2017 - 2018 LEGISLATURE
February 9, 2018 - Introduced by Representatives Murphy and Sanfelippo.
Referred to Committee on Health.
1An Act to amend
50.36 (3) (a), 448.13 (1) (a) 2., 448.13 (1m) and 448.40 (1); and 2to create
448.085 of the statutes; relating to: prohibiting requirements for
3maintenance of certification by physicians.
Analysis by the Legislative Reference Bureau
Under current law, the Medical Examining Board, which licenses physicians
and certain other health care professionals, may promulgate rules requiring
maintenance of certification in order to renew a license to practice medicine and
surgery (physician license). This bill prohibits the board from promulgating such
rules, and further provides that no physician may be required to secure maintenance
of certification as a prerequisite for reimbursement from a third party or as a
condition for being granted hospital staff privileges. The bill does not affect the
board's authority to require the completion of continuing education, professional
development, or performance improvement or continuing medical education
programs in order to renew a physician license.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
50.36 (3) (a) of the statutes is amended to read:
(a) Any person licensed to practice medicine and surgery under subch. 6
II of ch. 448 or podiatry under subch. IV of ch. 448 shall be afforded an equal
opportunity to obtain hospital staff privileges and may not be denied hospital staff 2
privileges solely for the reason that the person is an osteopathic physician and 3
surgeon or a podiatrist. Each individual hospital shall, subject to s. 448.085 (2), 4
retain the right to determine whether the applicant's training, experience,
demonstrated competence is sufficient to justify the granting of hospital staff 6
privileges or is sufficient to justify the granting of limited hospital staff privileges.
448.085 of the statutes is created to read:
8448.085 Maintenance of certification. (1)
In this section, “maintenance of 9
certification” means a continuous professional development program through which 10
a physician certified by one or more of the medical specialty boards of the American 11
Board of Medical Specialties or American Osteopathic Association maintains 12
No physician may be required to secure maintenance of certification as a 14
prerequisite for reimbursement from a 3rd party or as a condition for being granted 15
hospital staff privileges.
The board may not promulgate a rule requiring maintenance of certification 17
for renewal of a license to practice medicine and surgery.
448.13 (1) (a) 2. of the statutes is amended to read:
(a) 2. Professional development
and maintenance of certification
performance improvement or continuing medical education programs or courses of 21
study required by the board by rule under s. 448.40 (1) and completed within the 2 22
calendar years preceding the calendar year for which the registration is effective.
448.13 (1m) of the statutes is amended to read:
The board shall, on a random basis, verify the accuracy of proof 25
submitted by physicians under sub. (1) (a) and may, at any time during the 2 calendar
years specified in sub. (1) (a), require a physician to submit proof of any continuing 2
professional development, and maintenance of certification
performance improvement or continuing medical education programs or courses of 4
study that he or she has attended and completed at that time during the 2 calendar 5
448.40 (1) of the statutes is amended to read:
448.40 (1) The Subject to s. 448.085 (3), the
board may promulgate rules to 8
carry out the purposes of this subchapter, including rules requiring the completion 9
of continuing education, and
professional development, and maintenance of
or performance improvement or continuing medical education 11
programs for renewal of a license to practice medicine and surgery.