SB767,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
SB767,2 3Section 2. 20.285 (1) (c) of the statutes is created to read:
SB767,5,2
120.285 (1) (c) Graduate psychiatric nursing education. The amounts in the
2schedule for the purposes specified in s. 36.25 (55) (a).
SB767,3 3Section 3. 36.25 (55) of the statutes is created to read:
SB767,5,84 36.25 (55) Graduate psychiatric nursing education at the University of
5Wisconsin-Madison.
(a) In consultation with the chancellor of the University of
6Wisconsin-Madison, the board shall do all of the following with respect to the
7graduate program in psychiatric mental health nursing at the University of
8Wisconsin-Madison:
SB767,5,109 1. Increase the number of students provided the opportunity to study to be
10board-eligible psychiatric mental health nurse practitioners.
SB767,5,1211 2. Expand the instructional capacity available to teach psychiatric mental
12health nursing.
SB767,5,1713 3. Annually provide fellowships for psychiatric mental health nursing students
14to participate in clinical rotations in rural communities or areas with shortages of
15mental health professionals in this state. In order to receive a fellowship under this
16subdivision, a student shall commit to passing applicable board certification and to
17practicing in this state for at least 2 years after graduation from the program.
SB767,5,1918 (b) Costs associated with the board's duties under par. (a) shall be funded from
19the appropriation account under s. 20.285 (1) (c).
SB767,4 20Section 4. 49.45 (29z) of the statutes is created to read:
SB767,6,221 49.45 (29z) Opioid treatment authorization. The department may not require
22prior authorization for or other limitation on prescribing and dispensing of
23buprenorphine combination products to a recipient, who is not pregnant, under the
24Medical Assistance program under this subchapter by a health care provider who

1possesses a valid waiver under 21 USC 823, if the prior authorization or other
2limitation is not required by 21 USC 823.
SB767,5 3Section 5. 118.01 (2) (d) 2. d. of the statutes is created to read:
SB767,6,54 118.01 (2) (d) 2. d. Awareness about drug abuse, including prescription drug
5abuse, and prevention.
SB767,6 6Section 6. 118.01 (2) (d) 6. of the statutes is amended to read:
SB767,6,107 118.01 (2) (d) 6. Knowledge of the prevention of accidents and promotion of
8safety on the public highways, including instruction on the relationship between
9highway safety and the use of alcohol and controlled substances , including
10prescription drugs,
under ch. 961.
SB767,7 11Section 7. 118.01 (2) (d) 7. of the statutes is amended to read:
SB767,6,1812 118.01 (2) (d) 7. The skills needed to make sound decisions, knowledge of the
13conditions which may cause and the signs of suicidal tendencies, knowledge of the
14relationship between youth suicide and the use of alcohol and controlled substances,
15including prescription drugs,
under ch. 961 and knowledge of the available
16community youth suicide prevention and intervention services. Instruction shall be
17designed to help prevent suicides by pupils by promoting the positive emotional
18development of pupils.
SB767,8 19Section 8. 440.043 of the statutes is created to read:
SB767,6,24 20440.043 Behavioral health review committee. (1) The secretary shall
21appoint an advisory committee under s. 440.042 to provide advice concerning
22behavioral health. The advisory committee shall semiannually conduct a review of
23the requirements for obtaining a credential under s. 440.88 or ch. 457 or for other
24credentials related to behavioral health.
SB767,7,4
1(2) The advisory committee shall accept comments from the public related to
2its review under sub. (1). Before conducting a review under sub. (1), the department
3shall publish a class 1 notice under ch. 985 and shall publish notice on its Internet
4site announcing the opportunity for public comment.
SB767,7,6 5(3) The advisory committee established under sub. (1) may propose changes in
6statutes and rules to the department.
SB767,9 7Section 9. 440.88 (3) (a) (intro.) of the statutes is amended to read:
SB767,7,138 440.88 (3) (a) (intro.) Subject to pars. (b) and (c) and except as provided in sub.
