Amendment ASA1-AB75

AB75-ASA1,1534,12 446.02 (2) (a) 1. The Except as provided in subd. 2., the examining board shall grant a license to engage in the practice of chiropractic to a qualified person who submits an application for the license to the department on a form provided by the department, accompanied by satisfactory evidence of completion of the educational requirements established in the rules promulgated under par. (b), passes the examination examinations described under sub. (3) and pays the license fee specified in s. 440.05 (1).

AB75-ASA1, s. 2995if Section 2995if. 446.02 (2) (a) 2. of the statutes is created to read:

AB75-ASA1,1534,19 446.02 (2) (a) 2. The examining board may not issue a license under this subsection to an applicant who has defaulted on any loan obtained by the applicant to finance the applicant's education. The examining board shall promulgate rules to implement this subdivision, including standards for satisfactory documentary evidence to be submitted by the applicant to verify compliance with the requirements under this subdivision.

AB75-ASA1, s. 2995ifm Section 2995ifm. 446.02 (2) (b) 4. of the statutes is created to read:

AB75-ASA1,1534,22 446.02 (2) (b) 4. Has successfully completed the examinations required under sub. (3).

AB75-ASA1, s. 2995ig Section 2995ig. 446.02 (3) (intro.) of the statutes is created to read:

AB75-ASA1,1534,25 446.02 (3) (intro.) The examining board shall require each applicant for licensure to successfully complete the following examinations:

AB75-ASA1, s. 2995igm Section 2995igm. 446.02 (3) of the statutes is renumbered 446.02 (3) (a) and amended to read:

AB75-ASA1,1535,11 446.02 (3) (a) Examination An examination administered by the examining board. The examination shall be in the subjects usually taught in such reputable schools of chiropractic, and shall be conducted at least twice a year at such times and places as the examining board determines. The examination shall include a practical examination of the applicant as prescribed by the examining board. In lieu of its own written examination, the examining board may accept, in whole or in part,the certificate of The examining board shall charge an examination fee to each applicant for licensure under sub. (2) to cover the cost of developing and administering the examination required under this paragraph.

AB75-ASA1,1535,12 (b) Any examination required by the national board of chiropractic examiners.

AB75-ASA1, s. 2295ih Section 2295ih. 446.02 (4) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1535,17 446.02 (4) The renewal date and renewal fee for all licenses granted by the examining board is are specified under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).

AB75-ASA1, s. 2995ihm Section 2995ihm. 446.02 (5) of the statutes is renumbered 446.02 (5) (a).

AB75-ASA1, s. 2995ii Section 2995ii. 446.02 (5) (b) of the statutes is created to read:

AB75-ASA1,1535,22 446.02 (5) (b) The examining board shall assign a unique approval number to each continuing education program approved by the examining board under s. 446.028.

AB75-ASA1, s. 2995iim Section 2995iim. 446.02 (7) (a) of the statutes is amended to read:

AB75-ASA1,1536,3 446.02 (7) (a) Except as provided in par. pars. (b) and (d), a chiropractor who is licensed under this chapter may delegate to a person who is not licensed under this chapter the performance of services that are adjunctive to the practice of chiropractic services if the services are performed under the direct, on-premises supervision of the chiropractor.

AB75-ASA1, s. 2995ij Section 2995ij. 446.02 (7) (d) of the statutes is created to read:

AB75-ASA1,1536,7 446.02 (7) (d) 1. Beginning on the effective date of this subdivision .... [LRB inserts date], a chiropractor may delegate X-ray services only to a chiropractic radiological technologist.

AB75-ASA1,1536,9 2. Beginning on the effective date of this subdivision .... [LRB inserts date], a chiropractor may delegate adjunctive services only to a chiropractic technologist.

AB75-ASA1, s. 2995ijm Section 2995ijm. 446.02 (7d) of the statutes is created to read:

AB75-ASA1,1536,16 446.02 (7d) (a) A chiropractor shall evaluate each patient before commencing treatment of the patient to determine whether the patient has a condition that is treatable by the practice of chiropractic. The evaluation shall be based upon an examination that is appropriate to the patient. To conduct the evaluation, the chiropractor shall utilize chiropractic science, as defined by the examining board by rule, and the principles of education and training of the chiropractic profession.

