AB299: Bill Text

AB299,3,17 (4) The examining board shall promulgate rules establishing all of the following:

AB299,3,19 (a) The education and experience requirements that a chiropractor must meet to be qualified to provide an independent evaluation.

AB299,3,25 (b) A procedure for certifying that a chiropractor meets the education and experience requirements established by the rules promulgated under par. (a). The procedure shall include an annual examination of a chiropractor who is certified to provide independent evaluations to determine whether he or she satisfies the education and experience requirements established by the rules promulgated under par. (a).

AB299,4,2 (c) A procedure to determine, at least once each year, whether a chiropractor satisfies the requirements under sub. (2) (b) and (c).

AB299,4,4 (5) A chiropractor providing an independent evaluation shall do all of the following:

AB299,4,6 (a) Record all information gathered during the independent evaluation on a standard form prescribed by the examining board.

AB299,4,9 (c) Provide, to the treating chiropractor and to all other chiropractors who are treating the patient whose treatment is the subject of the independent evaluation, a written statement that contains all of the following:

AB299,4,11 1. The name and address of the chiropractor providing the independent evaluation.

AB299,4,13 2. A statement that he or she is providing an independent evaluation under s. 632.87 (3) (b) 1.

AB299,4,14 3. The name of the treating chiropractor.

AB299,4,15 4. The name of the patient.

AB299,4,20 (d) Provide a copy of the report of the independent evaluation to the treating chiropractor and to all other chiropractors who are treating the patient. The copy of the report provided under this paragraph shall include a list of the records and documents reviewed as part of the independent evaluation by the chiropractor providing the independent evaluation.

AB299,4,21 (e) Comply with the requirements of s. 632.87 (3) (bd), if applicable.

AB299,5,2 (6) The examining board shall promulgate rules establishing a procedure for expert review of independent evaluations under s. 632.87 (3) (bt) and a procedure for certifying persons to conduct expert reviews. No person may be certified under this subsection to conduct expert reviews under s. 632.87 (3) (bt) unless he or she meets all of the following requirements:

AB299,5,3 (a) He or she is a chiropractor licensed under this chapter.

AB299,5,4 (b) He or she satisfies all of the requirements under sub. (2).

AB299,5,6 (c) He or she has practiced chiropractic for at least 10 years at the time that he or she applies for certification as an expert reviewer.

AB299,5,9 (d) He or she has, since graduation from a school of chiropractic, completed at least 300 hours of course work sponsored by a school approved by a council on chiropractic education.

AB299,5,11 (e) He or she is eligible to take an examination administered by the board or council of the professional association that governs his or her practice specialty.

AB299, s. 2 Section 2. 446.03 (6) of the statutes is amended to read:

AB299,5,14 446.03 (6) Has continued practice, knowingly having an infectious or contagious disease; or

AB299, s. 3 Section 3. 446.03 (7) of the statutes is amended to read:

AB299,5,18 446.03 (7) If the applicant or registrant maintains Maintains a professional connection or association with any other person continuing to violate this chapter after 10 days' notice in writing by the department.; or

AB299, s. 4 Section 4. 446.03 (8) of the statutes is created to read:

AB299,5,21 446.03 (8) Acted in an unprofessional manner while providing an examination, evaluation or recommendation under s. 632.87 (3) (b) 1.

AB299, s. 5 Section 5. 632.87 (3) (b) 1. of the statutes is amended to read:

AB299,6,5 632.87 (3) (b) 1. Restrict or terminate coverage for the treatment of a condition or a complaint by a licensed chiropractor within the scope of the chiropractor's professional license on the basis of other than an examination or evaluation by or a recommendation of a licensed chiropractor who satisfies the requirements under s. 446.025 (2) or a peer review committee that includes a licensed chiropractor who satisfies the requirements under s. 446.025 (2). An examination, evaluation or recommendation under this subdivision shall be provided in accordance with par. (bd) and s. 446.025 (5).

AB299, s. 6 Section 6. 632.87 (3) (bd), (bp) and (bt) of the statutes are created to read:

AB299,6,12 632.87 (3) (bd) If an examination, evaluation or recommendation under par. (b) 1. requires a physical examination of the patient whose treatment is the subject of the examination, evaluation or recommendation, the chiropractor who conducts the examination or evaluation or gives the recommendation shall be within a reasonable proximity to the chiropractor whose treatment of the patient is the subject of the examination, evaluation or recommendation.

AB299,6,17 (bp) 1. In this paragraph, "claim" means an insured's claim for coverage, under a policy, plan or contract covering diagnosis and treatment of a condition or complaint by a licensed chiropractor within the scope of the chiropractor's professional license, the restriction or termination of which coverage is the subject of an examination, evaluation or recommendation under par. (b) 1.

AB299,6,21 2. A chiropractor who conducts an examination or evaluation or who gives a recommendation under par. (b) 1. may not be compensated by an insurer based on a percentage of the dollar amount by which a claim is reduced as a result of the examination, evaluation or recommendation.

AB299,7,3 (bt) 1. A chiropractor whose treatment of a patient is the subject of an examination, evaluation or recommendation under par. (b) 1. may request an expert review of the examination, evaluation or recommendation by a chiropractor who is qualified to conduct an expert review under s. 446.025 (6). The chiropractor who conducts an expert review under this paragraph shall issue a written opinion on the necessity of the treatment being provided by the chiropractor who is seeking the expert review.

AB299,7,9 2. The chiropractor who seeks the expert review under this paragraph shall pay the cost of the expert review if the expert review affirms the conclusions of the evaluation or examination or concurs in the recommendation under par. (b) 1. The insurer shall pay the cost of the expert review if the expert review rejects the conclusions of the evaluation or examination or rejects the recommendation under par. (b) 1.

AB299,7,12 3. An expert review under this paragraph shall be conducted in accordance with the rules promulgated under s. 446.025 (6). No person may conduct expert reviews under this paragraph unless he or she is certified under s. 446.025 (6).

AB299, s. 7 Section 7. Nonstatutory provisions.

AB299,7,17 (1)  The chiropractic examining board shall submit in proposed form the rules required under section 446.025 (4) and (6) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB299,7,18 (End)