9(3m), the department shall promulgate rules that establish minimum standards and
10qualifications for the certification of all of the following, including substance abuse
11counselors and clinical supervisors described under s. HFS 75.02 (11) and (84), Wis.
12Adm. Code, in effect on December 15, 2006
, as defined by the department of health
13services by rule
:
SB767,10 14Section 10. 440.88 (3m) of the statutes is amended to read:
SB767,7,2015 440.88 (3m) Exception. This section does not apply to a physician, as defined
16in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), or a licensed
17psychologist, as defined in s. 455.01 (4), a marriage and family therapist, as defined
18in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7),
who practices
19as a substance abuse clinical supervisor or provides substance abuse counseling,
20treatment, or prevention services within the scope of his or her licensure.
SB767,11 21Section 11. 440.88 (7) of the statutes is amended to read:
SB767,8,222 440.88 (7) Reciprocal certification. The department may shall, upon
23application and payment of the required fee, issue certification as a substance abuse
24counselor, clinical supervisor, or prevention specialist to an individual who holds a
25similar unexpired certification issued to the individual by another state for which the

1requirements for certification are of a standard that is not lower than that specified
2in this subchapter.
SB767,12 3Section 12. 441.16 (3) (d) of the statutes is amended to read:
SB767,8,124 441.16 (3) (d) Establishing procedures for maintaining a certificate to issue
5prescription orders, including requirements for continuing education and a
6requirement to complete the nursing workforce survey and submit the fee required
7under s. 441.01 (7). The requirements established by the board under this paragraph
8shall include continuing education requirements regarding best practices in
9prescribing controlled substances, as defined in s. 961.01 (4), for any advanced
10practice nurse who is authorized to dispense controlled substances under 21 USC
11821
to 831, and the board shall specify a minimum number of hours of such
12instruction that must be completed in each 2-year period.
SB767,13 13Section 13. 441.19 of the statutes is created to read:
SB767,8,16 14441.19 Maintenance and detoxification treatment under federal
15waiver.
(1) In this section, “waiver” means a waiver issued by the federal
16department of health and human services under 21 USC 823 (g) (2) (A).
SB767,8,22 17(2) With respect to the ability of an advanced practice nurse who is certified to
18issue prescription orders to obtain and practice under a waiver, a physician who
19meets any of the conditions specified in 21 USC 823 (g) (2) (G) (ii) shall be considered
20eligible to serve as a qualifying physician for purposes of the requirement under 21
21USC 823
(g) (2) (G) (iv) (III), regardless of whether the physician himself or herself
22holds a waiver.
SB767,14 23Section 14 . 447.02 (2) (k) of the statutes is created to read:
SB767,9,524 447.02 (2) (k) Continuing education requirements for dentists under s. 447.056
25regarding best practices in prescribing controlled substances, as defined in s. 961.01

1(4). The board shall specify a minimum number of hours of such instruction that
2must be completed in each 2-year period. Continuing education requirements
3established in the rules promulgated under this paragraph shall apply only with
4respect to a dentist who is authorized to dispense controlled substances under 21
5USC 821
to 831.
SB767,15 6Section 15. 447.056 (1) (intro.) of the statutes is amended to read:
SB767,9,177 447.056 (1) (intro.) Except as provided in subs. (2) to (4), a person is not eligible
8for renewal of a license to practice dentistry, other than a permit issued under s.
9447.02 (3), unless the person has taught, attended, or otherwise completed, during
10the 2-year period immediately preceding the renewal date specified under s. 440.08
11(2) (a), 30 credit hours of continuing education related to the practice of dentistry or
12the practice of medicine, including not less than 25 credit hours of instruction in
13clinical dentistry or clinical medicine and including the credit hours of instruction
14regarding best practices in prescribing controlled substances that are required by
15the board in rules promulgated under s. 447.02 (2) (k)
. Not more than 4 of the 30
16hours may be from teaching. Continuing education does not satisfy the requirements
17under this subsection unless the continuing education is one of the following:
SB767,16 18Section 16. 448.038 of the statutes is created to read:
SB767,9,21 19448.038 Maintenance and detoxification treatment under federal
20waiver.
