SB866: Bill Text

2019 Senate BILL 866

February 20, 2020 - Introduced by Senators Bernier, Ringhand, Tiffany and Bewley, cosponsored by Representatives Felzkowski, Rodriguez, Macco, Bowen, Dittrich, Gundrum, Kulp, L. Myers, Skowronski and Wichgers. Referred to Committee on Health and Human Services.

SB866,2,2 An Act to renumber 252.14 (1) (ar) 4q.; to amend 15.08 (1m) (b), 36.25 (11) (b), 46.03 (44), 48.981 (2m) (b) 1., 60.23 (9), 69.01 (6g), 77.54 (14) (b), 77.54 (14) (d), 118.15 (3) (a), 118.25 (1) (a), 118.29 (1) (e), 146.82 (3) (a), 146.89 (1) (r) 1., 155.01 (7), 252.11 (10), 255.06 (1) (d), 255.07 (1) (d), 257.01 (5) (a) and (b), 448.03 (2) (a), 448.035 (2) to (4), 448.56 (1), 448.56 (1m) (b), 450.03 (1) (e), 450.11 (7) (b), 462.04, 895.48 (1m) (a) (intro.) and 2., 905.04 (1) (b) and (c), (2) and (3), 961.01 (19) (a), 961.23 (6) and 961.41 (3j); and to create 15.08 (1m) (bm), 15.405 (7f), 48.981 (2) (a) 1m., 69.18 (1) (cj), 77.54 (14) (f) 1m., 146.81 (1) (dc), 146.997 (1) (d) 4m., 180.1901 (1m) (h), 252.14 (1) (ar) 4s., 440.03 (13) (b) 39g., 440.08 (2) (a) 47g., 446.02 (9) (e), 450.10 (3) (a) 12., 450.11 (8) (f), chapter 466, 905.04 (1) (br), 961.397 and 990.01 (22m) of the statutes; relating to: the regulation and licensure of naturopathic doctors, creating a naturopathic medicine examining board, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill provides for regulation and licensing for the practice of naturopathic medicine. Current law does not regulate the practice of naturopathic medicine specifically, but does require a license in order to engage in anything that falls within the scope of certain other health care practices, including the practice of medicine and surgery.

Under the bill, subject to certain exceptions, no one may practice naturopathic medicine, as defined in the bill, or use the title “naturopathic doctor” or “naturopathic physician” or make similar representations without a license to practice naturopathic medicine. A license is granted by the seven-member Naturopathic Medicine Examining Board, which is created in the bill. Under the bill, the board must grant an initial license to a person who has completed a qualifying naturopathic medical program specified in the bill, has passed examinations specified in the bill, meets certain requirements that the board may establish, does not have an arrest or conviction record, and pays a fee. The bill allows the board to disqualify a naturopathic medical program that the board determines does not adequately prepare students to practice naturopathic medicine. Biennial renewal of a license requires completion of continuing education requirements established by the board, as well as satisfaction of other requirements the board may establish.

A naturopathic doctor licensed under the bill may practice naturopathic medicine, which is defined in the bill and includes a number of specific practices, as well as a number of practices that are excluded from the definition. The bill also allows the board to further define the scope of practice of naturopathic medicine by expressly authorizing or prohibiting certain practices. The practice of naturopathic medicine includes prescribing drugs, but the bill expressly prohibits naturopathic doctors from prescribing Schedule I and II controlled substances and narcotics classified under Schedule III.

The bill requires the board to promulgate rules that establish standards of practice for and a code of ethics governing the professional conduct of naturopathic doctors, continuing education requirements for licensure renewal, and examination standards for licensure, including required passing scores. The bill allows the board to establish other requirements for initial licensure or renewal of a license and also allows the board to adopt minimum malpractice insurance requirements for naturopathic doctors. The bill includes provisions for the professional discipline of licensees, which allow the board to take certain actions against a licensee who violates certain prohibitions in the bill.

Finally, the bill also applies certain other laws, such as the law providing for confidentiality of health care records and the health care workers whistleblowers protection law, to licensed naturopathic doctors and allows naturopathic doctors to perform certain actions that can be performed by physicians or other health care providers, including allowing a naturopathic doctor who is directly involved with the care of a patient to pronounce a patient's date, time, and place, but not cause, of death.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB866,1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

SB866,3,12 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, the naturopathic medicine examining board, the physical therapy examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, the psychology examining board, and the radiography examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB866,2 Section 2. 15.08 (1m) (bm) of the statutes is created to read:

SB866,3,16 15.08 (1m) (bm) The public members of the naturopathic medicine examining board may not have any financial interest in naturopathic education, business, or practice.

SB866,3 Section 3. 15.405 (7f) of the statutes is created to read:

SB866,4,4 15.405 (7f) Naturopathic medicine examining board. There is created a naturopathic medicine examining board in the department of safety and professional services consisting of the following members appointed for 4-year terms:

SB866,4,5 (a) Four naturopathic doctors licensed under ch. 466.

