AB541: Bill Text

LRB-3727/1

MDK:jlg:mrc

1999 - 2000 LEGISLATURE

1999 Assembly BILL 541

October 20, 1999 - Introduced by Joint Legislative Council. Referred to Committee on Public Health.

AB541,1,3 An Act to amend 448.02 (1), 448.05 (7) and 448.13 (1) (a); and to create 440.08 (2) (a) 58m., 448.04 (1) (am), 448.05 (3) and 448.06 (1r) of the statutes; relating to: creating a nonresident physician license.

Analysis by the Legislative Reference Bureau

This bill is explained in the Note provided by the joint legislative council in the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Prefatory note: This bill was prepared for the joint legislative council's special committee on telemedicine issues.

Under current law, no person may practice medicine and surgery, or attempt to do so or make a representation as authorized to do so, without a license to practice medicine and surgery granted by the Wisconsin medical examining board. Current law provides an exception for actual consultation or demonstration by licensed physicians of other states or countries with licensed physicians of this state. To receive a license to practice medicine and surgery, a person must satisfy the educational and examination requirements set forth in current law and pay the fee specified by law.

This bill creates a nonresident physician license. The Wisconsin medical examining board is required to issue such a license to any person who submits proof that he or she has an unrestricted physician's license in another state and pays the fee set by the bill, which is half the fee otherwise paid by physicians. Other current statutory licensing requirements are made inapplicable to nonresident physician licenses. Under the bill, a person holding a nonresident physician license may practice medicine and surgery only from outside this state on a patient in this state, regardless of the physician's means of communications. "State" is defined in the statutes to include the District of Columbia, the Commonwealth of Puerto Rico and U.S. territories.

AB541, s. 1 Section 1. 440.08 (2) (a) 58m. of the statutes is created to read:

AB541,2,3 440.08 (2) (a) 58m. Physician, nonresident: November 1 of each odd-numbered year; $55.

AB541, s. 2 Section 2. 448.02 (1) of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:

AB541,2,8 448.02 (1) License. The board may grant licenses, including nonresident physician licenses and various classes of temporary licenses, to practice medicine and surgery and to practice as a physician assistant.

AB541, s. 3 Section 3. 448.04 (1) (am) of the statutes is created to read:

AB541,2,13 448.04 (1) (am) Nonresident physician license. A person holding a nonresident physician license may practice medicine and surgery, as defined in s. 448.01 (9), only from outside this state on a patient in this state, regardless of the physician's means of communication.

AB541, s. 4 Section 4. 448.05 (3) of the statutes is created to read:

AB541,2,19 448.05 (3) Nonresident physician license. Subsections (1) and (2) do not apply to an applicant for a nonresident physician license. The board shall grant a nonresident physician license to any person who submits proof that he or she has an unrestricted physician license in another state and pays the fee in s. 440.08 (2) (a) 58m.

AB541, s. 5 Section 5. 448.05 (7) of the statutes is amended to read:

AB541,3,8 448.05 (7) Application. Application for any class of license or certificate shall be made as a verified statement in a form provided by the department and at such time and place as the board may designate, and shall be accompanied by satisfactory evidence setting out the qualifications imposed by this section. Application for any class of license to practice medicine and surgery, except a nonresident physician license, also shall be accompanied by a verified statement that the applicant is familiar with the state health laws and the rules of the department of health and family services as related to communicable diseases.

AB541, s. 6 Section 6. 448.06 (1r) of the statutes is created to read:

AB541,3,11 448.06 (1r) Nonresident physician license. Subsections (1) and (1m) do not apply to an applicant for a nonresident physician license.

AB541, s. 7 Section 7. 448.13 (1) (a) of the statutes is amended to read:

AB541,3,21 448.13 (1) (a) Each physician shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07, submit proof of attendance at and completion of continuing education programs or courses of study approved for at least 30 hours of credit by the board within the 2 calendar years preceding the calendar year for which the registration is effective. The board may waive this requirement if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a physician from meeting the requirement. This paragraph does not apply to a physician holding a nonresident physician license.

AB541,3,22 (End)