AB193: Bill Text

AB193,3,6 115.357 Information on attention deficit hyperactivity disorder. The department shall disseminate to appropriate public school staff the information regarding the diagnosis and treatment of attention deficit hyperactivity disorder and prescription drugs used to treat the disorder prepared by the department of health and family services under s. 448.35 (2).

Note: Requires the DPI to distribute the informational materials prepared by DHFS to appropriate public school staff.

AB193, s. 2 Section 2. 448.02 (3) (a) of the statutes is amended to read:

AB193,4,20 448.02 (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, 448.35 (3), 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 1001.2005, 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 a person named in the 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.

Note: Amends the statute which authorizes the medical examining board to investigate allegations of unprofessional conduct and impose penalties against a physician who is found guilty of unprofessional conduct. Specifically, provides that an allegation that a physician violated s. 448.35 (3), stats., requiring physicians to provide certain informational materials, as created in Section 3 of the bill, is an allegation of unprofessional conduct. Section 3 of the bill also creates an exemption which provides that a physician is not guilty of unprofessional conduct for failure to provide the informational materials prepared by DHFS if the physician made a reasonably diligent effort to obtain the materials from DHFS and DHFS did not make the materials available.

AB193, s. 3 Section 3. 448.35 of the statutes is created to read:

AB193,5,3 448.35 Attention deficit hyperactivity disorder. (1) Definitions. In this section:

AB193,5,4 (a) "Child" means a person under 18 years of age.

AB193,5,5 (b) "Department" means the department of health and family services.

AB193,5,6 (c) "Prescription drug" has the meaning given in s. 450.01 (20).

AB193,5,7 (d) "Prescription order" has the meaning given in s. 450.01 (21).

AB193,5,9 (e) "Schedule II controlled substance" means any substance included under s. 961.16.

AB193,5,11 (2) Informational materials. (a) The department shall prepare informational materials which contain the following:

AB193,5,14 1. A summary of the practice parameters for the assessment and treatment of children and adolescents with attention deficit hyperactivity disorder published by the American Academy of Child and Adolescent Psychiatry.

AB193,5,16 2. A statement that a parent or guardian may seek treatment other than prescription drugs for a child with attention deficit hyperactivity disorder.

AB193,5,21 (b) The department shall, in consultation with the State Medical Society of Wisconsin, determine which Schedule II controlled substances are commonly prescribed by physicians in this state to treat attention deficit hyperactivity disorder and shall prepare informational materials pertaining to each of those substances containing the following information:

AB193,5,22 1. A statement that the substance is a Schedule II controlled substance.

AB193,6,2 2. A summary of the information included in the labeling of the substance under 21 USC 352 (f) which relates to the safety and effectiveness of the substance when used to treat attention deficit hyperactivity disorder in children and the potential for abuse or development of dependence upon the substance.

AB193,6,5 3. A statement that use of the substance to treat attention deficit hyperactivity disorder may affect a person's eligibility to serve in the U.S. armed forces, if the department so finds.

AB193,6,7 4. A statement that a person's use of the substance to treat attention deficit hyperactivity disorder may affect the cost of health insurance for that person.

AB193,6,11 (c) The materials prepared under pars. (a) and (b) shall be made available to physicians and to the public on the department's Internet site. Upon the request of a physician, the materials under pars. (a) and (b) shall be provided to the physician in printed form.

AB193,6,14 (d) The materials under pars. (a) and (b) shall be made available to physicians and to the public no later than the first day of the 6th month beginning after the effective date of this paragraph .... [revisor inserts date].

AB193,6,17 (e) The department shall periodically review the materials under pars. (a) and (b) and shall exercise reasonable diligence in providing materials that are accurate and current.

AB193,6,21 (3) Requirements for physicians. (a) Except in an emergency and as provided under par. (e), a physician who diagnoses a child with attention deficit hyperactivity disorder and issues a prescription order for treatment of the disorder shall provide the following information to the persons specified in par. (c):

AB193,6,23 1. An explanation of the method of diagnosis used, including the results of any tests or evaluations.

AB193,6,24 2. Information on alternative modes of treatment, as provided in s. 448.30.

AB193,6,25 3. A printed copy of the materials prepared under sub. (2) (a).

AB193,7,6 (b) In addition to the information required under par. (a), except in an emergency and as provided under par. (e), a physician who diagnoses a child with attention deficit hyperactivity disorder and issues a prescription order for a Schedule II controlled substance for treatment of the disorder shall provide a printed copy of any materials pertaining to the prescribed substance which have been prepared by the department under sub. (2) (b) to the persons specified in par. (c).

AB193,7,13 (c) A physician required to provide information under this section shall provide the information to the parent or guardian of the child if the parent or guardian of the child is present when the prescription order is issued. If the child is 14 years of age or older, the physician shall also provide the information to the child. If the child's parent or guardian is not present at the time the prescription order is issued, the physician shall provide the information to an adult who is with the child at the time the prescription order is issued, if any.

AB193,7,16 (d) A physician shall obtain from the parent or guardian of the child, or the adult to whom the information is provided, if any, certification in writing that the physician has provided the information required under this section.

AB193,7,23 (e) A physician who treats a child for attention deficit hyperactivity disorder on a long-term basis with the same prescription drug shall provide the information and obtain the certification required under this section when issuing the initial prescription order for that prescription drug and at least once every 2 years thereafter. A physician is not required to provide the information described under sub. (2) if the physician reasonably believes that another physician has issued a prescription order for the child for the same prescription drug within the past year.

AB193,8,3 (4) Exemption. It is not unprofessional conduct under s. 448.02 (3) (a) for a physician to fail to provide the materials required under this section if the physician made a reasonably diligent effort to obtain the materials from the department and the department did not make the materials available at the time that the physician was required to provide them.

Note: Creates the requirements for physicians to provide certain information when issuing a prescription order to treat ADHD in a child, and for DHFS to prepare those informational materials, as described above in the prefatory note.

Also creates an exemption to an allegation of unprofessional conduct as described in the note following Section 2.

AB193, s. 4 Section 4. Initial applicability.

AB193,8,7 (1) The treatment of sections 448.02 (3) (a) and 448.35 (3) of the statutes first applies to prescription orders that are issued on the first day of the 10th month beginning after the effective date of this subsection.

Note: Provides that the requirements pertaining to physicians do not take effect until the first day of the 10th month after the effective date of the bill.

AB193,8,8 (End)