AB356,53,213
939.615
(6) (e) A person filing a petition requesting termination of lifetime
14supervision who is entitled to a hearing under par. (d) 2. shall be examined by a
15person who is either a physician
, as defined in s. 448.01 (5), or a psychologist licensed
16under ch. 455 and who is approved by the court. The physician or psychologist who
17conducts an examination under this paragraph shall prepare a report of his or her
18examination that includes his or her opinion of whether the person petitioning for
19termination of lifetime supervision is a danger to public. The physician or
20psychologist shall file the report of his or her examination with the court within 60
21days after completing the examination, and the court shall provide copies of the
22report to the person filing the petition and the district attorney who received a copy
23of the person's petition under par. (c). The contents of the report shall be confidential
24until the physician or psychologist testifies at a hearing under par. (f). The person
1petitioning for termination of lifetime supervision shall pay the cost of an
2examination required under this paragraph.
AB356, s. 154
3Section
154. 940.001 of the statutes is created to read:
AB356,53,5
4940.001 Definition. In this subchapter, "physician" has the meaning given
5in s. 448.01 (5).
AB356, s. 155
6Section
155. 941.315 (1) (c) of the statutes is created to read:
AB356,53,77
941.315
(1) (c) "Physician" has the meaning given in s. 448.01 (5).
AB356, s. 156
8Section
156. 948.01 (3o) of the statutes is created to read:
AB356,53,99
948.01
(3o) "Physician" has the meaning given in s. 448.01 (5).
AB356, s. 157
10Section
157. 948.70 (1) (intro.) and (b) of the statutes are consolidated,
11renumbered 948.70 (1) and amended to read:
AB356,53,1412
948.70
(1) In this section
: (b) "Tattoo", "tattoo" means to insert pigment under
13the surface of the skin of a person, by pricking with a needle or otherwise, so as to
14produce an indelible mark or figure through the skin.
AB356, s. 158
15Section
158. 948.70 (1) (a) of the statutes is repealed.
AB356, s. 159
16Section
159. 961.01 (17m) of the statutes is created to read:
AB356,53,1717
961.01
(17m) "Physician" has the meaning given in s. 448.01 (5).
AB356, s. 160
18Section
160. 967.02 (2) of the statutes is amended to read:
AB356,53,2019
967.02
(2) "Department" means the department of corrections, except as
20provided in s. 975.001
(1).
AB356, s. 161
21Section
161. 968.255 (3) of the statutes is amended to read:
AB356,53,2422
968.255
(3) No person other than a physician,
as defined in s. 448.01 (5),
23physician assistant or registered nurse licensed to practice in this state may conduct
24a body cavity search.
AB356, s. 162
25Section
162. 971.14 (2) (g) of the statutes is amended to read:
AB356,54,4
1971.14
(2) (g) The defendant may be examined for competency purposes at any
2stage of the competency proceedings by physicians
, as defined in s. 448.01 (5), or
3other experts chosen by the defendant or by the district attorney, who shall be
4permitted reasonable access to the defendant for purposes of the examination.
AB356, s. 163
5Section
163. 971.14 (5) (am) of the statutes is amended to read:
AB356,54,236
971.14
(5) (am) If the defendant is not subject to a court order determining the
7defendant to be not competent to refuse medication or treatment for the defendant's
8mental condition and if the treatment facility determines that the defendant should
9be subject to such a court order, the treatment facility may file with the court with
10notice to the counsel for the defendant, the defendant and the district attorney, a
11motion for a hearing, under the standard specified in sub. (3) (dm), on whether the
12defendant is not competent to refuse medication or treatment. A report on which the
13motion is based shall accompany the motion and notice of motion and shall include
14a statement signed by a
licensed physician
, as defined in s. 448.01 (5), that asserts
15that the defendant needs medication or treatment and that the defendant is not
16competent to refuse medication or treatment, based on an examination of the
17defendant by
such a
licensed physician. Within 10 days after a motion is filed under
18this paragraph, the court shall, under the procedures and standards specified in sub.
19(4) (b), determine the defendant's competency to refuse medication or treatment for
20the defendant's mental condition. At the request of the defendant, the defendant's
21counsel or the district attorney, the hearing may be postponed, but in no case may
22the postponed hearing be held more than 20 days after a motion is filed under this
23paragraph.
