AB575: Bill Text

AB575,39 Section 39 . 440.035 (2m) (c) 1. (intro.) of the statutes is amended to read:

AB575,12,11 440.035 (2m) (c) 1. (intro.) The medical examining board, the physician assistant examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by November 1, 2018, and annually thereafter of each year, submit a report to the persons specified in subd. 2. that does all of the following:

AB575,40 Section 40. 448.01 (6) of the statutes is repealed.

AB575,41 Section 41. 448.015 (4) (am) 2. of the statutes is amended to read:

AB575,12,15 448.015 (4) (am) 2. Any act by a physician or physician assistant in violation of ch. 450 or 961.

AB575,42 Section 42. 448.02 (1) of the statutes is amended to read:

AB575,12,20 448.02 (1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery, to practice as an administrative physician, to practice perfusion, and to practice as an anesthesiologist assistant, and to practice as a physician assistant.

AB575,43 Section 43. 448.03 (1) (b) of the statutes is repealed.

AB575,44 Section 44. 448.03 (2) (a) of the statutes is amended to read:

AB575,13,4 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, to practice as a physician assistant under ch. 461, or as otherwise provided by statute.

AB575,45 Section 45. 448.03 (2) (e) of the statutes is amended to read:

AB575,13,9 448.03 (2) (e) Any person other than a physician assistant or an anesthesiologist assistant who is providing patient services as directed, supervised and inspected by a physician who has the power to direct, decide and oversee the implementation of the patient services rendered.

AB575,46 Section 46. 448.03 (2) (k) of the statutes is amended to read:

AB575,13,12 448.03 (2) (k) Any persons, other than physician assistants, anesthesiologist assistants, or perfusionists, who assist physicians.

AB575,47 Section 47. 448.03 (3) (e) of the statutes is repealed.

AB575,48 Section 48 . 448.03 (5) (b) of the statutes is amended to read:

AB575,13,16 448.03 (5) (b) No physician or physician assistant shall be liable for any civil damages for either of the following:

AB575,13,20 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.

AB575,13,25 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.

AB575,49 Section 49. 448.035 (2) to (4) of the statutes are amended to read:

AB575,14,15 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician, physician assistant, or certified advanced practice nurse prescriber may provide expedited partner therapy if the patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician, physician assistant, or certified advanced practice nurse prescriber shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the physician , physician assistant, or certified advanced practice nurse prescriber is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."

AB575,14,20 (3) The physician, physician assistant, or certified advanced practice nurse prescriber shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

AB575,14,25 (4) (a) Except as provided in par. (b), a physician , physician assistant, or certified advanced practice nurse prescriber is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

AB575,15,4 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician , physician assistant, or certified advanced practice nurse prescriber whose act or omission involves reckless, wanton, or intentional misconduct.

AB575,50 Section 50 . 448.037 (2) (a) (intro.) and (b) and (3) of the statutes are amended to read:

AB575,15,8 448.037 (2) (a) (intro.) A physician or physician assistant may do any of the following:

AB575,15,15 (b) A physician or physician assistant who prescribes or delivers an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid antagonist is prescribed has or has the capacity to provide the knowledge and training necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related overdose and that the person demonstrates the capacity to ensure that any individual to whom the person further delivers the opioid antagonist has or receives that knowledge and training.

AB575,15,21 (3) A physician or physician assistant who, acting in good faith, prescribes or delivers an opioid antagonist in accordance with sub. (2), or who, acting in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist, shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 448.02 for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.

AB575,51 Section 51 . 448.038 of the statutes is renumbered 461.038.

AB575,52 Section 52. 448.04 (1) (f) of the statutes is repealed.

AB575,53 Section 53. 448.05 (5) of the statutes is repealed.

AB575,54 Section 54. 448.20 of the statutes is repealed.

AB575,55 Section 55. 448.21 of the statutes is repealed.

AB575,56 Section 56. 448.40 (2) (f) of the statutes is repealed.

AB575,57 Section 57 . 448.62 (7) of the statutes is amended to read:

AB575,16,7 448.62 (7) A physician assistant who is acting under the supervision and direction of in collaboration with a podiatrist , subject to s. 448.21 (4) as described in s. 461.10 (2) (a) 1. c. or an individual to whom the physician assistant delegates a task or order under s. 461.10 (4).

AB575,58 Section 58 . 448.695 (4) of the statutes is repealed.

AB575,59 Section 59. 450.01 (15r) of the statutes is repealed.

AB575,60 Section 60 . 450.01 (16) (hm) 3. of the statutes is amended to read:

AB575,16,12 450.01 (16) (hm) 3. The patient's physician assistant , if the physician assistant is under the supervision of the patient's personal attending physician.

AB575,61 Section 61 . 450.10 (3) (a) 5. of the statutes is amended to read:

AB575,16,16 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448.

AB575,62 Section 62. 450.10 (3) (a) 12. of the statutes is created to read:

AB575,16,18 450.10 (3) (a) 12. A physician assistant licensed under ch. 461.

AB575,63 Section 63 . 450.11 (1) of the statutes is amended to read:

AB575,17,10 450.11 (1) Dispensing. Except as provided in sub. (1i) (b) 2., no person may dispense any prescribed drug or device except upon the prescription order of a practitioner. All prescription orders shall, except as provided in sub. (1a), specify the date of issue, the name and address of the practitioner, the name and quantity of the drug product or device prescribed, directions for the use of the drug product or device, the symptom or purpose for which the drug is being prescribed if required under sub. (4) (a) 8., and, if the order is written by the practitioner, the signature of the practitioner. Except as provided in ss. 118.2925 (3), 255.07 (2), 441.18 (2) (a) 1., 448.035 (2), and 448.037 (2) (a) 1., 461.035 (2), and 461.037 (2) (a) 1. and except for standing orders issued under s. 441.18 (2) (a) 2. or , 448.037 (2) (a) 2., or 461.037 (2) (a) 2., all prescription orders shall also specify the name and address of the patient. A prescription order issued under s. 118.2925 (3) shall specify the name and address of the school. A prescription order issued under s. 255.07 (2) shall specify the name and address of the authorized entity or authorized individual. Any oral prescription order shall be immediately reduced to writing by the pharmacist and filed according to sub. (2).

AB575,64 Section 64 . 450.11 (1g) (b) of the statutes is amended to read:

AB575,17,25 450.11 (1g) (b) A pharmacist may, upon the prescription order of a practitioner providing expedited partner therapy, as specified in s. 448.035 or 461.035, that complies with the requirements of sub. (1), dispense an antimicrobial drug as a course of therapy for treatment of chlamydial infections, gonorrhea, or trichomoniasis to the practitioner's patient or a person with whom the patient has had sexual contact for use by the person with whom the patient has had sexual contact. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the dispensing of a prescription to the person to whom the antimicrobial drug is dispensed. A pharmacist providing a consultation under this paragraph shall ask whether the person for whom the antimicrobial drug has been prescribed is allergic to the antimicrobial drug and advise that the person for whom the antimicrobial drug has been prescribed must discontinue use of the antimicrobial drug if the person is allergic to or develops signs of an allergic reaction to the antimicrobial drug.

AB575,65 Section 65. 450.11 (1i) (a) 1. of the statutes is amended to read:

AB575,18,13 450.11 (1i) (a) 1. A pharmacist may, upon and in accordance with the prescription order of an advanced practice nurse prescriber under s. 441.18 (2) (a) 1., or of a physician or physician assistant under s. 448.037 (2) (a) 1., or of a physician assistant under s. 461.037 (2) (a) 1. that complies with the requirements of sub. (1), deliver an opioid antagonist to a person specified in the prescription order and may, upon and in accordance with the standing order of an advanced practice nurse prescriber under s. 441.18 (2) (a) 2., or of a physician or physician assistant under s. 448.037 (2) (a) 2., or of a physician assistant under s. 461.037 (2) (a) 2. that complies with the requirements of sub. (1), deliver an opioid antagonist to an individual in accordance with the order. The pharmacist shall provide a consultation in accordance with rules promulgated by the board for the delivery of a prescription to the person to whom the opioid antagonist is delivered.

AB575,66 Section 66 . 450.11 (1i) (b) 2. c. of the statutes is amended to read:

AB575,18,17 450.11 (1i) (b) 2. c. A physician or physician assistant may only deliver or dispense an opioid antagonist in accordance with s. 448.037 (2) or in accordance with his or her other legal authority to dispense prescription drugs.