AB75-ASA1,1536,23 (b) A chiropractor shall discontinue the practice of chiropractic on a patient if, at any time after the evaluation under par. (a) or during or following treatment of the patient, the chiropractor determines or reasonably believes that the patient's condition is not treatable by the practice of chiropractic, or will not respond to further practice of chiropractic by the chiropractor, except that a chiropractor may provide maintenance, supportive, and wellness care to the patient if the patient is being treated by another health care professional.

AB75-ASA1,1537,11 (c) A chiropractor who discontinues the practice of chiropractic as required in par. (b) shall inform the patient of the reason for discontinuing the practice of chiropractic and shall refer the patient to a physician licensed under subch. II of ch. 448. A chiropractor may continue to provide maintenance, supportive, and wellness care to a patient referred under this paragraph who requests these services from the chiropractor. A referral under this paragraph shall describe the chiropractor's findings. If the referral is written, the chiropractor shall provide the patient with a copy and shall maintain a copy in the patient's records. If the referral is oral, the chiropractor shall communicate the referral directly to the physician, shall notify the patient about the referral, and shall make a written record of the oral referral. The written record of the oral referral shall include the name of the physician to whom the patient was referred and the date of the referral. The chiropractor shall maintain a copy of the written record of the oral referral in the patient's records.

AB75-ASA1, s. 2995ik Section 2995ik. 446.02 (9) (d) of the statutes is amended to read:

AB75-ASA1,1537,14 446.02 (9) (d) A person who performs services that are adjunctive to the practice of chiropractic and services that are delegated to the person under sub. (7).

AB75-ASA1, s. 2995ikm Section 2995ikm. 446.02 (10) of the statutes is created to read:

AB75-ASA1,1537,19 446.02 (10) (a) A chiropractor may waive all or a portion of an insured patient's copayments, coinsurance, or deductibles due to a chiropractor who engages in the practice of chiropractic on behalf of the insured patient if all of the following are satisfied:

AB75-ASA1,1537,21 1. The chiropractor receives from and maintains written documentation of the patient's financial hardship, as defined by the examining board by rule.

AB75-ASA1,1538,2 2. The chiropractor accurately reports to the patient's insurer the actual fee charged, if any, to the patient. If the chiropractor waives all or a portion of the patient's copayments, coinsurance, or deductibles due to the chiropractor, the chiropractor may not seek payment from the insurer for any portion of the copayment, coinsurance, or deductible waived by the chiropractor. In this subdivision and in par. (b), "insurer" has the meaning given in s. 600.03 (27).

AB75-ASA1,1538,6 (b) A chiropractor who violates par. (a) shall refund the insurer for all payments received from the insurer that are related to the day on which a patient's payment was waived or reduced and for the course of treatment for which the patient's payment was waived or reduced.

AB75-ASA1, s. 2995iL Section 2995iL. 446.025 of the statutes is created to read:

AB75-ASA1,1538,12 446.025 Regulation of chiropractic radiological technicians. (1) (a) No person may provide X-ray services on behalf of a chiropractor in connection with the practice of chiropractic unless the person is a chiropractic radiological technician and is under the direct, on-premises supervision of a chiropractor licensed under this chapter.

AB75-ASA1,1538,19 (b) No person may designate himself or herself as a "chiropractic radiological technician" or "chiropractor radiological technician," use or assume the title "chiropractic radiological technician" or "chiropractor radiological technician" or any title that includes "chiropractic radiological technician"or "chiropractor radiological technician," append to the person's name the letters "C.R.T.," or use any other title or designation that represents or implies that he or she is a chiropractic radiological technician unless the person is certified by the examining board under this section.

AB75-ASA1,1538,21 (2) (a) The examining board shall certify as a chiropractic radiological technician an individual who does all of the following:

AB75-ASA1,1538,23 1. Submits an application to the department on a form provided by the department.

AB75-ASA1,1538,24 2. Pays the fee specified in s. 440.05 (1).

