Amendment SSA1-AB790

AB790-SSA1, s. 14 Section 14. 227.54 of the statutes is amended to read:

AB790-SSA1,6,16 227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 196.43, 448.02 (8) and 551.62.

AB790-SSA1, s. 15 Section 15. 252.10 (7) of the statutes, as affected by 1993 Wisconsin Act 443, is amended to read:

AB790-SSA1,7,2 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (1) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of education or, on or after July 1, 1995, and no later than June 30, 1999, dietitians certified under subch. IV V of ch. 448.

AB790-SSA1, s. 16 Section 16. 252.14 (1) (ar) 4m. of the statutes, as created by 1993 Wisconsin Act 443, is amended to read:

AB790-SSA1,7,6 252.14 (1) (ar) 4m. A dietitian certified under subch. IV V of ch. 448. This subdivision does not apply after June 30, 1999.

AB790-SSA1, s. 17 Section 17. 448.01 (1) of the statutes is renumbered 448.015 (1).

AB790-SSA1, s. 18 Section 18. 448.01 (2g) of the statutes is amended to read:

AB790-SSA1,7,11 448.01 (2g) "Occupational therapist" means an individual who meets the requirements under s. 448.05 (5m) (a) and is certified by the medical examining board to practice occupational therapy.

AB790-SSA1, s. 19 Section 19. 448.01 (2r) of the statutes is amended to read:

AB790-SSA1,7,16 448.01 (2r) "Occupational therapy assistant" means an individual who meets the requirements under s. 448.05 (5m) (b) and is certified by the medical examining board to assist in the practice of occupational therapy under the supervision of an occupational therapist.

AB790-SSA1, s. 20 Section 20. 448.01 (5) of the statutes is amended to read:

AB790-SSA1,7,21 448.01 (5) "Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board.

AB790-SSA1, s. 21 Section 21. 448.01 (6) of the statutes is amended to read:

AB790-SSA1,7,25 448.01 (6) "Physician assistant" means an individual certified by the medical examining board to perform patient services under the supervision and direction of a licensed physician.

AB790-SSA1, s. 22 Section 22. 448.01 (7) of the statutes is renumbered 448.60 (3) and amended to read:

AB790-SSA1,8,6 448.60 (3) "Podiatrist" means an individual possessing the degree of doctor of podiatric medicine or doctor of surgical chiropody or equivalent degree as determined by the affiliated credentialing board, and holding a license to practice podiatry or podiatric medicine and surgery granted by the affiliated credentialing board.

AB790-SSA1, s. 23 Section 23. 448.01 (8) of the statutes is renumbered 448.60 (4) and amended to read:

AB790-SSA1,8,17 448.60 (4) "Podiatry" or "podiatric medicine and surgery" means that branch or system of treating the sick which is limited to the diagnosis, or mechanical, medical or surgical treatment or treatment by use of drugs, of the feet, but does not include amputations other than digits of the foot or the use of a general anesthetic unless administered by or under the direction of a person licensed to practice medicine and surgery under subch. II. Diagnosis or treatment shall include no portion of the body above the feet except that diagnosis and treatment shall include the tendons and muscles of the lower leg insofar as they shall be involved in conditions of the feet.

AB790-SSA1, s. 24 Section 24. 448.01 (9g) of the statutes is renumbered 448.015 (2).

AB790-SSA1, s. 25 Section 25. 448.01 (9m) of the statutes is renumbered 448.015 (3).

AB790-SSA1, s. 26 Section 26. 448.01 (11) of the statutes is renumbered 448.015 (4) and amended to read:

AB790-SSA1,8,25 448.015 (4) "Unprofessional conduct" means those acts or attempted acts of commission or omission defined as unprofessional conduct by the board under the authority delegated to the board by s. 15.08 (5) (b) and any act by a physician or podiatrist in violation of ch. 161 or 450.

AB790-SSA1, s. 27 Section 27. 448.01 (12) of the statutes is amended to read:

AB790-SSA1,9,6 448.01 (12) "Warn" means to privately apprise the holder of a license or certificate of the unprofessional nature of the holder's conduct and admonish the holder that continued or repeated conduct of such nature may give the medical examining board or an attached affiliated credentialing board cause to reprimand the holder or to limit, suspend or revoke such license or certificate.

