2013 Wisconsin Act 240

2.   That the applicant has obtained certification by the Educational Council for Foreign Medical Graduates or a successor organization.

3.   That the applicant has passed all steps of the United States Medical Licensing Examination administered by the National Board of Medical Examiners and the Federation of State Medical Boards, or their successor organizations.

4. That the applicant satisfies one of the following:

a. The applicant has successfully completed and received credit for 24 months of postgraduate training in one or more programs accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or a successor organization.

b. The applicant is currently enrolled in a postgraduate training program accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or a successor organization; the applicant has successfully completed and received credit for 12 consecutive months of postgraduate training in that program; and the applicant has received an unrestricted endorsement from the postgraduate training program director that includes confirmation that the applicant is expected to continue in the program and complete at least 24 months of postgraduate training.

5. That the applicant satisfies any other requirement established by the board by rule for issuing the license.

(c) The board may promulgate rules specifying circumstances in which the board, in cases of hardship or in cases in which the applicant possesses a medical license issued by another jurisdiction, may grant a waiver from any requirement under par. (a) or (b). The board may grant such a waiver only in accordance with those rules.

(d) An applicant for a resident educational license under s. 448.04 (1) (bm) shall provide the board with all of the following:

1. Proof that the applicant has been accepted into a postgraduate training program accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or a successor organization.

2. Written confirmation from the institution sponsoring the postgraduate training program into which the applicant has been accepted confirming that the applicant has been or will be appointed to a position in the program.

3. Proof that the applicant is a graduate of and possesses a diploma from a medical or osteopathic college that is approved by the board.

(e) An applicant for a restricted license to practice medicine and surgery as a visiting physician under s. 448.04 (1) (bg) shall provide the board with all of the following:

1. Proof that the applicant is a graduate of and possesses a diploma from a medical or osteopathic college that is approved by the board.

2. Proof that the applicant is licensed to practice medicine and surgery outside this state.

3. Proof that the applicant teaches medicine, engages in medical research, or practices medicine and surgery outside this state.

4. Documentation that the applicant intends to teach, research, or practice medicine and surgery at a medical education facility, medical research facility, or medical college in this state, which must include a signed letter from the dean or president of the facility or college.

5. Proof that the applicant satisfies any other requirement established by the board by rule for issuing the license.

240,22 Section 22. 448.05 (2c) of the statutes is created to read:

448.05 (2c) Administrative physician license. An applicant for an administrative physician license must supply evidence satisfactory to the board that he or she satisfies the requirements for a license to practice medicine and surgery under sub. (2) (a) or (b), subject to any waiver granted under sub. (2) (c), other than any requirement established by the board by rule relating to the active practice of medicine and surgery.

240,23 Section 23. 448.05 (6) (a) of the statutes is amended to read:

448.05 (6) (a) Except as provided in pars. (am) and, (ar), and (at), the board shall examine each applicant it finds eligible under this section in such subject matters as the board deems applicable to the class of license or certificate which the applicant seeks to have granted. Examinations may be both written and oral. In lieu of its own examinations, in whole or in part, the board may make such use as it deems appropriate of examinations prepared, administered, and scored by national examining agencies, or by other licensing jurisdictions of the United States or Canada. The board shall specify passing grades for any and all examinations required.

240,24 Section 24. 448.05 (6) (at) of the statutes is created to read:

448.05 (6) (at) When examining an applicant for a license to practice medicine and surgery or an administrative physician license under par. (a), the board may only use examinations prepared, administered, and scored by national examining agencies, except that the board may interview an individual applicant as needed to determine information specific to that applicant.

240,25 Section 25. 448.06 (title) of the statutes is amended to read:

448.06 (title) License, or certificate or limited permit granted, denied.

240,26 Section 26. 448.06 (1) of the statutes is amended to read:

448.06 (1) Grant of license, certificate , or limited permit. If Subject to s. 448.05 (1) (d), if three-fourths of the members of the board find that an applicant who has passed the required examinations is qualified, the board shall so notify the applicant and shall grant the license, certificate, or limited permit.

240,27 Section 27 . 448.06 (1) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

448.06 (1) Grant of license, or certificate, or limited permit. Subject to s. 448.05 (1) (d), if three-fourths of the members of the board find that an applicant who has passed the required examinations is qualified, the board shall so notify the applicant and shall grant the license, or certificate, or limited permit.

240,28 Section 28. 448.063 of the statutes is created to read:

448.063 Notification requirements for certain licenses. (1) If the holder of a license granted under the authority of s. 448.05 (2) (a) 2. b. or (b) 4. b. subsequently discontinues his or her postgraduate training program at any time prior to the completion of the program, the program director shall notify the board, providing full details of the cause of the discontinuance and the holder's plans, if any, for completion of the postgraduate training program. The board shall review the matter and may take any appropriate action.

(2) If the holder of a license granted under s. 448.04 (1) (bg) ceases to teach, research, or practice medicine and surgery at the medical education facility, medical research facility, or medical college where he or she is visiting, the medical education facility, medical research facility, or medical college shall notify the board. The board shall review the matter and may take any appropriate action.

240,29 Section 29. 448.065 of the statutes is repealed.

240,30 Section 30. 448.07 (1) (d) of the statutes is amended to read:

448.07 (1) (d) No registration may be permitted by the secretary of the board in the case of any physician or perfusionist who has failed to meet the requirements of s. 448.13 or any person whose license, or certificate, or limited permit has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the licensee's or permittee's person's right of appeal. A person whose license, or certificate, or limited permit has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license, or certificate, or limited permit, together with an application for registration and the registration fee.

240,31 Section 31. 448.08 (1) (a) of the statutes is amended to read:

448.08 (1) (a) "Hospital" means an institution providing 24-hour continuous service to patients confined therein which is primarily engaged in providing facilities for diagnostic and therapeutic services for the surgical and medical diagnosis, treatment and care, of injured or sick persons, by or under the supervision of a professional staff of physicians and surgeons, and which is not primarily a place of rest for the aged, drug addicts or alcoholics, or a nursing home. Such hospitals may charge patients directly for the services of their employee nurses, nonphysician anesthetists, physical therapists and medical assistants other than physicians or dentists, and may engage on a salary basis interns and residents who are participating in an accredited training program under the supervision of the medical staff, and persons with a resident educational license issued under s. 448.04 (1) (bm) or a temporary educational certificate issued under s. 448.04 (1) (c), 2011 stats.

240,32 Section 32 . 448.08 (1) (a) of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

448.08 (1) (a) "Hospital" means an institution providing 24-hour continuous service to patients confined therein which is primarily engaged in providing facilities for diagnostic and therapeutic services for the surgical and medical diagnosis, treatment and care, of injured or sick persons, by or under the supervision of a professional staff of physicians and surgeons, and which is not primarily a place of rest for the aged, drug addicts or alcoholics, or a nursing home. Such hospitals may charge patients directly for the services of their employee nurses, nonphysician anesthetists, physical therapists and medical assistants other than physicians or dentists, and may engage on a salary basis interns and residents who are participating in an accredited training program under the supervision of the medical staff, and persons with a resident educational license issued under s. 448.04 (1) (bm) or a temporary educational certificate issued under s. 448.04 (1) (c), 2011 stats.

240,33 Section 33. 448.10 (1), (4) and (5) of the statutes are repealed.

240,34 Section 34. 448.10 (1m), (2m) and (3m) of the statutes are created to read:

448.10 (1m) Notwithstanding s. 448.05 (2), a person who, on the effective date of this subsection .... [LRB inserts date], possessed a valid license to practice medicine and surgery under s. 448.05 (2) or 448.065, 2011 stats., may retain, practice under, and continue to renew that license, subject to any other provisions in this subchapter or any rules promulgated by the board governing a license to practice medicine and surgery.

(2m) A person who, on the effective date of this subsection .... [LRB inserts date], possessed a valid temporary license to practice medicine and surgery under s. 448.04 (1) (b) 2., 2011 stats., may retain, practice under, and continue to renew that license in accordance with s. 448.04 (1) (b) 2., 2011 stats., subject to any other provisions in this subchapter or any rules promulgated by the board governing that license.

(3m) A person who, on the effective date of this subsection .... [LRB inserts date], possessed a valid temporary educational permit to practice medicine and surgery under s. 448.04 (1) (c), 2011 stats., may retain, practice under, and continue to renew that permit in accordance with s. 448.04 (1) (c), 2011 stats., subject to any other provisions in this subchapter or any rules promulgated by the board governing that permit, or may apply for a resident educational license under s. 448.04 (1) (bm).

240,35 Section 35. 448.10 (1m) of the statutes, as created by 2013 Wisconsin Act .... (this act), is renumbered 448.10.

240,36 Section 36. 448.10 (2m) of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.

240,37 Section 37. 448.10 (3m) of the statutes, as created by 2013 Wisconsin Act .... (this act), is repealed.

240,38 Section 38. 462.01 (4) of the statutes is amended to read:

462.01 (4) "Physician" means a person licensed to practice medicine and surgery under s. 448.04 (1) (a) or , (b), or (bg).

240,39 Section 39. Nonstatutory provisions.

(1) Using the procedure under section 227.24 of the statutes, the medical examining board may promulgate rules under section 448.40 (1) of the statutes that are necessary to implement the changes in this act and rules under section 448.05 (2) (c), as affected by this act, for the period before the effective date of any permanent rules promulgated under section 448.40 (1) of the statutes, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

240,40 Section 40. Initial applicability.

(1) The treatment of section 448.05 (6) (a) and (at) of the statutes first applies to an applicant who is admitted to examination for a license to practice medicine and surgery by the medical examining board under section 448.05 (2) of the statutes, as affected by this act, on the effective date of this subsection.

(2) The treatment of section 448.05 (2) of the statutes first applies to an application for a license to practice medicine and surgery under section 448.05 (2) of the statutes, as affected by this act, that is received by the medical examining board on the effective date of this subsection.

240,41 Section 41. Effective dates. This act takes effect on the first day of the 12th month beginning after publication, except as follows:

(1) The treatment of sections 448.02 (3) (a), (b), (c), (e), and (h), (4) (a) and (b), (5), (6), and (8) (a), (b), and (c), 448.06 (title) and (1) (by Section 27), 448.07 (1) (d), and 448.08 (1) (a) (by Section 32 ) of the statutes, the repeal of section 448.10 (2m) and (3m) of the statutes, and the renumbering of section 448.10 (1m) of the statutes take effect on the first day of the 36th month beginning after publication.