AB64: Bill Text

AB64,2012 Section 2012. 448.655 (1) (b) 3. a. of the statutes is amended to read:

AB64,849,7 448.655 (1) (b) 3. a. At least the minimum amount of malpractice liability insurance coverage that is required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located.

AB64,2013 Section 2013. 448.655 (1) (b) 3. b. of the statutes is amended to read:

AB64,849,14 448.655 (1) (b) 3. b. If the podiatrist is not required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, at least the minimum amount of malpractice liability insurance coverage that the affiliated credentialing board determines is necessary to protect the public.

AB64,2014 Section 2014. 448.655 (2) (intro.) of the statutes is amended to read:

AB64,849,18 448.655 (2) (intro.) For purposes of sub. (1), a podiatrist's principal place of practice is not in this state if the affiliated credentialing board determines that, during the following 12 months, any of the following applies:

AB64,2015 Section 2015. 448.655 (3) of the statutes is amended to read:

AB64,849,22 448.655 (3) The affiliated credentialing board may suspend, revoke, or refuse to issue or renew the license of a podiatrist who fails to procure or to submit proof of the malpractice liability insurance coverage required under sub. (1).

AB64,2016 Section 2016. 448.665 of the statutes is amended to read:

AB64,850,9 448.665 Continuing education. The affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter. The rules shall require a licensee to complete at least 30 hours of continuing education programs or courses of study within each 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a). The affiliated credentialing board may waive all or part of these requirements for the completion of continuing education programs or courses of study if the affiliated credentialing board determines that prolonged illness, disability or other exceptional circumstances have prevented a licensee from completing the requirements.

AB64,2017 Section 2017. 448.675 (1) (a) of the statutes is amended to read:

AB64,850,22 448.675 (1) (a) The affiliated credentialing board shall investigate allegations of unprofessional conduct and negligence in treatment by a licensee. Information contained in reports filed with the affiliated credentialing board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall be investigated by the affiliated credentialing board. Information contained in a report filed with the affiliated credentialing board under s. 50.36 (3) (c) may, within the discretion of the affiliated credentialing board, be used as the basis of an investigation of a person named in the report. The affiliated credentialing board may require a licensee to undergo and may consider the results of a physical, mental, or professional competency examination if the affiliated credentialing board believes that the results of the examination may be useful to the affiliated credentialing board in conducting its investigation.

AB64,2018 Section 2018. 448.675 (1) (b) of the statutes is amended to read:

AB64,851,12 448.675 (1) (b) After an investigation, if the affiliated credentialing board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the affiliated credentialing board shall hold a hearing on such conduct. The affiliated credentialing board may require a licensee to undergo and may consider the results of a physical, mental, or professional competency examination if the affiliated credentialing board believes that the results of the examination may be useful to the affiliated credentialing board in conducting its hearing. A finding by a court that a podiatrist has acted negligently in treating a patient is conclusive evidence that the podiatrist is guilty of negligence in treatment. A certified copy of the order of a court is presumptive evidence that the finding of negligence in treatment was made. The affiliated credentialing board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under s. 227.46 (2), within 90 days after the date on which those proceedings are completed.

AB64,2019 Section 2019. 448.675 (1) (c) of the statutes is amended to read:

AB64,851,25 448.675 (1) (c) After a disciplinary hearing, the affiliated credentialing board may, when it determines that 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, or limit, suspend, or revoke a license granted by the affiliated credentialing board under this subchapter to that person. The affiliated credentialing board may condition the removal of limitations on a license, or the restoration of a suspended or revoked license, upon obtaining minimum results specified by the affiliated credentialing board on a physical, mental, or professional competency examination if the affiliated credentialing 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.

AB64,2020 Section 2020. 448.675 (1) (cg) of the statutes is created to read:

AB64,852,6 448.675 (1) (cg) The affiliated credentialing board may, in addition to or in lieu of any disciplinary action under par. (c), assess a forfeiture of not more than $1,000 for each separate offense against a person who is guilty of unprofessional conduct or negligence in treatment if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2021 Section 2021. 448.675 (1) (d) 2. of the statutes is amended to read:

AB64,852,9 448.675 (1) (d) 2. Appear before the affiliated credentialing board or its officers or agents at such times and places designated by the affiliated credentialing board.

AB64,2022 Section 2022. 448.675 (1) (d) 3. of the statutes is amended to read:

AB64,852,12 448.675 (1) (d) 3. Fully disclose to the affiliated credentialing board or its officers or agents the nature of the person's practice and conduct.

AB64,2023 Section 2023. 448.675 (1) (d) 4. of the statutes is amended to read:

AB64,852,15 448.675 (1) (d) 4. Fully comply with the limits placed on his or her practice and conduct by the affiliated credentialing board.

AB64,2024 Section 2024. 448.675 (1) (d) 5. of the statutes is amended to read:

AB64,852,18 448.675 (1) (d) 5. Obtain additional training, education, or supervision required by the affiliated credentialing board.

AB64,2025 Section 2025. 448.675 (1) (d) 6. of the statutes is amended to read:

AB64,852,20 448.675 (1) (d) 6. Cooperate with the affiliated credentialing board.

AB64,2026 Section 2026. 448.675 (1) (e) of the statutes is amended to read:

AB64,853,2 448.675 (1) (e) Unless a suspended license is revoked during the period of suspension, upon expiration of the period of suspension the affiliated credentialing board shall reinstate the person's license, except that the affiliated credentialing board may, as a condition precedent to the reinstatement of the license, require the person to pass the examinations required for the original grant of the license.

AB64,2027 Section 2027. 448.675 (1) (f) of the statutes is amended to read:

AB64,853,6 448.675 (1) (f) The affiliated credentialing board shall comply with rules of procedure for the investigation, hearing, and action promulgated by the department under s. 440.03 (1).

AB64,2028 Section 2028. 448.675 (1) (g) of the statutes is amended to read:

AB64,853,11 448.675 (1) (g) Nothing in this subsection prohibits the affiliated credentialing board, in its discretion, from investigating and conducting disciplinary proceedings on allegations of unprofessional conduct by a licensee when the allegations of unprofessional conduct may also constitute allegations of negligence in treatment.

AB64,2029 Section 2029. 448.675 (2) of the statutes is amended to read:

AB64,854,4 448.675 (2) Suspension pending hearing. The affiliated credentialing board may summarily suspend a license granted by the affiliated credentialing board under this subchapter for a period not to exceed 30 days pending hearing if the affiliated credentialing board has in its possession evidence establishing probable cause to believe that the licensee has violated the provisions of this subchapter and that it is necessary to suspend the license immediately to protect the public health, safety, or welfare. The licensee shall be granted an opportunity to be heard during the determination of whether or not probable cause exists. The affiliated credentialing board may designate any of its officers to exercise the authority granted by this subsection to suspend summarily a license, for a period not exceeding 72 hours. If a license has been summarily suspended by the affiliated credentialing board or any of its officers, the affiliated credentialing board may, while the hearing is in progress, extend the initial period of suspension for not more than an additional 30 days. If the licensee has caused a delay in the hearing process, the affiliated credentialing board may subsequently suspend the license from the time the hearing is commenced until a final decision is issued or may delegate such authority to the hearing examiner.

AB64,2030 Section 2030. 448.675 (3) of the statutes is amended to read:

AB64,854,11 448.675 (3) Voluntary surrender. A licensee may voluntarily surrender his or her license to the secretary of the affiliated credentialing board, but the secretary board may refuse to accept the surrender if the affiliated credentialing board has received an allegation of unprofessional conduct against the licensee. The affiliated credentialing board may negotiate stipulations in consideration for accepting the surrender of a license.

AB64,2031 Section 2031. 448.675 (4) of the statutes is amended to read:

AB64,854,16 448.675 (4) Restoration of license, certificate or limited permit. The affiliated credentialing board may restore a license which that has been voluntarily surrendered or revoked under this subchapter on such terms and conditions as it considers appropriate.

AB64,2032 Section 2032. 448.68 (1) of the statutes is amended to read:

AB64,854,24 448.68 (1) Within 30 days after receipt of a report under s. 50.36 (3) (c), the affiliated credentialing board shall notify the licensee, in writing, of the substance of the report. The licensee and the licensee's authorized representative may examine the report and may place into the record a statement, of reasonable length, of the licensee's view of the correctness or relevance of any information in the report. The licensee may institute an action in circuit court to amend or expunge any part of the licensee's record related to the report.

AB64,2033 Section 2033. 448.68 (2) of the statutes is amended to read:

AB64,855,7 448.68 (2) If the affiliated credentialing board determines that a report submitted under s. 50.36 (3) (c) is without merit or that the licensee has sufficiently improved his or her conduct, the affiliated credentialing board shall remove the report from the licensee's record. If no report about a licensee is filed under s. 50.36 (3) (c) for 2 consecutive years, the licensee may petition the affiliated credentialing board to remove any prior reports, which did not result in disciplinary action, from his or her record.

AB64,2034 Section 2034. 448.68 (3) of the statutes is amended to read:

AB64,855,13 448.68 (3) Upon the request of a hospital, the affiliated credentialing board shall provide the hospital with all information relating to a licensee's loss, reduction or suspension of staff privileges from other hospitals and all information relating to the licensee's being found guilty of unprofessional conduct. In this subsection, “hospital" has the meaning specified under s. 50.33 (2).

AB64,2035 Section 2035. 448.685 of the statutes is amended to read:

AB64,855,20 448.685 Injunctive relief. If the affiliated credentialing board has reason to believe that a person is violating this subchapter or a rule promulgated under this subchapter, the affiliated credentialing board, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB64,2036 Section 2036. 448.69 (2) of the statutes is amended to read:

AB64,856,2 448.69 (2) Appeal. A person aggrieved by an action taken under this subchapter by the affiliated credentialing board , or its officers or its agents may apply for judicial review as provided in ch. 227, and shall file notice of such appeal with the secretary of the affiliated credentialing board within 30 days. No court of this state may enter an ex parte stay of an action taken by the affiliated credentialing board under this subchapter.

AB64,2037 Section 2037. 448.695 (1) (intro.) of the statutes is amended to read:

AB64,856,5 448.695 (1) (intro.) The affiliated credentialing board shall promulgate all of the following rules:

AB64,2038 Section 2038. 448.695 (2) of the statutes is amended to read:

AB64,856,8 448.695 (2) The affiliated credentialing board may promulgate rules to carry out the purposes of this subchapter.

AB64,2039 Section 2039. 448.695 (3) of the statutes is amended to read:

AB64,856,16 448.695 (3) The affiliated credentialing board shall promulgate rules specifying the requirements for a course of instruction related to X-ray examinations by persons under the direct supervision of a podiatrist under s. 462.02 (2) (f). In promulgating the rules, the affiliated credentialing board shall consult with the radiography examining board and shall examine laws and rules in other states. The affiliated credentialing board shall approve courses that meet the requirements set forth in the rules.

AB64,2040 Section 2040. 448.87 (3) of the statutes is created to read:

AB64,856,22 448.87 (3) The affiliated credentialing board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2041 Section 2041. Subchapter VI (title) of chapter 448 [precedes 448.95] of the statutes is renumbered subchapter III (title) of chapter 464 [precedes 464.40] and amended to read:

AB64,857,1 Chapter 464

AB64,857,2 Subchapter III

AB64,857,4 ATHLETIC TRAINERS AFFILIATED CREDENTIALING BOARD

AB64,2042 Section 2042. 448.95 (intro.) of the statutes is renumbered 464.40 (intro.).

AB64,2043 Section 2043. 448.95 (1) of the statutes is repealed.

AB64,2044 Section 2044. 448.95 (4) of the statutes is renumbered 464.40 (1).

AB64,2045 Section 2045. 448.95 (5) of the statutes is renumbered 464.40 (2), and 464.40 (2) (a), as renumbered, is amended to read:

AB64,857,11 464.40 (2) (a) Preventing, recognizing, and evaluating injuries or illnesses sustained while participating in physical activity.

AB64,2046 Section 2046. 448.95 (5m) of the statutes is renumbered 464.40 (3) and amended to read:

AB64,857,16 464.40 (3) “Consulting physician" means a person licensed as a physician under subch. II of ch. 448 who consults with an athletic trainer while the athletic trainer is engaging in athletic training.

AB64,2047 Section 2047. 448.95 (6) of the statutes is renumbered 464.40 (5).

AB64,2048 Section 2048. 448.95 (7) of the statutes is renumbered 464.40 (6).

AB64,2049 Section 2049. 448.951 (title) of the statutes is repealed.

AB64,2050 Section 2050. 448.951 of the statutes is renumbered 464.41 (1) and amended to read:

AB64,858,2 464.41 (1) Except as provided in s. 448.952 sub. (2), no person may designate himself or herself as an athletic trainer or use or assume the title “athletic trainer", “licensed athletic trainer", “certified athletic trainer ," or “registered athletic trainer" or append to the person's name any other title, letters, or designation that represents or may tend to represent the person as an athletic trainer unless the person is licensed under this subchapter.

AB64,2051 Section 2051. 448.952 (title) of the statutes is repealed.

AB64,2052 Section 2052. 448.952 of the statutes is renumbered 464.41 (2), and 464.41 (2) (a), as renumbered, is amended to read:

AB64,858,8 464.41 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government, if the person does not represent himself or herself as an athletic trainer.

AB64,2053 Section 2053. 448.9525 of the statutes is renumbered 464.42, and 464.42 (title), (1) (intro.), (c) and (e) and (2), as renumbered, are amended to read:

AB64,858,12 464.42 (title) Duties of affiliated credentialing examining board. (1) (intro.) The affiliated credentialing examining board shall do all of the following:

AB64,858,14 (c) Prescribe a form for the recording of a protocol required under s. 448.956 464.47 (1).

AB64,858,20 (e) Promulgate rules requiring each applicant for a license under this subchapter to submit evidence satisfactory to the affiliated credentialing examining board that the applicant has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB64,858,24 (2) Subject to s. 448.956 464.47 (1), (4) and (5), the affiliated credentialing examining board and the medical examining board shall jointly promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 464.47 (1).

AB64,2054 Section 2054. 448.953 of the statutes is renumbered 464.43, and 464.43 (1) (intro.), (c), (d), (e), (f), (h) and (i), (2) (intro.) and (5) (b) (intro.), as renumbered, are amended to read:

AB64,859,5 464.43 (1) (intro.) The affiliated credentialing examining board shall grant an athletic trainer license to a person who does all of the following:

AB64,859,8 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing examining board that he or she does not have an arrest or conviction record.

AB64,859,11 (d) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing examining board that he or she does not have a history of alcohol or other drug abuse.

AB64,859,14 (e) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has received at least a bachelor's degree from an accredited college or university.

AB64,859,19 (f) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has met the requirements for certification established by the National Athletic Trainers' Association Board of Certification, Inc., or its successor agency, and has passed the certification examination administered by the National Athletic Trainers' Association Board of Certification, Inc., or its successor agency.

AB64,859,20 (h) Passes an examination under s. 448.954 464.44.