AB356: Bill Text

AB356,27,12 301.45 (1d) (q) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 84 Section 84. 302.10 of the statutes is amended to read:

AB356,27,16 302.10 Solitary confinement. For violation of the rules of the prison an inmate may be confined to a solitary cell, under the care and advice of the physician, as defined in s. 448.01 (5).

AB356, s. 85 Section 85. 302.113 (9g) (c) of the statutes is amended to read:

AB356,27,24 302.113 (9g) (c) An inmate who meets the criteria under par. (b) may submit a petition to the program review committee at the correctional institution in which the inmate is confined requesting a modification of the inmate's bifurcated sentence in the manner specified in par. (f). If the inmate alleges in the petition that he or she has a terminal condition, the inmate shall attach to the petition affidavits from 2 physicians, as defined in s. 448.01 (5), setting forth a diagnosis that the inmate has a terminal condition.

AB356, s. 86 Section 86. 302.37 (2) of the statutes is amended to read:

AB356,28,5 302.37 (2) Neither the sheriff or other keeper of any jail nor any other person shall give, sell or deliver to any prisoner for any cause whatever any alcohol beverages unless a physician, as defined in s. 448.01 (5), certifies in writing that the health of the prisoner requires it, in which case the prisoner may be allowed the quantity prescribed.

AB356, s. 87 Section 87. 302.383 (1) (b) of the statutes is amended to read:

AB356,28,12 302.383 (1) (b) Ensure that the prisoner has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under ch. 51, and ensure that the prisoner has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician, as defined in s. 448.01 (5), licensed psychologist, or other mental health professional.

AB356, s. 88 Section 88. 302.40 of the statutes is amended to read:

AB356,28,16 302.40 Discipline; solitary confinement. For violating the rules of the jail, an inmate may be kept in solitary confinement, under the care and advice of a physician, as defined in s. 448.01 (5), but not over 10 days.

AB356, s. 89 Section 89. 343.045 of the statutes is created to read:

AB356,28,19 343.045 Definition. In this subchapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 90 Section 90. 343.63 (4) of the statutes is amended to read:

AB356,28,23 343.63 (4) The applicant shall submit with his or her application a statement completed by a registered physician showing that in the physician's judgment the applicant is physically fit to teach driving.

AB356, s. 91 Section 91. 346.01 (3) of the statutes is created to read:

AB356,28,25 346.01 (3) In this chapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 92 Section 92. 347.485 (2) (b) of the statutes is amended to read:

AB356,29,4 347.485 (2) (b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, as defined in s. 448.01 (5), oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened.

AB356, s. 93 Section 93. 350.155 (2) of the statutes is amended to read:

AB356,29,24 350.155 (2) In cases of death involving a snowmobile in which the decedent died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after death, by the coroner or medical examiner or by a physician, as defined in s. 448.01 (5), so designated by the coroner or medical examiner or by a qualified person at the direction of such physician. All funeral directors shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health and family services for analysis of the alcoholic content of such blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health and family services. The department of health and family services shall keep a record of all such examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the department of health and family services. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.

AB356, s. 94 Section 94. 440.08 (2) (a) 58. of the statutes is amended to read:

AB356,30,2 440.08 (2) (a) 58. Physician licensed under subch. II of ch. 448: November 1 of each odd-numbered year; $106.

AB356, s. 95 Section 95. 441.001 (2q) of the statutes is created to read:

AB356,30,4 441.001 (2q) Physician. "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 96 Section 96. 441.001 (3) (a) of the statutes is amended to read:

AB356,30,14 441.001 (3) (a) "Practical nursing" means the performance for compensation of any simple acts in the care of convalescent, subacutely or chronically ill, injured or infirm persons, or of any act or procedure in the care of the more acutely ill, injured or infirm under the specific direction of a nurse, physician, chiropractor licensed under ch. 446, podiatrist licensed under ch. 448, dentist licensed under ch. 447 or optometrist licensed under ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if that person prepared the order after examining the patient in that other state and directs that the order be carried out in this state.

AB356, s. 97 Section 97. 441.001 (4) (b) of the statutes is amended to read:

AB356,30,22 441.001 (4) (b) The execution of procedures and techniques in the treatment of the sick under the general or special supervision or direction of a physician, chiropractor licensed under ch. 446, podiatrist licensed under ch. 448, dentist licensed under ch. 447 or optometrist licensed under ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if the person making the order prepared the order after examining the patient in that other state and directs that the order be carried out in this state.

