AB828,1,8 1An Act to amend 29.171 (4) (a) 4. (intro.), 29.171 (4) (a) 5., 29.171 (4) (c), 29.193
2(2) (b) 2., 29.193 (2) (c) 3., 29.193 (2) (e), 29.193 (3) (a), 252.11 (1m) and 343.16
3(5) (a) of the statutes; relating to: allowing certified advanced practice nurse
4prescribers to determine an illness or injury and complete forms for the purpose
5of medical review related to motor vehicle operator's licenses, allowing certified
6advanced practice nurse prescribers to treat minors for sexually transmitted
7diseases, and allowing certified advanced practice nurse prescribers to
8determine disability for the purpose of issuing certain hunting permits.
Analysis by the Legislative Reference Bureau
This bill allows certified advanced practice nurse prescribers to provide certain
services provided by other health care providers.
transportation
Under current law, the Department of Transportation (DOT) may require an
operator's license applicant or licensee to submit to a special examination to
determine incompetency, physical or mental disability, disease, or any other
condition that might prevent the applicant or licensee from exercising reasonable
and ordinary control over a motor vehicle. If DOT receives a report from a physician,
advanced practice nurse prescriber, or optometrist, DOT must determine whether

the operator should submit to a special examination. When DOT receives the results
of a special examination, DOT must consider the recommendation of the examiner
together with other evidence in determining if it is in the interest of public safety to
issue, renew, deny, or cancel a license.
This bill specifies that a special examination required by DOT may be
conducted by, and the results of the examination certified by, a physician, certified
advanced practice nurse prescriber, or optometrist.
natural resources
Under current law, the Department of Natural Resources (DNR) is authorized
to issue certain hunting permits that authorize hunting by persons who have a
physical disability or who are visually handicapped (specialized permits). Among
the privileges granted by these specialized permits is the privilege of hunting with
assistance rendered by another person and, under some circumstances, hunting with
a crossbow. In order to obtain a specialized permit from DNR, a person must submit
an application furnished by DNR that includes a statement or report prepared and
signed by a specified medical professional verifying that the applicant is physically
disabled. A person may also obtain a specialized permit even if the person would
otherwise be ineligible for a specialized permit if DNR, based on the recommendation
of a specified medical professional, determines that the issuance of the permit
complies with the intent of the law.
This bill authorizes an applicant for a specialized permit to submit a statement,
report, or recommendation from a certified advanced practice nurse prescriber, in
addition to the medical professionals specified current law, in support of a specialized
permit application.
Current law also requires DNR to issue an annual or temporary disabled person
fishing license (disabled fishing license) to a resident who produces a certificate from
a specified medical professional stating that his or her sight is impaired to a specified
degree. Among the privileges of a disabled fishing license is the right to pay a reduced
fee for the license and the authority to fish during special fishing seasons designated
by DNR. This bill allows advanced practice nurse prescribers, in addition to the
medical professionals specified under current law, to furnish the required certificate
for a disabled fishing license.
health care
Under current law, physicians may examine, diagnose, and treat a minor with
a sexually transmitted disease, which includes syphilis, gonorrhea, and chlamydia,
without obtaining consent of the minor's parents or guardian. The physician may not
be held civilly liable for not having that consent.
The bill allows an advanced practice nurse prescriber to examine, diagnose, and
treat a minor with a sexually transmitted disease without obtaining the parent's or
guardian's consent and relieves the advanced practice nurse prescriber from civil
liability for not having that consent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB828, s. 1
1Section 1. 29.171 (4) (a) 4. (intro.) of the statutes is amended to read:
AB828,3,62 29.171 (4) (a) 4. (intro.) Has a permanent substantial loss of function in one or
3both arms or one or both hands and fails to meet the minimum standards of any one
4of the following standard tests, administered under the direction of a licensed
5physician or, an advanced practice nurse prescriber certified under s. 441.16 (2), or
6a licensed chiropractor:
AB828, s. 2 7Section 2. 29.171 (4) (a) 5. of the statutes is amended to read:
AB828,3,118 29.171 (4) (a) 5. Has a permanent substantial loss of function in one or both
9shoulders and fails to meet the minimum standards of the standard shoulder
10strength tests, administered under the direction of a licensed physician , an advanced
11practice nurse prescriber certified under s. 441.16 (2),
or a licensed chiropractor.
AB828, s. 3 12Section 3. 29.171 (4) (c) of the statutes is amended to read:
AB828,3,2213 29.171 (4) (c) The department may issue a crossbow permit to an applicant who
14is ineligible for a permit under par. (a) or who is denied a permit under par. (a) if, upon
15review and after considering the physical condition of the applicant and the
16recommendation of a licensed physician, an advanced practice nurse prescriber
17certified under s. 441.16 (2),
or licensed chiropractor selected by the applicant from
18a list of licensed physicians advanced, practice nurse prescribers certified under s.
19441.16 (2),
and licensed chiropractors compiled by the department, the department
20finds that issuance of a permit complies with the intent of this subsection. The use
21of this review procedure is discretionary with the department and all costs of the
22review procedure shall be paid by the applicant.
AB828, s. 4 23Section 4. 29.193 (2) (b) 2. of the statutes, as affected by 2009 Wisconsin Act
24.... (Senate Bill 191), is amended to read:
AB828,4,6
129.193 (2) (b) 2. An applicant shall submit an application on a form prepared
2and furnished by the department, which shall include a written statement or report
3prepared and signed by a licensed physician, an advanced practice nurse prescriber
4certified under s. 441.16 (2), a
licensed chiropractor, or a licensed podiatrist prepared
5no more than 6 months preceding the application and verifying that the applicant
6is physically disabled.
AB828, s. 5 7Section 5. 29.193 (2) (c) 3. of the statutes, as affected by 2009 Wisconsin Act
8.... (Senate Bill 191), is amended to read:
AB828,4,199 29.193 (2) (c) 3. The department may issue a Class B permit to an applicant
10who is ineligible for a permit under subd. 1., 2. or 2m. or who is denied a permit under
11subd. 1., 2. or 2m. if, upon review and after considering the physical condition of the
12applicant and the recommendation of a licensed physician, an advanced practice
13nurse prescriber certified under s. 441.16 (2),
a licensed chiropractor, or a licensed
14podiatrist selected by the applicant from a list of licensed physicians, advanced
15practice nurse prescribers certified under s. 441.16 (2),
licensed chiropractors, and
16licensed podiatrists compiled by the department, the department finds that issuance
17of a permit complies with the intent of this subsection. The use of this review
18procedure is discretionary with the department and all costs of the review procedure
19shall be paid by the applicant.
AB828, s. 6 20Section 6. 29.193 (2) (e) of the statutes, as affected by 2009 Wisconsin Act ....
21(Senate Bill 191), is amended to read:
AB828,5,522 29.193 (2) (e) Review of decisions. An applicant denied a permit under this
23subsection, except a permit under par. (c) 3., may obtain a review of that decision by
24a licensed physician, an advanced practice nurse prescriber certified under s. 441.16
25(2),
a licensed chiropractor, or a licensed podiatrist designated by the department

1and with an office located in the department district in which the applicant resides.
2The department shall pay for the cost of a review under this paragraph unless the
3denied application on its face fails to meet the standards set forth in par. (c) 1. or 2.
4A review under this paragraph is the only method of review of a decision to deny a
5permit under this subsection and is not subject to further review under ch. 227.
AB828, s. 7 6Section 7. 29.193 (3) (a) of the statutes is amended to read:
AB828,5,107 29.193 (3) (a) Produces a certificate from a licensed physician, an advanced
8practice nurse prescriber certified under s. 441.16 (2),
or an optometrist stating that
9his or her sight is impaired to the degree that he or she cannot read ordinary
10newspaper print with or without corrective glasses.
AB828, s. 8 11Section 8. 252.11 (1m) of the statutes is amended to read:
AB828,5,2112 252.11 (1m) A physician or other health care professional called to attend a
13person infected with any form of sexually transmitted disease, as specified in rules
14promulgated by the department, shall report the disease to the local health officer
15and to the department in the manner directed by the department in writing on forms
16furnished by the department. A physician, or an advanced practice nurse prescriber
17certified under s. 441.16 (2),
may treat a minor infected with a sexually transmitted
18disease or examine and diagnose a minor for the presence of such a disease without
19obtaining the consent of the minor's parents or guardian. The physician or advanced
20practice nurse prescriber
shall incur no civil liability solely by reason of the lack of
21consent of the minor's parents or guardian.
AB828, s. 9 22Section 9. 343.16 (5) (a) of the statutes is amended to read:
AB828,6,2423 343.16 (5) (a) The secretary may require any applicant for a license or any
24licensed operator to submit to a special examination by such persons or agencies as
25the secretary may direct to determine incompetency, physical or mental disability,

1disease, or any other condition that might prevent such applicant or licensed person
2from exercising reasonable and ordinary control over a motor vehicle. If the
3department requires the applicant to submit to an examination, the applicant shall
4pay for the examination. If the department receives an application for a renewal or
5duplicate license after voluntary surrender under s. 343.265 or receives a report from
6a physician, advanced practice nurse prescriber certified under s. 441.16 (2), or
7optometrist under s. 146.82 (3), or if the department has a report of 2 or more arrests
8within a one-year period for any combination of violations of s. 346.63 (1) or (5) or
9a local ordinance in conformity with s. 346.63 (1) or (5) or a law of a federally
10recognized American Indian tribe or band in this state in conformity with s. 346.63
11(1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09
12where the offense involved the use of a vehicle, the department shall determine, by
13interview or otherwise, whether the operator should submit to an examination under
14this section. The examination may consist of an assessment. If the examination
15results from the department receiving a report from a physician, advanced practice
16nurse prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), the
17examination may be conducted by, and the results of the examination certified by, a
18physician, advanced practice nurse prescriber certified under s. 441.16 (2), or
19optometrist.
If the examination indicates that education or treatment for a
20disability, disease or condition concerning the use of alcohol, a controlled substance
21or a controlled substance analog is appropriate, the department may order a driver
22safety plan in accordance with s. 343.30 (1q). If there is noncompliance with
23assessment or the driver safety plan, the department shall revoke the person's
24operating privilege in the manner specified in s. 343.30 (1q) (d).
AB828,6,2525 (End)
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