AB852: Bill Text

AB852,24,17 (c) "Very low birth weight" means a birth weight of 1,500 grams or less.

AB852,24,18 (d) "Very premature birth" means a birth at less than 32 weeks gestation.

AB852,25,6 (2) (a) The department shall annually prepare a report relating to fetal and infant mortality and birth outcomes in this state. The department shall include in the report data related to births and birth outcomes in this state in the previous calendar year and an analysis of that data. The department shall collaborate with local health departments, tribes, and other interested parties to determine the data and data analysis to be included in the report and the procedures by which the data will be collected and reported to the department. The department shall ensure that the report, to the greatest extent possible, includes data and analysis that are necessary and useful for the development and evaluation of programs to address disparities in birth outcomes among racial and ethnic groups in this state and shall periodically consult with interested parties to review and update the data and analysis to be included in the report, as is needed to ensure that this goal continues to be met.

AB852,25,8 (b) The department shall include, at a minimum, all of the following information in the report under par. (a):

AB852,25,9 1. The number and rate of infant deaths in each county.

AB852,25,10 2. The causes of infant deaths in each county.

AB852,25,11 3. The number and rate of very premature births in each county.

AB852,25,13 4. The number of low birth weight infants born in each county and the rate of those births in each county.

AB852,25,15 5. The number of very low birth weight infants born in each county and the rate of those births in each county.

AB852,25,17 6. The race or ethnicity of the infant provided on the birth or death certificate for births or deaths identified in subds. 1., 3., 4., and 5.

AB852,25,20 (c) The department, in collaboration with the persons described under par. (a), shall consider including in the report data related to the type of prenatal care, if any, received by the mother of each infant whose birth data is included in the report.

AB852,25,22 (d) On June 30, 2017, and on every June 30 after that, the department shall do all of the following:

AB852,25,24 1. Submit the report under par. (a) to the appropriate standing committees of the legislature under s. 13.172 (3).

AB852,25,25 2. Post the report under par. (a) on its Internet site.

AB852,26,4 3. Post on its Internet site the raw data collected in the previous calendar year for purposes of the annual report under par. (a). The data shall be presented in a manner that does not disclose or enable the identification of any individual infant, mother, or birth attendant.

AB852,26,7 (3) The department shall explore whether any of the costs of collecting the data and creating the report under sub. (2) may be funded by the Medical Assistance program.

AB852,36 Section 36. 253.18 of the statutes is created to read:

AB852,26,12 253.18 Neonatal intensive care unit report. (1) In this section, "neonatal intensive care unit" means a hospital unit on which special equipment and skilled medical personnel for the care of high-risk infants requiring immediate or continuous attention are concentrated.

AB852,26,14 (2) (a) Beginning on July 1, 2016, the department shall collect all of the following information from a hospital that has a neonatal intensive care unit:

AB852,26,15 1. The daily census of the neonatal intensive care unit.

AB852,26,16 2. The criteria for admission to the neonatal intensive care unit.

AB852,26,20 (b) On June 30, 2017, and on every June 30 after that, the department shall annually prepare a report that includes all of the information in par. (a) from the previous calendar year. The department shall make the report available to the public and post the report on the department's Internet site.

AB852,37 Section 37. 441.15 (1) (a) of the statutes is repealed.

AB852,38 Section 38. 441.15 (1) (am) of the statutes is created to read:

AB852,26,24 441.15 (1) (am) "Nurse-midwife" means a person licensed under this section to engage in the practice of nurse-midwifery.

AB852,39 Section 39. 441.15 (1) (c) of the statutes is created to read:

AB852,27,3 441.15 (1) (c) "Qualified health care professional" means a health care professional, as defined in s. 180.1901 (1m), who is performing services within his or her scope of practice.

AB852,40 Section 40. 441.15 (2) (b) of the statutes is amended to read:

AB852,27,7 441.15 (2) (b) The practice occurs in a health care facility approved by the board by rule under sub. (3) (c), in collaboration with a physician with postgraduate training in obstetrics, and pursuant to a written agreement with that physician.

AB852,41 Section 41. 441.15 (3) (c) of the statutes is amended to read:

AB852,27,14 441.15 (3) (c) The board shall promulgate rules necessary to administer this section, including the establishment of appropriate limitations on the scope of the practice of nurse-midwifery, the facilities in which such practice may occur, the definition of "elective" for purposes of the prohibition in sub. (4m), and the granting of temporary permits to practice nurse-midwifery pending qualification for certification.

AB852,42 Section 42. 441.15 (4) of the statutes is amended to read:

AB852,27,20 441.15 (4) A nurse-midwife who discovers evidence that any aspect of care involves any complication which jeopardizes the health or life of a newborn or mother shall consult with the collaborating physician under sub. (2) (b) or the physician's designee, or make a referral as specified in a written agreement under sub. (2) (b) or make a referral to a qualified health care professional.

AB852,43 Section 43. 441.15 (4m) of the statutes is created to read:

AB852,28,3 441.15 (4m) No nurse-midwife may perform an elective procedure intended to induce labor in a pregnant woman before the completion of a gestational period of 39 weeks unless the nurse-midwife has first obtained the informed consent of the woman. A woman's consent is informed for purposes of this subsection only if she receives timely information orally and in person from the nurse-midwife regarding potential negative effects to the fetus of early delivery, including long-term learning and behavioral problems.

AB852,44 Section 44. 448.02 (3) (a) of the statutes is amended to read:

AB852,28,23 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate , or limited permit granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30, 448.35, or 450.13 (2); or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate ; or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license, certificate, or limited permit to undergo, and may consider the results of , one or more physical, mental, or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

AB852,45 Section 45 . 448.02 (3) (a) of the statutes, as affected by 2013 Wisconsin Act 240 and 2015 Wisconsin Act .... (this act), is repealed and recreated to read:

AB852,29,19 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license or certificate granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30, 448.35, or 450.13 (2); or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate; or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license or certificate to undergo, and may consider the results of, one or more physical, mental, or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

AB852,46 Section 46. 448.35 of the statutes is created to read:

AB852,30,3 448.35 Informed consent for certain elective procedures. No physician may perform an elective cesarean section on a pregnant woman, or an elective procedure intended to induce labor in a pregnant woman, before the completion of a gestational period of 39 weeks unless the physician has first obtained the informed consent of the woman. A woman's consent is informed for purposes of this section only if she receives timely information orally and in person from the physician regarding potential negative effects to the fetus of early delivery, including long-term learning and behavioral problems.

AB852,47 Section 47. 448.40 (2) (am) of the statutes is created to read:

AB852,30,6 448.40 (2) (am) Defining "elective" for purposes of s. 448.35 and implementing s. 448.35.

AB852,48 Section 48. 619.04 (3) of the statutes is amended to read:

AB852,30,20 619.04 (3) The plan shall operate subject to the supervision and approval of a board of governors consisting of 3 representatives of the insurance industry appointed by and to serve at the pleasure of the commissioner, a person to be named by the State Bar Association, a person to be named by the Wisconsin Academy of Trial Lawyers, 2 persons to be named by the Wisconsin Medical Society, a person to be named by the Wisconsin Hospital Association, the commissioner or a designated representative employed by the office of the commissioner, and 4 public members at least one of whom is named by the Wisconsin Nurses Association and at least 2 of whom are not attorneys or physicians and are not professionally affiliated with any hospital or insurance company, appointed by the governor for staggered 3-year terms. The commissioner or the commissioner's representative shall be the chairperson of the board of governors. Board members shall be compensated at the rate of $50 per diem plus actual and necessary travel expenses.

AB852,49 Section 49. 655.001 (7t) of the statutes is renumbered 655.001 (7t) (a) and amended to read:

AB852,31,3 655.001 (7t) (a) "Health Except as provided in par. (b), "health care practitioner" means a health care professional, as defined in s. 180.1901 (1m), who is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.

AB852,50 Section 50. 655.001 (7t) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 655.001 (7t) and amended to read:

AB852,31,10 655.001 (7t) Except as provided in par. (b), "health "Health care practitioner" means a health care professional, as defined in s. 180.1901 (1m), who is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has the authority to provide health care services that are not under the direction and supervision of a physician or, nurse anesthetist, or nurse-midwife.

AB852,51 Section 51. 655.001 (7t) (b) of the statutes is created to read:

AB852,31,13 655.001 (7t) (b) "Health care practitioner" does not include a person licensed to practice nurse-midwifery under s. 441.15.

AB852,52 Section 52. 655.001 (7t) (b) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.

AB852,53 Section 53. 655.001 (9c) of the statutes is created to read:

AB852,31,18 655.001 (9c) "Nurse-midwife" means a person who is licensed to practice nurse-midwifery under s. 441.15.

AB852,54 Section 54. 655.002 (1) (a) of the statutes is amended to read:

AB852,31,22 655.002 (1) (a) A physician or, a nurse anesthetist, or a nurse-midwife for whom this state is a principal place of practice and who practices his or her profession in this state more than 240 hours in a fiscal year.

AB852,55 Section 55. 655.002 (1) (b) (intro.) of the statutes is amended to read:

AB852,31,25 655.002 (1) (b) (intro.) A physician or , a nurse anesthetist, or a nurse-midwife for whom Michigan is a principal place of practice, if all of the following apply:

AB852,56 Section 56. 655.002 (1) (b) 1. of the statutes is amended to read:

AB852,32,3 655.002 (1) (b) 1. The physician or, nurse anesthetist, or nurse-midwife is a resident of this state.

AB852,57 Section 57. 655.002 (1) (b) 2. of the statutes is amended to read:

AB852,32,7 655.002 (1) (b) 2. The physician or, nurse anesthetist, or nurse-midwife practices his or her profession in this state or in Michigan or a combination of both more than 240 hours in a fiscal year.

AB852,58 Section 58. 655.002 (1) (b) 3. of the statutes is amended to read:

AB852,32,13 655.002 (1) (b) 3. The physician or, nurse anesthetist, or nurse-midwife performs more procedures in a Michigan hospital than in any other hospital. In this subdivision, "Michigan hospital" means a hospital located in Michigan that is an affiliate of a corporation organized under the laws of this state that maintains its principal office and a hospital in this state.

AB852,59 Section 59. 655.002 (1) (c) of the statutes is amended to read:

AB852,32,22 655.002 (1) (c) A physician or, nurse anesthetist, or nurse-midwife who is exempt under s. 655.003 (1) or (3), or a nurse-midwife who is exempt under s. 655.003 (4), but who practices his or her profession outside the scope of the exemption and who fulfills the requirements under par. (a) in relation to that practice outside the scope of the exemption. For a physician or a , nurse anesthetist, or nurse-midwife who is subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is outside the scope of the exemption under s. 655.003 (1) or, (3), or (4).

AB852,60 Section 60. 655.002 (1) (d) of the statutes is amended to read:

AB852,33,2 655.002 (1) (d) A partnership comprised of physicians or, nurse anesthetists, or nurse-midwives and organized and operated in this state for the primary purpose of providing the medical services of physicians or , nurse anesthetists, or nurse-midwives.

AB852,61 Section 61. 655.002 (1) (e) of the statutes is amended to read:

AB852,33,6 655.002 (1) (e) A corporation organized and operated in this state for the primary purpose of providing the medical services of physicians or, nurse anesthetists, or nurse-midwives.

AB852,62 Section 62. 655.002 (1) (em) of the statutes is amended to read:

AB852,33,10 655.002 (1) (em) Any organization or enterprise not specified under par. (d) or (e) that is organized and operated in this state for the primary purpose of providing the medical services of physicians or, nurse anesthetists, or nurse-midwives.

AB852,63 Section 63. 655.002 (2) (a) of the statutes is amended to read:

AB852,33,15 655.002 (2) (a) A physician or, nurse anesthetist, or nurse-midwife for whom this state is a principal place of practice but who practices his or her profession fewer than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession.

AB852,64 Section 64. 655.002 (2) (b) of the statutes is amended to read:

AB852,33,23 655.002 (2) (b) Except as provided in sub. (1) (b), a physician or, nurse anesthetist, or nurse-midwife for whom this state is not a principal place of practice, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession in this state. For a health care provider who elects to be subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is in this state and that is outside the scope of an exemption under s. 655.003 (1) or, (3), or (4).

AB852,65 Section 65. 655.003 (1) of the statutes is amended to read:

AB852,34,4 655.003 (1) A physician or, a nurse anesthetist, or a nurse-midwife who is a state, county, or municipal employee, or federal employee or contractor covered under the federal tort claims act, as amended, and who is acting within the scope of his or her employment or contractual duties.

AB852,66 Section 66. 655.003 (3) of the statutes is amended to read:

AB852,34,11 655.003 (3) Except for a physician or , nurse anesthetist, or nurse-midwife who meets the criteria under s. 146.89 (5) (a), a physician or , a nurse anesthetist, or a nurse-midwife who provides professional services under the conditions described in s. 146.89 or 257.03 (1), with respect to those professional services provided by the physician or, nurse anesthetist, or nurse-midwife for which he or she is covered by s. 165.25 and considered an agent of the department, as provided in s. 165.25 (6) (b).

AB852,67 Section 67. 655.003 (4) of the statutes is created to read:

AB852,34,14 655.003 (4) A nurse-midwife who is considered to be an employee of the federal public health service under 42 USC 233 (g).

AB852,68 Section 68. 655.005 (2) (a) of the statutes is amended to read:

AB852,34,19 655.005 (2) (a) An employee of a health care provider if the employee is a physician or a nurse anesthetist or is a health care practitioner who is providing health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist.

AB852,69 Section 69 . 655.005 (2) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

AB852,34,25 655.005 (2) (a) An employee of a health care provider if the employee is a physician or a , nurse anesthetist, or nurse-midwife or is a health care practitioner who is providing health care services that are not under the direction and supervision of a physician or, nurse anesthetist, or nurse-midwife.

AB852,70 Section 70. 655.005 (2) (b) of the statutes is amended to read:

AB852,35,10 655.005 (2) (b) A service corporation organized under s. 180.1903 by health care professionals, as defined under s. 180.1901 (1m), if the board of governors determines that it is not the primary purpose of the service corporation to provide the medical services of physicians or, nurse anesthetists, or nurse-midwives. The board of governors may not determine under this paragraph that it is not the primary purpose of a service corporation to provide the medical services of physicians or, nurse anesthetists, or nurse-midwives unless more than 50% of the shareholders of the service corporation are neither not physicians nor, nurse anesthetists, or nurse-midwives.

AB852,71 Section 71. 655.23 (5m) of the statutes is amended to read: