LRB-2375/3
MDK&TNF:kmg&jlg:jf
1997 - 1998 LEGISLATURE
May 22, 1997 - Introduced by Representatives Underheim, Robson, Duff,
Handrick, Jensen, Kreuser, Ladwig, La Fave, F. Lasee, J. Lehman, Notestein,
Johnsrud, Ourada, Plale, Porter, Powers, Springer
and Turner,
cosponsored by Senators Wirch, Breske, Drzewiecki, Fitzgerald, Plache,
Rosenzweig, Rude, Weeden
and Roessler. Referred to Committee on Health.
AB382,2,5 1An Act to repeal 15.407 (1) (b), 448.03 (3) (c), 448.03 (4) (title), 448.04 (1) (d),
2448.05 (3) and 448.10 (2); to renumber 448.01 (1), 448.01 (9g), 448.01 (9m),
3448.075 (1) (b) 1., 2. and 3. and subchapter IV of chapter 448 [precedes 448.70];
4to renumber and amend 448.01 (7), 448.01 (8), 448.01 (11), 448.03 (4),
5448.075 (title), 448.075 (1) (intro.), 448.075 (1) (a), 448.075 (1) (b) (intro.) and
6448.075 (2); to amend 15.08 (1m) (b), 15.085 (1m) (b), 15.406 (2) (a) 1., 49.45
7(3) (k), 50.09 (6) (b), 50.36 (3), 50.39 (3), 146.37 (1g), 146.81 (1) (em), 180.1901
8(1m) (br), 252.10 (7), 252.14 (1) (ar) 4m., 448.01 (2g), 448.01 (2r), 448.01 (5),
9448.01 (6), 448.01 (12), 448.02 (1), 448.02 (3) (a), 448.02 (4), 448.02 (6), 448.03
10(1), 448.03 (2) (intro.), 448.03 (2) (c), 448.03 (2) (d), 448.03 (2) (e), 448.03 (3) (f)
113. a., 448.03 (3) (g) 3. a., 448.03 (5) (a), 448.04 (1) (c), 448.04 (3), 448.05 (1) (d),
12448.07 (1) (a), 448.07 (1) (d), 448.07 (2), 448.08 (1m), 448.08 (2), 448.08 (4),
13448.09 (1), 448.09 (2), 448.10 (5), 448.11, 448.13 (1), 448.21 (1) (d), 448.40 (1),
14448.86 (1), 450.10 (3) (a) 5m., 450.11 (8) (b), 632.895 (1) (b) 5. b. and 655.45 (1);

1and to create 15.406 (3), 180.1901 (1m) (bk), 448.015 (intro.), subchapter IV of
2chapter 448 [precedes 448.60] and 450.11 (8) (bm) of the statutes; relating to:
3the regulation and licensure of podiatrists, abolishing the podiatry examining
4council and creating a podiatrists affiliated credentialing board, granting
5rule-making authority and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, with certain 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, this 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, and have completed 12
months of postgraduate training in a program approved by MEB. Under the 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. The bill also requires an applicant to have completed 12 months of
postgraduate training in a program approved by PACB.
2. Under the 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 and the applicant satisfies
the conditions for waiver from the requirement of graduation from a school of
podiatric medicine and surgery approved by PACB. 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, including being 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 a podiatrist license, but does not
require PACB to find that the person is qualified.

4. Under current law, a health care practitioner licensed or certified by MEB,
including a podiatrist, must register with MEB every 2 years, meet continuing
education requirements, 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. The
bill eliminates this registration requirement. 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 continuing education requirements.
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:
AB382, s. 1 1Section 1. 15.08 (1m) (b) of the statutes is amended to read:
AB382,3,112 15.08 (1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board, the medical
4examining board, podiatry examining council, occupational therapy examining
5council, respiratory care practitioners examining council and council on physician
6assistants, the board of nursing, the nursing home administrator examining board,
7the veterinary examining board, the optometry examining board, the pharmacy
8examining board, the examining board of social workers, marriage and family
9therapists and professional counselors and the psychology examining board shall not
10be engaged in any profession or occupation concerned with the delivery of physical
11or mental health care.
AB382, s. 2 12Section 2. 15.085 (1m) (b) of the statutes is amended to read:
AB382,3,1613 15.085 (1m) (b) The public members of the physical therapists affiliated
14credentialing board and the podiatrists affiliated credentialing board shall not be
15engaged in any profession or occupation concerned with the delivery of physical or
16mental health care.
AB382, s. 3
1Section 3. 15.406 (2) (a) 1. of the statutes is amended to read:
AB382,4,22 15.406 (2) (a) 1. Three dietitians who are certified under subch. IV V of ch. 448.
AB382, s. 4 3Section 4. 15.406 (3) of the statutes is created to read:
AB382,4,74 15.406 (3) Podiatrists affiliated credentialing board. There is created in the
5department of regulation and licensing, attached to the medical examining board, a
6podiatrists affiliated credentialing board consisting of the following members
7appointed for 4-year terms:
AB382,4,88 (a) Three podiatrists who are licensed under subch. IV of ch. 448.
AB382,4,99 (b) One public member.
AB382, s. 5 10Section 5. 15.407 (1) (b) of the statutes is repealed.
AB382, s. 6 11Section 6. 49.45 (3) (k) of the statutes is amended to read:
AB382,4,1512 49.45 (3) (k) If a physician performs a surgical procedure that is within the
13scope of practice of a podiatrist, as defined in s. 448.01 (7) 448.60 (3), the allowable
14charge for the procedure may not exceed the charge the department determines is
15reasonable.
AB382, s. 7 16Section 7. 50.09 (6) (b) of the statutes is amended to read:
AB382,4,2417 50.09 (6) (b) Allegations of violations of such rights by persons licensed,
18certified or registered under chs. 441, 446 to 450, 455 and 456 shall be promptly
19reported by the facility to the appropriate licensing or , examining or affiliated
20credentialing
board and to the person against whom the allegation has been made.
21Any employe of the facility and any person licensed, certified or registered under chs.
22441, 446 to 450, 455 and 456 may also report such allegations to the board. Such
23board may make further investigation and take such disciplinary action, within the
24board's statutory authority, as the case requires.
AB382, s. 8 25Section 8. 50.36 (3) of the statutes is amended to read:
AB382,5,8
150.36 (3) (a) Any person licensed to practice medicine and surgery under subch.
2II of ch. 448
or podiatry under ss. 448.05 and 448.06 subch. IV of ch. 448 shall be
3afforded an equal opportunity to obtain hospital staff privileges and may not be
4denied hospital staff privileges solely for the reason that the person is an osteopathic
5physician and surgeon or a podiatrist. Each individual hospital shall retain the right
6to determine whether the applicant's training, experience and demonstrated
7competence is sufficient to justify the granting of hospital staff privileges or is
8sufficient to justify the granting of limited hospital staff privileges.
AB382,5,169 (b) If, as a result of peer investigation or written notice thereof, a hospital staff
10member who is licensed by the medical examining board or podiatrists affiliated
11credentialing board
, for any reasons that include the quality of or ability to practice,
12loses his or her hospital staff privileges, has his or her hospital staff privileges
13reduced or resigns from the hospital staff, the hospital shall so notify the medical
14examining board or podiatrists affiliated credentialing board, whichever is
15applicable,
within 30 days after the loss, reduction or resignation takes effect.
16Temporary suspension due to incomplete records need not be reported.
AB382,5,2517 (c) If, as a result of peer investigation or written notice thereof, a hospital staff
18member who is licensed by the medical examining board or podiatrists affiliated
19credentialing board
, for reasons that do not include the quality of or ability to
20practice, loses his or her hospital staff privileges for 30 days or more, has his or her
21hospital staff privileges reduced for 30 days or more or resigns from the hospital staff
22for 30 days or more, the hospital shall so notify the medical examining board or
23podiatrists affiliated credentialing board, whichever is applicable,
within 30 days
24after the loss, reduction or resignation takes effect. Temporary suspension due to
25incomplete records need not be reported.
AB382, s. 9
1Section 9. 50.39 (3) of the statutes is amended to read:
AB382,6,102 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09,
358.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
4938.02 (15m), correctional institutions governed by the department of corrections
5under s. 301.02 and the offices and clinics of persons licensed to treat the sick under
6chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do
7not abridge the rights of the medical examining board, physical therapists affiliated
8credentialing board, podiatrists affiliated credentialing board, dentistry examining
9board, pharmacy examining board, chiropractic examining board and board of
10nursing in carrying out their statutory duties and responsibilities.
AB382, s. 10 11Section 10. 146.37 (1g) of the statutes is amended to read:
AB382,7,212 146.37 (1g) Except as provided in s. 153.85, no person acting in good faith who
13participates in the review or evaluation of the services of health care providers or
14facilities or the charges for such services conducted in connection with any program
15organized and operated to help improve the quality of health care, to avoid improper
16utilization of the services of health care providers or facilities or to determine the
17reasonable charges for such services, or who participates in the obtaining of health
18care information under ch. 153, is liable for any civil damages as a result of any act
19or omission by such person in the course of such review or evaluation. Acts and
20omissions to which this subsection applies include, but are not limited to, acts or
21omissions by peer review committees or hospital governing bodies in censuring,
22reprimanding, limiting or revoking hospital staff privileges or notifying the medical
23examining board or podiatrists affiliated credentialing board under s. 50.36 or taking
24any other disciplinary action against a health care provider or facility and acts or

1omissions by a medical director, as defined in s. 146.50 (1) (j), in reviewing the
2performance of emergency medical technicians or ambulance service providers.
AB382, s. 11 3Section 11. 146.81 (1) (em) of the statutes is amended to read:
AB382,7,54 146.81 (1) (em) A dietitian certified under subch. IV V of ch. 448. This
5paragraph does not apply after June 30, 1999.
AB382, s. 12 6Section 12. 180.1901 (1m) (bk) of the statutes is created to read:
AB382,7,87 180.1901 (1m) (bk) Podiatrists affiliated credentialing board under subch. IV
8of ch. 448.
AB382, s. 13 9Section 13. 180.1901 (1m) (br) of the statutes is amended to read:
AB382,7,1110 180.1901 (1m) (br) Dietitians affiliated credentialing board under subch. IV V
11of ch. 448. This paragraph does not apply after June 30, 1999.
AB382, s. 14 12Section 14. 252.10 (7) of the statutes is amended to read:
AB382,7,2113 252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis
14shall be purchased by the department from the appropriation under s. 20.435 (1) (e)
15and dispensed to patients through the public health dispensaries or through health
16care providers, as defined in s. 146.81 (1), other than social workers, marriage and
17family therapists or professional counselors certified under ch. 457,
18speech-language pathologists or audiologists licensed under subch. II of ch. 459,
19speech and language pathologists licensed by the department of education or, on or
20after July 1, 1995, and no later than June 30, 1999, dietitians certified under subch.
21IV V of ch. 448.
AB382, s. 15 22Section 15. 252.14 (1) (ar) 4m. of the statutes is amended to read:
AB382,7,2423 252.14 (1) (ar) 4m. A dietitian certified under subch. IV V of ch. 448. This
24subdivision does not apply after June 30, 1999.
AB382, s. 16 25Section 16. 448.01 (1) of the statutes is renumbered 448.015 (1).
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