AB790-SSA1, s. 28 Section 28. 448.015 (intro.) of the statutes is created to read:

AB790-SSA1,9,8 448.015 Definitions. (intro.) In this subchapter:

AB790-SSA1, s. 29 Section 29. 448.02 (1) of the statutes is amended to read:

AB790-SSA1,9,12 448.02 (1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery and to practice podiatric medicine and surgery.

AB790-SSA1, s. 30 Section 30. 448.02 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 309, is amended to read:

AB790-SSA1,9,25 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate or limited permit granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.109 (e) and 42 CFR 1001.124 (a) (3) and (b) 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of the persons a person named in the reports report. The board may require a person holding a license, certificate or limited permit to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

AB790-SSA1, s. 31 Section 31. 448.02 (4) of the statutes is amended to read:

AB790-SSA1,11,3 448.02 (4) Suspension pending hearing. The board may summarily suspend any license, certificate or limited permit granted by the board for a period not to exceed 30 days pending hearing, when the board has in its possession evidence establishing probable cause to believe that the holder of the license, certificate or limited permit has violated the provisions of this chapter subchapter and that it is necessary to suspend the license, certificate or limited permit immediately to protect the public health, safety or welfare. The holder of the license, certificate or limited permit shall be granted an opportunity to be heard during the determination of probable cause. The board may designate any of its officers to exercise the authority granted by this subsection to suspend summarily a license, certificate or limited permit, but such suspension shall be for a period of time not to exceed 72 hours. If a license, certificate or limited permit has been summarily suspended by the board or any of its officers, the board may, while the hearing is in progress, extend the initial 30-day period of suspension for an additional 30 days. If the holder of the license, certificate or limited permit has caused a delay in the hearing process, the board may subsequently suspend the license, certificate or limited permit from the time the hearing is commenced until a final decision is issued or may delegate such authority to the hearing examiner.

AB790-SSA1, s. 32 Section 32. 448.02 (6) of the statutes is amended to read:

AB790-SSA1,11,8 448.02 (6) Restoration of license, certificate or limited permit. The board may restore any license, certificate or limited permit which has been voluntarily surrendered or revoked under any of the provisions of this chapter subchapter, on such terms and conditions as it may deem appropriate.

AB790-SSA1, s. 33 Section 33. 448.02 (8) of the statutes is created to read:

AB790-SSA1,11,15 448.02 (8) Injunctions, stays and orders during judicial review. No injunction, temporary injunction, stay, restraining order or other order may be issued by a court in any proceeding for judicial review that suspends or stays an order of the board to discipline a physician under sub. (3) (c) or to suspend a physician's license under sub. (4), except upon application to the reviewing court and a determination by the reviewing court that all of the following conditions are met:

AB790-SSA1,11,17 (a) The board has received notice of the application and has had an opportunity for a hearing on the application.

AB790-SSA1,11,19 (b) There is a substantial likelihood that the applicant will prevail in the proceeding for review.

AB790-SSA1,11,21 (c) The applicant will suffer irreparable harm if the order is not suspended or stayed.

AB790-SSA1,11,23 (d) There is no substantial likelihood of harm to patients of the applicant if the board's order is suspended or stayed.

AB790-SSA1, s. 34 Section 34. 448.02 (9) of the statutes is created to read:

AB790-SSA1,12,20 448.02 (9) Administrative warnings. If, after the board determines that there is substantial evidence of misconduct by the holder of a license, certificate or limited permit, but determines that a disciplinary proceeding should not be commenced against the holder of the license, certificate or limited permit, then the board may close the investigation by the issuance of an administrative warning. If an administrative warning is issued, the holder of the license, certificate or limited permit may obtain a review of the administrative warning through a personal appearance before the board. An administrative warning issued under this subsection shall be private and confidential, does not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the holder of the license, certificate or limited permit is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the holder of the license, certificate or limited permit is received by the board, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the holder of the license, certificate or limited permit had actual knowledge that certain practices were contrary to law. The board shall promulgate rules establishing a procedure for the issuance and use of administrative warnings. The rules shall include a definition of "substantial evidence of misconduct" for purposes of this subsection.

AB790-SSA1, s. 35 Section 35. 448.03 (1) of the statutes is amended to read:

AB790-SSA1,12,24 448.03 (1) License required to practice. No person may practice medicine and surgery, or podiatry, or attempt to do so or make a representation as authorized to do so, without a license granted by the board.

AB790-SSA1, s. 36 Section 36. 448.03 (2) (intro.) of the statutes is amended to read:

AB790-SSA1,13,3 448.03 (2) Exceptions. (intro.) Nothing in this chapter subchapter shall be construed either to prohibit, or to require, a license or certificate under this chapter subchapter for any of the following:

AB790-SSA1, s. 37 Section 37. 448.03 (2) (c) of the statutes is amended to read:

AB790-SSA1,13,8 448.03 (2) (c) The activities of a medical student, podiatry student, respiratory care student or physician assistant student required for such student's education and training; , or the activities of a medical school graduate required for training as required in s. 448.05 (2).

AB790-SSA1, s. 38 Section 38. 448.03 (2) (d) of the statutes is amended to read:

AB790-SSA1,13,13 448.03 (2) (d) Actual consultation or demonstration by licensed physicians or podiatrists or certified respiratory care practitioners of other states or countries with licensed physicians or podiatrists or certified respiratory care practitioners of this state.

AB790-SSA1, s. 39 Section 39. 448.03 (2) (e) of the statutes is amended to read:

AB790-SSA1,13,17 448.03 (2) (e) Any person providing patient services as directed, supervised and inspected by a physician or podiatrist who has the power to direct, decide and oversee the implementation of the patient services rendered.

AB790-SSA1, s. 40 Section 40. 448.03 (3) (c) of the statutes is repealed.

AB790-SSA1, s. 41 Section 41. 448.03 (3) (f) 3. a. of the statutes is amended to read:

AB790-SSA1,13,23 448.03 (3) (f) 3. a. The person is licensed or certified as an occupational therapist under the law of another state which has licensure or certification requirements that are determined by the board to be at least as stringent as the requirements of this chapter subchapter.

AB790-SSA1, s. 42 Section 42. 448.03 (3) (g) 3. a. of the statutes is amended to read:

AB790-SSA1,14,4 448.03 (3) (g) 3. a. The person is licensed or certified as an occupational therapy assistant under the law of another state which has licensure or certification requirements that are determined by the board to be at least as stringent as the requirements of this chapter subchapter.

AB790-SSA1, s. 43 Section 43. 448.03 (4) of the statutes is renumbered 448.01 (9s) and amended to read:

AB790-SSA1,14,10 448.01 (9s) Definition. In this section, "the scene "Scene of an emergency" means areas an area not within the confines of a hospital or other institution which has hospital facilities or the office of a person licensed, certified or holding a limited permit under this chapter.

AB790-SSA1, s. 44 Section 44. 448.03 (5) (a) of the statutes is amended to read:

AB790-SSA1,14,15 448.03 (5) (a) No person licensed or certified under this chapter subchapter shall be liable for any civil damages resulting from such person's refusal to perform sterilization procedures or to remove or aid in the removal of a human embryo or fetus from a person if such refusal is based on religious or moral precepts.

AB790-SSA1, s. 45 Section 45. 448.04 (1) (c) of the statutes is amended to read:

AB790-SSA1,15,16 448.04 (1) (c) Temporary educational permit to practice medicine and surgery. Application for a temporary educational permit to practice medicine and surgery may be made to the board by a person who meets the requirements of s. 448.05 (2). Such permit may be issued for a period not to exceed one year and may be renewed annually for not more than 4 years. Such permit shall entitle the holder to take postgraduate educational training in a facility approved by the board. The holder of such permit may, under the direction of a person licensed to practice medicine and surgery in this state, perform services requisite to the training authorized by this section. Acting under such direction, the holder of such permit shall also have the right to prescribe drugs other than narcotics and to sign any certificates, reports or other papers for the use of public authorities which are required of or permitted to persons licensed to practice medicine and surgery. The holder of such permit shall confine training and practice to the facility in which the holder is taking the training. The purpose of this paragraph is solely to provide opportunities in this state for the postgraduate education of certain persons having training in medicine and surgery satisfactory to the board, without compliance with the licensure requirements of this chapter subchapter. Nothing in this paragraph changes in any respect the requirements for licensure to practice medicine and surgery in this state. The violation of this paragraph by the holder of such permit shall constitute cause for the revocation of the permit. All holders of such permits shall be subject to such provisions of this chapter subchapter as the board, by rule, determines are appropriate and to any penalties applicable to those with a temporary or regular license to practice medicine and surgery. The board may require an applicant for licensure under this paragraph to appear before a member of the board for an interview and oral examination.

AB790-SSA1, s. 46 Section 46. 448.04 (1) (d) of the statutes is repealed.

AB790-SSA1, s. 47 Section 47. 448.04 (3) of the statutes is amended to read:

AB790-SSA1,15,24 448.04 (3) Duplicate. Any person holding a license or certificate granted under this chapter subchapter, which is lost, stolen or destroyed, may apply to the board for a duplicate thereof. Such application shall be made in such manner as the board may designate and shall be accompanied by an affidavit setting out the circumstances of loss. The board shall then issue a duplicate bearing on its face the word "duplicate".

AB790-SSA1, s. 48 Section 48. 448.05 (1) (d) of the statutes is amended to read:

AB790-SSA1,16,3 448.05 (1) (d) Be found qualified by three-fourths of the members of the board, except that an applicant for a temporary license under s. 448.04 (1) (b) 1. and 3. and (d) must be found qualified by 2 members of the board.

AB790-SSA1, s. 49 Section 49. 448.05 (3) of the statutes, as affected by 1995 Wisconsin Act 245, is repealed.

AB790-SSA1, s. 50 Section 50. 448.07 (1) (a) of the statutes is amended to read:

AB790-SSA1,16,16 448.07 (1) (a) Every person licensed or certified under this chapter subchapter shall register on or before November 1 of each odd-numbered year following issuance of the license or certificate with the board in such manner as the board shall designate and upon forms the board shall provide. The secretary of the board, on or before October 1 of each odd-numbered year, shall mail or cause to be mailed to every person required to register a registration form. The board shall furnish to each person registered under this section a certificate of registration, and the person shall display the registration certificate conspicuously in the office at all times. No person may exercise the rights or privileges conferred by any license or certificate granted by the board unless currently registered as required under this subsection.

AB790-SSA1, s. 51 Section 51. 448.07 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 245, is amended to read:

AB790-SSA1,17,4 448.07 (1) (d) No registration may be permitted by the secretary of the board in the case of any physician, podiatrist, occupational therapist or occupational therapy assistant who has failed to meet the requirements of s. 448.13 or any person whose license, certificate or limited permit has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the licensee's or permittee's right of appeal. A person whose license, certificate or limited permit has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license, certificate or limited permit, together with an application for registration and the registration fee.

AB790-SSA1, s. 52 Section 52. 448.07 (2) of the statutes is amended to read:

AB790-SSA1,17,7 448.07 (2) Fees. The fees for examination and licenses granted or renewed under this chapter subchapter are specified in ss. 440.05 and 440.08.

AB790-SSA1, s. 53 Section 53. 448.075 (title) of the statutes is renumbered 448.655 (title) and amended to read:

AB790-SSA1,17,10 448.655 (title) Podiatrists; malpractice Malpractice liability insurance.

AB790-SSA1, s. 54 Section 54. 448.075 (1) (intro.) of the statutes is renumbered 448.655 (1) (intro.) and amended to read:

AB790-SSA1,17,15 448.655 (1) (intro.)  Every A licensed podiatrist shall annually submit to the affiliated credentialing board evidence satisfactory to the affiliated credentialing board of that the podiatrist satisfies one of the following:

AB790-SSA1, s. 55 Section 55. 448.075 (1) (a) of the statutes is renumbered 448.655 (1) (a) and amended to read:

AB790-SSA1,17,20 448.655 (1) (a) That the The podiatrist has in effect malpractice liability insurance coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

AB790-SSA1, s. 56 Section 56. 448.075 (1) (b) (intro.) of the statutes is renumbered 448.655 (1) (b) (intro.) and amended to read:

AB790-SSA1,17,24 448.655 (1) (b) (intro.) That the The podiatrist meets all of the following conditions:

AB790-SSA1,17,25 1. The podiatrist's principal place of practice is not in this state; that the.

AB790-SSA1,18,2 2. The podiatrist will not be engaged in the practice of podiatry in this state for more than 240 hours during the following 12 months; that the.

AB790-SSA1,18,5 3. The podiatrist has in effect malpractice liability insurance coverage that covers services provided by the podiatrist to patients in this state ; if the podiatrist and which is in one of the following amounts:

AB790-SSA1,18,11 a. At least the minimum amount of malpractice liability insurance coverage that is required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, that the podiatrist has in effect at least that minimum amount of malpractice liability insurance coverage; and, if.

AB790-SSA1,18,17 b. If the podiatrist is not required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, that the podiatrist has in effect at least the minimum amount of malpractice liability insurance coverage that the affiliated credentialing board determines is necessary to protect the public.