AB1090: Bill Text

LRB-5633/1

MDK:skg&kaf:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 1090

March 28, 1996 - Introduced by Representatives Underheim, Porter, Jensen, Lorge, Kelso, Cullen, Plombon, Huber and Kreuser. Referred to Committee on Health.

AB1090,2,4 An Act to repeal 15.407 (1) (b), 448.03 (3) (c), 448.04 (1) (d), 448.05 (3) and 448.10 (2); to renumber 448.01 (1), 448.01 (9g), 448.01 (9m), 448.075 (1) (b) 1., 2. and 3. and subchapter IV of chapter 448 [precedes 448.70]; to renumber and amend 448.01 (7), 448.01 (8), 448.01 (11), 448.03 (4), 448.075 (title), 448.075 (1) (intro.), 448.075 (1) (a), 448.075 (1) (b) (intro.) and 448.075 (2); to amend 15.08 (1m) (b), 15.08 (4) (b), 15.085 (1m) (b), 15.406 (2) (a) 1., 49.45 (3) (k), 50.09 (6) (b), 50.36 (3), 50.39 (3), 146.37 (1g), 146.81 (1) (em), 180.1901 (1m) (br), 252.10 (7), 252.14 (1) (ar) 4m., 448.01 (2g), 448.01 (2r), 448.01 (5), 448.01 (6), 448.01 (12), 448.02 (1), 448.02 (3) (a), 448.02 (4), 448.02 (6), 448.03 (1), 448.03 (2) (intro.), 448.03 (2) (c), 448.03 (2) (d), 448.03 (2) (e), 448.03 (3) (f) 3. a., 448.03 (3) (g) 3. a., 448.03 (5) (a), 448.04 (1) (c), 448.04 (3), 448.05 (1) (d), 448.07 (1) (a), 448.07 (2), 448.08 (1), 448.08 (2), 448.08 (4), 448.09 (1), 448.09 (2), 448.10 (5), 448.11, 448.21 (1) (d), 448.40 (1), 448.86 (1), 450.10 (3) (a) 5m., 450.11 (8) (b), 632.895 (1) (b) 5. b. and 655.45 (1); and to create 15.406 (3), 180.1901 (1m) (bk), 448.015 (intro.), subchapter IV of chapter 448 [precedes 448.60] and 450.11 (8) (bm) of the statutes; relating to: the regulation of podiatrists, licensure and continuing education requirements for podiatrists, abolishing the podiatry examining council and creating a podiatrists affiliated credentialing board, the members of an examining board entitled to vote to suspend or revoke a credential issued by the examining board, granting rule-making authority and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, with exceptions, a person must be licensed as a podiatrist by the medical examining board (MEB) in the department of regulation and licensing (DORL) in order to practice podiatry or podiatric medicine and surgery or to represent himself or herself to the public as a podiatrist.

This bill creates a 4-member podiatrists affiliated credentialing board (PACB) in DORL consisting of 3 podiatrists and one public member, and transfers to PACB all authority that MEB has under current law relating to the regulation of podiatrists. In addition, the bill does all of the following with respect to the regulation of podiatrists:

1. Under current law, an applicant for a podiatrist license must have graduated from a school of podiatric medicine and surgery approved by MEB with the degree of doctor of podiatric medicine or an equivalent degree. Under this bill, PACB may waive the requirement of graduation from a school of podiatric medicine and surgery approved by PACB if the applicant shows, among other things, that he or she graduated from a podiatry school approved by the licensing jurisdiction of another state. In addition, this bill also requires an applicant to have completed 12 months of postgraduate training in a program approved by PACB.

2. Under this bill, if an applicant passes the podiatry examinations required by PACB for a license, PACB is prohibited from testing the applicant for proficiency in the English language if the sole reason for the testing is that the applicant was educated at a podiatry school outside the United States. There is no comparable prohibition under current law.

3. To qualify for a podiatrist license under current law, a person must meet education, examination and other requirements and must also be found qualified by three-fourths of the members of MEB. For a temporary podiatrist license, current law requires a person to be found qualified by 2 members of MEB. Except as described above in items 1 and 2, this bill retains the education, examination and other requirements that a person must satisfy for PACB to issue a podiatrist license, but does not require PACB to find that a person is qualified.

4. Current law does not require a licensed podiatrist to meet continuing education requirements. This bill requires a podiatrist to complete, every 2 years, 30 hours of continuing education in courses approved by PACB.

5. Under current law, a health care practitioner licensed or certified by MEB, including a podiatrist, must register with MEB every 2 years, pay a license or certificate renewal fee, and display a certificate of registration in his or her office at all times. Registration with MEB is deemed to satisfy any statutory requirement to renew a license or certificate. This bill does not require a podiatrist to register with PACB. Instead, a podiatrist must renew his or her license every 2 years by submitting a renewal form to DORL and paying a renewal fee. In addition, the renewal form must be accompanied by proof that the podiatrist completed the continuing education requirements described above in item 4.

Finally, current law requires the affirmative vote of two-thirds of the membership of an examining board to suspend or revoke a credential that the examining board issued to a person and that entitles the person to practice a trade or profession. This bill requires an affirmative vote of two-thirds of the voting membership of the examining board to suspend or revoke a credential. Currently, MEB and the nursing home administrator examining board each have one nonvoting member. Thus, under the bill, the nonvoting member on these examining boards would not be counted for purposes of determining whether two-thirds of the examining board's members had voted to suspend or revoke a credential.

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:

AB1090, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB1090,3,11 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, podiatry examining council, occupational therapy 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 examining board of social workers, marriage and family therapists and professional counselors and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB1090, s. 2 Section 2. 15.08 (4) (b) of the statutes is amended to read:

AB1090,4,4 15.08 (4) (b) Notwithstanding par. (a), no certificate or license which entitles the person certified or licensed to practice a trade or profession shall be suspended or revoked without the affirmative vote of two-thirds of the voting membership of the examining board.

AB1090, s. 3 Section 3. 15.085 (1m) (b) of the statutes is amended to read:

AB1090,4,9 15.085 (1m) (b) The public members of the physical therapists affiliated credentialing board and the podiatrists affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB1090, s. 4 Section 4. 15.406 (2) (a) 1. of the statutes is amended to read:

AB1090,4,11 15.406 (2) (a) 1. Three dietitians who are certified under subch. IV V of ch. 448.

AB1090, s. 5 Section 5. 15.406 (3) of the statutes is created to read:

AB1090,4,16 15.406 (3) podiatrists affiliated credentialing board. There is created in the department of regulation and licensing, attached to the medical examining board, a podiatrists affiliated credentialing board consisting of the following members appointed for 4-year terms:

AB1090,4,17 (a) Three podiatrists who are licensed under subch. IV of ch. 448.

AB1090,4,18 (b) One public member.

AB1090, s. 6 Section 6. 15.407 (1) (b) of the statutes is repealed.

AB1090, s. 7 Section 7. 49.45 (3) (k) of the statutes is amended to read:

AB1090,4,24 49.45 (3) (k) If a physician performs a surgical procedure that is within the scope of practice of a podiatrist, as defined in s. 448.01 (7) 448.60 (3), the allowable charge for the procedure may not exceed the charge the department determines is reasonable.

AB1090, s. 8 Section 8. 50.09 (6) (b) of the statutes is amended to read:

AB1090,5,8 50.09 (6) (b) Allegations of violations of such rights by persons licensed, certified or registered under chs. 441, 446 to 450, 455 and 456 shall be promptly reported by the facility to the appropriate licensing or , examining or affiliated credentialing board and to the person against whom the allegation has been made. Any employe of the facility and any person licensed, certified or registered under chs. 441, 446 to 450, 455 and 456 may also report such allegations to the board. Such board may make further investigation and take such disciplinary action, within the board's statutory authority, as the case requires.

AB1090, s. 9 Section 9. 50.36 (3) of the statutes is amended to read:

AB1090,5,17 50.36 (3) (a) Any person licensed to practice medicine and surgery under subch. II of ch. 448 or podiatry under ss. 448.05 and 448.06 subch. IV of ch. 448 shall be afforded an equal opportunity to obtain hospital staff privileges and may not be denied hospital staff privileges solely for the reason that the person is an osteopathic physician and surgeon or a podiatrist. Each individual hospital shall retain the right to determine whether the applicant's training, experience and demonstrated competence is sufficient to justify the granting of hospital staff privileges or is sufficient to justify the granting of limited hospital staff privileges.

AB1090,5,25 (b) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatrists affiliated credentialing board, for any reasons that include the quality of or ability to practice, loses his or her hospital staff privileges, has his or her hospital staff privileges reduced or resigns from the hospital staff, the hospital shall so notify the medical examining board or podiatrists affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB1090,6,9 (c) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatrists affiliated credentialing board, for reasons that do not include the quality of or ability to practice, loses his or her hospital staff privileges for 30 days or more, has his or her hospital staff privileges reduced for 30 days or more or resigns from the hospital staff for 30 days or more, the hospital shall so notify the medical examining board or podiatrists affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB1090, s. 10 Section 10. 50.39 (3) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB1090,6,20 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

AB1090, s. 11 Section 11. 146.37 (1g) of the statutes is amended to read:

AB1090,7,11 146.37 (1g) Except as provided in s. 153.85, no person acting in good faith who participates in the review or evaluation of the services of health care providers or facilities or the charges for such services conducted in connection with any program organized and operated to help improve the quality of health care, to avoid improper utilization of the services of health care providers or facilities or to determine the reasonable charges for such services, or who participates in the obtaining of health care information under ch. 153, is liable for any civil damages as a result of any act or omission by such person in the course of such review or evaluation. Acts and omissions to which this subsection applies include, but are not limited to, acts or omissions by peer review committees or hospital governing bodies in censuring, reprimanding, limiting or revoking hospital staff privileges or notifying the medical examining board or podiatrists affiliated credentialing board under s. 50.36 or taking any other disciplinary action against a health care provider or facility and acts or omissions by a medical director, as defined in s. 146.50 (1) (j), in reviewing the performance of emergency medical technicians or ambulance service providers.

AB1090, s. 12 Section 12. 146.81 (1) (em) of the statutes, as created by 1993 Wisconsin Act 443, is amended to read:

AB1090,7,15 146.81 (1) (em) A dietitian certified under subch. IV V of ch. 448. This paragraph does not apply after June 30, 1999.

AB1090, s. 13 Section 13. 180.1901 (1m) (bk) of the statutes is created to read:

AB1090,7,18 180.1901 (1m) (bk) Podiatrists affiliated credentialing board under subch. IV of ch. 448.

AB1090, s. 14 Section 14. 180.1901 (1m) (br) of the statutes, as created by 1995 Wisconsin Act .... (Assembly Bill 325), is amended to read:

AB1090,7,22 180.1901 (1m) (br) Dietitians affiliated credentialing board under subch. IV V of ch. 448. This paragraph does not apply after June 30, 1999.

AB1090, s. 15 Section 15. 252.10 (7) of the statutes, as affected by 1993 Wisconsin Act 443, is amended to read: