2025 - 2026 LEGISLATURE
LRB-0737/1
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2025 ASSEMBLY BILL 12
February 6, 2025 - Introduced by Representatives GUNDRUM, ARMSTRONG, BRILL,
GOEBEN, KNODL, KREIBICH, SUBECK, WICHGERS, CALLAHAN, SINICKI and
O'CONNOR, cosponsored by Senator CABRAL-GUEVARA. Referred to Committee
on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 251.07; to amend 165.25 (6) (c), 251.07
(title), 252.04 (9) and 895.46 (5) (b); to create 251.07 (1) and 252.01 (5) of the
statutes; relating to: state agency status for certain physician assistants and
advanced practice nurses who provide services without compensation for local
health departments or school districts.
Analysis by the Legislative Reference Bureau
This bill provides that physician assistants and advanced practice nurse
prescribers who are not employed by a local health department but who provide
services without compensation for the programs and services provided by a local
health department are, for the provision of those services, state agents of the
Department of Health Services in certain circumstances for certain legal purposes
and protections. For example, under the bill, if a physician assistant or certified
advanced practice nurse prescriber who is considered a state agent of DHS is a
defendant in any action or special proceeding because of acts they committed within
the scope of their agency, any judgment as to damages and costs entered against
them shall be paid by DHS.
Further, this bill provides that physician assistants and advanced practice
nurse prescribers may be selected by a school district or a local health department
to supervise an immunization program and issue orders for the administration of
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immunizations that are in accordance with written protocols issued by DHS. If the
physician assistant or advanced practice nurse prescriber is not an employee of the
school district or local health department, receives no compensation for his or her
services as supervisor of the immunization program, and acts in accordance with
written protocols issued by DHS, he or she is a state agent of DHS for the same
legal purposes and protections as described above.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 165.25 (6) (c) of the statutes is amended to read:
165.25 (6) (c) Physicians, physician assistants, and advanced practice nurse
prescribers under s. 251.07 or 252.04 (9) (b) are covered by this section and shall be
considered agents of the department of health services for purposes of determining
which agency head may request the attorney general to appear and defend them.
SECTION 2. 251.07 (title) of the statutes is amended to read:
251.07 (title) Certain physicians health care providers; state agency
status.
SECTION 3. 251.07 of the statutes is renumbered 251.07 (2) and amended to
read:
251.07 (2) A physician, physician assistant, or advanced practice nurse
prescriber who is not an employee of the local health department and who provides
services, without compensation, for those programs and services provided by a local
health department that require medical oversight is, for the provision of the
services he or she provides, a state agent of the department of health services for
the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.
SECTION 4. 251.07 (1) of the statutes is created to read:
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SECTION 4
251.07 (1) In this section:
(a) XAdvanced practice nurse prescriberY means an advanced practice nurse
who is certified under s. 441.16 (2) to issue prescription orders.
(b) XPhysician assistantY means a person licensed under s. 448.974.
SECTION 5. 252.01 (5) of the statutes is created to read:
252.01 (5) XPhysician assistantY means a person licensed under s. 448.974.
SECTION 6. 252.04 (9) of the statutes is amended to read:
252.04 (9) (a) An immunization program under sub. (8) shall be supervised by
a physician, physician assistant, or advanced practice nurse prescriber selected by
the school district or local health department, who shall issue written orders for the
administration of immunizations that are in accordance with written protocols
issued by the department.
(b) If the physician, physician assistant, or advanced practice nurse prescriber
under par. (a) is not an employee of the county, city, village or school district,
receives no compensation for his or her services under par. (a) and acts under par.
(a) in accordance with written protocols issued by the department, he or she is a
state agent of the department for the purposes of ss. 165.25 (6), 893.82 (3) and
895.46.
(c) The department may disapprove the selection made under par. (a) or may
require the removal of a physician, physician assistant, or advanced practice nurse
prescriber selected.
SECTION 7. 895.46 (5) (b) of the statutes is amended to read:
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SECTION 7
895.46 (5) (b) A physician, physician assistant, or advanced practice nurse
prescriber under s. 251.07 or 252.04 (9) (b).
(END)
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