AB726: Bill Text

AB726,14,15 15.405 (7c) (am) (intro.) The 4 members appointed under par. (a) 1. shall consist of the following:

AB726,32 Section 32. 15.405 (7c) (am) 4. of the statutes is repealed.

AB726,33 Section 33. 15.405 (7c) (b) of the statutes is repealed.

AB726,34 Section 34. 15.405 (7c) (c) of the statutes is repealed.

AB726,35 Section 35. 15.405 (7c) (d) of the statutes is repealed.

AB726,36 Section 36. 15.405 (7c) (e) of the statutes is repealed.

AB726,37 Section 37. 15.405 (7c) (f) of the statutes is repealed.

AB726,38 Section 38. 15.405 (7e) of the statutes is repealed.

AB726,39 Section 39. 15.405 (7r) (intro.) of the statutes is amended to read:

AB726,15,2 15.405 (7r) Physical Medical therapy examining board. (intro.) There is created in the department of safety and professional services a physical medical therapy examining board consisting of the following members appointed for staggered 4-year terms:

AB726,40 Section 40. 15.405 (7r) (a) of the statutes is amended to read:

AB726,15,5 15.405 (7r) (a) Three physical therapists who are licensed under subch. III I of ch. 448 464.

AB726,41 Section 41. 15.405 (7r) (am) of the statutes is amended to read:

AB726,15,8 15.405 (7r) (am) One physical therapist assistant licensed under subch. III I of ch. 448 464.

AB726,42 Section 42. 15.405 (7r) (ar) of the statutes is created to read:

AB726,15,10 15.405 (7r) (ar) One occupational therapist licensed under subch. II of ch. 464.

AB726,43 Section 43. 15.405 (7r) (at) of the statutes is created to read:

AB726,15,12 15.405 (7r) (at) One athletic trainer licensed under subch. III of ch. 464.

AB726,44 Section 44. 15.405 (7r) (av) of the statutes is created to read:

AB726,15,15 15.405 (7r) (av) One massage therapist or bodywork therapist licensed under subch. IV of ch. 464.

AB726,45 Section 45. 15.406 of the statutes is repealed.

AB726,46 Section 46. 15.407 (2) of the statutes is repealed.

AB726,47 Section 47. 15.407 (2m) of the statutes is repealed.

AB726,48 Section 48. 15.407 (4) of the statutes is created to read:

AB726,15,23 15.407 (4) Medical assistants council. There is created a medical assistants council in the department of safety and professional services and serving the medical examining board in an advisory capacity. The council shall consist of the following members appointed by the medical examining board for 3-year terms:

AB726,15,24 (a) One anesthesiologist assistant licensed under s. 448.04 (1) (g).

AB726,15,25 (b) One anesthesiologist.

AB726,16,1 (c) One licensed perfusionist.

AB726,16,3 (d) One physician who is a cardiothoracic surgeon or a cardiovascular anesthesiologist.

AB726,16,4 (e) One physician assistant.

AB726,16,5 (f) One person who teaches physician assistants.

AB726,16,6 (g) One public member.

AB726,49 Section 49. 15.407 (7) of the statutes is repealed.

AB726,50 Section 50. 15.407 (9) of the statutes is repealed.

AB726,51 Section 51. 15.407 (10) (b) of the statutes is amended to read:

AB726,16,14 15.407 (10) (b) An employee of the department designated by the secretary of safety and professional services shall serve as secretary, but shall not be a member, of the council. The council shall meet at least twice a year. Seven members of the council shall constitute a quorum. For the purpose of conducting business a majority vote of the council is required.

AB726,52 Section 52. 15.407 (11) of the statutes is repealed.

AB726,53 Section 53. 15.407 (13) (b) of the statutes is amended to read:

AB726,16,19 15.407 (13) (b) The council shall meet at least twice a year. An employee of the department designated by the secretary of the department shall serve as nonvoting secretary of the council.

AB726,54 Section 54. 15.407 (16) of the statutes is repealed.

AB726,55 Section 55. 15.407 (18) (c) of the statutes is repealed.

AB726,56 Section 56. 17.07 (3e) of the statutes is created to read:

AB726,17,2 17.07 (3e) Notwithstanding sub. (3), any state officer under sub. (3) who is a member of an examining board, affiliated credentialing board, or other board in or attached to the department of safety and professional services may be removed by the governor for, as determined by the governor, excessive absenteeism, neglect of duties, conviction of a crime, or unprofessional conduct.

AB726,57 Section 57. 17.16 (1) of the statutes is amended to read:

AB726,17,7 17.16 (1) Removals from office at pleasure or under s. 17.07 (3e) shall be made by order, a copy of which shall be filed as provided by sub. (8), except that a copy of the order of removal of a circuit court commissioner shall be filed in the office of the clerk of the circuit court.

AB726,58 Section 58. 20.165 (1) (g) of the statutes is amended to read:

AB726,17,18 20.165 (1) (g) General program operations. The amounts in the schedule for the licensing, rule making, and regulatory functions of the department, other than the licensing, rule-making, and credentialing functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board and except for preparing, administering, and grading examinations. Ninety percent of all moneys received under chs. 440 to 480, except ch. 462 and subchs. II and IV of ch. 448 and ss. 440.03 (13), 440.05 (1) (b), and, less $10 of each renewal fee received under s. 452.12 (5); all moneys transferred from the appropriation under par. (i); and all moneys received under s. 440.055 (2), shall be credited to this appropriation.

AB726,59 Section 59. 20.165 (1) (hg) of the statutes is amended to read:

AB726,18,3 20.165 (1) (hg) General program operations; medical examining board; prescription drug monitoring program. Biennially, the amounts in the schedule for the licensing, rule-making, and regulatory functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board, except for preparing, administering, and grading examinations; and for the pharmacy examining board's operation of the prescription drug monitoring program under s. 450.19. Ninety percent of all moneys received for issuing and renewing credentials under ch. 462 and subchs. II and IV of ch. 448 shall be credited to this appropriation.

AB726,60 Section 60. 46.90 (5m) (br) 5. of the statutes is amended to read:

AB726,18,8 46.90 (5m) (br) 5. Refer the case to the department of safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 480.

AB726,61 Section 61. 48.78 (2) (g) of the statutes is amended to read:

AB726,18,22 48.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or, 457, or 464. Unless authorized by an order of the court, the department of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB726,62 Section 62. 49.45 (8) (a) 3. of the statutes is amended to read:

AB726,18,25 49.45 (8) (a) 3. "Occupational therapist" has the meaning given in s. 448.96 464.20 (4).

AB726,63 Section 63. 49.45 (8) (a) 5. of the statutes is amended to read:

AB726,19,3 49.45 (8) (a) 5. "Physical therapist" has the meaning given in s. 448.50 464.01 (3).

AB726,64 Section 64. 50.01 (2) of the statutes is amended to read:

AB726,19,11 50.01 (2) "Nurse aide" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse aide" does not mean a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 464; or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides.

AB726,65 Section 65. 50.36 (3) (b) of the statutes is amended to read:

AB726,19,20 50.36 (3) (b) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for any reasons that include the quality of or ability to practice, loses his or her hospital staff privileges, has his or her hospital staff privileges reduced, or resigns from the hospital staff, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB726,66 Section 66. 50.36 (3) (c) of the statutes is amended to read:

AB726,20,5 50.36 (3) (c) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for reasons that do not include the quality of or ability to practice, loses his or her hospital staff privileges for 30 days or more, has his or her hospital staff privileges reduced for 30 days or more, or resigns from the hospital staff for 30 days or more, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB726,67 Section 67. 50.39 (3) of the statutes is amended to read:

AB726,20,15 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448, and 464 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical medical therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

AB726,68 Section 68. 50.50 (7m) of the statutes is amended to read:

AB726,20,18 50.50 (7m) "Occupational therapy" has the meaning given in s. 448.96 464.20 (5).

AB726,69 Section 69. 55.043 (4) (b) 5. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB726,21,2 55.043 (4) (b) 5. Refer the case to the department of safety and professional services or the department of agriculture, trade and consumer protection, as appropriate, if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 480 or to hold a license, certification, or permit issued under s. 89.06 or 89.072.

AB726,70 Section 70. 101.625 of the statutes is repealed.

AB726,71 Section 71. 101.64 (3) of the statutes, as affected by 2015 Wisconsin Act 29, is amended to read:

AB726,21,8 101.64 (3) Revise the rules under this subchapter after consultation, as appropriate, with the uniform dwelling code council or with the contractor certification council, as appropriate.

AB726,72 Section 72. 145.02 (4) (a) of the statutes is amended to read:

AB726,21,15 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination, and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers, and for the registration and training of registered learners. The plumbers council, created under s. 15.407 (16), shall advise the department in formulating the rules.

AB726,73 Section 73. 146.37 (1g) of the statutes is amended to read:

AB726,22,6 146.37 (1g) Except as provided in s. 153.76, no person acting in good faith who participates in the review or evaluation of the services of health care providers or facilities or the charges for such services conducted in connection with any program organized and operated to help improve the quality of health care, to avoid improper utilization of the services of health care providers or facilities , or to determine the reasonable charges for such services, or who participates in the obtaining of health care information under subch. I of ch. 153, is liable for any civil damages as a result of any act or omission by such person in the course of such review or evaluation. Acts and omissions to which this subsection applies include, but are not limited to, acts or omissions by peer review committees or hospital governing bodies in censuring, reprimanding, limiting, or revoking hospital staff privileges or notifying the medical examining board or podiatry affiliated credentialing board under s. 50.36 or taking any other disciplinary action against a health care provider or facility and acts or omissions by a medical director in reviewing the performance of emergency medical technicians or ambulance service providers.

AB726,74 Section 74. 146.40 (1) (d) of the statutes is amended to read:

AB726,22,16 146.40 (1) (d) "Nurse aide" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse aide" does not mean a feeding assistant, an individual who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 464, or an individual whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides approved under sub. (3) or (3g) or evaluated by competency evaluation programs for nurse aides approved under sub. (3m).

AB726,75 Section 75. 146.81 (1) (dg) of the statutes is amended to read:

AB726,22,19 146.81 (1) (dg) A physical therapist or physical therapist assistant licensed under subch. III I of ch. 448 464.

AB726,76 Section 76. 146.81 (1) (eq) of the statutes is amended to read:

AB726,22,21 146.81 (1) (eq) An athletic trainer licensed under subch. VI III of ch. 448 464.

AB726,77 Section 77. 146.81 (1) (es) of the statutes is amended to read:

AB726,22,24 146.81 (1) (es) An occupational therapist or occupational therapy assistant licensed under subch. VII II of ch. 448 464.

AB726,78 Section 78. 146.81 (1) (hp) of the statutes is amended to read:

AB726,23,2 146.81 (1) (hp) A massage therapist or bodywork therapist licensed under subch. IV of ch. 460 464.

AB726,79 Section 79. 146.89 (1) (r) 1. of the statutes is amended to read:

AB726,23,8 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III I of ch. 448 464.

AB726,80 Section 80. 146.997 (1) (d) 4. of the statutes is amended to read: