AB1090: Bill Text

AB1090, s. 49 Section 49. 448.07 (2) of the statutes is amended to read:

AB1090,16,14 448.07 (2) Fees. The fees for examination and licenses granted or renewed under this chapter subchapter are specified in ss. 440.05 and 440.08.

AB1090, s. 50 Section 50. 448.075 (title) of the statutes is renumbered 448.655 (title) and amended to read:

AB1090,16,17 448.655 (title) Podiatrists; malpractice Malpractice liability insurance.

AB1090, s. 51 Section 51. 448.075 (1) (intro.) of the statutes is renumbered 448.655 (1) (intro.) and amended to read:

AB1090,16,22 448.655 (1) (intro.)  Every A licensed podiatrist shall annually submit to the affiliated credentialing board evidence satisfactory to the affiliated credentialing board of that the podiatrist satisfies one of the following:

AB1090, s. 52 Section 52. 448.075 (1) (a) of the statutes is renumbered 448.655 (1) (a) and amended to read:

AB1090,17,3 448.655 (1) (a) That the The podiatrist has in effect malpractice liability insurance coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

AB1090, s. 53 Section 53. 448.075 (1) (b) (intro.) of the statutes is renumbered 448.655 (1) (b) (intro.) and amended to read:

AB1090,17,7 448.655 (1) (b) (intro.) That the The podiatrist meets all of the following conditions:

AB1090,17,8 1. The podiatrist's principal place of practice is not in this state; that the.

AB1090,17,10 2. The podiatrist will not be engaged in the practice of podiatry in this state for more than 240 hours during the following 12 months; that the.

AB1090,17,13 3. The podiatrist has in effect malpractice liability insurance coverage that covers services provided by the podiatrist to patients in this state ; if the podiatrist and which is in one of the following amounts:

AB1090,17,19 a. At least the minimum amount of malpractice liability insurance coverage that is required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, that the podiatrist has in effect at least that minimum amount of malpractice liability insurance coverage; and, if.

AB1090,17,25 b. If the podiatrist is not required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, that the podiatrist has in effect at least the minimum amount of malpractice liability insurance coverage that the affiliated credentialing board determines is necessary to protect the public.

AB1090,18,3 (2) For purposes of this paragraph sub. (1), a podiatrist's principal place of practice is not in this state if the affiliated credentialing board determines that, during the following 12 months, any of the following applies:

AB1090, s. 54 Section 54. 448.075 (1) (b) 1., 2. and 3. of the statutes are renumbered 448.655 (2) (a), (b) and (c).

AB1090, s. 55 Section 55. 448.075 (2) of the statutes is renumbered 448.655 (3) and amended to read:

AB1090,18,10 448.655 (3) The affiliated credentialing board may suspend, revoke or refuse to issue or renew the license of a podiatrist who fails to procure or to submit proof of the malpractice liability insurance coverage required under sub. (1).

AB1090, s. 56 Section 56. 448.08 (1) of the statutes is amended to read:

AB1090,18,18 448.08 (1) Fee splitting. Except as otherwise provided in this section, no person licensed or certified under this chapter subchapter may give or receive, directly or indirectly, to or from any person, firm or corporation any fee, commission, rebate or other form of compensation or anything of value for sending, referring or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally or at his or her direction.

AB1090, s. 57 Section 57. 448.08 (2) of the statutes is amended to read:

AB1090,19,6 448.08 (2) Separate billing required. Any person licensed under this chapter subchapter who renders any medical or surgical service or assistance whatever, or gives any medical, surgical or any similar advice or assistance whatever to any patient, physician or corporation, or to any other institution or organization of any kind, including a hospital, for which a charge is made to such patient receiving such service, advice or assistance, shall, except as authorized by Title 18 or Title 19 of the federal social security act, render an individual statement or account of the charges therefor directly to such patient, distinct and separate from any statement or account by any physician or other person, who has rendered or who may render any medical, surgical or any similar service whatever, or who has given or may give any medical, surgical or similar advice or assistance to such patient, physician, corporation, or to any other institution or organization of any kind, including a hospital.

