LRB-3441/1
MED:kjf
2017 - 2018 LEGISLATURE
February 9, 2018 - Introduced by Representatives Murphy and Sanfelippo.
Referred to Committee on Health.
AB936,1,3 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:
AB936,1 4Section 1. 50.36 (3) (a) of the statutes is amended to read:
AB936,2,65 50.36 (3) (a) Any person licensed to practice medicine and surgery under subch.
6II of ch. 448 or podiatry under subch. IV of ch. 448 shall be afforded an equal

1opportunity to obtain hospital staff privileges and may not be denied hospital staff
2privileges solely for the reason that the person is an osteopathic physician and
3surgeon or a podiatrist. Each individual hospital shall, subject to s. 448.085 (2),
4retain the right to determine whether the applicant's training, experience, and
5demonstrated competence is sufficient to justify the granting of hospital staff
6privileges or is sufficient to justify the granting of limited hospital staff privileges.
AB936,2 7Section 2. 448.085 of the statutes is created to read:
AB936,2,12 8448.085 Maintenance of certification. (1) In this section, “maintenance of
9certification” means a continuous professional development program through which
10a physician certified by one or more of the medical specialty boards of the American
11Board of Medical Specialties or American Osteopathic Association maintains
12specialty certification.
AB936,2,15 13(2) No physician may be required to secure maintenance of certification as a
14prerequisite for reimbursement from a 3rd party or as a condition for being granted
15hospital staff privileges.
AB936,2,17 16(3) The board may not promulgate a rule requiring maintenance of certification
17for renewal of a license to practice medicine and surgery.
AB936,3 18Section 3. 448.13 (1) (a) 2. of the statutes is amended to read:
AB936,2,2219 448.13 (1) (a) 2. Professional development and maintenance of certification or
20performance improvement or continuing medical education programs or courses of
21study required by the board by rule under s. 448.40 (1) and completed within the 2
22calendar years preceding the calendar year for which the registration is effective.
AB936,4 23Section 4. 448.13 (1m) of the statutes is amended to read:
AB936,3,524 448.13 (1m) The board shall, on a random basis, verify the accuracy of proof
25submitted by physicians under sub. (1) (a) and may, at any time during the 2 calendar

1years specified in sub. (1) (a), require a physician to submit proof of any continuing
2education, and professional development, and maintenance of certification or
3performance improvement or continuing medical education programs or courses of
4study that he or she has attended and completed at that time during the 2 calendar
5years.
AB936,5 6Section 5. 448.40 (1) of the statutes is amended to read:
AB936,3,117 448.40 (1) The Subject to s. 448.085 (3), the board may promulgate rules to
8carry out the purposes of this subchapter, including rules requiring the completion
9of continuing education, and professional development, and maintenance of
10certification
or performance improvement or continuing medical education
11programs for renewal of a license to practice medicine and surgery.
AB936,3,1212 (End)
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