AB356, s. 98 Section 98. 444.01 of the statutes is created to read:

AB356,30,25 444.01 Definition. In this chapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 99 Section 99. 445.14 of the statutes is amended to read:

AB356,31,8 445.14 Funeral directors; who to employ. No public officer, employee or officer of any public institution, physician or surgeon , as defined in s. 448.01 (5), shall send, or cause to be sent, to any funeral director, the corpse of any deceased person, without having first made due inquiry as to the desires of the next of kin, or any persons who may be chargeable with the funeral expenses of such deceased person, and if any such kin or person is found, his or her authority or direction shall be received as to the disposal of such corpse.

AB356, s. 100 Section 100. 446.01 (1d) of the statutes is created to read:

AB356,31,12 446.01 (1d) "Generally accepted standards" means a level of diagnosis, care, skill, and treatment that is recognized by a reasonably prudent chiropractor as being appropriate under similar conditions and circumstances.

AB356, s. 101 Section 101. 446.01 (1k) of the statutes is created to read:

AB356,31,16 446.01 (1k) "Patient" means an individual who receives treatment or services from a chiropractor or who has received treatment or services under the supervision, direction, or delegation of a chiropractor.

AB356, s. 102 Section 102. 446.01 (1L) of the statutes is created to read:

AB356,31,18 446.01 (1L) "Pattern of conduct" means more than one occurrence.

AB356, s. 103 Section 103. 446.01 (1m) of the statutes is created to read:

AB356,31,23 446.01 (1m) "Peer review" means an evaluation based on generally accepted standards, by a peer review panel appointed under s. 446.035 (1), of the appropriateness, quality, and utilization of chiropractic health care provided to a patient or the conduct of a chiropractor alleged to have violated s. 446.04 (11).

AB356, s. 104 Section 104. 446.01 (1q) of the statutes is created to read:

AB356,32,2 446.01 (1q) "Physician assistant" means a physician assistant licensed under subch. II of ch. 448.

AB356, s. 105 Section 105. 446.01 (2) (b) of the statutes is amended to read:

AB356,32,8 446.01 (2) (b) To employ or apply chiropractic adjustments, and the principles or techniques of chiropractic science, that are taught at a chiropractic college or university approved by the Council on Chiropractic Education or any successor organization, in the diagnosis, treatment or prevention of any of the conditions described in s. 448.01 (10).

AB356, s. 106 Section 106. 446.01 (3) of the statutes is created to read:

AB356,32,11 446.01 (3) "Utilization" means the treatment or services provided to a patient, including the frequency and duration of the treatment or services.

AB356, s. 107 Section 107. 446.02 (1) (b) of the statutes is amended to read:

AB356,32,21 446.02 (1) (b) Meets the requirements of continuing education for license renewal as the examining board may require under s. 446.025. During the time between initial licensure and commencement of a full 2-year licensure period new licensees shall not be required to meet continuing education requirements. Any person who has not engaged in the practice of chiropractic for 2 years or more, while holding a valid license under this chapter, and desiring to engage in such practice, shall be required by the examining board to complete a continuing education course at a school of chiropractic approved by the examining board or pass a practical examination administered by the examining board or both.

AB356, s. 108 Section 108. 446.02 (2) (b) of the statutes is amended to read:

AB356,33,5 446.02 (2) (b) The examining board shall promulgate rules establishing educational requirements for obtaining a license under par. (a). The rules shall require that an application for the license that is received by the department after June 30, 1998, be accompanied by satisfactory evidence that the applicant has a bachelor's degree from a college or university accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education, and has graduated from a college or university of chiropractic approved by the examining board.

