Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB31 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-1923/1
3	3	JPC:cdc
4	4	2025 SENATE BILL 31
5	5	February 12, 2025 - Introduced by Senator CABRAL-GUEVARA, cosponsored by
6	6	Representatives GUNDRUM, ARMSTRONG, BRILL, CALLAHAN, GOEBEN, KNODL,
7	7	KREIBICH, MURPHY, SINICKI, SUBECK, WICHGERS and STUBBS. Referred to
8	8	Committee on Health.
9	9	AN ACT to renumber and amend 251.07; to amend 165.25 (6) (c), 251.07
10	10	(title), 252.04 (9) and 895.46 (5) (b); to create 251.07 (1) and 252.01 (5) of the
11	11	statutes; relating to: state agency status for certain physician assistants and
12	12	advanced practice nurses who provide services without compensation for local
13	13	health departments or school districts.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill provides that physician assistants and advanced practice nurse
16	16	prescribers who are not employed by a local health department but who provide
17	17	services without compensation for the programs and services provided by a local
18	18	health department are, for the provision of those services, state agents of the
19	19	Department of Health Services in certain circumstances for certain legal purposes
20	20	and protections. For example, under the bill, if a physician assistant or certified
21	21	advanced practice nurse prescriber who is considered a state agent of DHS is a
22	22	defendant in any action or special proceeding because of acts they committed within
23	23	the scope of their agency, any judgment as to damages and costs entered against
24	24	them shall be paid by DHS.
25	25	Further, this bill provides that physician assistants and advanced practice
26	26	nurse prescribers may be selected by a school district or a local health department
27	27	to supervise an immunization program and issue orders for the administration of
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32	32	5 2025 - 2026 Legislature
33	33	SENATE BILL 31
34	34	- 2 - LRB-1923/1
35	35	JPC:cdc
36	36	immunizations that are in accordance with written protocols issued by DHS. If the
37	37	physician assistant or advanced practice nurse prescriber is not an employee of the
38	38	school district or local health department, receives no compensation for his or her
39	39	services as supervisor of the immunization program, and acts in accordance with
40	40	written protocols issued by DHS, he or she is a state agent of DHS for the same
41	41	legal purposes and protections as described above.
42	42	For further information see the state fiscal estimate, which will be printed as
43	43	an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 165.25 (6) (c) of the statutes is amended to read:
47	47	165.25 (6) (c) Physicians, physician assistants, and advanced practice nurse
48	48	prescribers under s. 251.07 or 252.04 (9) (b) are covered by this section and shall be
49	49	considered agents of the department of health services for purposes of determining
50	50	which agency head may request the attorney general to appear and defend them.
51	51	SECTION 2. 251.07 (title) of the statutes is amended to read:
52	52	251.07 (title) Certain physicians health care providers; state agency
53	53	status.
54	54	SECTION 3. 251.07 of the statutes is renumbered 251.07 (2) and amended to
55	55	read:
56	56	251.07 (2) A physician, physician assistant, or advanced practice nurse
57	57	prescriber who is not an employee of the local health department and who provides
58	58	services, without compensation, for those programs and services provided by a local
59	59	health department that require medical oversight is, for the provision of the
60	60	services he or she provides, a state agent of the department of health services for
61	61	the purposes of ss. 165.25 (6), 893.82 (3), and 895.46.
62	62	SECTION 4. 251.07 (1) of the statutes is created to read:
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79	79	17 2025 - 2026 Legislature
80	80	SENATE BILL 31
81	81	- 3 - LRB-1923/1
82	82	JPC:cdc
83	83	SECTION 4
84	84	251.07 (1) In this section:
85	85	(a) XAdvanced practice nurse prescriberY means an advanced practice nurse
86	86	who is certified under s. 441.16 (2) to issue prescription orders.
87	87	(b) XPhysician assistantY means a person licensed under s. 448.974.
88	88	SECTION 5. 252.01 (5) of the statutes is created to read:
89	89	252.01 (5) XPhysician assistantY means a person licensed under s. 448.974.
90	90	SECTION 6. 252.04 (9) of the statutes is amended to read:
91	91	252.04 (9) (a) An immunization program under sub. (8) shall be supervised by
92	92	a physician, physician assistant, or advanced practice nurse prescriber selected by
93	93	the school district or local health department, who shall issue written orders for the
94	94	administration of immunizations that are in accordance with written protocols
95	95	issued by the department.
96	96	(b) If the physician, physician assistant, or advanced practice nurse prescriber
97	97	under par. (a) is not an employee of the county, city, village or school district,
98	98	receives no compensation for his or her services under par. (a) and acts under par.
99	99	(a) in accordance with written protocols issued by the department, he or she is a
100	100	state agent of the department for the purposes of ss. 165.25 (6), 893.82 (3) and
101	101	895.46.
102	102	(c) The department may disapprove the selection made under par. (a) or may
103	103	require the removal of a physician, physician assistant, or advanced practice nurse
104	104	prescriber selected.
105	105	SECTION 7. 895.46 (5) (b) of the statutes is amended to read:
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127	127	22 2025 - 2026 Legislature
128	128	SENATE BILL 31
129	129	- 4 - LRB-1923/1
130	130	JPC:cdc
131	131	SECTION 7
132	132	895.46 (5) (b) A physician, physician assistant, or advanced practice nurse
133	133	prescriber under s. 251.07 or 252.04 (9) (b).
134	134	(END)
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