AB75-ASA1,1539,2 3. Submits evidence satisfactory to the examining board that the individual has completed a course of study approved by the examining board.

AB75-ASA1,1539,5 4. Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the examining board that the individual does not have an arrest or conviction record.

AB75-ASA1,1539,7 5. Completes any other requirements established by the examining board by rule.

AB75-ASA1,1539,9 (b) The department shall assign a unique certificate number to each individual certified under this section.

AB75-ASA1,1539,11 (3) (a) The renewal date and fees for a certificate issued under this section are specified in s. 440.08 (2) (a).

AB75-ASA1,1539,15 (b) A chiropractic radiological technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 12 continuing educational credit hours in programs established by rules promulgated by the examining board.

AB75-ASA1, s. 2995iLm Section 2995iLm. 446.026 of the statutes is created to read:

AB75-ASA1,1539,20 446.026 Regulation of chiropractic technicians. (1) (a) No person may provide adjunctive services unless the person is a chiropractic technician and is under the direct, on-premises supervision of a chiropractor licensed under this chapter.

AB75-ASA1,1540,2 (b) Except as provided in s. 446.025 (1) (b), no person may designate himself or herself as a "chiropractic technician" or "chiropractor technician," use or assume the title "chiropractic technician" or "chiropractor technician" or any title that includes "chiropractic technician" or "chiropractor technician," append to the person's name the letters "C.T.," or use any other title or designation that represents or implies that he or she is a chiropractic technician unless the person is certified by the examining board under this section.

AB75-ASA1,1540,4 (2) (a) The examining board shall certify as a chiropractic technician an individual who does all of the following:

AB75-ASA1,1540,6 1. Submits an application to the department on a form provided by the department.

AB75-ASA1,1540,7 2. Pays the fee specified in s. 440.05 (1).

AB75-ASA1,1540,9 3. Submits evidence satisfactory to the examining board that the individual has completed a course of study approved by the examining board.

AB75-ASA1,1540,12 4. Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the examining board that the individual does not have an arrest or conviction record.

AB75-ASA1,1540,14 5. Completes any other requirements established by the examining board by rule.

AB75-ASA1,1540,16 (b) The department shall assign a unique certificate number to each individual certified under this section.

AB75-ASA1,1540,18 (3) (a) The renewal date and fees for a certificate issued under this section are specified in s. 440.08 (2) (a).

AB75-ASA1,1540,22 (b) A chiropractic technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 6 continuing educational credit hours in programs established by rules promulgated by the examining board.

AB75-ASA1, s. 2995im Section 2995im. 446.028 of the statutes is created to read:

AB75-ASA1,1541,8 446.028 Continuing education approval; program sponsors. Each program sponsor of a continuing education program required to be completed by a chiropractor as a condition of license renewal shall submit the program to the examining board for approval. In this section, "program sponsor" means the Wisconsin Chiropractic Association, the International Chiropractors Association, a college of chiropractic approved by the examining board, and a college of medicine or osteopathy accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education. "Program sponsor" does not include an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide instruction in the use of an automated external defibrillator.

AB75-ASA1, s. 2995imm Section 2995imm. 446.03 of the statutes is amended to read:

AB75-ASA1,1541,14 446.03 Reprimand; license revocation, limitation, or suspension of a license or certificate. The examining board, by order, may reprimand a licensee, certificate holder, or registrant and may deny, limit, suspend or revoke any license, certificate, or certificate of registration if the licensee, certificate holder, or registrant does any of the following:

AB75-ASA1,1541,16 (1) Obtained Obtains the license, certificate, or certificate of registration through error or fraud;.

AB75-ASA1,1541,17 (2) Is addicted to alcohol or other drugs; .

AB75-ASA1,1541,22 (3) Is hereafter convicted in a court of competent jurisdiction, either within or without this state, or in federal court, of any violation of any law governing the practice of chiropractic or of any felony, subject to ss. 111.321, 111.322 and 111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction;.

AB75-ASA1,1541,24 (4) Has obtained or sought to obtain anything of value by fraudulent representation in the practice of chiropractic;.

AB75-ASA1,1541,25 (5) Is guilty of unprofessional conduct; .