AB356, s. 164
24Section
164. 971.17 (3) (c) of the statutes is amended to read:
AB356,56,4
1971.17
(3) (c) If the court order specifies institutional care, the department of
2health and family services shall place the person in an institution under s. 51.37 (3)
3that the department considers appropriate in light of the rehabilitative services
4required by the person and the protection of public safety. If the person is not subject
5to a court order determining the person to be not competent to refuse medication or
6treatment for the person's mental condition and if the institution in which the person
7is placed determines that the person should be subject to such a court order, the
8institution may file with the court, with notice to the person and his or her counsel
9and the district attorney, a motion for a hearing, under the standard specified in s.
10971.16 (3), on whether the person is not competent to refuse medication or treatment.
11A report on which the motion is based shall accompany the motion and notice of
12motion and shall include a statement signed by a
licensed physician
, as defined in
13s. 448.01 (5), that asserts that the person needs medication or treatment and that the
14person is not competent to refuse medication or treatment, based on an examination
15of the person by a
licensed physician
, as defined in s. 448.01 (5). Within 10 days after
16a motion is filed under this paragraph, the court shall determine the person's
17competency to refuse medication or treatment for the person's mental condition. At
18the request of the person, his or her counsel or the district attorney, the hearing may
19be postponed, but in no case may the postponed hearing be held more than 20 days
20after a motion is filed under this paragraph. If the district attorney, the person and
21his or her counsel waive their respective opportunities to present other evidence on
22the issue, the court shall determine the person's competency to refuse medication or
23treatment on the basis of the report accompanying the motion. In the absence of
24these waivers, the court shall hold an evidentiary hearing on the issue. If the state
25proves by evidence that is clear and convincing that the person is not competent to
1refuse medication or treatment, under the standard specified in s. 971.16 (3), the
2court shall order that the person is not competent to refuse medication or treatment
3for the person's mental condition and that whoever administers the medication or
4treatment to the person shall observe appropriate medical standards.
AB356, s. 165
5Section
165. 975.001 of the statutes is renumbered 975.001 (intro.) and
6amended to read:
AB356,56,7
7975.001 Definition Definitions. (intro.) In this chapter
, "department":
AB356,56,8
8(1) "Department" means the department of health and family services.
AB356, s. 166
9Section
166. 975.001 (2) of the statutes is created to read:
AB356,56,1010
975.001
(2) "Physician" has the meaning given in s. 448.01 (5).
AB356, s. 167
11Section
167. 979.001 of the statutes is created to read:
AB356,56,13
12979.001 Definition. In this chapter "physician" has the meaning given in s.
13448.01 (5).
AB356, s. 168
14Section
168. 990.01 (25v) of the statutes is created to read:
AB356,56,1615
990.01
(25v) Osteopath. "Osteopath" means a person holding a license or
16certificate of registration from the medical examining board.
AB356, s. 169
17Section
169. 990.01 (28) of the statutes is amended to read:
AB356,56,2018
990.01
(28) Physician, surgeon or osteopath. "Physician
," "surgeon" or
19"osteopath" or "licensed physician" means a person holding a license or certificate of
20registration from the medical examining board
or chiropractic examining board.
AB356, s. 170
21Section
170. 990.01 (40m) of the statutes is created to read:
AB356,56,2322
990.01
(40m) Surgeon. "Surgeon" means a person holding a license or
23certificate of registration from the medical examining board.
AB356,57,6
1(1)
Continuing education. If the effective date of this subsection is before
2January 1, 2004, the treatment of sections 446.02 (1) (b) and (4) and 446.025 of the
3statutes first applies to chiropractors whose licenses expire on January 1, 2005. If
4the effective date of this subsection is on or after January 1, 2004, the treatment of
5sections 446.02 (1) (b) and (4) and 446.025 of the statutes first applies to
6chiropractors whose licenses expire on January 1, 2007.
AB356,57,107
(2)
Violations and offenses. The treatment of section 446.05 (1) of the statutes
8and the creation of sections 446.03 (intro.) and (8) and 446.04 (6), (7), (8), (9), (10),
9and (11) of the statutes first apply to violations that occur, and offenses that are
10committed, on the effective date of this subsection.
AB356,57,1311
(3)
License suspension. The treatment of section 446.05 (2) of the statutes and
12the creation of section 446.05 (3) of the statutes first apply to 3rd violations that occur
13on the effective date of this subsection.
AB356, s. 172
14Section
172.
Effective dates. This act takes effect on the first day of the 2nd
15month beginning after publication, except as follows:
AB356,57,1716
(1) The treatment of section 446.02 (6m) of the statutes takes effect on the first
17day of the 7th month beginning after publication.