AB356, s. 109 Section 109. 446.02 (4) of the statutes is amended to read:

AB356,33,20 446.02 (4) The renewal date and renewal fee for all licenses granted by the examining board are specified under s. 440.08 (2) (a). In an application for renewal, the applicant shall identify each employee, other than a nurse licensed under ch. 441, physician assistant, physical therapist licensed under subch. III of ch. 448, or athletic trainer licensed under subch. VI of ch. 448, to whom clinical work is delegated. If the examining board has promulgated rules requiring such an employee to complete a training program or course of instruction to perform the delegated work, the applicant shall also provide the name, date, and sponsoring organization for the training program or course of instruction that the employee completed. Except as provided in sub. (1) (b), the examining board may not renew a license unless the applicant for renewal identifies on a form provided by the department the continuing education courses approved under s. 446.025 (2) that the applicant has completed to satisfy the minimum number of hours required under s. 446.025 (1).

AB356, s. 110 Section 110. 446.02 (6m) of the statutes is created to read:

AB356,34,2 446.02 (6m) (a) Except as provided in par. (b), a chiropractor who is granted a license under this chapter on or before January 1, 2003, may provide counsel, guidance, direction, advice, or recommendations to a patient regarding the health benefits of vitamins, herbs, or nutritional supplements only if the chiropractor has completed 48 hours in a postgraduate course of study in nutrition that is approved by the examining board.

AB356,34,4 (b) Paragraph (a) does not apply to a chiropractor licensed under this chapter who is certified as a dietitian under subch. V of ch. 448.

AB356, s. 111 Section 111. 446.02 (7) (b) of the statutes is renumbered 446.02 (7) (b) 1. and amended to read:

AB356,34,12 446.02 (7) (b) 1. A Except as provided in subd. 2., a chiropractor may not delegate to a person who is not licensed under this chapter the making of a diagnosis, the performance of a chiropractic adjustment, the analysis of a diagnostic test or clinical information or any practice or service that the examining board, by rule, prohibits a chiropractor from delegating to a person who is not licensed under this chapter.

AB356, s. 112 Section 112. 446.02 (7) (b) 2. of the statutes is created to read:

AB356,34,21 446.02 (7) (b) 2. A chiropractor may delegate to a physician assistant the making of a diagnosis, the analysis of a diagnostic test or clinical information, or any practice or service specified by the examining board by rule, except that a chiropractor may not delegate to a physician assistant the performance of a chiropractic adjustment and except that a chiropractor may not delegate to a physician assistant any practice or service that exceeds the scope of practice of the chiropractor or that exceeds the education, training, or experience of the physician assistant.

AB356, s. 113 Section 113. 446.02 (7s) of the statutes is created to read:

AB356,35,7 446.02 (7s) (a) A chiropractor shall evaluate each patient to determine whether the patient has a condition that is treatable by chiropractic means. An evaluation shall be based on an examination that is appropriate to the patient. In conducting an evaluation, a chiropractor shall utilize chiropractic science, as defined by rule by the examining board, and the principles of education and training of the chiropractic profession. A chiropractor shall discontinue treatment by chiropractic means if, at any time, the chiropractor determines, or reasonably should have determined, that the patient's condition will not respond to further treatment by chiropractic means, except that a chiropractor may provide supportive care to a patient being treated by another health care professional.

AB356,35,13 (b) If a chiropractor determines, or reasonably should have determined, at any time, that a patient has a condition that is not treatable by chiropractic means, or will not respond to further treatment by chiropractic means, the chiropractor shall inform the patient and refer the patient to a physician licensed under subch. II of ch. 448. In making a referral under this paragraph, a chiropractor shall do one of the following:

AB356,35,16 1. Make a written referral to the physician that describes the chiropractor's findings, provide a copy of the written referral to the patient, and maintain a copy of the written referral in the patient record under sub. (7m) (a).

AB356,35,21 2. Make an oral referral to the physician or the physician's staff that describes the chiropractor's findings, notify the patient about the referral, make a written record of the referral, including the name of the physician or staff member and date of the referral, and maintain the written record in the patient record under sub. (7m) (a).

AB356, s. 114 Section 114. 446.02 (9) (a) of the statutes is amended to read:

AB356,36,6 446.02 (9) (a) A student or graduate of a college or university of chiropractic who practices chiropractic, in a program for the clinical training of students and graduates that is reviewed and approved by the examining board, under the supervision of a chiropractor who is approved by the examining board to supervise the clinical training of the student or graduate and who is licensed under this chapter and is responsible for the student's or graduate's practice in an infirmary, clinic, hospital or private chiropractic office that is connected or associated for training purposes with a college or university of chiropractic approved by the examining board.

