AB382,16,924
448.07
(1) (d) No registration may be permitted by the secretary of the board
25in the case of any physician,
podiatrist, occupational therapist or occupational
1therapy assistant who has failed to meet the requirements of s. 448.13 or any person
2whose license, certificate or limited permit has been suspended or revoked and the
3registration of any such person shall be deemed automatically annulled upon receipt
4by the secretary of the board of a verified report of such suspension or revocation,
5subject to the licensee's or permittee's right of appeal. A person whose license,
6certificate or limited permit has been suspended or revoked and subsequently
7restored shall be registered by the board upon tendering a verified report of such
8restoration of the license, certificate or limited permit, together with an application
9for registration and the registration fee.
AB382, s. 50
10Section
50. 448.07 (2) of the statutes is amended to read:
AB382,16,1211
448.07
(2) Fees. The fees for examination and licenses granted or renewed
12under this
chapter subchapter are specified in ss. 440.05 and 440.08.
AB382, s. 51
13Section
51. 448.075 (title) of the statutes is renumbered 448.655 (title) and
14amended to read:
AB382,16,15
15448.655 (title)
Podiatrists; malpractice Malpractice liability insurance.
AB382, s. 52
16Section
52. 448.075 (1) (intro.) of the statutes is renumbered 448.655 (1)
17(intro.) and amended to read:
AB382,16,2018
448.655
(1) (intro.)
Every A licensed podiatrist shall annually submit to the
19affiliated credentialing board evidence satisfactory to the
affiliated credentialing 20board
of that the podiatrist satisfies one of the following:
AB382, s. 53
21Section
53. 448.075 (1) (a) of the statutes is renumbered 448.655 (1) (a) and
22amended to read:
AB382,16,2523
448.655
(1) (a)
That the The podiatrist has in effect malpractice liability
24insurance coverage in the amount of at least $1,000,000 per occurrence and
25$1,000,000 for all occurrences in one year.
AB382, s. 54
1Section
54. 448.075 (1) (b) (intro.) of the statutes is renumbered 448.655 (1)
2(b) (intro.) and amended to read:
AB382,17,43
448.655
(1) (b) (intro.)
That the
The podiatrist meets all of the following
4conditions:
AB382,17,5
51. The podiatrist's principal place of practice is not in this state
; that the.
AB382,17,7
62. The podiatrist will not be engaged in the practice of podiatry in this state for
7more than 240 hours during the following 12 months
; that the.
AB382,17,10
83. The podiatrist has in effect malpractice liability insurance coverage that
9covers services provided by the podiatrist to patients in this state
; if the podiatrist 10and which is in one of the following amounts:
AB382,17,16
11a. At least the minimum amount of malpractice liability insurance coverage
12that is required under the laws of the state in which the
affiliated credentialing board
13determines that his or her principal place of practice is located
to have in effect a
14minimum amount of malpractice liability insurance coverage, that the podiatrist has
15in effect at least that minimum amount of malpractice liability insurance coverage;
16and, if.
AB382,17,22
17b. If the podiatrist is not required under the laws of the state in which the
18affiliated credentialing board determines that his or her principal place of practice
19is located to have in effect a minimum amount of malpractice liability insurance
20coverage,
that the podiatrist has in effect at least the minimum amount of
21malpractice liability insurance coverage that the
affiliated credentialing board
22determines is necessary to protect the public.
AB382,17,25
23(2) For purposes of
this paragraph
sub. (1), a podiatrist's principal place of
24practice is not in this state if the
affiliated credentialing board determines that,
25during the following 12 months, any of the following applies:
AB382, s. 55
1Section
55. 448.075 (1) (b) 1., 2. and 3. of the statutes are renumbered 448.655
2(2) (a), (b) and (c).
AB382, s. 56
3Section
56. 448.075 (2) of the statutes is renumbered 448.655 (3) and amended
4to read:
AB382,18,75
448.655
(3) The
affiliated credentialing board may suspend, revoke or refuse
6to issue or renew the license of a podiatrist who fails to procure or to submit proof of
7the malpractice liability insurance coverage required under sub. (1).
AB382, s. 57
8Section
57. 448.08 (1m) of the statutes is amended to read:
AB382,18,159
448.08
(1m) Fee splitting. Except as otherwise provided in this section, no
10person licensed or certified under this
chapter subchapter may give or receive,
11directly or indirectly, to or from any person, firm or corporation any fee, commission,
12rebate or other form of compensation or anything of value for sending, referring or
13otherwise inducing a person to communicate with a licensee in a professional
14capacity, or for any professional services not actually rendered personally or at his
15or her direction.