SB866,4,8 (b) One physician licensed under ch. 448 who works as a primary care physician and who has experience in naturopathic medicine or working with naturopathic doctors.

SB866,4,9 (c) Two public members.

SB866,4 Section 4 . 36.25 (11) (b) of the statutes is amended to read:

SB866,4,17 36.25 (11) (b) The laboratory shall provide complete laboratory services in the areas of water quality, air quality, public health and contagious diseases for appropriate state agencies, and may perform examinations for licensed physicians, naturopathic doctors, veterinarians, local health officers, as defined in s. 250.01 (5), and resource management officials as may be necessary for the prevention and control of those diseases and environmental hazards which cause concern for public health and environmental quality.

SB866,5 Section 5 . 46.03 (44) of the statutes is amended to read:

SB866,5,2 46.03 (44) Sexually transmitted disease treatment information. Prepare and keep current an information sheet to be distributed to a patient by a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber providing expedited partner therapy to that patient under s. 448.035. The information sheet shall include information about sexually transmitted diseases and their treatment and about the risk of drug allergies. The information sheet shall also include a statement advising a person with questions about the information to contact his or her physician, pharmacist, or local health department, as defined in s. 250.01 (4).

SB866,6 Section 6. 48.981 (2) (a) 1m. of the statutes is created to read:

SB866,5,4 48.981 (2) (a) 1m. A naturopathic doctor.

SB866,7 Section 7 . 48.981 (2m) (b) 1. of the statutes is amended to read:

SB866,5,9 48.981 (2m) (b) 1. “Health care provider" means a physician, as defined under s. 448.01 (5), a naturopathic doctor, as defined under s. 466.01 (4), a physician assistant, as defined under s. 448.01 (6), or a nurse holding a license under s. 441.06 (1) or a license under s. 441.10.

SB866,8 Section 8 . 60.23 (9) of the statutes is amended to read:

SB866,5,15 60.23 (9) Resident physicians, physician assistants and nurses health care providers in certain towns. In a town comprised entirely of one or more islands, annually appropriate money to retain a physician or, if no physician is available, a physician assistant, naturopathic doctor, or nurse practitioner, as a resident within the town.

SB866,9 Section 9 . 69.01 (6g) of the statutes is amended to read:

SB866,5,19 69.01 (6g) “Date of death" means the date that a person is pronounced dead by a physician, naturopathic doctor, coroner, deputy coroner, medical examiner, deputy medical examiner, or hospice nurse.

SB866,10 Section 10 . 69.18 (1) (cj) of the statutes is created to read:

SB866,5,25 69.18 (1) (cj) 1. For purposes of preparation of the certificate of death and in accordance with accepted medical standards, a naturopathic doctor who is directly involved with the care of a patient who dies may pronounce the date, time, and place of the patient's death if the patient was generally under the care of a naturopathic doctor at the time of death.

SB866,6,2 2. Subdivision 1. may not be construed to authorize a naturopathic doctor to certify under sub. (2) (b) the cause of the patient's death.

SB866,11 Section 11 . 77.54 (14) (b) of the statutes is amended to read:

SB866,6,5 77.54 (14) (b) Furnished by a licensed physician, naturopathic doctor, surgeon, podiatrist, or dentist to a patient who is a human being for treatment of the patient.

SB866,12 Section 12 . 77.54 (14) (d) of the statutes is amended to read:

SB866,6,8 77.54 (14) (d) Sold to a licensed physician, naturopathic doctor, surgeon, podiatrist, dentist, or hospital for the treatment of a human being.

SB866,13 Section 13 . 77.54 (14) (f) 1m. of the statutes is created to read:

SB866,6,10 77.54 (14) (f) 1m. A naturopathic doctor.

SB866,14 Section 14 . 118.15 (3) (a) of the statutes is amended to read:

SB866,6,23 118.15 (3) (a) Any child who is excused by the school board because the child is temporarily not in proper physical or mental condition to attend a school program but who can be expected to return to a school program upon termination or abatement of the illness or condition. The school attendance officer may request the parent or guardian of the child to obtain a written statement from a licensed physician, naturopathic doctor, dentist, chiropractor, optometrist, psychologist, physician assistant, or nurse practitioner, as defined in s. 255.06 (1) (d), or certified advanced practice nurse prescriber or Christian Science practitioner living and residing in this state, who is listed in the Christian Science Journal, as sufficient proof of the physical or mental condition of the child. An excuse under this paragraph shall be in writing and shall state the time period for which it is valid, not to exceed 30 days.

SB866,15 Section 15 . 118.25 (1) (a) of the statutes is amended to read:

SB866,7,5 118.25 (1) (a) “Practitioner" means a person licensed as a physician, naturopathic doctor, naturopathic medical doctor, naturopathic physician, or as a physician assistant in any state or licensed or certified as an advanced practice nurse prescriber in any state. In this paragraph, “physician” has the meaning given in s. 448.01 (5).

