Wisconsin Legislature: 175,72

448.675 Disciplinary proceedings and actions. (1) Investigation; hearing; action. (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.

(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.

(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 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.

(d) A person whose license is limited shall be permitted to continue practice if the person agrees to do all of the following:

1. Refrain from engaging in unprofessional conduct.

2. Appear before the affiliated credentialing board or its officers or agents at such times and places designated by the affiliated credentialing board.

3. Fully disclose to the affiliated credentialing board or its officers or agents the nature of the person's practice and conduct.

4. Fully comply with the limits placed on his or her practice and conduct by the affiliated credentialing board.

5. Obtain additional training, education or supervision required by the affiliated credentialing board.

6. Cooperate with the affiliated credentialing board.

(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.

(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).

(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.

(2) Suspension pending hearing. The affiliated credentialing board may summarily suspend a license granted by the affiliated credentialing board 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.

(3) Voluntary surrender. A licensee may voluntarily surrender his or her license to the secretary of the affiliated credentialing board, but the secretary 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.

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

448.68 Hospital reports. (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.

(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.

(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).

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.

448.69 Penalties; appeal. (1) Penalties. (a) Except as provided in par. (b), a person who violates any provision of this subchapter or a rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

(b) A person who violates s. 448.67 (3) may be fined not more than $250.

(2) Appeal. A person aggrieved by an action taken under this subchapter by the affiliated credentialing board, 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.

448.695 Rules. (1) The affiliated credentialing board shall promulgate rules defining the acts or attempted acts of commission or omission that constitute unprofessional conduct under s. 448.60 (5).

(2) The affiliated credentialing board may promulgate rules to carry out the purposes of this subchapter.

175,70 Section 70 . 448.86 (1) of the statutes is amended to read:

448.86 (1) The department shall issue a certificate to each individual who is certified under this chapter subchapter.

175,71 Section 71 . 450.10 (3) (a) 5m. of the statutes is amended to read:

450.10 (3) (a) 5m. A dietitian certified under subch. IV V of ch. 448. This subdivision does not apply after June 30, 1999.

175,72 Section 72 . 450.11 (8) (b) of the statutes is amended to read:

450.11 (8) (b) The medical examining board, insofar as this section applies to physicians or podiatrists.

175,73 Section 73 . 450.11 (8) (bm) of the statutes is created to read:

450.11 (8) (bm) The podiatrists affiliated credentialing board, insofar as this section applies to podiatrists.

175,74 Section 74 . 632.895 (1) (b) 5. b. of the statutes is amended to read:

632.895 (1) (b) 5. b. A dietitian certified under subch. IV V of ch. 448, if the nutrition counseling is provided on or after July 1, 1995, and no later than June 30, 1999.

175,75 Section 75 . 655.45 (1) of the statutes is amended to read:

655.45 (1) For the quarter beginning on July 1, 1986, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the medical examining board, the physical therapists affiliated credentialing board, the podiatrists affiliated credentialing board, the board of nursing and the department, respectively, regarding health care providers licensed by the respective bodies.

175,76 Section 76 . Nonstatutory provisions; podiatrists affiliated credentialing board.

(1) Initial appointments. Notwithstanding the length of terms specified in section 15.406 (3) (intro.) of the statutes, as created by this act, the initial members of the podiatrists affiliated credentialing board shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

(a) One podiatrist, for a term expiring on July 1, 2000.

(b) One podiatrist, for a term expiring on July 1, 2001.

(d) One podiatrist, for a term expiring on July 1, 2003.

(2) Transfer of authority and records from medical examining board; transitional provisions.

(a) Definitions. In this subsection:

1. “Affiliated credentialing board" means the podiatrists affiliated credentialing board.

2. “Examining board" means the medical examining board.

(b) Transitional provisions. During the period beginning on the effective date of this paragraph and ending on the first day of the 7th month beginning after the effective date of this paragraph, the examining board shall cooperate with the affiliated credentialing board in providing orderly and efficient transfers under this subsection. On the first day of the 7th month beginning after the effective date of this paragraph, all of the following apply:

1. The assets and liabilities of the examining board pertaining to the regulation of podiatrists shall become the assets and liabilities of the affiliated credentialing board.

2. All tangible personal property, including records, of the examining board pertaining to the regulation of podiatrists is transferred to the affiliated credentialing board.

3. All rules pertaining to the regulation of podiatrists that have been promulgated by the examining board and that are in effect shall become rules of the affiliated credentialing board and shall remain in effect until their specified expiration dates or until amended or repealed by the affiliated credentialing board. All orders pertaining to the regulation of podiatrists that have been issued by the examining board and that are in effect shall become orders of the affiliated credentialing board and shall remain in effect until their specified expiration dates or until modified or rescinded by the affiliated credentialing board.

4. Any matter relating to the regulation of podiatrists that is pending with the examining board is transferred to the affiliated credentialing board, and all materials submitted to or actions taken by the examining board with respect to the pending matter are considered to have been submitted to or taken by the affiliated credentialing board.

5. Notwithstanding section 448.63 (1) of the statutes, as created by this act, a person who, on the day before the first day of the 7th month beginning after the effective date of this subdivision, is licensed as a podiatrist by the examining board under subchapter II of chapter 448 of the statutes is considered to be licensed under subchapter IV of chapter 448 of the statutes, as created by this act, without meeting any of the requirements of section 448.63 of the statutes, as created by this act, and the department of regulation and licensing shall issue to the person, as appropriate, a certificate of licensure under section 448.65 (1) of the statutes, as created by this act, or a temporary license under section 448.63 (3) of the statutes, as created by this act.

175,77 Section 77. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

(1) The treatment of section 15.406 (3) of the statutes and Section 76 of this act take effect on the day after publication.