SB275-SSA2,5,1716 (a) Billing for a service that was performed by a staff person without the
17training required by the laws of this state.
SB275-SSA2,5,2218 (b) A pattern of conduct in which a chiropractor bills a Current Procedural
19Terminology Code in a manner inconsistent with the published standards of the
20Current Procedural Terminology Code, the Current Procedural Terminology
21Assistant, the Wisconsin Chiropractic Association, the American Chiropractic
22Association, or the International Chiropractic Association.
SB275-SSA2,5,2523 (c) A pattern of conduct in which a chiropractor bills for a service using a higher
24level Current Procedural Terminology Code than the service that was actually
25provided to the patient with the intent of obtaining unearned reimbursement.
SB275-SSA2,6,4
1(8) Failure to collect a deductible or co-payment required by a patient's insurer.
2This subsection does not apply if the chiropractor has made reasonable efforts to
3collect the deductible or co-payment or if the patient has financial hardship and the
4chiropractor documents the financial hardship.
SB275-SSA2,6,5 5(9) Falsifying a claim.
SB275-SSA2,6,7 6(10) A pattern of conduct that involves billing for a unit of service that was not
7actually performed with the intent of obtaining unearned reimbursement.
SB275-SSA2,6,8 8(11) Sexual misconduct. In this subsection, all of the following apply:
SB275-SSA2,6,169 (a) A chiropractor engages in sexual misconduct if he or she engages in sexual
10contact, exposure, or gratification, sexually offensive communication, dating a
11patient while the patient is under the chiropractor's professional care or treatment
12or within 6 months after the patient has been discharged from care or treatment, or
13other sexual behavior with or in the presence of a patient under the chiropractor's
14professional care or treatment and a reasonably prudent chiropractor under similar
15conditions and circumstances would find the conduct unprofessional. Consent is not
16an issue under this subsection.
SB275-SSA2,6,1817 (b) "Contact violation" means any violation of par. (a) that involves physical
18contact with a patient under the chiropractor's professional care or treatment.
SB275-SSA2,6,2119 (c) "Noncontact violation" means any violation of par. (a) that does not involve
20physical contact with a patient under the chiropractor's professional care or
21treatment.
SB275-SSA2,6,2522 (d) 1. The examining board shall require a chiropractor who commits a first
23noncontact violation under this subsection to attend training approved by the
24department regarding sexual misconduct and shall suspend his or her chiropractic
25license for not less than 90 days.
SB275-SSA2,7,3
12. The examining board shall suspend the chiropractic license of a chiropractor
2who commits a 2nd noncontact violation or a first contact violation under this
3subsection for one year.
SB275-SSA2,7,54 3. The examining board shall revoke the chiropractic license of a chiropractor
5who commits a 3rd noncontact or a 2nd contact violation under this subsection.
SB275-SSA2, s. 14 6Section 14. 446.05 (1) of the statutes is amended to read:
SB275-SSA2,7,12 7446.05 Procedure for hearings. (1) Subject to the rules promulgated under
8s. 440.03 (1), the examining board may make investigations and conduct hearings
9in regard to the conduct of any licensed chiropractor who, it has reason to believe,
10violated s. 446.02 or 446.03 (1), (6), (7), (7m), or (8) or committed any offense listed
11in s. 446.03
. The person complained against may proceed to review any action of the
12examining board under ch. 227.
SB275-SSA2, s. 15 13Section 15. 446.05 (2) of the statutes is amended to read:
SB275-SSA2,7,1814 446.05 (2) Upon Except as provided in subs. (3) and (4), upon application and
15satisfactory proof that the cause of such revocation or suspension no longer exists,
16the examining board may reinstate any license or registration suspended or revoked
17by it. This subsection does not apply to a license or registration that is suspended
18under s. 440.13 (2) (c) or that is revoked under s. 440.12.
SB275-SSA2, s. 16 19Section 16. 446.05 (3) of the statutes is created to read:
SB275-SSA2,7,2120 446.05 (3) The examining board shall suspend the license of a chiropractor who
21commits a third violation of s. 446.04 (1) to (10) for not less than 6 months.
SB275-SSA2, s. 17 22Section 17. 446.05 (4) of the statutes is created to read:
SB275-SSA2,7,2423 446.05 (4) The examining board shall suspend the license of a chiropractor who
24commits a fourth violation of s. 446.04 (1) to (10) for not less than 2 years.
SB275-SSA2, s. 18
1Section 18. 446.07 (title) of the statutes, as affected by 2001 Wisconsin Act
2109
, is repealed and recreated to read:
SB275-SSA2,8,3 3446.07 (title) Penalties.
SB275-SSA2, s. 19 4Section 19. 446.07 of the statutes, as affected by 2001 Wisconsin Act 109, is
5renumbered 446.07 (1).
SB275-SSA2, s. 20 6Section 20. 446.07 (2) of the statutes is created to read:
SB275-SSA2,8,127 446.07 (2) If the examining board finds that a chiropractor is guilty of the
8unprofessional conduct specified in s. 446.04 (6), the examining board may assess
9against the chiropractor a forfeiture of 3 times the amount that the chiropractor
10billed a patient for inappropriate, unnecessary, or substandard chiropractic care or
11$5,000, whichever is less. This subsection applies only if the examining board makes
12a 2nd or subsequent such finding regarding a chiropractor.
SB275-SSA2, s. 21 13Section 21. Initial applicability.
SB275-SSA2,8,1514 (1) Renewals. The treatment of section 446.02 (4) of the statutes first applies
15to chiropractors whose licenses expire on January 1, 2007.
SB275-SSA2,8,1916 (2) Violations and offenses. The treatment of sections 446.03 (intro.) and
17446.05 (1) of the statutes and the creation of sections 446.03 (8), 446.04 (6), (7), (8),
18(9), (10), and (11), and 446.07 (2) of the statutes first apply to violations that occur,
19and offenses that are committed, on the effective date of this subsection.
SB275-SSA2,8,2020 (3) License suspension.
SB275-SSA2,8,2321 (a) The treatment of section 446.05 (2) of the statutes and the creation of section
22446.05 (3) of the statutes first apply to 3rd violations that occur on the effective date
23of this paragraph.
SB275-SSA2,9,3
1(b) The treatment of section 446.05 (1) of the statutes and the creation of section
2446.05 (4) of the statutes first apply to 4th violations that occur on the effective date
3of this paragraph.
SB275-SSA2, s. 22 4Section 22. Effective dates. This act takes effect on the first day of the 2nd
5month beginning after publication, except as follows:
SB275-SSA2,9,76 (1) The treatment of section 446.02 (6m) of the statutes takes effect on the first
7day of the 7th month beginning after publication.
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