AB549-ASA1,2,2211
448.02
(3) (c)
After Subject to par. (cm), after a disciplinary hearing, the board
12may, when it determines that a panel established under s. 655.02, 1983 stats., has
13unanimously found or a court has found that a person has been negligent in treating
14a patient or when it finds a person guilty of unprofessional conduct or negligence in
15treatment, do one or more of the following: warn or reprimand that person, or limit,
16suspend or revoke any license, certificate or limited permit granted by the board to
17that person. The board may condition the removal of limitations on a license,
18certificate or limited permit or the restoration of a suspended or revoked license,
19certificate or limited permit upon obtaining minimum results specified by the board
20on one or more physical, mental or professional competency examinations if the
21board believes that obtaining the minimum results is related to correcting one or
22more of the bases upon which the limitation, suspension or revocation was imposed.
AB549-ASA1, s. 4
23Section
4. 448.02 (3) (cm) of the statutes is created to read:
AB549-ASA1,3,624
448.02
(3) (cm) The board may take disciplinary action against a physician
25under par. (c) no later than one year after initiating an investigation of an allegation
1involving the death of a patient and no later than 3 years after initiating an
2investigation of any other allegation, unless the board shows to the satisfaction of the
3secretary that a specified extension of time is necessary for the board to determine
4whether a physician is guilty of unprofessional conduct or negligence in treatment.
5For purposes of this paragraph, the date that a matter is reopened under sub. (8) (c)
6is considered the date that an investigation of the matter is initiated.
AB549-ASA1,3,228
448.02
(8) Administrative warning. (a) After an investigation by the board
9under sub. (3) (a) or by the department under s. 440.03 (3m) or (5), the board may
10issue a private and confidential administrative warning to a holder of a license,
11certificate or limited permit if the board determines that there is evidence of
12misconduct by him or her. The board may issue an administrative warning under
13this paragraph only if the board determines that no further action is warranted
14because the matter involves a first occurrence of minor misconduct and the issuance
15of an administrative warning adequately protects the public by putting the holder
16of the license, certificate or limited permit on notice that any subsequent misconduct
17may result in disciplinary action. The board shall review the determination if the
18holder of the license, certificate or limited permit makes a personal appearance
19before the board. Following the review, the board may affirm, rescind or modify the
20administrative warning. A holder of a license, certificate or limited permit may seek
21judicial review under ch. 227 of an affirmation or modification of an administrative
22warning by the board.
AB549-ASA1,3,2523
(b) An administrative warning issued under par. (a) does not constitute an
24adjudication of guilt or the imposition of discipline and may not be used as evidence
25that the holder of a license, certificate or limited permit is guilty of misconduct.
AB549-ASA1,4,7
1(c) Notwithstanding par. (b), if the board receives a subsequent allegation of
2misconduct about a holder of a license, certificate or limited permit to whom the
3board issued an administrative warning under par. (a), the board may reopen the
4matter that resulted in the issuance of the administrative warning or use the
5administrative warning in any subsequent disciplinary hearing under sub. (3) (b) as
6evidence that he or she had actual knowledge that the misconduct that was the basis
7for the administrative warning was contrary to law.
AB549-ASA1,4,108
(d) The record that an administrative warning was issued under par. (a) shall
9be a public record. The contents of an administrative warning shall be private and
10confidential.
AB549-ASA1,4,1612
448.02
(9) Judicial review. No injunction, temporary injunction, stay,
13restraining order or other order may be issued by a court in any proceeding for review
14that suspends or stays an order of the board to discipline a physician under sub. (3)
15(c) or to suspend a physician's license under sub. (4), except upon application to the
16court and a determination by the court that all of the following conditions are met:
AB549-ASA1,4,1817
(a) The board has received notice of the application and the court has provided
18advance notice to the board of the date of the court hearing on the application.
AB549-ASA1,4,2019
(b) There is a substantial likelihood that the applicant will prevail in the
20proceeding for review.
AB549-ASA1,4,2221
(c) The applicant will suffer irreparable harm if the order is not suspended or
22stayed.
AB549-ASA1,4,2423
(d) There is no substantial likelihood of harm to patients of the applicant if the
24board's order is suspended or stayed.
AB549-ASA1,5,4
1448.09
(1) Penalties. Anyone violating A person who violates s. 448.08 (3) may
2be fined not more than $250.
Anyone violating Except as provided in sub. (1m), a
3person who violates any other provision of this
chapter subchapter may be fined not
4more than $10,000 or imprisoned not more than 9 months or both.
AB549-ASA1,5,86
448.09
(1m) Physicians. A physician who violates any provision of this
7subchapter, except s. 448.08 (3), or any rule promulgated under this subchapter may
8be fined not more than $25,000 or imprisoned not more than 9 months or both.
AB549-ASA1, s. 9
9Section
9. 448.13 (1) of the statutes is renumbered 448.13 (1) (a).
AB549-ASA1,5,1511
448.13
(1) (b) The board shall, on a random basis, verify the accuracy of proof
12submitted by physicians under par. (a) and may, at any time during the 2 calendar
13years specified in par. (a), require a physician to submit proof of any continuing
14education programs or courses of study that he or she has attended and completed
15at that time during the 2 calendar years.
AB549-ASA1,5,22
17448.14 Annual report. Annually, no later than March 1, the board shall
18submit to the chief clerk of each house of the legislature for distribution to the
19appropriate standing committees under s. 13.172 (3) a report that identifies the
20average length of time to process a disciplinary case against a physician during the
21preceding year and the number of disciplinary cases involving physicians pending
22before the board on December 31 of the preceding year.
AB549-ASA1,6,524
448.40
(2) (e) Establishing the criteria for the substitution of uncompensated
25hours of professional assistance volunteered to the department of health and family
1services for some or all of the hours of continuing education credits required under
2s. 448.13
(1) (a) for physicians specializing in psychiatry. The eligible substitution
3hours shall involve professional evaluation of community programs for the
4certification and recertification of community mental health programs, as defined in
5s. 51.01 (3n), by the department of health and family services.
AB549-ASA1,6,87
448.40
(2) (f) Establishing procedures for issuing and using administrative
8warnings under s. 448.02 (8).
AB549-ASA1,6,1010
(1)
Staff for medical examining board.
AB549-ASA1,6,1511
(a)
The authorized FTE positions for the department of regulation and
12licensing are increased by 1.5 PR program assistant positions and 1.5 PR legal
13assistant positions on July 1, 1998, to be funded from the appropriation under section
1420.165 (1) (g) of the statutes, for the purpose of providing staff only to the medical
15examining board.
AB549-ASA1,6,2116
(b)
The authorized FTE positions for the department of regulation and
17licensing are increased by 0.5 PR position on July 1, 1998, to be funded from the
18appropriation under section 20.165 (1) (g) of the statutes, for the purpose of providing
19physician consulting services to the department of regulation and licensing and the
20medical examining board with respect to investigations of physicians under section
21440.03 (3m) or (5) or 448.02 (3) (a) of the statutes.
AB549-ASA1,6,2522
(2)
Use of authorized positions. The department of regulation and licensing
23may not use the positions authorized under subsection (1
) to supplant positions in
24the department that are being used immediately prior to the effective date of this
25subsection to provide staff to the medical examining board.
AB549-ASA1,7,9
1(3m)
Study regarding education and training. The medical examining board
2and the University of Wisconsin-Madison Medical School shall jointly study
3whether physicians licensed by the medical examining board are sufficiently
4informed, educated or trained about advances in techniques and procedures for
5making a diagnosis or providing treatment. The board and the medical school shall
6jointly submit its report, including any recommendations for proposed legislation, to
7the governor, and to the appropriate standing committees of the legislature in the
8manner provided under section 13.172 (3) of the statutes, by the first day of the 12th
9month beginning after the effective date of this subsection.
AB549-ASA1,7,1311
(1) The treatment of sections 227.54 and 448.02 (9) of the statutes first applies
12to disciplinary actions taken by the medical examining board on the effective date
13of this subsection.
AB549-ASA1,7,1514
(2m)
The treatment of section 448.09 (1) and (1m) of the statutes first applies
15to violations that occur on the effective date of this subsection.
AB549-ASA1,7,1716
(3m)
The treatment of section 448.02 (3) (c) and (cm) and (8) of the statutes first
17applies to investigations initiated on the effective date of this subsection.