AB1090, s. 58 Section 58. 448.08 (4) of the statutes, as affected by 1995 Wisconsin Act .... (Assembly Bill 325), is amended to read:

AB1090,19,18 448.08 (4) Professional partnerships and corporations permitted. Notwithstanding any other provision in this section, it is lawful for 2 or more physicians or 2 or more podiatrists, who have entered into a bona fide partnership for the practice of medicine or podiatry, to render a single bill for such services in the name of such partnership;, and it also is lawful for a service corporation to render a single bill for services in the name of the corporation; , provided that each individual physician or podiatrist that renders billed services and each individual licensed, registered or certified under subch. III or IV of this chapter or ch. 446, 449, 450, 455, 457 or 459 that renders billed services is individually identified as having rendered such services.

AB1090, s. 59 Section 59. 448.09 (1) of the statutes is amended to read:

AB1090,19,22 448.09 (1) Penalties. Anyone violating s. 448.08 (3) may be fined not more than $250. Anyone violating any other provision of this chapter subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB1090, s. 60 Section 60. 448.09 (2) of the statutes is amended to read:

AB1090,20,3 448.09 (2) Appeal. Any person aggrieved by any action taken under this chapter subchapter by the 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 board within 30 days. No court of this state may enter an ex parte stay of any action taken by the board under this chapter subchapter.

AB1090, s. 61 Section 61. 448.10 (2) of the statutes is repealed.

AB1090, s. 62 Section 62. 448.10 (5) of the statutes is amended to read:

AB1090,20,10 448.10 (5) Midwifery. Any person who, on May 7, 1953, was practicing midwifery in this state under a certificate of registration issued by the examining board may continue to so practice under such certificate but subject to the provisions of ch. 150, 1951 stats., as in effect prior to such date and subject to the other provisions of this chapter subchapter.

AB1090, s. 63 Section 63. 448.11 of the statutes is amended to read:

AB1090,20,18 448.11 Injunction. If it appears upon complaint to the board by any person or if it is known to the board that any person is violating this chapter subchapter, or rules adopted by the board under this chapter subchapter, the board or the attorney general may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state against any such person to enjoin such person from such violation. The attorney general shall represent the board in all proceedings.

AB1090, s. 64 Section 64. 448.21 (1) (d) of the statutes is amended to read:

AB1090,20,21 448.21 (1) (d) The practice of podiatry within the meaning of s. 448.01 (8) 448.60 (4).

AB1090, s. 65 Section 65. 448.40 (1) of the statutes is amended to read:

AB1090,20,24 448.40 (1) The board may promulgate rules to carry out the purposes of this chapter subchapter.

AB1090, s. 66 Section 66. Subchapter IV of chapter 448 [precedes 448.70] of the statutes, as created by 1993 Wisconsin Act 443, is renumbered subchapter V of chapter 448 [precedes 448.70].

AB1090, s. 67 Section 67. Subchapter IV of chapter 448 [precedes 448.60] of the statutes is created to read:

AB1090,21,6 Chapter 448

AB1090,21,7 subchapter Iv

AB1090,21,9 podiatrists affiliated credentialing board

AB1090,21,11 448.60 Definitions. (1) "Affiliated credentialing board" means the podiatrists affiliated credentialing board.

AB1090,21,12 (2) "Licensee" means a person who is licensed under this subchapter.

AB1090,21,15 (5) "Unprofessional conduct" means an act or attempted act of commission or omission, as defined by the affiliated credentialing board by rule under s. 448.695 (1), or an act by a podiatrist in violation of ch. 161 or 450.

AB1090,21,22 448.61 License required. Except as provided in s. 448.62, no person may practice podiatry, designate himself or herself as a podiatrist, use or assume the title "doctor of surgical chiropody", "doctor of podiatry", "doctor of podiatric medicine", or append to the person's name the words or letters "doctor", "Dr.", "D.S.C.", "D.P.M.", "foot doctor", "foot specialist" or any other title, letters or designation which represents or may tend to represent the person as a podiatrist unless the person is licensed under this subchapter.

AB1090,21,24 448.62 Applicability. This subchapter does not require a license for any of the following:

AB1090,22,2 (1) A person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.

AB1090,22,4 (2) A person assisting a podiatrist in practice under the direct, on-premises supervision of the podiatrist.

AB1090,22,6 (3) A podiatry student engaged in activities required for his or her education or training.

AB1090,22,9 (4) A podiatrist who is licensed to practice podiatry in another state or country and is providing a consultation or demonstration with a podiatrist who is licensed under this subchapter.

AB1090,22,11 (5) A person performing the gratuitous domestic administration of family remedies.

AB1090,22,13 (6) A person furnishing medical assistance or first aid at the scene of an emergency.

AB1090,22,16 448.63 Licensure of podiatrists. (1) Subject to sub. (4), the affiliated credentialing board shall grant a license as a podiatrist to a person who does all of the following:

AB1090,22,18 (a) Submits an application for the license to the department on a form provided by the department.

AB1090,22,19 (b) Pays the fee specified in s. 440.05 (1).

AB1090,22,22 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing board that the applicant does not have an arrest or conviction record.

AB1090,22,24 (d) Submits evidence satisfactory to the affiliated credentialing board of all of the following:

AB1090,23,5 1. That the applicant is a graduate of a school of podiatric medicine and surgery approved by the affiliated credentialing board and possesses a diploma from such school conferring the degree of doctor of podiatric medicine, or equivalent degree as determined by the affiliated credentialing board, unless the affiliated credentialing board waives these requirements under sub. (2).

AB1090,23,7 2. That the applicant has completed 12 months of postgraduate training in a program approved by the affiliated credentialing board.

AB1090,23,8 (e) Passes an examination under s. 448.64.

AB1090,23,11 (2) The affiliated credentialing board may waive the requirement under sub. (1) (d) 1. for an applicant who establishes, to the satisfaction of the affiliated credentialing board, all of the following:

AB1090,23,12 (a) That he or she is a graduate of a podiatry school.

AB1090,23,14 (b) That he or she is licensed as a podiatrist by another licensing jurisdiction in the United States.

AB1090,23,17 (c) That the jurisdiction in which he or she is licensed required the licensee to be a graduate of a school approved by the licensing jurisdiction or of a school that the licensing jurisdiction evaluated for education equivalency.

AB1090,23,20 (d) That he or she has actively practiced podiatry, under the license issued by the other licensing jurisdiction in the United States, for at least 3 years immediately preceding the date of his or her application.

AB1090,23,22 (3) The affiliated credentialing board may promulgate rules providing for various classes of temporary licenses to practice podiatry.

AB1090,24,3 (4) The affiliated credentialing board may grant a limited license to an applicant for a license under sub. (1) if the affiliated credentialing board finds that the applicant has not demonstrated adequate education, training or performance on any past examination or in any past practice, and that, based upon considerations of public health and safety, the applicant does not qualify for full licensure under sub. (1).

AB1090,24,6 448.64 Examination. (1) The affiliated credentialing board shall conduct or arrange for examinations for podiatrist licensure at least semiannually and at times and places determined by the affiliated credentialing board.

AB1090,24,9 (2) Except as provided in sub. (3), examinations shall consist of written or oral tests, or both, requiring an applicant to demonstrate minimum competency in subjects substantially related to the practice of podiatry.

AB1090,24,14 (3) The affiliated credentialing board may not require an applicant to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a podiatry school that is not in the United States if the applicant establishes, to the satisfaction of the affiliated credentialing board, that he or she satisfies the requirements under s. 448.63 (2).

AB1090,24,17 (4) The affiliated credentialing board may require an applicant who fails to appear for or to complete an examination under this section to reapply for licensure before being admitted to a subsequent examination.

AB1090,24,25 (5) An applicant who fails to pass an examination under this section may request reexamination, and may be reexamined not more than twice at not less than 4-month intervals, and shall pay a reexamination fee for each reexamination. An applicant who fails to pass an examination on the 2nd such reexamination may not be admitted to further examination until the applicant reapplies for licensure and submits evidence that shows, to the satisfaction of the affiliated credentialing board, that he or she has completed additional education or received additional professional training.

AB1090,25,3 448.65 Issuance of license; expiration and renewal; duplicate license. (1) The department shall issue a certificate of licensure to each person who is licensed under this subchapter.

AB1090,25,8 (2) The renewal date for a license granted under this subchapter, other than a temporary license granted under rules promulgated under s. 448.63 (3), is specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall be accompanied by all of the following:

AB1090,25,9 (a) The renewal fee specified in s. 440.08 (2) (a).

AB1090,25,10 (b) Proof of completion of continuing education requirements in s. 448.665.

AB1090,25,17 (3) A licensee whose license is lost, stolen or destroyed may apply to the department for a duplicate license. Duplicate license applications shall be submitted to the department on a form provided by the department and shall be accompanied by the fee specified under s. 440.05 (7) and an affidavit setting out the circumstances of the loss, theft or destruction of the license. Upon receipt of an application under this subsection, the department shall issue a duplicate license bearing on its face the word "duplicate".

AB1090,25,21 448.66 Malpractice. A person who practices podiatry without having a license under this subchapter may be liable for malpractice, and his or her ignorance of a duty ordinarily performed by a licensed podiatrist shall not limit his or her liability for an injury arising from his or her practice of podiatry.

AB1090,26,8 448.665 Continuing education. The affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter. The rules shall require a licensee to complete at least 30 hours of continuing education programs or courses of study within each 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a). The affiliated credentialing board may waive all or part of these requirements for the completion of continuing education programs or courses of study if the affiliated credentialing board determines that prolonged illness, disability or other exceptional circumstances have prevented a licensee from completing the requirements. This section does not apply to applications for renewal that are due on November 1, 1997.

AB1090,26,14 448.67 Practice requirements. (1) Fee splitting. No licensee may give or receive, directly or indirectly, to or from any other person any fee, commission, rebate or other form of compensation or anything of value for sending, referring or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally by the licensee or at the licensee's direction.

AB1090,26,23 (2) Separate billing required. Except as provided in sub. (4), a licensee who renders any podiatric service or assistance whatever, or gives any podiatric advice or any similar advice or assistance whatever, to any patient, podiatrist, physician, partnership or corporation, or to any other institution or organization of any kind, including a hospital, for which a charge is made to a patient, shall, except as authorized by Title 18 or Title 19 of the federal social security act, render an individual statement or account of the charge directly to the patient, distinct and separate from any statement or account by any other podiatrist, physician or other person.

AB1090,27,3 (3) Billing for tests performed by the state laboratory of hygiene. A licensee who charges a patient, other person or 3rd-party payer for services performed by the state laboratory of hygiene shall identify the actual amount charged by the state laboratory of hygiene and shall restrict charges for those services to that amount.

AB1090,27,10 (4) Billing by professional partnerships and corporations. If 2 or more podiatrists have entered into a bona fide partnership or formed a service corporation for the practice of podiatry, the partnership or corporation may not render a single bill for podiatry services provided in the name of the partnership or corporation unless each individual licensed, registered or certified under this chapter or ch. 446, 449, 450, 455, 457 or 459, who provided services is individually identified on the bill as having rendered those services.

AB1090,27,23 448.675 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.

AB1090,28,12 (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.

AB1090,28,23 (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.

AB1090,28,25 (e) A person whose license is limited shall be permitted to continue practice if the person agrees to do all of the following: