Terms Used In Wisconsin Statutes 440.077

  • Acquire: when used in connection with a grant of power to any person, includes the acquisition by purchase, grant, gift or bequest. See Wisconsin Statutes 990.01
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
  • Physician assistant: means a person licensed as a physician assistant under subch. See Wisconsin Statutes 990.01
  • Promulgate: when used in connection with a rule, as defined under…. See Wisconsin Statutes 990.01
  • Registered nurse: includes a registered nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01
  • State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
   (1)    In this section:
      (a)    “Advanced practice nurse prescriber” means an advanced practice nurse prescriber certified under s. 441.16 (2).
      (am)    “Community-based residential facility” has the meaning given in s. 50.01 (1g).
      (b)    “Disease” means any pain, injury, deformity, physical or mental illness, or departure from complete health or the proper condition of the human body or any of its parts.
      (c)    “Inpatient health care facility” has the meaning given in s. 50.135 (1).
      (d)    “Military medical personnel” means a person who has served as an army medic, a navy or coast guard corpsman, or an air force aerospace medical technician in the U.S. armed forces and who was discharged or released from such service in the previous 12 months under honorable or general conditions.
      (e)    “Physician assistant” has the meaning given in s. 448.971 (2).
      (f)    “Podiatrist” has the meaning given in s. 448.60 (3).
      (g)    “Registered professional nurse” means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k).
      (gm)    “Residential care apartment complex” has the meaning given in s. 50.01 (6d).
      (h)   
         1.    “Skilled health services” means any of the following:
            a.    To examine into the fact, condition, or cause of human health or disease, or to treat, operate, prescribe, or advise for the same, by any means or instrumentality.
            b.    To apply principles or techniques of medical sciences in the diagnosis or prevention of any of the conditions in subd. 1. a. and par. (b).
            c.    To penetrate, pierce, or sever the tissues of a human being.
            d.    To offer, undertake, attempt, or hold oneself out in any manner as able to do any of the acts described in this paragraph.
         2.    “Skilled health services” does not include surgical procedures or issuing prescription orders.
   (2)   
      (a)    The department, in collaboration with the department of veterans affairs, the medical examining board, and the board of nursing, shall establish a program in which military medical personnel may temporarily perform certain skilled health services while supervised in an inpatient health care facility, outpatient health care facility, community-based residential facility, or a residential care apartment complex without having to obtain a license under s. 441.06, 441.10, 448.04, 448.61, or 448.974.
      (b)    Under the program under par. (a), the services that a military medical personnel may provide shall reflect the level of training and experience of the military medical personnel. Before performing any services under the program under par. (a), the military medical personnel shall complete and sign a memorandum of understanding on a form prescribed by the medical examining board and shall submit the memorandum of understanding to his or her employer. The memorandum of understanding shall detail the military medical personnel’s scope of practice.
      (c)    Under the program under par. (a), a participating military medical personnel shall be supervised by a physician, physician assistant, podiatrist, registered professional nurse, or advanced practice nurse prescriber. The supervising physician, physician assistant, podiatrist, registered professional nurse, or advanced practice nurse prescriber shall retain responsibility for the care of the patient.
   (3)   
      (a)    In order to participate in the program under sub. (2) (a), a military medical personnel shall establish a reasonable timeline with his or her employer that describes the actions the military medical personnel intends to take to acquire a license under s. 441.06, 441.10, 448.04, 448.61, or 448.974 including the date by which the military medical personnel agrees to acquire the license. The military medical personnel shall submit the timeline to the department on a form provided by the department.
      (b)    A military medical personnel becomes ineligible to participate in the program under sub. (2) (a) beginning on the day after the date that the military medical personnel agreed to acquire a license under par. (a).
      (c)    The timeline to acquire a license under par. (a) may not be longer than is reasonably necessary considering the license the military medical personnel intends to acquire, his or her education and experience, and any other relevant factors.
      (d)    The medical examining board may extend the timeline under par. (a) if it appears that, because of unforeseen circumstances, the applicant requires more time to receive a license under s. 441.06, 441.10, 448.04, 448.61, or 448.974.
   (4)   The medical examining board shall oversee the operations of the program under sub. (2) (a).
   (5)   The department may promulgate any rules necessary for the administration of this section.

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