AB382, s. 58
16Section
58. 448.08 (2) of the statutes is amended to read:
AB382,19,317
448.08
(2) Separate billing required. Any person licensed under this
chapter 18subchapter who renders any medical or surgical service or assistance whatever, or
19gives any medical, surgical or any similar advice or assistance whatever to any
20patient, physician or corporation, or to any other institution or organization of any
21kind, including a hospital, for which a charge is made to such patient receiving such
22service, advice or assistance, shall, except as authorized by Title 18 or Title 19 of the
23federal social security act, render an individual statement or account of the charges
24therefor directly to such patient, distinct and separate from any statement or account
25by any physician or other person, who has rendered or who may render any medical,
1surgical or any similar service whatever, or who has given or may give any medical,
2surgical or similar advice or assistance to such patient, physician, corporation, or to
3any other institution or organization of any kind, including a hospital.
AB382, s. 59
4Section
59. 448.08 (4) of the statutes is amended to read:
AB382,19,145
448.08
(4) Professional partnerships and corporations permitted.
6Notwithstanding any other provision in this section, it is lawful for 2 or more
7physicians
or 2 or more podiatrists, who have entered into a bona fide partnership
8for the practice of medicine
or podiatry, to render a single bill for such services in the
9name of such partnership
;, and it also is lawful for a service corporation to render a
10single bill for services in the name of the corporation
;
, provided that each individual
11physician or podiatrist that renders billed services and each individual licensed,
12registered or certified under
subch. III or IV of this chapter or ch. 446, 449, 450, 455,
13457 or 459 that renders billed services is individually identified as having rendered
14such services.
AB382, s. 60
15Section
60. 448.09 (1) of the statutes is amended to read:
AB382,19,1816
448.09
(1) Penalties. Anyone violating s. 448.08 (3) may be fined not more than
17$250. Anyone violating any other provision of this
chapter subchapter may be fined
18not more than $10,000 or imprisoned
for not more than 9 months or both.
AB382, s. 61
19Section
61. 448.09 (2) of the statutes is amended to read:
AB382,19,2420
448.09
(2) Appeal. Any person aggrieved by any action taken under this
21chapter subchapter by the board, its officers or its agents may apply for judicial
22review as provided in ch. 227, and shall file notice of such appeal with the secretary
23of the board within 30 days. No court of this state may enter an ex parte stay of any
24action taken by the board under this
chapter subchapter.
AB382, s. 62
25Section
62. 448.10 (2) of the statutes is repealed.
AB382, s. 63
1Section
63. 448.10 (5) of the statutes is amended to read:
AB382,20,62
448.10
(5) Midwifery. Any person who, on May 7, 1953, was practicing
3midwifery in this state under a certificate of registration issued by the
examining 4board may continue to so practice under such certificate but subject to the provisions
5of ch. 150, 1951 stats., as in effect prior to such date and subject to the other
6provisions of this
chapter subchapter.
AB382, s. 64
7Section
64. 448.11 of the statutes is amended to read:
AB382,20,14
8448.11 Injunction. If it appears upon complaint to the board by any person
9or if it is known to the board that any person is violating this
chapter subchapter, or
10rules adopted by the board under this
chapter subchapter, the board or the attorney
11general may investigate and may, in addition to any other remedies, bring action in
12the name and on behalf of the state against any such person to enjoin such person
13from such violation. The attorney general shall represent the board in all
14proceedings.
AB382, s. 65
15Section
65. 448.13 (1) of the statutes is amended to read:
AB382,20,2316
448.13
(1) Each physician
and each podiatrist shall, in each 2nd year at the
17time of application for a certificate of registration under s. 448.07, submit proof of
18attendance at and completion of continuing education programs or courses of study
19approved for at least 30 hours of credit by the board within the 2 calendar years
20preceding the calendar year for which the registration is effective. The board may
21waive this requirement if it finds that exceptional circumstances such as prolonged
22illness, disability or other similar circumstances have prevented a physician
or a
23podiatrist from meeting the requirement.
AB382, s. 66
24Section
66. 448.21 (1) (d) of the statutes is amended to read:
AB382,21,2
1448.21
(1) (d) The practice of podiatry within the meaning of s.
448.01 (8) 2448.60 (4).
AB382, s. 67
3Section
67. 448.40 (1) of the statutes is amended to read:
AB382,21,54
448.40
(1) The board may promulgate rules to carry out the purposes of this
5chapter subchapter.
AB382, s. 68
6Section
68. Subchapter IV of chapter 448 [precedes 448.70] of the statutes is
7renumbered subchapter V of chapter 448 [precedes 448.70].
AB382, s. 69
8Section
69. Subchapter IV of chapter 448 [precedes 448.60] of the statutes is
9created to read:
AB382,21,1010
Chapter 448
AB382,21,1111
subchapter Iv
AB382,21,1312
podiatrists affiliated
13
credentialing board
AB382,21,14
14448.60 Definitions. In this subchapter:
AB382,21,16
15(1) "Affiliated credentialing board" means the podiatrists affiliated
16credentialing board.
AB382,21,17
17(2) "Licensee" means a person who is licensed under this subchapter.
AB382,21,20
18(5) "Unprofessional conduct" means an act or attempted act of commission or
19omission, as defined by the affiliated credentialing board by rule under s. 448.695 (1),
20or an act by a podiatrist in violation of ch. 450 or 961.
AB382,22,2
21448.61 License required. Except as provided in s. 448.62, no person may
22practice podiatry, designate himself or herself as a podiatrist, use or assume the title
23"doctor of surgical chiropody", "doctor of podiatry"or "doctor of podiatric medicine",
24or append to the person's name the words or letters "doctor", "Dr.", "D.S.C.", "D.P.M.",
25"foot doctor", "foot specialist" or any other title, letters or designation which
1represents or may tend to represent the person as a podiatrist unless the person is
2licensed under this subchapter.
AB382,22,4
3448.62 Applicability. This subchapter does not require a license for any of the
4following:
AB382,22,6
5(1) A person lawfully practicing within the scope of a license, permit,
6registration or certification granted by this state or the federal government.
AB382,22,8
7(2 ) A person assisting a podiatrist in practice under the direct, on-premises
8supervision of the podiatrist.
AB382,22,10
9(3) A podiatry student engaged in activities required for his or her education
10or training.
AB382,22,13
11(4) A podiatrist who is licensed to practice podiatry in another state or country
12and is providing a consultation or demonstration with a podiatrist who is licensed
13under this subchapter.
AB382,22,15
14(5) A person performing the gratuitous domestic administration of family
15remedies.
AB382,22,17
16(6) A person furnishing medical assistance or first aid at the scene of an
17emergency.
AB382,22,20
18448.63 Licensure of podiatrists. (1) Subject to sub. (4), the affiliated
19credentialing board shall grant a license as a podiatrist to a person who does all of
20the following:
AB382,22,2221
(a) Submits an application for the license to the department on a form provided
22by the department.
AB382,22,2323
(b) Pays the fee specified in s. 440.05 (1).
AB382,23,3
1(c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
2to the affiliated credentialing board that the applicant does not have an arrest or
3conviction record.
AB382,23,54
(d) Submits evidence satisfactory to the affiliated credentialing board of all of
5the following:
AB382,23,106
1. That the applicant is a graduate of a school of podiatric medicine and surgery
7approved by the affiliated credentialing board and possesses a diploma from such
8school conferring the degree of doctor of podiatric medicine, or equivalent degree as
9determined by the affiliated credentialing board, unless the affiliated credentialing
10board waives these requirements under sub. (2).
AB382,23,1211
2. That the applicant has completed 12 months of postgraduate training in a
12program approved by the affiliated credentialing board.
AB382,23,1313
(e) Passes an examination under s. 448.64.
AB382,23,16
14(2) The affiliated credentialing board may waive the requirement under sub.
15(1) (d) 1. for an applicant who establishes, to the satisfaction of the affiliated
16credentialing board, all of the following:
AB382,23,1717
(a) That he or she is a graduate of a podiatry school.
AB382,23,1918
(b) That he or she is licensed as a podiatrist by another licensing jurisdiction
19in the United States.
AB382,23,2220
(c) That the jurisdiction in which he or she is licensed required the licensee to
21be a graduate of a school approved by the licensing jurisdiction or of a school that the
22licensing jurisdiction evaluated for education equivalency.
AB382,23,2523
(d) That he or she has actively practiced podiatry, under the license issued by
24the other licensing jurisdiction in the United States, for at least 3 years immediately
25preceding the date of his or her application.
AB382,24,2
1(3) The affiliated credentialing board may promulgate rules providing for
2various classes of temporary licenses to practice podiatry.
AB382,24,8
3(4) The affiliated credentialing board may grant a limited license to an
4applicant for a license under sub. (1) if the affiliated credentialing board finds that
5the applicant has not demonstrated adequate education, training or performance on
6any past examination or in any past practice, and that, based upon considerations
7of public health and safety, the applicant does not qualify for full licensure under sub.
8(1).
AB382,24,11
9448.64 Examination. (1) The affiliated credentialing board shall conduct or
10arrange for examinations for podiatrist licensure at least semiannually and at times
11and places determined by the affiliated credentialing board.
AB382,24,14
12(2) Except as provided in sub. (3), examinations shall consist of written or oral
13tests, or both, requiring an applicant to demonstrate minimum competency in
14subjects substantially related to the practice of podiatry.
AB382,24,19
15(3) The affiliated credentialing board may not require an applicant to take an
16oral examination or an examination to test proficiency in the English language for
17the sole reason that the applicant was educated at a podiatry school that is not in the
18United States if the applicant establishes, to the satisfaction of the affiliated
19credentialing board, that he or she satisfies the requirements under s. 448.63 (2).
AB382,24,22
20(4) The affiliated credentialing board may require an applicant who fails to
21appear for or to complete an examination under this section to reapply for licensure
22before being admitted to a subsequent examination.
AB382,25,5
23(5) An applicant who fails to pass an examination under this section may
24request reexamination, and may be reexamined not more than twice at not less than
254-month intervals, and shall pay a reexamination fee for each reexamination. An
1applicant who fails to pass an examination on the 2nd such reexamination may not
2be admitted to further examination until the applicant reapplies for licensure and
3submits evidence that shows, to the satisfaction of the affiliated credentialing board,
4that he or she has completed additional education or received additional professional
5training.
AB382,25,8
6448.65 Issuance of license; expiration and renewal; duplicate license. 7(1) The department shall issue a certificate of licensure to each person who is
8licensed under this subchapter.
AB382,25,13
9(2) The renewal date for a license granted under this subchapter, other than
10a temporary license granted under rules promulgated under s. 448.63 (3), is specified
11under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
12on a form provided by the department and shall be accompanied by all of the
13following:
AB382,25,1414
(a) The renewal fee specified in s. 440.08 (2) (a).
AB382,25,1515
(b) Proof of completion of continuing education requirements in s. 448.665.
AB382,25,22
16(3) A licensee whose license is lost, stolen or destroyed may apply to the
17department for a duplicate license. Duplicate license applications shall be submitted
18to the department on a form provided by the department and shall be accompanied
19by the fee specified under s. 440.05 (7) and an affidavit setting out the circumstances
20of the loss, theft or destruction of the license. Upon receipt of an application under
21this subsection, the department shall issue a duplicate license bearing on its face the
22word "duplicate".
AB382,26,2
23448.66 Malpractice. A person who practices podiatry without having a
24license under this subchapter may be liable for malpractice, and his or her ignorance
1of a duty ordinarily performed by a licensed podiatrist shall not limit his or her
2liability for an injury arising from his or her practice of podiatry.
AB382,26,13
3448.665 Continuing education. The affiliated credentialing board shall
4promulgate rules establishing requirements and procedures for licensees to
5complete continuing education programs or courses of study in order to qualify for
6renewal of a license granted under this subchapter. The rules shall require a licensee
7to complete at least 30 hours of continuing education programs or courses of study
8within each 2-year period immediately preceding the renewal date specified under
9s. 440.08 (2) (a). The affiliated credentialing board may waive all or part of these
10requirements for the completion of continuing education programs or courses of
11study if the affiliated credentialing board determines that prolonged illness,
12disability or other exceptional circumstances have prevented a licensee from
13completing the requirements.
AB382,26,19
14448.67 Practice requirements. (1) Fee splitting. No licensee may give or
15receive, directly or indirectly, to or from any other person any fee, commission, rebate
16or other form of compensation or anything of value for sending, referring or otherwise
17inducing a person to communicate with a licensee in a professional capacity, or for
18any professional services not actually rendered personally by the licensee or at the
19licensee's direction.
AB382,27,3
20(2) Separate billing required. Except as provided in sub. (4), a licensee who
21renders any podiatric service or assistance whatever, or gives any podiatric advice
22or any similar advice or assistance whatever, to any patient, podiatrist, physician,
23partnership or corporation, or to any other institution or organization of any kind,
24including a hospital, for which a charge is made to a patient, shall, except as
25authorized by Title 18 or Title 19 of the federal Social Security Act, render an
1individual statement or account of the charge directly to the patient, distinct and
2separate from any statement or account by any other podiatrist, physician or other
3person.
AB382,27,8
4(3) Billing for tests performed by the state laboratory of hygiene. A
5licensee who charges a patient, other person or 3rd-party payer for services
6performed by the state laboratory of hygiene shall identify the actual amount
7charged by the state laboratory of hygiene and shall restrict charges for those
8services to that amount.
AB382,27,15
9(4) Billing by professional partnerships and corporations. If 2 or more
10podiatrists have entered into a bona fide partnership or formed a service corporation
11for the practice of podiatry, the partnership or corporation may not render a single
12bill for podiatry services provided in the name of the partnership or corporation
13unless each individual licensed, registered or certified under this chapter or ch. 446,
14449, 450, 455, 457 or 459, who provided services is individually identified on the bill
15as having rendered those services.