SB317: Bill Text

SB317, s. 5 Section 5. 448.02 (3) (c) of the statutes is amended to read:

SB317,12,24 448.02 (3) (c) Subject to par. (cm), after a disciplinary hearing, the board may, when it determines that a panel established under s. 655.02, 1983 stats., has unanimously found or a court has found that a person has been negligent in treating a patient or when it finds a person guilty of unprofessional conduct or negligence in treatment, do one or more of the following: warn or reprimand that person, assess a forfeiture against that person under par. (d), or limit, suspend or revoke any license, certificate or limited permit granted by the board to that person. The board may condition the removal of limitations on a license, certificate or limited permit or the restoration of a suspended or revoked license, certificate or limited permit upon obtaining minimum results specified by the board on one or more physical, mental or professional competency examinations if the board believes that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.

SB317, s. 6 Section 6. 448.02 (3) (d) of the statutes is created to read:

SB317,13,3 448.02 (3) (d) The board may, except in cases where the person is found guilty of negligence in treatment, assess a forfeiture of not more than $1,000 for each violation against a person who is found guilty of unprofessional conduct.

Note: Authorizes the board to assess a forfeiture, of not more than $1,000 for each violation, against a credential holder who is found guilty of unprofessional conduct, not including cases of negligence in treatment.

SB317, s. 7 Section 7. 448.02 (4) and (9) (intro.) of the statutes are amended to read:

SB317,13,23 448.02 (4) Suspension pending hearing. The board may summarily suspend or limit 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 subchapter and that it is necessary to suspend or limit 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 or limit summarily a license, certificate or limited permit, but such suspension or limitation shall be for a period of time not to exceed 72 hours. If a license, certificate or limited permit has been summarily suspended or limited 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 or limitation 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 or limit 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.

Note: Authorizes the board to summarily limit the credential of a credential holder when the board has probable cause to believe that the credential holder has violated a provision of subch. II of ch. 448, stats., and that it is necessary to immediately limit the credential to protect the public health, safety and welfare.

SB317,14,6 (9) Judicial review. (intro.) No injunction, temporary injunction, stay, restraining order or other order may be issued by a court in any proceeding for review that suspends or stays an order of the board to discipline a physician under sub. (3) (c) or to suspend or limit a physician's license under sub. (4), except upon application to the court and a determination by the court that all of the following conditions are met:

SB317, s. 8 Section 8 . 979.01 (1n) of the statutes is created to read:

SB317,14,11 979.01 (1n) If the coroner or medical examiner determines that a death reported under sub. (1) was a therapeutic-related death, as defined in s. 69.18 (2) (g) 1., the coroner or medical examiner shall indicate this determination on the death certificate of the person whose death was reported.

Note: Requires a coroner or medical examiner who determines that a death reported under s. 969.01 (1), stats., was a therapeutic-related death to indicate that determination on the death certificate. See Section 2 of the bill for the definition of "therapeutic-related death".

Section 979.01 (1), stats., provides for reporting certain deaths to coroners and medical examiners as follows:

"All physicians, authorities of hospitals, sanatoriums, institutions (public and private), convalescent homes, authorities of any institution of a like nature, and other persons having knowledge of the death of any person who has died under any of the following circumstances, shall immediately report such death to the sheriff, police chief, medical examiner or coroner of the county wherein such death took place, and the sheriff or police chief shall, immediately upon notification, notify the coroner or the medical examiner and the coroner or medical examiner of the county where death took place, if the crime, injury or event occurred in another county, shall report such death immediately to the coroner or medical examiner of that county:

(a) All deaths in which there are unexplained, unusual or suspicious circumstances.

(b) All homicides.

(c) All suicides.

(d) All deaths following an abortion.

(e) All deaths due to poisoning, whether homicidal, suicidal or accidental.

(f) All deaths following accidents, whether the injury is or is not the primary cause of death.

(g) When there was no physician, or accredited practitioner of a bona fide religious denomination relying upon prayer or spiritual means for healing in attendance within 30 days preceding death.

(h) When a physician refuses to sign the death certificate.

(i) When, after reasonable efforts, a physician cannot be obtained to sign the medical certification as required under s. 69.18 (2) (b) or (c) within 6 days after the pronouncement of death or sooner under circumstances which the coroner or medical examiner determines to be an emergency.".

SB317, s. 9 Section 9. 979.01 (1p) of the statutes is created to read:

SB317,15,4 979.01 (1p) The coroner or medical examiner making a determination under sub. (1n) that a death was a therapeutic-related death shall report this information to the department of regulation and licensing.

Note: Requires a coroner or medical examiner who determines that a death reported under s. 979.01, stats., was a therapeutic-related death to report that information to DORL.

SB317, s. 10 Section 10 . Nonstatutory provisions; report to legislature.

SB317,15,13 (1) Report on time guidelines. No later than May 1, 2001, the department of regulation and licensing shall submit, to the appropriate standing committees of the legislature, as determined by the speaker of the assembly or the president of the senate, in the manner provided under section 13.172 (3) of the statutes, a report on the disciplinary process timelines that were implemented by the department as guidelines in February 1999. The report shall address compliance with and enforcement of the guidelines and the effect of the guidelines on the fairness and efficiency of the disciplinary process.

Note: Based on recommendations of its ad hoc enforcement advisory committee, DORL in February of 1999 adopted as department policy specific time lines for processing disciplinary cases once a complaint is received by DORL division of enforcement. The special committee on discipline of health care professionals was supportive of the implementation of the guidelines and concluded it will be useful for the legislature to be apprised of the experience with the guidelines.

SB317, s. 11 Section 11. Nonstatutory provisions; medical examining board.

SB317,16,3 (1) Initial appointment of additional public members. Notwithstanding the length of term specified in section 15.405 (7) (b) (intro.) of the statutes, the 2 additional public members of the medical examining board shall be initially appointed for the following terms by the first day of the 4th month beginning after the effective date of this act:

SB317,16,4 (a) One public member, for a term expiring on July 1, 2002.

SB317,16,5 (b) One public member, for a term expiring on July 1, 2003.

Note: Provides that the 2 new public members, who are appointed to the board for staggered 4-year terms, will have initial terms that expire on July 1, 2002 and July 1, 2003.

SB317, s. 12 Section 12. Initial applicability.

SB317,16,9 (1) The treatment of section 440.037 (4) of the statutes first applies to cases of possible unprofessional conduct that are screened on the effective date of this subsection.

SB317,16,11 (2) The treatment of section 440.037 (5) of the statutes first applies to formal complaints that are filed on the effective date of this subsection.

SB317,16,14 (3) The treatment of sections 440.037 (6) and 448.02 (3) (c) and (d) of the statutes first applies to cases of unprofessional conduct for which a formal complaint is filed on the effective date of this subsection.

SB317, s. 13 Section 13. Effective dates. This act takes effect on the day after publication, except as follows:

SB317,16,18 (1) The treatment of sections 69.18 (2) (g) and 979.01 (1n) and (1p) of the statutes takes effect on the first day of the 6th month beginning after publication.

SB317,16,19 (End)