2015 - 2016 LEGISLATURE
January 7, 2016 - Introduced by Senators Harsdorf,
Marklein, Petrowski, Olsen and Harris Dodd, cosponsored by
Representatives Nygren, Novak, Ripp, Petryk, Swearingen, Schraa, Steffen,
Loudenbeck, Spiros, Czaja, Horlacher, T. Larson, Duchow, Skowronski, A.
Ott, Sanfelippo, Kleefisch, Rohrkaste, Kulp, Doyle, Kolste, Billings,
Subeck and Ohnstad. Referred to Committee on Health and Human Services.
1An Act to repeal
448.05 (6) (at); to renumber
440.035; to amend
440.035 (title), 2
448.05 (6) (a), 448.07 (1) (b) and 452.12 (4); and to create
227.01 (13) (zk) and 3
440.035 (2m) of the statutes; relating to: guidelines for prescribing controlled
4substances and the examination authority of the Medical Examining Board.
Analysis by the Legislative Reference Bureau
This bill makes changes, described as follows, regarding the authority of certain
credentialing boards in the Department of Safety and Professional Services:
1. The bill allows the Medical Examining Board (MEB), the Podiatry Affiliated
Credentialing Board, the Board of Nursing, the Dentistry Examining Board, and the
Optometry Examining Board to each issue guidelines regarding best practices in
prescribing controlled substances for persons credentialed by that board who are
authorized to prescribe controlled substances.
2. With certain exceptions, current law requires the MEB to examine each
applicant it finds eligible in such subject matters as it deems applicable to the class
of license or certificate that the applicant seeks to have granted, and provides that
examinations may be both written and oral. As an exception to this, however, current
law provides that when examining an applicant for a physician license, the MEB may
only use examinations prepared, administered, and scored by national examining
agencies, except that it may interview an individual applicant as needed to
determine information specific to that applicant.
This bill eliminates this exception providing that the MEB may only use
examinations prepared, administered, and scored by national examining agencies
with respect to applicants for physician licenses.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
227.01 (13) (zk) of the statutes is created to read:
(zk) Are guidelines issued under s. 440.035 (2m).
440.035 (title) of the statutes is amended to read:
(title) General duties and powers of examining boards and
5affiliated credentialing boards.
440.035 of the statutes is renumbered 440.035 (1m).
440.035 (2m) of the statutes is created to read:
The medical examining board, the podiatry affiliated 9
credentialing board, the board of nursing, the dentistry examining board, or the 10
optometry examining board may issue guidelines regarding best practices in 11
prescribing controlled substances, as defined in s. 961.01 (4), for persons 12
credentialed by that board who are authorized to prescribe controlled substances.
(a) Except as provided in pars. (am), and
(ar), and (at)
, the board 16
shall examine each applicant it finds eligible under this section in such subject 17
matters as the board deems applicable to the class of license or certificate which the 18
applicant seeks to have granted. Examinations may be both written and oral. In lieu 19
of its own examinations, in whole or in part, the board may make such use as it deems 20
appropriate of examinations prepared, administered, and scored by national
examining agencies, or by other licensing jurisdictions of the United States or 2
Canada. The board shall specify passing grades for any and all examinations 3
448.07 (1) (b) of the statutes is amended to read:
(b) The board shall maintain the register required by s. 440.035 (4) 8(1m) (d)
, which shall be divided according to the activity for which the registrant is 9
licensed or certified. The board shall make copies available for purchase at cost.
452.12 (4) of the statutes is amended to read:
452.12 (4) Register of brokers and salespersons.
The board shall include in 12
the register the board maintains under s. 440.035 (4)
the names of all brokers 13
and salespersons whose licenses were revoked within the past 2 years. The register 14
shall be available for purchase at cost.