AB356, s. 115 Section 115. 446.025 of the statutes is created to read:

AB356,36,14 446.025 Continuing education. (1) The examining board shall specify the minimum number of hours of continuing education courses that, except as provided in s. 446.02 (1) (b), an applicant for renewal of a license under this chapter is required to complete during a 2-year licensure period. Only courses approved by the examining board under sub. (2) may be used to satisfy the hours required. The examining board shall periodically publish updated lists of the courses that are approved under sub. (2).

AB356,36,16 (2) (a) The examining board may not approve a continuing education course unless the organization that sponsors the course satisfies all of the following:

AB356,36,21 1. The organization is the Wisconsin, American, or International Chiropractic Association or its successor, a college or university of chiropractic approved by the examining board, or a college or university of medicine or osteopathy accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education.

AB356,37,2 2. The organization selects the instructor for the course. If the instructor is a member of the undergraduate or postgraduate faculty of a college or university of chiropractic, the organization shall provide a written statement to the examining board verifying that the instructor has been appointed by the college or university in accordance with the accreditation standards of the Council on Chiropractic Education or its successor.

AB356,37,6 3. The organization establishes the objectives of the course, prepares course materials, evaluates the subject matter prepared by the instructor, conducts a post-course evaluation, maintains course transcripts, and performs financial administration necessary for the course.

AB356,37,8 4. The organization proctors course attendance through the instructor or an officer, director, or employee of the organization.

AB356,37,9 5. The organization provides attendance vouchers to course attendees.

AB356,37,11 6. The organization supplies a list of course attendees to the examining board in a manner prescribed by the examining board.

AB356,37,15 (b) Notwithstanding par. (a), the examining board may approve a continuing education course sponsored by an organization that does not satisfy a requirement under par. (a) 2. to 5. if the organization delegates satisfaction of the requirement to another organization and the other organization satisfies the requirement.

AB356,37,23 (3) If an organization that sponsors a course approved under sub. (2) fails to satisfy any requirement under sub. (2) (a) 2. to 5., the examining board shall, for a period of 2 years, withdraw or withhold approval of all continuing education courses sponsored by the organization. If an organization to whom satisfaction of any requirement under sub. (2) (a) 2. to 5. is delegated under sub. (2) (b) fails to satisfy the requirement, the examining board shall, for a period of 2 years, withdraw or withhold approval of all continuing education courses sponsored by the organization that made the delegation.

AB356,38,2 (4) During each 2-year licensure period, the department shall audit a percentage, as determined by the department, of the applications for renewal of a license under this chapter to verify that an applicant has completed the continuing education courses identified by the applicant under s. 446.02 (4).

AB356, s. 116 Section 116. 446.03 (intro.) of the statutes is amended to read:

AB356,38,7 446.03 Reprimand; license revocation, limitation or suspension. (intro.) The Subject to ss. 446.04 (11) (d) and 446.05 (3), the examining board, by order, may reprimand a licensee or registrant and may deny, limit, suspend or revoke any license or certificate of registration if the licensee or registrant:

AB356, s. 117 Section 117. 446.03 (8) of the statutes is created to read:

AB356,38,10 446.03 (8) Has violated this chapter or any rule promulgated under this chapter.

AB356, s. 118 Section 118. 446.035 of the statutes is created to read:

AB356,38,14 446.035 Peer review. (1) Appointment of peer review panel. (a) The examining board shall appoint a peer review panel of no fewer than 6 nor more than 12 members, pursuant to par. (b).

AB356,38,19 (b) A peer review panel may be selected from a list of nominees that is submitted every 24 months by the Wisconsin Chiropractic Association. If the Wisconsin Chiropractic Association fails to submit a list of nominees, the examining board may solicit nominations for the peer review panel pursuant to a process developed by the department.

AB356,38,20 (c) A nominee under par. (b) shall meet all of the following requirements:

AB356,38,21 1. Possess a valid license to practice chiropractic in this state.

AB356,39,2 2. Have no less than 10 years in practice for a minimum of 20 hours per week within the preceding 2 years of his or her nomination for the peer review panel or, if the nominee is not in active practice at the time of his or her nomination due to a disability, have at least 5 years of practice for a minimum of 20 hours per week prior to the onset of his or her disability.