(1) In this section, “waiver” means a waiver issued by the federal
21department of health and human services under 21 USC 823 (g) (2) (A).
SB767,9,24 22(2) With respect to the ability of a physician assistant to obtain and practice
23under a waiver, a physician who meets any of the conditions specified in 21 USC 823
24(g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for

1purposes of the requirement under 21 USC 823 (g) (2) (G) (iv) (III), regardless of
2whether the physician himself or herself holds a waiver.
SB767,17 3Section 17. 448.07 (1) (d) of the statutes, as affected by 2013 Wisconsin Act
4240
, is amended to read:
SB767,10,145 448.07 (1) (d) No registration may be permitted by the secretary of the board
6in the case of any physician, physician assistant, or perfusionist who has failed to
7meet the requirements of s. 448.13 or any person whose license or certificate has been
8suspended or revoked and the registration of any such person shall be deemed
9automatically annulled upon receipt by the secretary of the board of a verified report
10of such suspension or revocation, subject to the person's right of appeal. A person
11whose license or certificate has been suspended or revoked and subsequently
12restored shall be registered by the board upon tendering a verified report of such
13restoration of the license or certificate, together with an application for registration
14and the registration fee.
SB767,18 15Section 18. 448.13 (1) (a) 3. of the statutes is created to read:
SB767,10,1816 448.13 (1) (a) 3. If the physician is authorized to dispense controlled substances
17under 21 USC 821 to 831, continuing education programs regarding best practices
18in prescribing controlled substances, as defined in s. 961.01 (4).
SB767,19 19Section 19. 448.13 (4) of the statutes is created to read:
SB767,10,2520 448.13 (4) Each person who is licensed as a physician assistant and who is
21authorized to dispense controlled substances under 21 USC 821 to 831 shall, in each
222nd year at the time of application for a certificate of registration under s. 448.07,
23submit proof of completion of continuing education requirements promulgated by
24rule by the board regarding best practices in prescribing controlled substances, as
25defined in s. 961.01 (4).
SB767,20
1Section 20. 448.20 (3) (c) of the statutes is created to read:
SB767,11,32 448.20 (3) (c) Promulgating the rules establishing continuing education
3requirements under s. 448.40 (2) (cm).
SB767,21 4Section 21. 448.40 (2) (ck) of the statutes is created to read:
SB767,11,105 448.40 (2) (ck) Establishing continuing education requirements under s.
6448.13 (1) (a) 3. regarding best practices in prescribing controlled substances, as
7defined in s. 961.01 (4), for renewal of a license to practice medicine and surgery by
8a physician authorized to dispense controlled substances under 21 USC 821 to 831.
9The board shall specify a minimum number of hours of such instruction that must
10be completed in each 2-year period.
SB767,22 11Section 22. 448.40 (2) (cm) of the statutes is created to read:
SB767,11,1812 448.40 (2) (cm) Establishing continuing education requirements under s.
13448.13 (4) regarding best practices in prescribing controlled substances, as defined
14in s. 961.01 (4), for renewal of a physician assistant license by a physician assistant
15authorized to dispense controlled substances under 21 USC 821 to 831. The board
16shall specify a minimum number of hours of such instruction that must be completed
17in each 2-year period. In promulgating rules under this paragraph, the board shall
18give deference to the recommendations of the council on physician assistants.
SB767,23 19Section 23. 448.665 of the statutes is renumbered 448.665 (1) (intro.) and
20amended to read:
SB767,11,2521 448.665 (1) (intro.) The affiliated credentialing board shall promulgate rules
22establishing requirements and procedures for licensees to complete continuing
23education programs or courses of study in order to qualify for renewal of a license
24granted under this subchapter. The rules promulgated under this section shall
25require do all of the following:
SB767,12,3
1(a) Require a licensee to complete at least 30 hours of continuing education
2programs or courses of study within each 2-year period immediately preceding the
3renewal date specified under s. 440.08 (2) (a).
