Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB12 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-0737/1
3	3	JPC:cdc
4	4	2025 ASSEMBLY BILL 12
5	5	February 6, 2025 - Introduced by Representatives GUNDRUM, ARMSTRONG, BRILL,
6	6	GOEBEN, KNODL, KREIBICH, SUBECK, WICHGERS, CALLAHAN, SINICKI and
7	7	O'CONNOR, cosponsored by Senator CABRAL-GUEVARA. Referred to Committee
8	8	on Health, Aging and Long-Term Care.
9	9
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to renumber and amend 251.07; to amend 165.25 (6) (c), 251.07
12	12	(title), 252.04 (9) and 895.46 (5) (b); to create 251.07 (1) and 252.01 (5) of the
13	13	statutes; relating to: state agency status for certain physician assistants and
14	14	advanced practice nurses who provide services without compensation for local
15	15	health departments or school districts.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill provides that physician assistants and advanced practice nurse
18	18	prescribers who are not employed by a local health department but who provide
19	19	services without compensation for the programs and services provided by a local
20	20	health department are, for the provision of those services, state agents of the
21	21	Department of Health Services in certain circumstances for certain legal purposes
22	22	and protections. For example, under the bill, if a physician assistant or certified
23	23	advanced practice nurse prescriber who is considered a state agent of DHS is a
24	24	defendant in any action or special proceeding because of acts they committed within
25	25	the scope of their agency, any judgment as to damages and costs entered against
26	26	them shall be paid by DHS.
27	27	Further, this bill provides that physician assistants and advanced practice
28	28	nurse prescribers may be selected by a school district or a local health department
29	29	to supervise an immunization program and issue orders for the administration of
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34	34	5 2025 - 2026 Legislature
35	35	ASSEMBLY BILL 12
36	36	- 2 - LRB-0737/1
37	37	JPC:cdc
38	38	immunizations that are in accordance with written protocols issued by DHS. If the
39	39	physician assistant or advanced practice nurse prescriber is not an employee of the
40	40	school district or local health department, receives no compensation for his or her
41	41	services as supervisor of the immunization program, and acts in accordance with
42	42	written protocols issued by DHS, he or she is a state agent of DHS for the same
43	43	legal purposes and protections as described above.
44	44	For further information see the state fiscal estimate, which will be printed as
45	45	an appendix to this bill.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 165.25 (6) (c) of the statutes is amended to read:
49	49	165.25 (6) (c) Physicians, physician assistants, and advanced practice nurse
50	50	prescribers under s. 251.07 or 252.04 (9) (b) are covered by this section and shall be
51	51	considered agents of the department of health services for purposes of determining
52	52	which agency head may request the attorney general to appear and defend them.
53	53	SECTION 2. 251.07 (title) of the statutes is amended to read:
54	54	251.07 (title) Certain physicians health care providers; state agency
55	55	status.
56	56	SECTION 3. 251.07 of the statutes is renumbered 251.07 (2) and amended to
57	57	read:
58	58	251.07 (2) A physician, physician assistant, or advanced practice nurse
59	59	prescriber who is not an employee of the local health department and who provides
60	60	services, without compensation, for those programs and services provided by a local
61	61	health department that require medical oversight is, for the provision of the
62	62	services he or she provides, a state agent of the department of health services for
63	63	the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.
64	64	SECTION 4. 251.07 (1) of the statutes is created to read:
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82	82	ASSEMBLY BILL 12
83	83	- 3 - LRB-0737/1
84	84	JPC:cdc
85	85	SECTION 4
86	86	251.07 (1) In this section:
87	87	(a) XAdvanced practice nurse prescriberY means an advanced practice nurse
88	88	who is certified under s. 441.16 (2) to issue prescription orders.
89	89	(b) XPhysician assistantY means a person licensed under s. 448.974.
90	90	SECTION 5. 252.01 (5) of the statutes is created to read:
91	91	252.01 (5) XPhysician assistantY means a person licensed under s. 448.974.
92	92	SECTION 6. 252.04 (9) of the statutes is amended to read:
93	93	252.04 (9) (a) An immunization program under sub. (8) shall be supervised by
94	94	a physician, physician assistant, or advanced practice nurse prescriber selected by
95	95	the school district or local health department, who shall issue written orders for the
96	96	administration of immunizations that are in accordance with written protocols
97	97	issued by the department.
98	98	(b) If the physician, physician assistant, or advanced practice nurse prescriber
99	99	under par. (a) is not an employee of the county, city, village or school district,
100	100	receives no compensation for his or her services under par. (a) and acts under par.
101	101	(a) in accordance with written protocols issued by the department, he or she is a
102	102	state agent of the department for the purposes of ss. 165.25 (6), 893.82 (3) and
103	103	895.46.
104	104	(c) The department may disapprove the selection made under par. (a) or may
105	105	require the removal of a physician, physician assistant, or advanced practice nurse
106	106	prescriber selected.
107	107	SECTION 7. 895.46 (5) (b) of the statutes is amended to read:
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129	129	22 2025 - 2026 Legislature
130	130	ASSEMBLY BILL 12
131	131	- 4 - LRB-0737/1
132	132	JPC:cdc
133	133	SECTION 7
134	134	895.46 (5) (b) A physician, physician assistant, or advanced practice nurse
135	135	prescriber under s. 251.07 or 252.04 (9) (b).
136	136	(END)
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