It's now time to ask Gov. Evers to veto independent nursing legislation
Last Thursday (Feb. 22), the Wisconsin State Assembly adjourned sine die, meaning that the body has adjourned without setting a day to reconvene. This usually (but not always) means that the Assembly has finished its general legislative business for the 2023-24 biennium. There are other technical sessions available to the Assembly via the approved biennial session calendar, such as attempts at overriding vetoes or taking care of "limited business" such as companion bills that have passed both houses but may have differing amendments. This happens rarely.
The State Senate has its next floor voting period scheduled for March 12-14, and will likely convene to finish the regular session business in that house. Barring Governor Tony Evers calling the legislature into a special session or the legislature calling itself into extraordinary session, state political activities will turn to running for reelection under the new slate of legislative district maps. All 99 Assembly districts are up for reelection in November, while 16 even-numbered Senate districts will host contests for four-year terms. Senators representing odd-numbered districts do not stand for reelection until November 2026.
Later this summer the Wisconsin Medical Society (WisMed) will publish its biennial state legislative wrap-up (you can view the summary for the 2021-22 session here). In the meantime, here is the latest on some of the legislation WisMed has been working on in these final stages of the biennium:
Independent Practice for Advanced Practice Registered Nurses (APRN)
Legislation allowing certain advanced practice nurses to diagnose and treat patients independent of any physician involvement, Senate Bill 145, has passed both legislative houses over physician concerns that the bill does not contain basic safeguards necessary to protect public health and awareness. It has not yet been sent to Governor Evers for final action, nor has he "called" for the bill to be sent to him. (This is pretty typical, as there are various dates on the biennial calendar where bills that have passed both houses are automatically sent to the Governor for final action; the next scheduled "clean up" date is April 4.)
Now is the time physicians should contact the Governor's office to request that he veto Senate Bill 145. You can can email the Governor's office at [email protected], call the Governor's office at 608.266.1212 or fill out this online form. Please thank the Governor for his support for physician concerns on this topic (he vetoed similar legislation two years ago) and request a veto in the interest of patient safety and awareness. Once you have made contact, let your colleagues know that now is the most effective time to request a veto of SB 145.
Post-Partum Coverage Extension for new moms in the Medicaid program
Despite strong final pushes from a variety of health care groups, the State Assembly failed to take up Senate Bill 110, which would allow the state to request a federal waiver to extend post-partum coverage for new moms in the Medicaid program from the current two months to a full year. The State Senate had approved the bill on a 32-1 vote in September 2023. As this map from the Kaiser Family Foundation shows, Wisconsin is a rare holdout in refusing this opportunity to help provide better continuity of care for both mother and baby:
Worker's Compensation
As detailed in this February 8 edition of Medigram, the state's Worker's Compensation Advisory Council took unprecedented action to propose two different legislative bills making changes to the state's Worker's Compensation (WC) system. While one bill included yet another attempt to create an artificial fee schedule for worker's compensation health services (Assembly Bill 1074), the other bill was more reasonable, reflecting the more typical give-and-take between state Labor and Management bargaining groups (Assembly Bill 1073). While both bills received public hearings, the legislature's labor committees approved only the latter bill for further consideration.
On its final day of regular session, the full Assembly passed AB 1073 on a 96-1 vote, sending the bill to the Senate. AB 1074 was never brought up in the Assembly, meaning the ill-fated concept of an unnecessary fee schedule for WC care has been rightfully rejected - again.
Direct Primary Care
The State Assembly has approved and sent to the State Senate legislation establishing in statute that Direct Primary Care (DPC) agreements are not considered insurance. The legislation, Assembly Bill 953, passed via voice vote with no debate on February 22. A DPC companion bill, Senate Bill 905, has already earned bipartisan approval from the Senate Committee on Health and is eligible for a full vote in that house. Should the Senate swap out SB 905 for AB 953 and approve the bill during the March floor session, the legislation would head to Gov. Evers for final action.
Kratom
Certain substances (mitragynine and 7-hydroxymitragynine) found in the leaf of the kratom tree are considered Schedule I substances in our state’s Controlled Substances Act. Assembly Bill 393 would change that, allowing kratom to be regulated and widely sold throughout Wisconsin. Various studies have raised numerous concerns over the addictive nature of kratom (see this September 14, 2023 Medigram story). And as kratom has received more attention nationwide, post-mortem testing on overdose victims has shown that tragedies involving kratom use are far from rare.
The concept of expanding access to an addictive and dangerous drug that is often touted by kratom manufacturers as a “safe” pain reliever or even as a treatment for opioid withdrawal symptoms during an overdose epidemic appears nonsensical on its face. Fortunately, the State Assembly agreed, first skipping over the bill when it had been scheduled for a floor vote and then never bringing it back for a vote before adjourning sine die.
If you would like more information on any of the above bills or tips on reaching out to Governor Evers in your request for a veto of the independent nursing bill, please contact WisMed's Mark Grapentine, JD.
Back to top