AB855: Bill Text

LRB-4303/1

MDK:jlg&kaf:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 855

March 2, 1998 - Introduced by Representatives Urban, Wasserman, Duff, Meyer, Owens, Schneider and Jensen, cosponsored by Senator Roessler. Referred to Committee on Health.

AB855,1,7 An Act to renumber and amend 448.03 (1); to amend 440.03 (5), 448.02 (1), 448.03 (2) (d), 448.07 (1) (a), 448.07 (1) (d), 448.08 (1) (a), 448.08 (2), 448.08 (4), 448.08 (5) (intro.), (a) 1., 2., 3., (b), (c) and (d), 448.10 (1), 448.13 (1), 450.10 (3) (a) 5. and 908.03 (6m) (a); and to create 440.08 (2) (a) 47., 448.01 (2b), 448.01 (2e), 448.01 (9b), 448.03 (1) (b), 448.04 (1) (cm), 448.05 (2m) and 448.072 of the statutes; relating to: licensing requirements for nonresident physician consultants.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a person may not practice medicine in this state unless he or she has been granted a physician license by the medical examining board (board). This prohibition does not apply to a person licensed to practice medicine in another state or country (nonresident physician) who provides an actual consultation with a physician licensed by the board.

This bill eliminates this exception and prohibits, with certain exceptions, a person from practicing nonresident physician consulting unless he or she has been granted a nonresident physician consultant license by the board. "Practice of nonresident physician consulting" is defined as the provision of a consultation for a fee by a nonresident physician to a physician licensed by the board regarding the diagnosis or treatment of a patient in this state. The bill's prohibition does not apply to a person who provides less than 12 consultations per year or who provides consultations regarding less than 10 patients per year. The prohibition also does not apply to a person whose practice of nonresident physician consulting accounts for less than 1% of the person's annual billings for practicing medicine.

The bill requires the board to grant a nonresident physician consultant license to a nonresident physician who submits proof to the board that he or she has in effect health care liability insurance or self-insurance in the same minimum amounts that apply to physicians licensed by the board. A person who is granted a nonresident physician consultant license must submit such proof to the board each year. In addition, in order to renew a nonresident physician consultant license, a person must submit proof to the board every 2 years that he or she has completed at least 30 hours of continuing education. Under current law, the same renewal requirement applies to physicians licensed by the board.

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:

AB855, s. 1 Section 1. 440.03 (5) of the statutes is amended to read:

AB855,2,4 440.03 (5) The department may investigate allegations of negligence by physicians or nonresident physician consultants licensed to practice medicine and surgery under ch. 448.

AB855, s. 2 Section 2. 440.08 (2) (a) 47. of the statutes is created to read:

AB855,2,7 440.08 (2) (a) 47. Nonresident physician consultant: November 1 of each odd-numbered year; $41.

AB855, s. 3 Section 3. 448.01 (2b) of the statutes is created to read:

AB855,2,11 448.01 (2b) "Nonresident physician" means a person who is not a resident of this state and who holds a license to practice medicine and surgery that is granted by a licensing authority of another state, territory or country.

AB855, s. 4 Section 4. 448.01 (2e) of the statutes is created to read:

AB855,2,14 448.01 (2e) "Nonresident physician consultant" means a person who holds a license to practice nonresident physician consulting that is granted by the board.

AB855, s. 5 Section 5. 448.01 (9b) of the statutes is created to read:

AB855,3,7 448.01 (9b) "Practice of nonresident physician consulting" means the provision of a consultation for a fee, as defined in s. 455.01 (3m), by a nonresident physician to a physician regarding the diagnosis or treatment of a patient who is in this state. "Practice of nonresident physician consulting" does not include directing or supervising any person in, or delegating to any person, the practice of medicine and surgery within this state.

AB855, s. 6 Section 6. 448.02 (1) of the statutes is amended to read:

AB855,3,11 448.02 (1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery and to practice, nonresident physician consulting or podiatric medicine and surgery.

AB855, s. 7 Section 7. 448.03 (1) of the statutes is renumbered 448.03 (1) (a) and amended to read:

AB855,3,16 448.03 (1) (a) No person may practice medicine and surgery, nonresident physician consulting or podiatry, or attempt to do so or make a representation as authorized to do so, without a license granted by the board.

AB855, s. 8 Section 8. 448.03 (1) (b) of the statutes is created to read:

AB855,3,20 448.03 (1) (b) Notwithstanding par. (a), a person may practice nonresident physician consulting without a license granted by the board if the person's practice of nonresident physician consulting satisfies any of the following:

AB855,3,22 1. The person provides less than 12 consultations per year to physicians regarding the diagnosis or treatment of patients in this state.