SB866,16 Section 16 . 118.29 (1) (e) of the statutes is amended to read:

SB866,7,9 118.29 (1) (e) “Practitioner" means any physician, naturopathic doctor, naturopathic medical doctor, naturopathic physician, dentist, optometrist, physician assistant, advanced practice nurse prescriber, or podiatrist licensed in any state.

SB866,17 Section 17. 146.81 (1) (dc) of the statutes is created to read:

SB866,7,11 146.81 (1) (dc) A naturopathic doctor licensed under ch. 466.

SB866,18 Section 18 . 146.82 (3) (a) of the statutes is amended to read:

SB866,7,20 146.82 (3) (a) Notwithstanding sub. (1), a physician, naturopathic doctor, physician assistant, as defined in s. 448.01 (6), or advanced practice nurse prescriber certified under s. 441.16 (2) who treats a patient whose physical or mental condition in the physician's, naturopathic doctor's, physician assistant's, or advanced practice nurse prescriber's judgment affects the patient's ability to exercise reasonable and ordinary control over a motor vehicle may report the patient's name and other information relevant to the condition to the department of transportation without the informed consent of the patient.

SB866,19 Section 19 . 146.89 (1) (r) 1. of the statutes is amended to read:

SB866,8,2 146.89 (1) (r) 1. Licensed as a physician under ch. 448, naturopathic doctor under ch. 466, 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 of ch. 448.

SB866,20 Section 20. 146.997 (1) (d) 4m. of the statutes is created to read:

SB866,8,4 146.997 (1) (d) 4m. A naturopathic doctor licensed under ch. 466.

SB866,21 Section 21. 155.01 (7) of the statutes is amended to read:

SB866,8,16 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

SB866,22 Section 22. 180.1901 (1m) (h) of the statutes is created to read:

SB866,8,18 180.1901 (1m) (h) Naturopathic medicine examining board under ch. 466.

SB866,23 Section 23 . 252.11 (10) of the statutes is amended to read:

SB866,9,2 252.11 (10) The state laboratory of hygiene shall examine specimens for the diagnosis of sexually transmitted diseases for any physician, naturopathic doctor, physician assistant, advanced practice nurse prescriber, or local health officer in the state, and shall report the positive results of the examinations to the local health officer and to the department. All laboratories performing tests for sexually transmitted diseases shall report all positive results to the local health officer and to the department, with the name of the physician, naturopathic doctor, physician assistant, or advanced practice nurse prescriber to whom reported.

SB866,24 Section 24. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.

SB866,25 Section 25. 252.14 (1) (ar) 4s. of the statutes is created to read:

SB866,9,5 252.14 (1) (ar) 4s. A naturopathic doctor licensed under ch. 466.

SB866,26 Section 26 . 255.06 (1) (d) of the statutes is amended to read:

SB866,9,11 255.06 (1) (d) “Nurse practitioner" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k), and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, naturopathic doctor, dentist, or podiatrist.

SB866,27 Section 27 . 255.07 (1) (d) of the statutes is amended to read:

SB866,9,15 255.07 (1) (d) “Health care practitioner" means a physician, a naturopathic doctor, a physician assistant licensed under s. 448.04 (1) (f), or an advanced practice nurse who is certified to issue prescription orders under s. 441.16.

SB866,28 Section 28. 257.01 (5) (a) and (b) of the statutes are amended to read:

SB866,9,22 257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch. 466, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448.

SB866,9,25 (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch. 466, licensed as a registered nurse, licensed practical nurse or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

SB866,29 Section 29. 440.03 (13) (b) 39g. of the statutes is created to read:

SB866,10,7 440.03 (13) (b) 39g. Naturopathic doctor.

SB866,30 Section 30. 440.08 (2) (a) 47g. of the statutes is created to read:

SB866,10,9 440.08 (2) (a) 47g. Naturopathic doctor: January 1 of each odd-numbered year.

SB866,31 Section 31. 446.02 (9) (e) of the statutes is created to read:

SB866,10,12 446.02 (9) (e) A naturopathic doctor acting within the scope of his or her license under ch. 466.

SB866,32 Section 32. 448.03 (2) (a) of the statutes is amended to read:

SB866,10,20 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, to practice naturopathic medicine under ch. 466, or as otherwise provided by statute.

SB866,33 Section 33 . 448.035 (2) to (4) of the statutes are amended to read:

SB866,11,10 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber may provide expedited partner therapy if the patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."

SB866,11,15 (3) The physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.

SB866,11,20 (4) (a) Except as provided in par. (b), a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.

SB866,11,24 (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician, naturopathic doctor, physician assistant, or certified advanced practice nurse prescriber whose act or omission involves reckless, wanton, or intentional misconduct.