SB306-AA6,20,54 (b) "Low birth weight" means a birth weight that is more than 1,500 grams and
5less than 2,500 grams.
SB306-AA6,20,66 (c) "Very low birth weight" means a birth weight of 1,500 grams or less.
SB306-AA6,20,77 (d) "Very premature birth" means a birth at less than 32 weeks gestation.
SB306-AA6,20,19 8(2) (a) The department shall annually prepare a report relating to fetal and
9infant mortality and birth outcomes in this state. The report shall include data
10related to births and birth outcomes in this state in the previous calendar year, and
11an analysis of that data. The department shall collaborate with local health
12departments, tribes, and other interested parties to determine the data and data
13analysis to be included in the report and the procedures by which the data will be
14collected and reported to the department. The department shall ensure that the
15report, to the greatest extent possible, includes data and analysis that are necessary
16and useful for the development and evaluation of programs to address disparities in
17birth outcomes among racial and ethnic groups in this state. The department shall
18periodically consult with interested parties to review and update the data and
19analysis required in the report as needed to ensure that this goal continues to be met.
SB306-AA6,20,2120 (b) The report under par. (a) shall include, at a minimum, the following
21information:
SB306-AA6,20,2222 1. The number and rate of infant deaths in each county.
SB306-AA6,20,2323 2. The causes of infant deaths in each county.
SB306-AA6,20,2424 3. The number and rate of very premature births in each county.
SB306-AA6,21,2
14. The number of low birth weight infants born in each county and of the rate
2of those births in each county.
SB306-AA6,21,43 5. The number of very low birth weight infants born in each county and the rate
4of those births in each county.
SB306-AA6,21,65 6. The race or ethnicity of the infant provided on the birth certificate for births
6identified in subd. 1., 3., 4., or 5.
SB306-AA6,21,97 (c) The department, in collaboration with the groups identified in par. (a), shall
8consider including in the report data related to the type of prenatal care, if any,
9received by the mother of each infant whose birth data is included in the report.
SB306-AA6,21,1110 (d) Beginning June 30, 2013, and on every June 30 after that, the department
11shall do all of the following:
SB306-AA6,21,1312 1. Submit the report to the appropriate standing committees of the legislature
13under s. 13.172 (3).
SB306-AA6,21,1414 2. Post the report on its Internet Web site.
SB306-AA6,21,1815 3. Post, on its Internet Web site, the raw data collected in the previous calendar
16year for purposes of the annual report. The data shall be presented in a manner that
17does not disclose or enable the identification of any individual infant, mother, or birth
18attendant.
SB306-AA6,21,21 19(3) The department shall explore whether any of the costs of collecting the data
20and creating the report under sub. (2) may be funded by the Medical Assistance
21program.
SB306-AA6, s. 10e 22Section 10e. 441.15 (1) (a) of the statutes is repealed.
SB306-AA6, s. 10f 23Section 10f. 441.15 (1) (am) of the statutes is created to read:
SB306-AA6,21,2524 441.15 (1) (am) "Nurse-midwife" means a person licensed under this section
25to engage in the practice of nurse-midwifery.
SB306-AA6, s. 10g
1Section 10g. 441.15 (1) (c) of the statutes is created to read:
SB306-AA6,22,42 441.15 (1) (c) "Qualified health care professional" means a health care
3professional as defined in s. 180.1901 (1m) who is performing services within his or
4her scope of practice.
SB306-AA6, s. 10h 5Section 10h. 441.15 (2) (b) of the statutes is amended to read:
SB306-AA6,22,86 441.15 (2) (b) The practice occurs in a health care facility approved by the board
7by rule under sub. (3) (c), in collaboration with a physician with postgraduate
8training in obstetrics, and pursuant to a written agreement with that physician
.
SB306-AA6, s. 10i 9Section 10i. 441.15 (3) (c) of the statutes is amended to read:
SB306-AA6,22,1510 441.15 (3) (c) The board shall promulgate rules necessary to administer this
11section, including the establishment of appropriate limitations on the scope of the
12practice of nurse-midwifery, the facilities in which such practice may occur, the
13definition of "elective" for purposes of the prohibition in sub. (4m),
and the granting
14of temporary permits to practice nurse-midwifery pending qualification for
15certification.
SB306-AA6, s. 10j 16Section 10j. 441.15 (4) of the statutes is amended to read:
SB306-AA6,22,2117 441.15 (4) A nurse-midwife who discovers evidence that any aspect of care
18involves any complication which jeopardizes the health or life of a newborn or mother
19shall consult with the collaborating physician under sub. (2) (b) or the physician's
20designee, or make a referral as specified in a written agreement under sub. (2) (b)
a
21qualified health care professional or make a referral
.
SB306-AA6, s. 10k 22Section 10k. 441.15 (4m) of the statutes is created to read:
SB306-AA6,23,423 441.15 (4m) No nurse-midwife may perform an elective procedure intended
24to induce labor in a pregnant woman before the completion of a gestational period
25of 39 weeks unless the nurse-midwife has first obtained the informed consent of the

1woman. A woman's consent is informed for purposes of this subsection only if she
2receives timely information orally and in person from the nurse-midwife regarding
3potential negative effects to the fetus of early delivery, including long-term learning
4and behavioral problems.
SB306-AA6, s. 10L 5Section 10L. 448.02 (3) (a) of the statutes is amended to read:
SB306-AA6,23,246 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
7and negligence in treatment by persons holding a license, certificate , or limited
8permit granted by the board. An allegation that a physician has violated s. 253.10
9(3), 448.30, 448.35, or 450.13 (2); or has failed to mail or present a medical
10certification required under s. 69.18 (2) within 21 days after the pronouncement of
11death of the person who is the subject of the required certificate ; or that a physician
12has failed at least 6 times within a 6-month period to mail or present a medical
13certificate required under s. 69.18 (2) within 6 days after the pronouncement of death
14of the person who is the subject of the required certificate is an allegation of
15unprofessional conduct. Information contained in reports filed with the board under
16s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall
17be investigated by the board. Information contained in a report filed with the board
18under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of
19negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the
20discretion of the board, be used as the basis of an investigation of a person named in
21the report. The board may require a person holding a license, certificate, or limited
22permit to undergo, and may consider the results of , one or more physical, mental, or
23professional competency examinations if the board believes that the results of any
24such examinations may be useful to the board in conducting its investigation.
SB306-AA6, s. 10m 25Section 10m. 448.35 of the statutes is created to read:
SB306-AA6,24,8
1448.35 Informed consent for certain elective procedures. No physician
2may perform an elective Caesarean section or an elective procedure intended to
3induce labor in a pregnant woman before the completion of a gestational period of 39
4weeks unless the physician has first obtained the informed consent of the woman.
5A woman's consent is informed for purposes of this section only if she receives timely
6information orally and in person from the physician regarding potential negative
7effects to the fetus of early delivery, including long-term learning and behavioral
8problems.
SB306-AA6, s. 10n 9Section 10n. 448.40 (2) (am) of the statutes is created to read:
SB306-AA6,24,1110 448.40 (2) (am) Defining "elective" for purposes of s. 448.35 and implementing
11that section.
SB306-AA6, s. 10p 12Section 10p. 619.04 (3) of the statutes is amended to read:
SB306-AA6,24,2513 619.04 (3) The plan shall operate subject to the supervision and approval of a
14board of governors consisting of 3 representatives of the insurance industry
15appointed by and to serve at the pleasure of the commissioner, a person to be named
16by the State Bar Association, a person to be named by the Wisconsin Academy of Trial
17Lawyers, 2 persons to be named by the Wisconsin Medical Society, a person to be
18named by the Wisconsin Hospital Association, the commissioner or a designated
19representative employed by the office of the commissioner, and 4 public members at
20least one of whom is named by the Wisconsin Nurses Association and
at least 2 of
21whom are not attorneys or physicians and are not professionally affiliated with any
22hospital or insurance company, appointed by the governor for staggered 3-year
23terms. The commissioner or the commissioner's representative shall be the
24chairperson of the board of governors. Board members shall be compensated at the
25rate of $50 per diem plus actual and necessary travel expenses.
SB306-AA6, s. 10q
1Section 10q. 655.001 (7t) of the statutes is renumbered 655.001 (7t) (a) and
2amended to read:
SB306-AA6,25,83 655.001 (7t) (a) "Health Except as provided in par. (b), "health care
4practitioner" means a health care professional, as defined in s. 180.1901 (1m), who
5is an employee of a health care provider described in s. 655.002 (1) (d), (e), (em), or
6(f) and who has the authority to provide health care services that are not in
7collaboration with a physician under s. 441.15 (2) (b) or
under the direction and
8supervision of a physician or nurse anesthetist.
SB306-AA6, s. 10r 9Section 10r. 655.001 (7t) (a) of the statutes, as affected by 2011 Wisconsin Act
10.... (this act), is renumbered 655.001 (7t) and amended to read:
SB306-AA6,25,1511 655.001 (7t) Except as provided in par. (b), "health "Health care practitioner"
12means a health care professional, as defined in s. 180.1901 (1m), who is an employee
13of a health care provider described in s. 655.002 (1) (d), (e), (em), or (f) and who has
14the authority to provide health care services that are not under the direction and
15supervision of a physician or, nurse anesthetist, or nurse-midwife.
SB306-AA6, s. 10s 16Section 10s. 655.001 (7t) (b) of the statutes is created to read:
SB306-AA6,25,1817 655.001 (7t) (b) "Health care practitioner" does not include a person licensed
18to practice nurse-midwifery under s. 441.15.
SB306-AA6, s. 10t 19Section 10t. 655.001 (7t) (b) of the statutes, as created by 2011 Wisconsin Act
20.... (this act), is repealed.
SB306-AA6, s. 10u 21Section 10u. 655.001 (9c) of the statutes is created to read:
SB306-AA6,25,2322 655.001 (9c) "Nurse-midwife" means a person who is licensed to practice
23nurse-midwifery under s. 441.15.
SB306-AA6, s. 10v 24Section 10v. 655.002 (1) (a) of the statutes is amended to read:
SB306-AA6,26,3
1655.002 (1) (a) A physician or , a nurse anesthetist, or a nurse-midwife for
2whom this state is a principal place of practice and who practices his or her profession
3in this state more than 240 hours in a fiscal year.
SB306-AA6, s. 10w 4Section 10w. 655.002 (1) (b) (intro.) of the statutes is amended to read:
SB306-AA6,26,65 655.002 (1) (b) (intro.) A physician or , a nurse anesthetist, or a nurse-midwife
6for whom Michigan is a principal place of practice, if all of the following apply:
SB306-AA6, s. 10x 7Section 10x. 655.002 (1) (b) 1. of the statutes is amended to read:
SB306-AA6,26,98 655.002 (1) (b) 1. The physician or, nurse anesthetist, or nurse-midwife is a
9resident of this state.
SB306-AA6, s. 10y 10Section 10y. 655.002 (1) (b) 2. of the statutes is amended to read:
SB306-AA6,26,1311 655.002 (1) (b) 2. The physician or, nurse anesthetist, or nurse-midwife
12practices his or her profession in this state or in Michigan or a combination of both
13more than 240 hours in a fiscal year.
SB306-AA6, s. 10z 14Section 10z. 655.002 (1) (b) 3. of the statutes is amended to read:
SB306-AA6,26,1915 655.002 (1) (b) 3. The physician or, nurse anesthetist, or nurse-midwife
16performs more procedures in a Michigan hospital than in any other hospital. In this
17subdivision, "Michigan hospital" means a hospital located in Michigan that is an
18affiliate of a corporation organized under the laws of this state that maintains its
19principal office and a hospital in this state.
SB306-AA6, s. 11a 20Section 11a. 655.002 (1) (c) of the statutes is amended to read:
SB306-AA6,27,321 655.002 (1) (c) A physician or, nurse anesthetist, or nurse-midwife who is
22exempt under s. 655.003 (1) or (3), or a nurse-midwife who is exempt under s.
23655.003 (4),
but who practices his or her profession outside the scope of the exemption
24and who fulfills the requirements under par. (a) in relation to that practice outside
25the scope of the exemption. For a physician or a, nurse anesthetist, or nurse-midwife

1who is subject to this chapter under this paragraph, this chapter applies only to
2claims arising out of practice that is outside the scope of the exemption under s.
3655.003 (1) or, (3), or (4).
SB306-AA6, s. 11b 4Section 11b. 655.002 (1) (d) of the statutes is amended to read:
SB306-AA6,27,85 655.002 (1) (d) A partnership comprised of physicians or, nurse anesthetists,
6or nurse-midwives
and organized and operated in this state for the primary purpose
7of providing the medical services of physicians or, nurse anesthetists, or
8nurse-midwives
.
SB306-AA6, s. 11c 9Section 11c. 655.002 (1) (e) of the statutes is amended to read:
SB306-AA6,27,1210 655.002 (1) (e) A corporation organized and operated in this state for the
11primary purpose of providing the medical services of physicians or, nurse
12anesthetists, or nurse-midwives.
SB306-AA6, s. 11d 13Section 11d. 655.002 (1) (em) of the statutes is amended to read:
SB306-AA6,27,1614 655.002 (1) (em) Any organization or enterprise not specified under par. (d) or
15(e) that is organized and operated in this state for the primary purpose of providing
16the medical services of physicians or, nurse anesthetists, or nurse-midwives.
SB306-AA6, s. 11e 17Section 11e. 655.002 (2) (a) of the statutes is amended to read:
SB306-AA6,27,2118 655.002 (2) (a) A physician or, nurse anesthetist, or nurse-midwife for whom
19this state is a principal place of practice but who practices his or her profession fewer
20than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during
21which he or she practices his or her profession.
SB306-AA6, s. 11f 22Section 11f. 655.002 (2) (b) of the statutes is amended to read:
SB306-AA6,28,423 655.002 (2) (b) Except as provided in sub. (1) (b), a physician or, nurse
24anesthetist, or nurse-midwife for whom this state is not a principal place of practice,
25for a fiscal year, or a portion of a fiscal year, during which he or she practices his or

1her profession in this state. For a health care provider who elects to be subject to this
2chapter under this paragraph, this chapter applies only to claims arising out of
3practice that is in this state and that is outside the scope of an exemption under s.
4655.003 (1) or (3) or (4).
SB306-AA6, s. 11g 5Section 11g. 655.003 (1) of the statutes is amended to read:
SB306-AA6,28,96 655.003 (1) A physician or, a nurse anesthetist, or a nurse-midwife who is a
7state, county, or municipal employee, or federal employee or contractor covered
8under the federal tort claims act, as amended, and who is acting within the scope of
9his or her employment or contractual duties.
SB306-AA6, s. 11h 10Section 11h. 655.003 (3) of the statutes is amended to read:
SB306-AA6,28,1511 655.003 (3) A physician or, a nurse anesthetist, or a nurse-midwife who
12provides professional services under the conditions described in s. 146.89 or 257.03
13(1)
, with respect to those professional services provided by the physician or, nurse
14anesthetist, or nurse-midwife for which he or she is covered by s. 165.25 and
15considered an agent of the department, as provided in s. 165.25 (6) (b).
SB306-AA6, s. 11i 16Section 11i. 655.003 (4) of the statutes is created to read:
SB306-AA6,28,1817 655.003 (4) A nurse-midwife who is considered to be an employee of the federal
18public health service under 42 USC 233 (g).
SB306-AA6, s. 11j 19Section 11j. 655.005 (2) (a) of the statutes is amended to read:
SB306-AA6,28,2320 655.005 (2) (a) An employee of a health care provider if the employee is a
21physician or a nurse anesthetist or is a health care practitioner who is providing
22health care services that are not in collaboration with a physician under s. 441.15 (2)
23(b) or
under the direction and supervision of a physician or nurse anesthetist.
SB306-AA6, s. 11k 24Section 11k. 655.005 (2) (a) of the statutes, as affected by 2011 Wisconsin Act
25.... (this act), is amended to read:
SB306-AA6,29,4
1655.005 (2) (a) An employee of a health care provider if the employee is a
2physician or a, nurse anesthetist, or nurse-midwife or is a health care practitioner
3who is providing health care services that are not under the direction and
4supervision of a physician or, nurse anesthetist, or nurse-midwife.
SB306-AA6, s. 11m 5Section 11m. 655.005 (2) (b) of the statutes is amended to read:
SB306-AA6,29,146 655.005 (2) (b) A service corporation organized under s. 180.1903 by health care
7professionals, as defined under s. 180.1901 (1m), if the board of governors determines
8that it is not the primary purpose of the service corporation to provide the medical
9services of physicians or, nurse anesthetists, or nurse-midwives. The board of
10governors may not determine under this paragraph that it is not the primary purpose
11of a service corporation to provide the medical services of physicians or, nurse
12anesthetists, or nurse-midwives unless more than 50% of the shareholders of the
13service corporation are neither not physicians nor, nurse anesthetists, or
14nurse-midwives
.
SB306-AA6, s. 11n 15Section 11n. 655.23 (5m) of the statutes is amended to read:
SB306-AA6,29,1816 655.23 (5m) The limits set forth in sub. (4) shall apply to any joint liability of
17a physician or, nurse anesthetist, or nurse-midwife and his or her corporation,
18partnership, or other organization or enterprise under s. 655.002 (1) (d), (e), or (em).
SB306-AA6, s. 11p 19Section 11p. 655.27 (3) (a) 4. of the statutes is amended to read:
SB306-AA6,29,2320 655.27 (3) (a) 4. For a health care provider described in s. 655.002 (1) (d), (e),
21(em), or (f), risk factors and past and prospective loss and expense experience
22attributable to employees of that health care provider other than employees licensed
23as a physician or, nurse anesthetist , or nurse-midwife.
SB306-AA6, s. 11q 24Section 11q. 655.27 (3) (b) 2f. of the statutes is created to read:
SB306-AA6,30,5
1655.27 (3) (b) 2f. With respect to fees paid by nurse-midwives, the rule may
2provide for a separate payment classification or for a payment classification that is
3combined with one or more other categories of health care providers, as the
4commissioner, after approval by the board of governors, determines is appropriate
5for pooling risks under the fund.
SB306-AA6, s. 11r 6Section 11r. 655.27 (3) (b) 2m. of the statutes is amended to read:
SB306-AA6,30,137 655.27 (3) (b) 2m. In addition to the fees and payment classifications described
8under subds. 1. and 2. to 2f., the commissioner, after approval by the board of
9governors, may by rule establish a separate payment classification for physicians
10satisfying s. 655.002 (1) (b) and, a separate fee for nurse anesthetists satisfying s.
11655.002 (1) (b), and a separate fee for nurse-midwives satisfying s. 655.002 (1) (b)
12which take into account the loss experience of health care providers for whom
13Michigan is a principal place of practice.
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