AB575,67 Section 67 . 450.11 (1i) (b) 2. cm. of the statutes is created to read:

AB575,18,21 450.11 (1i) (b) 2. cm. A physician assistant may only deliver or dispense an opioid antagonist in accordance with s. 461.037 (2) or in accordance with his or her other legal authority to dispense prescription drugs.

AB575,68 Section 68 . 450.11 (1i) (c) 2. of the statutes is amended to read:

AB575,19,2 450.11 (1i) (c) 2. Subject to par. (a) 2. and ss. 441.18 (3) and, 448.037 (3), and 461.037 (3), any person who, acting in good faith, delivers or dispenses an opioid antagonist to another person shall be immune from civil or criminal liability for any outcomes resulting from delivering or dispensing the opioid antagonist.

AB575,69 Section 69. 450.11 (8) (b) of the statutes is amended to read:

AB575,19,5 450.11 (8) (b) The medical examining board, insofar as this section applies to physicians and physician assistants.

AB575,70 Section 70. 450.11 (8) (f) of the statutes is created to read:

AB575,19,8 450.11 (8) (f) The physician assistant examining board, insofar as this section applies to physician assistants.

AB575,71 Section 71 . Chapter 461 of the statutes is created to read:

AB575,19,10 CHAPTER 461

AB575,19,11 Physician assistants

AB575,19,12 461.01 Definitions. In this chapter, unless the context requires otherwise:

AB575,19,13 (1) “Board" means the physician assistant examining board.

AB575,19,16 (2) “Disease” means any pain, injury, deformity, or physical or mental illness or departure from complete health or the proper condition of the human body or any of its parts.

AB575,19,17 (3) “Physician assistant” means a person licensed under this chapter.

AB575,19,18 (4) “Podiatrist” has the meaning given in s. 448.60 (3).

AB575,19,19 (5) “Podiatry” has the meaning given in s. 448.60 (4).

AB575,19,20 (6) “Practice of medicine and surgery” has the meaning given in s. 448.01 (9).

AB575,20,3 461.03 License required; exceptions. (1) Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA,” “ physician assistant," “physician associate,” or “associate physician,” use or assume the title “PA,” “physician assistant," “physician associate,” or “associate physician,” or append to the person's name the words or letters “physician assistant," “physician associate,” “associate physician,” “PA," “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant, unless he or she is licensed by the board under this chapter.

AB575,20,4 (2) Subsection (1) does not apply with respect to any of the following:

AB575,20,8 (a) An individual employed and duly credentialed as a physician assistant or physician associate by the federal government while performing duties incident to that employment, unless a license under this chapter is required by the federal government.

AB575,20,12 (b) A person who satisfies the requirement under s. 461.07 (1) (a) 3. but who is not licensed under this chapter. This paragraph does not allow such a person to practice medicine and surgery in violation of s. 448.03 (1) (a) or to practice podiatry in violation of s. 448.61.

AB575,20,14 (3) A student who is enrolled in an accredited physician assistant educational program may use the title “physician assistant student,” “PA student,” or “PA-S.”

AB575,20,15 461.035 Expedited partner therapy. (1) In this section:

AB575,20,16 (b) “Antimicrobial drug" has the meaning given in s. 448.035 (1) (b).

AB575,20,17 (c) “Expedited partner therapy" has the meaning given in s. 448.035 (1) (c).

AB575,21,3 (2) Notwithstanding the requirements of s. 461.40, a physician assistant may provide expedited partner therapy if a patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician assistant shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the physician assistant is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary, bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."

AB575,21,7 (3) The physician assistant shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

AB575,21,11 (4) (a) Except as provided in par. (b), a physician assistant is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

AB575,21,14 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician assistant whose act or omission involves reckless, wanton, or intentional misconduct.

AB575,21,16 461.037 Prescriptions for and delivery of opioid antagonists. (1) In this section:

AB575,21,17 (a) “Administer" has the meaning given in s. 450.01 (1).

AB575,21,18 (b) “Deliver" has the meaning given in s. 450.01 (5).

AB575,21,19 (c) “Dispense" has the meaning given in s. 450.01 (7).

AB575,21,20 (d) “Opioid antagonist" has the meaning given in s. 450.01 (13v).

AB575,21,21 (e) “Opioid-related drug overdose" has the meaning given in s. 256.40 (1) (d).

AB575,21,22 (f) “Standing order" has the meaning given in s. 450.01 (21p).