 252.17 (3) (c) (intro.) of the statutes is amended to read:

SB698,13,21 252.17 (3) (c) (intro.) Has submitted to the department a certification from a physician, as defined in s. 448.01 (5), physician assistant, or advanced practice nurse prescriber of all of the following:

SB698, s. 29 Section 29. 252.18 of the statutes is amended to read:

SB698,14,10 252.18 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, physician assistant, 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.

SB698, s. 30 Section 30. 343.16 (5) (a) of the statutes is amended to read:

SB698,15,9 343.16 (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 that might prevent such applicant or licensed person from exercising reasonable and ordinary control over a motor vehicle. If the department requires the applicant to submit to an examination, the applicant shall pay for the examination. 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, physician assistant, as defined in s. 448.01 (6), 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 with s. 346.63 (1) or (5) 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).

SB698, s. 31 Section 31. 448.03 (5) (b) of the statutes is amended to read:

SB698,15,12 448.03 (5) (b) No physician or physician assistant shall be liable for any civil damages for either of the following:

SB698,15,16 1. 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 which in the physician's or physician assistant's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

SB698,15,21 2. 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 which in the physician's or physician assistant's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

SB698, s. 32 Section 32. 448.56 (1) of the statutes is amended to read:

SB698,16,12 448.56 (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, physician assistant, chiropractor, dentist, 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, physician assistant, chiropractor, dentist, 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.

SB698, s. 33 Section 33. 448.56 (1m) (b) of the statutes is amended to read:

SB698,16,19 448.56 (1m) (b) The affiliated credentialing board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, physician assistant, chiropractor, dentist, 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.

SB698, s. 34 Section 34. 448.67 (2) of the statutes is amended to read:

SB698,17,5 448.67 (2) Separate billing required. Except as provided in sub. (4), a licensee who renders any podiatric service or assistance, or gives any podiatric advice or any similar advice or assistance, to any patient, podiatrist, physician, physician assistant, advanced practice nurse prescriber certified under s. 441.16 (2), partnership, or corporation, or to any other institution or organization, 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, physician assistant, advanced practice nurse prescriber, or other person.

SB698, s. 35 Section 35. 450.01 (15r) of the statutes is created to read:

SB698,17,7 450.01 (15r) "Physician assistant" has the meaning given in s. 448.01 (6).

SB698, s. 36 Section 36. 450.01 (16) (h) 3. of the statutes is created to read:

SB698,17,9 450.01 (16) (h) 3. The patient's physician assistant.

SB698, s. 37 Section 37. 450.11 (7) (b) of the statutes is amended to read:

SB698,17,14 450.11 (7) (b) Information communicated to a physician , physician assistant, or 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.

SB698, s. 38 Section 38. 450.11 (8) (b) of the statutes is amended to read:

SB698,17,17 450.11 (8) (b) The medical examining board, insofar as this section applies to physicians and physician assistants.

SB698, s. 39 Section 39. 450.13 (5) (c) of the statutes is created to read:

SB698,17,19 450.13 (5) (c) The patient's physician assistant.

SB698,17,20 (End)