AB75-ASA1,1542,2 (6) Has continued practice, knowingly having an infectious or contagious disease; or.

AB75-ASA1,1542,5 (7) If the applicant or registrant maintains Maintains a professional connection or association with any other person continuing to violate this chapter after 10 days' notice in writing by the department.

AB75-ASA1, s. 2995in Section 2995in. 446.04 (intro.), (1), (2), (4) and (5) (intro.) and (a) of the statutes are amended to read:

AB75-ASA1,1542,9 446.04 Unprofessional conduct. (intro.) Unprofessional conduct includes, without limitation because of enumeration, all of the following:

AB75-ASA1,1542,10 (1) Any conduct of a character likely to deceive or defraud the public;.

AB75-ASA1,1542,11 (2) Loaning of a chiropractic license or certificate to anyone;.

AB75-ASA1,1542,13 (4) Splitting or dividing any fee for chiropractic service with any person except an associate licensed chiropractor;.

AB75-ASA1,1542,15 (5) (intro.) Use of unprofessional advertising which shall include includes, without limitation because of enumeration, all of the following:

AB75-ASA1,1542,17 (a) Any advertising statement of a character tending to deceive or mislead the public;.

AB75-ASA1, s. 2995inm Section 2995inm. 446.04 (6) of the statutes is created to read:

AB75-ASA1,1542,24 446.04 (6) Sexual behavior, including noncontact sexual behavior, with or in the presence of a patient, including sexual contact under s. 939.22 (34), indecent exposure of genitals or pubic area, sexual gratification, sexually offensive communication, or dating a patient under treatment. The examining board shall establish by rule definitions for contact sexual behavior and noncontact sexual behavior.

AB75-ASA1, s. 2995io Section 2995io. 446.05 (1m) of the statutes is created to read:

AB75-ASA1,1543,5 446.05 (1m) (a) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic radiological technician who, it has reason to believe, violated s. 446.025 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

AB75-ASA1,1543,10 (b) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic technician who, it has reason to believe, violated s. 446.026 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

AB75-ASA1, s. 2995iom Section 2995iom. 446.05 (2) of the statutes is amended to read:

AB75-ASA1,1543,16 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license, certificate, or registration suspended or revoked by it. This subsection does not apply to a license, certificate, or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12 or 446.07 (2) (a) 2. or (b) 3.

AB75-ASA1, s. 2995ip Section 2995ip. 446.07 (title) of the statutes is repealed and recreated to read:

AB75-ASA1,1543,18 446.07 (title) Penalties.

AB75-ASA1, s. 2995ipm Section 2995ipm. 446.07 of the statutes is renumbered 446.07 (1).

AB75-ASA1, s. 2995ir Section 2995ir. 446.07 (2) of the statutes is created to read:

AB75-ASA1,1543,24 446.07 (2) (a) Any licensee or holder of a certificate issued under this chapter who is investigated under s. 446.05 (1) and found guilty of contact sexual behavior, as defined by the examining board under s. 446.04 (6) and prohibited under ss. 446.03 (5) and 446.04 (6), shall be subject to the following penalties:

AB75-ASA1,1544,5 1. For the first violation, the examining board shall suspend the individual's license or certificate for a period of 12 months. A chiropractor whose license is suspended under this subdivision shall be prohibited from entering onto the premises of his or her practice and may not hire any person to oversee the chiropractor's practice during the chiropractor's suspension.

AB75-ASA1,1544,7 2. For the 2nd violation, the examining board shall permanently revoke the individual's license or certificate.

AB75-ASA1,1544,11 (b) Any licensee or holder of a certificate issued under this chapter who is investigated under s. 446.05 (1) and found guilty of noncontact sexual behavior, as defined by the examining board under s. 446.04 (6) and prohibited under ss. 446.03 (5) and 446.04 (6), shall be subject to the following penalties:

AB75-ASA1,1544,15 1. For the first violation, the examining board shall suspend the individual's license or certificate for a period of 3 months. The examining board shall require the individual to complete continuing education on the topic of effective and appropriate interaction between chiropractors and their patients.