AB855,3,24 2. The person provides consultations to physicians regarding the diagnosis or treatment of less than 10 patients per year who are in this state.

AB855,4,2 3. The practice of nonresident physician consulting accounts for less than 1% of the person's annual billings for the practice of medicine and surgery.

AB855, s. 9 Section 9. 448.03 (2) (d) of the statutes is amended to read:

AB855,4,8 448.03 (2) (d) Actual consultation or demonstration by licensed physicians or podiatrists or certified respiratory care practitioners of other states or countries, or actual consultation by such podiatrists or respiratory care practitioners, with licensed physicians or podiatrists or certified respiratory care practitioners of this state.

AB855, s. 10 Section 10. 448.04 (1) (cm) of the statutes is created to read:

AB855,4,13 448.04 (1) (cm) License to practice nonresident physician consulting. A person holding a license to practice nonresident physician consulting may practice as defined in s. 448.01 (9b). The board may, by rule, provide for various classes of temporary licenses to practice nonresident physician consulting.

AB855, s. 11 Section 11. 448.05 (2m) of the statutes is created to read:

AB855,4,20 448.05 (2m) License to practice nonresident physician consulting. An applicant for any class of license to practice nonresident physician consulting shall submit evidence satisfactory to the board that he or she holds a valid license to practice medicine and surgery granted by a licensing authority of another state, territory or country and has in effect health care liability insurance or self-insurance in the amounts specified in s. 655.23 (4).

AB855, s. 12 Section 12. 448.07 (1) (a) of the statutes is amended to read:

AB855,5,7 448.07 (1) (a) Every person licensed or certified under this chapter shall register on or before November 1 of each odd-numbered year following issuance of the license or certificate with the board in such manner as the board shall designate and upon forms the board shall provide. The secretary of the board, on or before October 1 of each odd-numbered year, shall mail or cause to be mailed to every person required to register a registration form. The board shall furnish to each person registered under this section a certificate of registration, and, except for a nonresident physician consultant, the person shall display the registration certificate conspicuously in the office at all times. No person may exercise the rights or privileges conferred by any license or certificate granted by the board unless currently registered as required under this subsection.

AB855, s. 13 Section 13. 448.07 (1) (d) of the statutes is amended to read:

AB855,5,20 448.07 (1) (d) No registration may be permitted by the secretary of the board in the case of any physician, nonresident physician consultant, podiatrist, occupational therapist or occupational therapy assistant who has failed to meet the requirements of s. 448.13 or any person whose license, certificate or limited permit has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the licensee's or permittee's right of appeal. A person whose license, certificate or limited permit has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license, certificate or limited permit, together with an application for registration and the registration fee.

AB855, s. 14 Section 14. 448.072 of the statutes is created to read:

AB855,6,2 448.072 Nonresident physician consultants; insurance. Each nonresident physician consultant shall annually submit to the board evidence satisfactory to the board that he or she has in effect health care liability insurance or self-insurance in the amounts specified in s. 655.23 (4). The board may suspend, revoke or refuse to renew the license of a nonresident physician consultant who fails to submit the evidence specified in this section.

AB855, s. 15 Section 15. 448.08 (1) (a) of the statutes is amended to read:

AB855,6,15 448.08 (1) (a) "Hospital" means an institution providing 24-hour continuous service to patients confined therein which is primarily engaged in providing facilities for diagnostic and therapeutic services for the surgical and medical diagnosis, treatment and care, of injured or sick persons, by or under the supervision of a professional staff of physicians and surgeons, and which is not primarily a place of rest for the aged, drug addicts or alcoholics, or a nursing home. Such hospitals may charge patients directly for the services of their employe nurses, nonphysician anesthetists, physical therapists and medical assistants other than physicians, nonresident physician consultants or dentists, and may engage on a salary basis interns and residents who are participating in an accredited training program under the supervision of the medical staff, and persons with a temporary educational certificate issued under s. 448.04 (1) (c).

AB855, s. 16 Section 16. 448.08 (2) of the statutes is amended to read:

AB855,7,5 448.08 (2) Separate billing required. Any person licensed under this chapter 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, nonresident physician consultant 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 , nonresident physician consultant 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, nonresident physician consultant, corporation, or to any other institution or organization of any kind, including a hospital.

AB855, s. 17 Section 17. 448.08 (4) of the statutes is amended to read:

AB855,7,16 448.08 (4) Professional partnerships and corporations permitted. Notwithstanding any other provision in this section, it is lawful for 2 or more physicians or physician consultants 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, physician consultant 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.