441.16 Cross-reference Cross-reference: See also ch. N 8, Wis. adm. code.

441.18 441.18 Prescriptions for and delivery of opioid antagonists.

441.18(1) (1) In this section:

441.18(1)(a) (a) “Administer” has the meaning given in s. 450.01 (1).

441.18(1)(b) (b) “Deliver” has the meaning given in s. 450.01 (5).

441.18(1)(c) (c) “Dispense” has the meaning given in s. 450.01 (7).

441.18(1)(d) (d) “Opioid antagonist” has the meaning given in s. 450.01 (13v).

441.18(1)(e) (e) “Opioid-related drug overdose” has the meaning given in s. 256.40 (1) (d).

441.18(1)(f) (f) “Standing order” has the meaning given in s. 450.01 (21p).

441.18(2) (2) 

441.18(2)(a) (a) An advanced practice nurse certified to issue prescription orders under s. 441.16 may do any of the following:

441.18(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.

441.18(2)(a)2. 2. Issue a standing order to one or more persons authorizing the dispensing of an opioid antagonist.

441.18(2)(b) (b) An advanced practice nurse 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.

441.18(3) (3) An advanced practice nurse 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. 441.07 for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.

441.18 History History: 2013 a. 200; 2015 a. 115.

441.19 441.19 Maintenance and detoxification treatment under federal waiver.

441.19(1) (1) In this section, “waiver” means a waiver issued by the federal department of health and human services under 21 USC 823 (g) (2) (A).

441.19(2) (2) With respect to the ability of an advanced practice nurse who is certified to issue prescription orders to obtain and practice under a waiver, a physician who meets any of the conditions specified in 21 USC 823 (g) (2) (G) (ii) shall be considered eligible to serve as a qualifying physician for purposes of the requirement under 21 USC 823 (g) (2) (G) (iv) (III), regardless of whether the physician himself or herself holds a waiver.

441.19 History History: 2017 a. 262.

subch. II of ch. 441 SUBCHAPTER II

NURSE LICENSURE COMPACT

441.51 441.51 Nurse licensure compact.

441.51(1) (1) Article I — Findings and declaration of purpose.

441.51(1)(a) (a) The party states find all of the following:

441.51(1)(a)1. 1. That the health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws.

441.51(1)(a)2. 2. That violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public.

441.51(1)(a)3. 3. That the expanded mobility of nurses and the use of advanced communication technologies as part of our nation’s health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation.

441.51(1)(a)4. 4. That new practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex.