AB1090,19,620 448.08 (2) Separate billing required. Any person licensed under this chapter
21subchapter who renders any medical or surgical service or assistance whatever, or
22gives any medical, surgical or any similar advice or assistance whatever to any
23patient, physician or corporation, or to any other institution or organization of any
24kind, including a hospital, for which a charge is made to such patient receiving such
25service, advice or assistance, shall, except as authorized by Title 18 or Title 19 of the

1federal social security act, render an individual statement or account of the charges
2therefor directly to such patient, distinct and separate from any statement or account
3by any physician or other person, who has rendered or who may render any medical,
4surgical or any similar service whatever, or who has given or may give any medical,
5surgical or similar advice or assistance to such patient, physician, corporation, or to
6any other institution or organization of any kind, including a hospital.
AB1090, s. 58 7Section 58. 448.08 (4) of the statutes, as affected by 1995 Wisconsin Act ....
8(Assembly Bill 325), is amended to read:
AB1090,19,189 448.08 (4) Professional partnerships and corporations permitted.
10Notwithstanding any other provision in this section, it is lawful for 2 or more
11physicians or 2 or more podiatrists, who have entered into a bona fide partnership
12for the practice of medicine or podiatry, to render a single bill for such services in the
13name of such partnership;, and it also is lawful for a service corporation to render a
14single bill for services in the name of the corporation; , provided that each individual
15physician or podiatrist that renders billed services and each individual licensed,
16registered or certified under subch. III or IV of this chapter or ch. 446, 449, 450, 455,
17457 or 459 that renders billed services is individually identified as having rendered
18such services.
AB1090, s. 59 19Section 59. 448.09 (1) of the statutes is amended to read:
AB1090,19,2220 448.09 (1) Penalties. Anyone violating s. 448.08 (3) may be fined not more than
21$250. Anyone violating any other provision of this chapter subchapter may be fined
22not more than $10,000 or imprisoned for not more than 9 months or both.
AB1090, s. 60 23Section 60. 448.09 (2) of the statutes is amended to read:
AB1090,20,324 448.09 (2) Appeal. Any person aggrieved by any action taken under this
25chapter subchapter by the board, its officers or its agents may apply for judicial

1review as provided in ch. 227, and shall file notice of such appeal with the secretary
2of the board within 30 days. No court of this state may enter an ex parte stay of any
3action taken by the board under this chapter subchapter.
AB1090, s. 61 4Section 61. 448.10 (2) of the statutes is repealed.
AB1090, s. 62 5Section 62. 448.10 (5) of the statutes is amended to read:
AB1090,20,106 448.10 (5) Midwifery. Any person who, on May 7, 1953, was practicing
7midwifery in this state under a certificate of registration issued by the examining
8board may continue to so practice under such certificate but subject to the provisions
9of ch. 150, 1951 stats., as in effect prior to such date and subject to the other
10provisions of this chapter subchapter.
AB1090, s. 63 11Section 63. 448.11 of the statutes is amended to read:
AB1090,20,18 12448.11 Injunction. If it appears upon complaint to the board by any person
13or if it is known to the board that any person is violating this chapter subchapter, or
14rules adopted by the board under this chapter subchapter, the board or the attorney
15general may investigate and may, in addition to any other remedies, bring action in
16the name and on behalf of the state against any such person to enjoin such person
17from such violation. The attorney general shall represent the board in all
18proceedings.
AB1090, s. 64 19Section 64. 448.21 (1) (d) of the statutes is amended to read:
AB1090,20,2120 448.21 (1) (d) The practice of podiatry within the meaning of s. 448.01 (8)
21448.60 (4).
AB1090, s. 65 22Section 65. 448.40 (1) of the statutes is amended to read:
AB1090,20,2423 448.40 (1) The board may promulgate rules to carry out the purposes of this
24chapter subchapter.
AB1090, s. 66
1Section 66. Subchapter IV of chapter 448 [precedes 448.70] of the statutes, as
2created by 1993 Wisconsin Act 443, is renumbered subchapter V of chapter 448
3[precedes 448.70].
AB1090, s. 67 4Section 67. Subchapter IV of chapter 448 [precedes 448.60] of the statutes is
5created to read:
AB1090,21,66 Chapter 448
AB1090,21,77 subchapter Iv
AB1090,21,98 podiatrists
9 affiliated credentialing board
AB1090,21,11 10448.60 Definitions. (1) "Affiliated credentialing board" means the podiatrists
11affiliated credentialing board.
AB1090,21,12 12(2) "Licensee" means a person who is licensed under this subchapter.
AB1090,21,15 13(5) "Unprofessional conduct" means an act or attempted act of commission or
14omission, as defined by the affiliated credentialing board by rule under s. 448.695 (1),
15or an act by a podiatrist in violation of ch. 161 or 450.
AB1090,21,22 16448.61 License required. Except as provided in s. 448.62, no person may
17practice podiatry, designate himself or herself as a podiatrist, use or assume the title
18"doctor of surgical chiropody", "doctor of podiatry", "doctor of podiatric medicine", or
19append to the person's name the words or letters "doctor", "Dr.", "D.S.C.", "D.P.M.",
20"foot doctor", "foot specialist" or any other title, letters or designation which
21represents or may tend to represent the person as a podiatrist unless the person is
22licensed under this subchapter.
AB1090,21,24 23448.62 Applicability. This subchapter does not require a license for any of the
24following:
AB1090,22,2
1(1) A person lawfully practicing within the scope of a license, permit,
2registration or certification granted by this state or the federal government.
AB1090,22,4 3(2) A person assisting a podiatrist in practice under the direct, on-premises
4supervision of the podiatrist.
AB1090,22,6 5(3) A podiatry student engaged in activities required for his or her education
6or training.
AB1090,22,9 7(4) A podiatrist who is licensed to practice podiatry in another state or country
8and is providing a consultation or demonstration with a podiatrist who is licensed
9under this subchapter.
AB1090,22,11 10(5) A person performing the gratuitous domestic administration of family
11remedies.
AB1090,22,13 12(6) A person furnishing medical assistance or first aid at the scene of an
13emergency.
AB1090,22,16 14448.63 Licensure of podiatrists. (1) Subject to sub. (4), the affiliated
15credentialing board shall grant a license as a podiatrist to a person who does all of
16the following:
AB1090,22,1817 (a) Submits an application for the license to the department on a form provided
18by the department.
AB1090,22,1919 (b) Pays the fee specified in s. 440.05 (1).
AB1090,22,2220 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
21to the affiliated credentialing board that the applicant does not have an arrest or
22conviction record.
AB1090,22,2423 (d) Submits evidence satisfactory to the affiliated credentialing board of all of
24the following:
AB1090,23,5
11. That the applicant is a graduate of a school of podiatric medicine and surgery
2approved by the affiliated credentialing board and possesses a diploma from such
3school conferring the degree of doctor of podiatric medicine, or equivalent degree as
4determined by the affiliated credentialing board, unless the affiliated credentialing
5board waives these requirements under sub. (2).
AB1090,23,76 2. That the applicant has completed 12 months of postgraduate training in a
7program approved by the affiliated credentialing board.
AB1090,23,88 (e) Passes an examination under s. 448.64.
AB1090,23,11 9(2) The affiliated credentialing board may waive the requirement under sub.
10(1) (d) 1. for an applicant who establishes, to the satisfaction of the affiliated
11credentialing board, all of the following:
AB1090,23,1212 (a) That he or she is a graduate of a podiatry school.
AB1090,23,1413 (b) That he or she is licensed as a podiatrist by another licensing jurisdiction
14in the United States.
AB1090,23,1715 (c) That the jurisdiction in which he or she is licensed required the licensee to
16be a graduate of a school approved by the licensing jurisdiction or of a school that the
17licensing jurisdiction evaluated for education equivalency.
AB1090,23,2018 (d) That he or she has actively practiced podiatry, under the license issued by
19the other licensing jurisdiction in the United States, for at least 3 years immediately
20preceding the date of his or her application.
AB1090,23,22 21(3) The affiliated credentialing board may promulgate rules providing for
22various classes of temporary licenses to practice podiatry.
AB1090,24,3 23(4) The affiliated credentialing board may grant a limited license to an
24applicant for a license under sub. (1) if the affiliated credentialing board finds that
25the applicant has not demonstrated adequate education, training or performance on

1any past examination or in any past practice, and that, based upon considerations
2of public health and safety, the applicant does not qualify for full licensure under sub.
3(1).
AB1090,24,6 4448.64 Examination. (1) The affiliated credentialing board shall conduct or
5arrange for examinations for podiatrist licensure at least semiannually and at times
6and places determined by the affiliated credentialing board.
AB1090,24,9 7(2) Except as provided in sub. (3), examinations shall consist of written or oral
8tests, or both, requiring an applicant to demonstrate minimum competency in
9subjects substantially related to the practice of podiatry.
AB1090,24,14 10(3) The affiliated credentialing board may not require an applicant to take an
11oral examination or an examination to test proficiency in the English language for
12the sole reason that the applicant was educated at a podiatry school that is not in the
13United States if the applicant establishes, to the satisfaction of the affiliated
14credentialing board, that he or she satisfies the requirements under s. 448.63 (2).
AB1090,24,17 15(4) The affiliated credentialing board may require an applicant who fails to
16appear for or to complete an examination under this section to reapply for licensure
17before being admitted to a subsequent examination.
AB1090,24,25 18(5) An applicant who fails to pass an examination under this section may
19request reexamination, and may be reexamined not more than twice at not less than
204-month intervals, and shall pay a reexamination fee for each reexamination. An
21applicant who fails to pass an examination on the 2nd such reexamination may not
22be admitted to further examination until the applicant reapplies for licensure and
23submits evidence that shows, to the satisfaction of the affiliated credentialing board,
24that he or she has completed additional education or received additional professional
25training.
AB1090,25,3
1448.65 Issuance of license; expiration and renewal; duplicate license.
2(1) The department shall issue a certificate of licensure to each person who is
3licensed under this subchapter.
AB1090,25,8 4(2) The renewal date for a license granted under this subchapter, other than a
5temporary license granted under rules promulgated under s. 448.63 (3), is specified
6under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
7on a form provided by the department and shall be accompanied by all of the
8following:
AB1090,25,99 (a) The renewal fee specified in s. 440.08 (2) (a).
AB1090,25,1010 (b) Proof of completion of continuing education requirements in s. 448.665.
AB1090,25,17 11(3) A licensee whose license is lost, stolen or destroyed may apply to the
12department for a duplicate license. Duplicate license applications shall be submitted
13to the department on a form provided by the department and shall be accompanied
14by the fee specified under s. 440.05 (7) and an affidavit setting out the circumstances
15of the loss, theft or destruction of the license. Upon receipt of an application under
16this subsection, the department shall issue a duplicate license bearing on its face the
17word "duplicate".
AB1090,25,21 18448.66 Malpractice. A person who practices podiatry without having a license
19under this subchapter may be liable for malpractice, and his or her ignorance of a
20duty ordinarily performed by a licensed podiatrist shall not limit his or her liability
21for an injury arising from his or her practice of podiatry.
AB1090,26,8 22448.665 Continuing education. The affiliated credentialing board shall
23promulgate rules establishing requirements and procedures for licensees to
24complete continuing education programs or courses of study in order to qualify for
25renewal of a license granted under this subchapter. The rules shall require a licensee

1to complete at least 30 hours of continuing education programs or courses of study
2within each 2-year period immediately preceding the renewal date specified under
3s. 440.08 (2) (a). The affiliated credentialing board may waive all or part of these
4requirements for the completion of continuing education programs or courses of
5study if the affiliated credentialing board determines that prolonged illness,
6disability or other exceptional circumstances have prevented a licensee from
7completing the requirements. This section does not apply to applications for renewal
8that are due on November 1, 1997.
AB1090,26,14 9448.67 Practice requirements. (1) Fee splitting. No licensee may give or
10receive, directly or indirectly, to or from any other person any fee, commission, rebate
11or other form of compensation or anything of value for sending, referring or otherwise
12inducing a person to communicate with a licensee in a professional capacity, or for
13any professional services not actually rendered personally by the licensee or at the
14licensee's direction.
AB1090,26,23 15(2) Separate billing required. Except as provided in sub. (4), a licensee who
16renders any podiatric service or assistance whatever, or gives any podiatric advice
17or any similar advice or assistance whatever, to any patient, podiatrist, physician,
18partnership or corporation, or to any other institution or organization of any kind,
19including a hospital, for which a charge is made to a patient, shall, except as
20authorized by Title 18 or Title 19 of the federal social security act, render an
21individual statement or account of the charge directly to the patient, distinct and
22separate from any statement or account by any other podiatrist, physician or other
23person.
AB1090,27,3 24(3) Billing for tests performed by the state laboratory of hygiene. A
25licensee who charges a patient, other person or 3rd-party payer for services

1performed by the state laboratory of hygiene shall identify the actual amount
2charged by the state laboratory of hygiene and shall restrict charges for those
3services to that amount.
AB1090,27,10 4(4) Billing by professional partnerships and corporations. If 2 or more
5podiatrists have entered into a bona fide partnership or formed a service corporation
6for the practice of podiatry, the partnership or corporation may not render a single
7bill for podiatry services provided in the name of the partnership or corporation
8unless each individual licensed, registered or certified under this chapter or ch. 446,
9449, 450, 455, 457 or 459, who provided services is individually identified on the bill
10as having rendered those services.
AB1090,27,23 11448.675 Disciplinary proceedings and actions. (1) Investigation; hearing;
12action.
(a) The affiliated credentialing board shall investigate allegations of
13unprofessional conduct and negligence in treatment by a licensee. Information
14contained in reports filed with the affiliated credentialing board under s. 49.45 (2)
15(a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall be
16investigated by the affiliated credentialing board. Information contained in a report
17filed with the affiliated credentialing board under s. 50.36 (3) (c) may, within the
18discretion of the affiliated credentialing board, be used as the basis of an
19investigation of a person named in the report. The affiliated credentialing board may
20require a licensee to undergo and may consider the results of a physical, mental or
21professional competency examination if the affiliated credentialing board believes
22that the results of the examination may be useful to the affiliated credentialing board
23in conducting its investigation.
AB1090,28,1224 (b) After an investigation, if the affiliated credentialing board finds that there
25is probable cause to believe that the person is guilty of unprofessional conduct or

1negligence in treatment, the affiliated credentialing board shall hold a hearing on
2such conduct. The affiliated credentialing board may require a licensee to undergo
3and may consider the results of a physical, mental or professional competency
4examination if the affiliated credentialing board believes that the results of the
5examination may be useful to the affiliated credentialing board in conducting its
6hearing. A finding by a court that a podiatrist has acted negligently in treating a
7patient is conclusive evidence that the podiatrist is guilty of negligence in treatment.
8 A certified copy of the order of a court is presumptive evidence that the finding of
9negligence in treatment was made. The affiliated credentialing board shall render
10a decision within 90 days after the date on which the hearing is held or, if subsequent
11proceedings are conducted under s. 227.46 (2), within 90 days after the date on which
12those proceedings are completed.
AB1090,28,2313 (c) After a disciplinary hearing, the affiliated credentialing board may, when
14it determines that a court has found that a person has been negligent in treating a
15patient or when it finds a person guilty of unprofessional conduct or negligence in
16treatment, do one or more of the following: warn or reprimand that person, or limit,
17suspend or revoke a license granted by the affiliated credentialing board to that
18person. The affiliated credentialing board may condition the removal of limitations
19on a license, or the restoration of a suspended or revoked license, upon obtaining
20minimum results specified by the affiliated credentialing board on a physical, mental
21or professional competency examination if the affiliated credentialing board believes
22that obtaining the minimum results is related to correcting one or more of the bases
23upon which the limitation, suspension or revocation was imposed.
AB1090,28,2524 (e) A person whose license is limited shall be permitted to continue practice if
25the person agrees to do all of the following:
AB1090,29,1
11. Refrain from engaging in unprofessional conduct.
AB1090,29,32 2. Appear before the affiliated credentialing board or its officers or agents at
3such times and places designated by the affiliated credentialing board.
AB1090,29,54 3. Fully disclose to the affiliated credentialing board or its officers or agents the
5nature of the person's practice and conduct.
AB1090,29,76 4. Fully comply with the limits placed on his or her practice and conduct by the
7affiliated credentialing board.
AB1090,29,98 5. Obtain additional training, education or supervision required by the
9affiliated credentialing board.
AB1090,29,1010 6. Cooperate with the affiliated credentialing board.
AB1090,29,1511 (f) Unless a suspended license is revoked during the period of suspension, upon
12expiration of the period of suspension the affiliated credentialing board shall
13reinstate the person's license, except that the affiliated credentialing board may, as
14a condition precedent to the reinstatement of the license, require the person to pass
15the examinations required for the original grant of the license.
AB1090,29,1816 (g) The affiliated credentialing board shall comply with rules of procedure for
17the investigation, hearing and action promulgated by the department under s.
18440.03 (1).
AB1090,29,2219 (h) Nothing in this subsection prohibits the affiliated credentialing board, in
20its discretion, from investigating and conducting disciplinary proceedings on
21allegations of unprofessional conduct by a licensee when the allegations of
22unprofessional conduct may also constitute allegations of negligence in treatment.
AB1090,30,13 23(2) Suspension pending hearing. The affiliated credentialing board may
24summarily suspend a license granted by the affiliated credentialing board for a
25period not to exceed 30 days pending hearing if the affiliated credentialing board has

1in its possession evidence establishing probable cause to believe that the licensee has
2violated the provisions of this subchapter and that it is necessary to suspend the
3license immediately to protect the public health, safety or welfare. The licensee shall
4be granted an opportunity to be heard during the determination of whether or not
5probable cause exists. The affiliated credentialing board may designate any of its
6officers to exercise the authority granted by this subsection to suspend summarily
7a license, for a period not exceeding 72 hours. If a license has been summarily
8suspended by the affiliated credentialing board or any of its officers, the affiliated
9credentialing board may, while the hearing is in progress, extend the initial period
10of suspension for not more than an additional 30 days. If the licensee has caused a
11delay in the hearing process, the affiliated credentialing board may subsequently
12suspend the license from the time the hearing is commenced until a final decision is
13issued or may delegate such authority to the hearing examiner.
AB1090,30,19 14(3) Voluntary surrender. A licensee may voluntarily surrender his or her
15license to the secretary of the affiliated credentialing board, but the secretary may
16refuse to accept the surrender if the affiliated credentialing board has received an
17allegation of unprofessional conduct against the licensee. The affiliated
18credentialing board may negotiate stipulations in consideration for accepting the
19surrender of a license.
AB1090,30,23 20(4) Restoration of license, certificate or limited permit. The affiliated
21credentialing board may restore a license which has been voluntarily surrendered
22or revoked under this subchapter on such terms and conditions as it considers
23appropriate.
AB1090,31,5 24448.68 Hospital reports. (1) Within 30 days after receipt of a report under
25s. 50.36 (3) (c), the affiliated credentialing board shall notify the licensee, in writing,

1of the substance of the report. The licensee and the licensee's authorized
2representative may examine the report and may place into the record a statement,
3of reasonable length, of the licensee's view of the correctness or relevance of any
4information in the report. The licensee may institute an action in circuit court to
5amend or expunge any part of the licensee's record related to the report.
AB1090,31,12 6(2) If the affiliated credentialing board determines that a report submitted
7under s. 50.36 (3) (c) is without merit or that the licensee has sufficiently improved
8his or her conduct, the affiliated credentialing board shall remove the report from the
9licensee's record. If no report about a licensee is filed under s. 50.36 (3) (c) for 2
10consecutive years, the licensee may petition the affiliated credentialing board to
11remove any prior reports, which did not result in disciplinary action, from his or her
12record.
AB1090,31,17 13(3) Upon the request of a hospital, the affiliated credentialing board shall
14provide the hospital with all information relating to a licensee's loss, reduction or
15suspension of staff privileges from other hospitals and all information relating to the
16licensee's being found guilty of unprofessional conduct. In this subsection, "hospital"
17has the meaning specified under s. 50.33 (2).
AB1090,31,23 18448.685 Injunctive relief. If the affiliated credentialing board has reason to
19believe that a person is violating this subchapter or a rule promulgated under this
20subchapter, the affiliated credentialing board, the department, the attorney general
21or the district attorney of the proper county may investigate and may, in addition to
22any other remedies, bring an action in the name and on behalf of this state to enjoin
23the person from the violation.
AB1090,32,2 24448.69 Penalties; appeal. (1) Penalties. (a) Except as provided in par. (b),
25a person who violates any provision of this subchapter or a rule promulgated under

1this subchapter may be fined not more than $10,000 or imprisoned for not more than
29 months or both.
AB1090,32,33 (b) A person who violates s. 448.67 (3) may be fined not more than $250.
AB1090,32,9 4(2) Appeal. A person aggrieved by an action taken under this subchapter by the
5affiliated credentialing board, its officers or its agents may apply for judicial review
6as provided in ch. 227, and shall file notice of such appeal with the secretary of the
7affiliated credentialing board within 30 days. No court of this state may enter an ex
8parte stay of an action taken by the affiliated credentialing board under this
9subchapter.
AB1090,32,12 10448.695 Rules. (1) The affiliated credentialing board shall promulgate rules
11defining the acts or attempted acts of commission or omission that constitute
12unprofessional conduct under s. 448.60 (5).
AB1090,32,1413 (2) The affiliated credentialing board may promulgate rules to carry out the
14purposes of this subchapter.
AB1090, s. 68 15Section 68. 448.86 (1) of the statutes, as created by 1993 Wisconsin Act 443,
16is amended to read:
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