SB767,12,8 4(2) The affiliated credentialing board may waive all or part of these the
5requirements for the completion of continuing education programs or courses of
6study under sub. (1) if the affiliated credentialing board determines that prolonged
7illness, disability, or other exceptional circumstances have prevented a licensee from
8completing the requirements.
SB767,24 9Section 24. 448.665 (1) (b) of the statutes is created to read:
SB767,12,1410 448.665 (1) (b) Establish requirements for a licensee who is authorized to
11dispense controlled substances under 21 USC 821 to 831 to complete continuing
12education programs regarding best practices in prescribing controlled substances, as
13defined in s. 961.01 (4). The affiliated credentialing board shall specify a minimum
14number of hours of such instruction that must be completed in each 2-year period.
SB767,25 15Section 25. 449.06 (2m) of the statutes is renumbered 449.06 (2m) (intro.) and
16amended to read:
SB767,12,2117 449.06 (2m) (intro.) The examining board shall promulgate rules requiring a
18person who is issued a license to practice optometry to complete, during the 2-year
19period immediately preceding the renewal date specified in s. 440.08 (2) (a), not less
20than 30 hours of continuing education. The rules shall include requirements all of
21the following:
SB767,12,25 22(a) Requirements that apply only to optometrists who are allowed to use topical
23ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use
24therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an
25appendage to the eye under s. 449.18.
SB767,26
1Section 26. 449.06 (2m) (b) of the statutes is created to read:
SB767,13,62 449.06 (2m) (b) Requirements for optometrists who are authorized to dispense
3controlled substances under 21 USC 821 to 831 to complete continuing education
4programs regarding best practices in prescribing controlled substances, as defined
5in s. 961.01 (4). The examining board shall specify a minimum number of hours of
6such instruction that must be completed in each 2-year period.
SB767,27 7Section 27. 457.02 (5) of the statutes is repealed.
SB767,28 8Section 28. 457.02 (5m) of the statutes is repealed.
SB767,29 9Section 29. 961.385 (2) (cm) 1. (intro.) of the statutes, as created by 2015
10Wisconsin Act 266
, is amended to read:
SB767,13,1511 961.385 (2) (cm) 1. (intro.) A practitioner, pharmacist, registered nurse
12licensed under s. 441.06, or substance abuse counselor, as defined in s. 440.88 (1) (b),
13or an individual authorized under s. 457.02 (5m) to treat who treats, within the scope
14of his or her credential,
alcohol or substance dependency or abuse as a specialty, if
15any of the following is applicable:
SB767,30 16Section 30. 961.385 (2) (cm) 2. of the statutes, as created by 2015 Wisconsin
17Act 266
, is amended to read:
SB767,14,518 961.385 (2) (cm) 2. A person who medically coordinates, directs, or supervises,
19or establishes standard operating procedures for, a practitioner, pharmacist,
20registered nurse, substance abuse counselor, or individual authorized under s.
21457.02 (5m) to treat alcohol or substance dependency or abuse as a specialty
to whom
22records may be disclosed under subd. 1., if the person is evaluating the job
23performance of the practitioner, pharmacist, registered nurse, substance abuse
24counselor, or individual, or is performing quality assessment and improvement
25activities, including outcomes evaluation or development of clinical guidelines, and

1if the disclosure does not contain personally identifiable information, as defined in
2s. 19.62 (5), of a patient and is limited to only those records about the practitioner,
3pharmacist, registered nurse, substance abuse counselor, or individual the person
4medically coordinates, directs, or supervises, or for whom the person establishes
5standard operating procedures.
SB767,31 6Section 31. DHS 75.02 (15) of the administrative code is amended to read:
SB767,14,117 DHS 75.02 (15) “Counseling" means the application of recognized theories,
8principles, techniques and strategies to manage and facilitate the progress of diverse
9patients toward mutually determined treatment goals and objectives using
10culturally sensitive modalities as described in s. SPS 166.01 (3) 160.02 (10m) or s.
11MPSW 2.01 (10).
SB767,32 12Section 32. DHS 75.02 (84) (d) of the administrative code is amended to read:
SB767,14,1413 DHS 75.02 (84) (d) A s. MPSW 1.09 specialty An individual who holds a
14credential
under ch. 457, Stats., granted by DSPS.
SB767,33 15Section 33. DHS 75.03 (4) (e) of the administrative code is amended to read:
SB767,14,2216 DHS 75.03 (4) (e) All Any staff who provide provides clinical supervision shall
17fulfill the requirements established
, as defined in s. SPS 160.02 (6) and, shall hold
18a certificate from DSPS as required
be a clinical supervisor, as defined in s. SPS
19160.02 (7), except for a physician knowledgeable in addiction treatment, licensed
20psychologist with a knowledge of psychopharmacology and addiction treatment, or
21professional possessing the s. MPSW 1.09 subspecialty a credential under ch. 457,
22Stats.
SB767,34 23Section 34. MPSW 1.09 of the administrative code is repealed.
SB767,35 24Section 35. Chapter SPS 160 (title) of the administrative code is amended to
25read:
SB767,15,1
1Chapter SPS 160
SB767,15,2 2APPLICABILITY AND DEFINITIONS
SB767,36 3Section 36. SPS 160.015 of the administrative code is created to read:
SB767,15,11 4SPS 160.015 Applicability. (1) Except as provided in sub. (2), no person may
5represent himself or herself to the public as a substance abuse counselor, clinical
6supervisor, or prevention specialist or a certified substance abuse counselor, clinical
7supervisor, or prevention specialist or use in connection with his or her name a title
8or description that conveys the impression that he or she is a substance abuse
9counselor, clinical supervisor, or prevention specialist or a certified substance abuse
10counselor, clinical supervisor, or prevention specialist unless he or she is so certified
11under s. 440.88, Stats.
SB767,15,12 12(2) Chapters SPS 160 to 168 do not apply to any of the following:
SB767,15,1513 (a) A physician, as defined in s. 448.01 (5), Stats., who practices as a substance
14abuse clinical supervisor or provides substance abuse counseling, treatment, or
15prevention services within the scope of his or her licensure.
SB767,15,1816 (b) A clinical social worker, as defined in s. 457.01 (1r), Stats., who practices as
17a substance abuse clinical supervisor or provides substance abuse counseling,
18treatment, or prevention services within the scope of his or her licensure.
SB767,15,2119 (c) A licensed psychologist, as defined in s. 455.01 (4), Stats., who practices as
20a substance abuse clinical supervisor or provides substance abuse counseling,
21treatment, or prevention services within the scope of his or her licensure.
SB767,15,2522 (d) A marriage and family therapist, as defined in s. 457.01 (3), or a professional
23counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical
24supervisor or provides substance abuse counseling, treatment, or prevention
25services within the scope of his or her licensure.
SB767,16,5
1(e) The preparation of a patient for substance use disorder treatment by
2referral, the treatment of a patient for substance use disorder until a referral for
3substance use disorder treatment is completed, and the continuation of treatment
4with the nonsubstance use disorder issues of a person, when performed by a mental
5health provider practicing within the scope of his or her credential.
SB767,37 6Section 37. SPS 160.02 (2m) of the administrative code is created to read:
SB767,16,137 SPS 160.02 (2m) “Assessment training” means education on the
8comprehensive process of collecting pertinent data about patients or patient systems
9and their environment, and appraising the data as a basis for making decisions
10regarding substance use disorder diagnosis and treatment or referral. The education
11shall consist of culturally inclusive studies in understanding addiction,
12psychopharmacology, recognition and differentiation of co-occurring medical and
13psychological disorders, clinical evaluation, and treatment planning.
SB767,38 14Section 38. SPS 160.02 (3) (g) of the administrative code is created to read:
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