Chapter 448

448.9705 Note NOTE: The cross-reference to s. 448.9704 (1) was changed from s. 448.974 (1) and the cross-reference to s. 448.9704 (1) (d) 2. was changed from s. 448.974 (1) (d) 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.974, as created by 2021 Wis. Act 251.

448.9705(2) (2) Except as provided in sub. (3), a temporary license issued under this section expires upon granting of a license under s. 448.9704 (1) or on whichever of the following dates occurs first:

448.9705 Note NOTE: The cross-reference to s. 448.9704 (1) was changed from s. 448.974 (1) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.974, as created by 2021 Wis. Act 251.

448.9705(2)(a) (a) The date that is one year after the date on which the temporary license was granted.

448.9705(2)(b) (b) If, after the applicant obtains a temporary license under this section, the American Board of Genetic Counseling administers the examination required under s. 448.9704 (1) (d) 2. and the applicant takes the examination, 30 days after the results of the examination are issued by the American Board of Genetic Counseling.

448.9705 Note NOTE: The cross-reference to s. 448.9704 (1) (d) 2. was changed from s. 448.974 (1) (d) 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.974, as created by 2021 Wis. Act 251.

448.9705(3) (3) The board may, in its discretion and only once, renew a temporary license issued to a person under this section, for a period specified by the board, if the person maintains active candidate status with the American Board of Genetic Counseling. The board may require an applicant for the renewal of a temporary license to appear before a member of the board for an interview.

448.9705(4) (4) A person who holds a temporary license issued under this section may not practice genetic counseling unless the person is under the supervision and direction of a genetic counselor or physician at all times while the person is practicing genetic counseling. The board may promulgate rules governing general supervision of a person holding a temporary license under this section by a genetic counselor or physician.

448.9705 Note NOTE: This section was created as s. 448.975 by 2021 Wis. Act 251 and renumbered to s. 448.9705 by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.9705 History History: 2021 a. 251; s. 13.92 (1) (bm) 2; s. 35.17 correction in (2) (intro.).

448.9706 448.9706 Issuance of license; expiration and renewal.

448.9706(1) (1) The department shall issue a certificate of licensure to each person who is licensed under this subchapter.

448.9706(2) (2) Except as provided in s. 448.9705, the renewal dates for licenses granted under this subchapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department, and shall include the renewal fee specified in s. 440.08 (2) (a) and proof of compliance with the requirements established by rules promulgated by the board under s. 448.9703 (3).

448.9706 Note NOTE: This section was created as s. 448.976 by 2021 Wis. Act 251 and renumbered to s. 448.9706 by the legislative reference bureau under s. 13.92 (1) (bm) 2. In sub. (2), the cross-reference to s. 448.9705 was changed from s. 448.975 and the cross-reference to s. 448.9703 (3) was changed from s. 448.973 (3) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of ss. 448.973 and 448.975, as created by 2021 Wis. Act 251.

448.9706 History History: 2021 a. 251; s. 13.92 (1) (bm) 2.

448.9707 448.9707 Disciplinary proceedings and actions; prohibited practice.

448.9707(1) (1) Subject to the rules promulgated under s. 440.03 (1), the board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

448.9707(2) (2) Subject to the rules promulgated under s. 440.03 (1), the board may reprimand a genetic counselor or may deny, limit, suspend, or revoke a license granted under this subchapter if it finds that the applicant or genetic counselor has done any of the following:

448.9707(2)(a) (a) Made a material misstatement in an application for a license or for renewal of a license.

448.9707(2)(b) (b) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.

448.9707(2)(c) (c) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of genetic counseling.

448.9707(2)(d) (d) Been adjudicated mentally incompetent by a court.

448.9707(2)(e) (e) Advertised in a manner that is false, deceptive, or misleading.

448.9707(2)(f) (f) Advertised, practiced, or attempted to practice under another’s name.

448.9707(2)(g) (g) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the practice of genetic counseling while the applicant’s or licensee’s ability to practice or assist was impaired by alcohol or other drugs.

448.9707(2)(h) (h) Engaged in unprofessional or unethical conduct in violation of the code of ethics adopted in the rules promulgated under s. 448.9703 (1).

448.9707 Note NOTE: The cross-reference to s. 448.9703 (1) was changed from s. 448.973 (1) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.973, as created by 2021 Wis. Act 251.

448.9707(2)(i) (i) Engaged in conduct while practicing genetic counseling that evidences a lack of knowledge or ability to apply professional principles or skills.

448.9707(2)(j) (j) Violated this subchapter or any rule promulgated under this subchapter.

448.9707(3) (3) The board shall revoke the license of a genetic counselor who has failed to maintain certification with the American Board of Genetic Counseling or whose certification with the American Board of Genetic Counseling has been revoked.

448.9707(4) (4) 

448.9707(4)(a) (a) A genetic counselor may voluntarily surrender his or her license to the board, which may refuse to accept the surrender if the board has received allegations of unprofessional conduct against the genetic counselor. The board may negotiate stipulations in consideration for accepting the surrender of licenses.

448.9707(4)(b) (b) The board may restore a license that has been voluntarily surrendered under par. (a) on such terms and conditions as it considers appropriate.

448.9707(5) (5) The board shall prepare and disseminate to the public an annual report that describes final disciplinary action taken against genetic counselors during the preceding year.

448.9707(6) (6) The board may report final disciplinary action taken against a genetic counselor to any national database that includes information about disciplinary action taken against health care professionals.

448.9707(7) (7) A genetic counselor may not encourage an expectant parent to obtain an elective abortion.

448.9707 Note NOTE: This section was created as s. 448.977 by 2021 Wis. Act 251 and renumbered to s. 448.9707 by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.9707 History History: 2021 a. 251; s. 13.92 (1) (bm) 2.

448.9708 448.9708 Injunctive relief. If the board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the board, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

448.9708 Note NOTE: This section was created as s. 448.978 by 2021 Wis. Act 251 and renumbered to s. 448.9708 by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.9708 History History: 2021 a. 251; s. 13.92 (1) (bm) 2.

448.9709 448.9709 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

448.9709 Note NOTE: This section was created as s. 448.979 by 2021 Wis. Act 251 and renumbered to s. 448.9709 by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.9709 History History: 2021 a. 251; s. 13.92 (1) (bm) 2.

subch. IX of ch. 448 SUBCHAPTER IX

PHYSICIAN ASSISTANT AFFILIATED
CREDENTIALING BOARD

Subch. IX of ch. 448 Note NOTE: Subch. IX (title) was renumbered from subch. VIII (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.971 448.971 Definitions. In this subchapter, unless the context requires otherwise:

448.971(1) (1) “Board” means the physician assistant affiliated credentialing board.

448.971(1L) (1L) “Compact” means the PA licensure compact under s. 448.988.

448.971(1m) (1m) “Compact privilege” means a compact privilege, as defined in s. 448.988 (2) (b), that is granted under the compact to an individual to practice in this state.

448.971(2) (2) “Physician assistant” means a person who is licensed under this subchapter or who holds a compact privilege.

448.971(3) (3) “Podiatrist” has the meaning given in s. 448.60 (3).

448.971(4) (4) “Podiatry” has the meaning given in s. 448.60 (4).

448.971 History History: 2021 a. 23; 2023 a. 81.

448.972 448.972 License required; exceptions.

448.972(1) (1) Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or “physician assistant,” use or assume the title “PA” or “physician assistant,” or append to the person’s name the words or letters “physician assistant,” “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 subchapter or holds a compact privilege.

448.972(2) (2) Subsection (1) does not apply with respect to any of the following:

448.972(2)(a) (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 subchapter is required by the federal government.

448.972(2)(b) (b) A person who satisfies the requirement under s. 448.974 (1) (a) 3. but who is not licensed under this subchapter. 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.

448.972(3) (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.”

448.972 History History: 2021 a. 23; 2023 a. 81.

448.9725 448.9725 Expedited partner therapy.

448.9725(1) (1) In this section:

448.9725(1)(b) (b) “Antimicrobial drug” has the meaning given in s. 448.035 (1) (b).

448.9725(1)(c) (c) “Expedited partner therapy” has the meaning given in s. 448.035 (1) (c).

448.9725(2) (2) Notwithstanding the requirements of s. 448.9785, 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.”

448.9725(3) (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.

448.9725(4) (4) 

448.9725(4)(a) (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.

448.9725(4)(b) (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.

448.9725 History History: 2021 a. 23.

448.9727 448.9727 Prescriptions for and delivery of opioid antagonists.

448.9727(1) (1) In this section:

448.9727(1)(a) (a) “Administer” has the meaning given in s. 450.01 (1).

448.9727(1)(b) (b) “Deliver” has the meaning given in s. 450.01 (5).

448.9727(1)(c) (c) “Dispense” has the meaning given in s. 450.01 (7).

448.9727(1)(d) (d) “Opioid antagonist” has the meaning given in s. 450.01 (13v).

448.9727(1)(e) (e) “Opioid-related drug overdose” has the meaning given in s. 256.40 (1) (d).

448.9727(1)(f) (f) “Standing order” has the meaning given in s. 450.01 (21p).

448.9727(2) (2) 

448.9727(2)(a) (a) A physician assistant may do any of the following:

448.9727(2)(a)1. 1. Prescribe an opioid antagonist to a person in a position to assist an individual at risk of undergoing an opioid-related drug overdose and may deliver the opioid antagonist to that person. A prescription order under this subdivision need not specify the name and address of the individual to whom the opioid antagonist will be administered, but shall instead specify the name of the person to whom the opioid antagonist is prescribed.

448.9727(2)(a)2. 2. Issue a standing order to one or more persons authorizing the dispensing of an opioid antagonist.

448.9727(2)(b) (b) A 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.

448.9727(3) (3) A 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. 448.978 for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.

448.9727 History History: 2021 a. 23.

448.973 448.973 Powers and duties of board.

448.973(1) (1)