AB356: Bill Text

AB356,43,9 (8) Failure to collect a deductible or co-payment required by a patient's insurer. This subsection does not apply if the patient has financial hardship and the chiropractor documents the financial hardship.

AB356,43,10 (9) Falsifying a claim.

AB356,43,12 (10) A pattern of conduct that involves billing for a unit of service that was not actually performed with the intent of obtaining unearned reimbursement.

AB356,43,19 (11) Sexual misconduct. (a) Under this subsection, a chiropractor engages in sexual misconduct if he or she engages in sexual contact, exposure, or gratification, sexually offensive communication, dating a patient under the chiropractor's professional care or treatment, or other sexual behavior with or in the presence of a patient under the chiropractor's professional care or treatment and a reasonably prudent chiropractor under similar conditions and circumstances would find the conduct unprofessional. Consent is not an issue under this subsection.

AB356,43,22 (b) Under this subsection, "contact violation" means any violation of par. (a) that involves physical contact with a patient under the chiropractor's professional care or treatment.

AB356,43,25 (c) Under this subsection, "noncontact violation" means any violation of par. (a) that does not involve physical contact with a patient under the chiropractor's professional care or treatment.

AB356,44,4 (d) 1. The examining board shall require a chiropractor who commits a first noncontact violation under this subsection to attend training approved by the department regarding sexual misconduct and shall suspend his or her chiropractic license for not less than 90 days.

AB356,44,7 2. The examining board shall suspend the chiropractic license of a chiropractor who commits a 2nd noncontact violation or a first contact violation under this subsection for one year.

AB356,44,9 3. The examining board shall revoke the chiropractic license of a chiropractor who commits a 3rd noncontact or a 2nd contact violation under this subsection.

AB356, s. 120 Section 120. 446.05 (1) of the statutes is amended to read:

AB356,44,16 446.05 Procedure for hearings. (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any licensed chiropractor who, it has reason to believe, violated s. 446.02 or 446.03 (1), (6), (7), (7m), or (8) or committed any offense listed in s. 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

AB356, s. 121 Section 121. 446.05 (2) of the statutes is amended to read:

AB356,44,22 446.05 (2) Upon Except as provided in sub. (3), upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

AB356, s. 122 Section 122. 446.05 (3) of the statutes is created to read:

AB356,44,25 446.05 (3) The examining board shall suspend the license of a chiropractor who commits a third violation of s. 446.04 (1) to (10) for not less than 6 months.

AB356, s. 123 Section 123. 447.03 (3) (h) of the statutes is amended to read:

AB356,45,4 447.03 (3) (h) A physician or surgeon licensed in this state, as defined in s. 448.01 (5), who extracts teeth, or operates upon the palate or maxillary bones and investing tissues, or who administers anesthetics, either general or local.

AB356, s. 124 Section 124. 449.01 (2) of the statutes is amended to read:

AB356,45,13 449.01 (2) Dispensing opticians. A dispensing optician is one who practices optical dispensing. The practice of optical dispensing comprises the taking of necessary facial measurements and the processing, fitting and adjusting of mountings, frames, lenses and kindred products in the filling of prescriptions of duly licensed physicians or optometrists for ophthalmic lenses. Duplications, replacements or reproductions not requiring optometric service may be done without prescription. Nothing herein contained shall change the responsibility of physician to patient, or optometrist to patient.

AB356, s. 125 Section 125. 449.01 (5) of the statutes is created to read:

AB356,45,16 449.01 (5) Physician. In this chapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 126 Section 126. 449.02 (2) of the statutes is amended to read:

AB356,45,23 449.02 (2) This section shall not apply to physicians and surgeons duly licensed as such in Wisconsin nor shall this section apply to the sale of spectacles containing simple lenses of a plus power only at an established place of business incidental to other business conducted therein, without advertising other than price marking on the spectacles, if no attempt is made to test the eyes. The term "simple lens" shall not include bifocals.

AB356, s. 127 Section 127. 450.01 (15m) of the statutes is created to read:

AB356,45,25 450.01 (15m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 128 Section 128. 450.01 (22) of the statutes is amended to read:

AB356,46,5 450.01 (22) "Vaccination protocol" means a written protocol agreed to by a physician, as defined in s. 448.01 (5), and a pharmacist that establishes procedures and record-keeping and reporting requirements for the administration of a vaccine by a pharmacist for a period specified in the protocol that may not exceed 2 years.

AB356, s. 129 Section 129. 454.01 (14m) of the statutes is created to read:

AB356,46,7 454.01 (14m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 130 Section 130. 454.02 (1) of the statutes is amended to read:

AB356,46,12 454.02 (1) Licenses to practice barbering or cosmetology do not confer the right to diagnose, prescribe for or treat diseases or conditions except as indicated in the definition of barbering or cosmetology in s. 454.01 (5) or under the direction of a licensed and practicing physician.

AB356, s. 131 Section 131. 459.035 of the statutes is amended to read:

AB356,46,18 459.035 Medical exam before being fitted. A hearing aid shall not be fitted for or sold to a child 16 years of age or younger unless within 90 days prior to the fitting the person to be fitted has been examined by a physician, as defined in s. 448.01 (5), to determine whether or not he or she has any physical deficiencies that would prohibit the effective use of a hearing aid.

AB356, s. 132 Section 132. 560.33 (1) (e) of the statutes is amended to read:

AB356,46,21 560.33 (1) (e) The business is not predominantly engaged in professional services provided by accountants, lawyers, or physicians, as defined in s. 448.01 (5).

AB356, s. 133 Section 133. 600.03 (34m) of the statutes is created to read:

AB356,46,23 600.03 (34m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 134 Section 134. 609.22 (4m) (a) of the statutes is amended to read:

AB356,47,8 609.22 (4m) (a) A defined network plan that provides coverage of obstetric or gynecologic services may not require a female enrollee of the defined network plan to obtain a referral for covered obstetric or gynecologic benefits provided by a participating provider who is a physician licensed under ch. 448 and who specializes in obstetrics and gynecology, regardless of whether the participating provider is the enrollee's primary provider. Notwithstanding sub. (4), the defined network plan may not require the enrollee to obtain a standing referral under the procedure established under sub. (4) (a) for covered obstetric or gynecologic benefits.

AB356, s. 135 Section 135. 632.76 (2) (b) of the statutes is amended to read:

AB356,48,2 632.76 (2) (b) Notwithstanding par. (a), no claim for loss incurred or disability commencing after 6 months from the date of issue of a medicare supplement policy, medicare replacement policy or long-term care insurance policy may be reduced or denied on the ground that a disease or physical condition existed prior to the effective date of coverage. A medicare supplement policy, medicare replacement policy or long-term care insurance policy may not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician, as defined in s. 448.01 (5), within 6 months before the effective date of coverage. Notwithstanding par. (a), if on the basis of information contained in an application for insurance a medicare supplement policy, medicare replacement policy or long-term care insurance policy excludes from coverage a condition by name or specific description, the exclusion must terminate no later than 6 months after the date of issue of the medicare supplement policy, medicare replacement policy or long-term care insurance policy. The commissioner may by rule exempt from this paragraph certain classes of medicare supplement policies, medicare replacement policies and long-term care insurance policies, if the commissioner finds the exemption is not adverse to the interests of policyholders and certificate holders.

AB356, s. 136 Section 136. 647.01 (6) of the statutes is amended to read:

AB356,48,6 647.01 (6) "Medical services" means those services pertaining to medical or dental care that are performed on behalf of patients by or at the direction of a physician licensed under ch. 448 or a dentist licensed under ch. 447.

AB356, s. 137 Section 137. 655.001 (10m) of the statutes is repealed.

AB356, s. 138 Section 138. 700.16 (4) (d) of the statutes is amended to read:

AB356,48,11 700.16 (4) (d) Transfers, outright or in trust, to the state society of physicians and surgeons, as defined in s. 448.01 (5), incorporated under the law of this state, when the transfer is for the advancement of medical science;

AB356, s. 139 Section 139. 765.03 (1) of the statutes is amended to read:

AB356,48,22 765.03 (1) No marriage shall be contracted while either of the parties has a husband or wife living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where either party, at the time of application for a marriage license, submits an affidavit signed by a physician, as defined in s. 448.01 (5), stating that either party is permanently sterile. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

AB356, s. 140 Section 140. 767.001 (5m) of the statutes is created to read:

AB356,48,24 767.001 (5m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 141 Section 141. 804.10 (1) of the statutes is renumbered 804.10 (1r).

AB356, s. 142 Section 142. 804.10 (1g) of the statutes is created to read:

AB356,49,2 804.10 (1g) In this section, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 143 Section 143. 804.10 (3) (a) of the statutes is amended to read:

AB356,49,12 804.10 (3) (a) No evidence obtained by an adverse party by a court-ordered examination under sub. (1) (1r) or inspection under sub. (2) shall be admitted upon the trial by reference or otherwise unless true copies of all reports prepared pursuant to such examination or inspection and received by such adverse party have been delivered to the other party or attorney not later than 10 days after the reports are received by the adverse party. The party claiming damages shall deliver to the adverse party, in return for copies of reports based on court-ordered examination or inspection, a true copy of all reports of each person who has examined or treated the claimant with respect to the injuries for which damages are claimed.

AB356, s. 144 Section 144. 880.33 (1) of the statutes is amended to read:

AB356,50,2 880.33 (1) Whenever it is proposed to appoint a guardian on the ground of incompetency, a licensed physician, as defined in s. 448.01 (5), or licensed psychologist, or both, shall furnish a written statement concerning the mental condition of the proposed ward, based upon examination. The privilege under s. 905.04 shall not apply to this statement. A copy of the statement shall be provided to the proposed ward, guardian ad litem and attorney. Prior to the examination, under this subsection, of a person alleged to be not competent to refuse psychotropic medication under s. 880.07 (1m), the person shall be informed that his or her statements may be used as a basis for a finding of incompetency and an order for protective services, including psychotropic medication. The person shall also be informed that he or she has a right to remain silent and that the examiner is required to report to the court even if the person remains silent. The issuance of such a warning to the person prior to each examination establishes a presumption that the person understands that he or she need not speak to the examiner.

AB356, s. 145 Section 145. 880.33 (4m) (b) 1. of the statutes is amended to read:

AB356,50,8 880.33 (4m) (b) 1. Order the appropriate county department under s. 46.23, 51.42 or 51.437 to develop or furnish, to provide to the ward, and to submit to the court, a treatment plan specifying the protective services, including psychotropic medication as ordered by the treating physician, as defined in s. 448.01 (5), that the proposed ward should receive.

AB356, s. 146 Section 146. 891.09 (2) of the statutes is amended to read:

AB356,50,17 891.09 (2) Church and doctor's records. Any church, parish or baptismal record, and any record of a physician, as defined in s. 448.01 (5), or a person authorized to solemnize marriages, in which record are preserved the facts relating to any birth, stillbirth, fetal death, marriage or death, including the names of the persons, dates, places and other material facts, may be admitted as prima facie evidence of any fact aforesaid. But such record must be produced by its proper custodian and be supported by the custodian's oath that it is such a record as it purports to be and is genuine to the best of the custodian's knowledge and belief.

AB356, s. 147 Section 147. 891.40 (1) of the statutes is amended to read:

AB356,51,6 891.40 (1) If, under the supervision of a licensed physician, as defined in s. 448.01 (5), and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband of the mother at the time of the conception of the child shall be the natural father of a child conceived. The husband's consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and shall file the husband's consent with the department of health and family services, where it shall be kept confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However, the physician's failure to file the consent form does not affect the legal status of father and child. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, may be inspected only upon an order of the court for good cause shown.

AB356, s. 148 Section 148. 891.40 (2) of the statutes is amended to read:

AB356,51,11 891.40 (2) The donor of semen provided to a licensed physician, as defined in s. 448.01 (5), for use in artificial insemination of a woman other than the donor's wife is not the natural father of a child conceived, bears no liability for the support of the child and has no parental rights with regard to the child.

AB356, s. 149 Section 149. 895.48 (1) of the statutes is amended to read:

AB356,51,21 895.48 (1) Any person who renders emergency care at the scene of any emergency or accident in good faith shall be immune from civil liability for his or her acts or omissions in rendering such emergency care. This immunity does not extend when employees trained in health care or health care professionals render emergency care for compensation and within the scope of their usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of any emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician's or chiropractor's office.

AB356, s. 150 Section 150. 895.48 (4) (b) 2. of the statutes is amended to read:

AB356,52,2 895.48 (4) (b) 2. A health care professional who renders emergency care for compensation and within the scope of his or her usual and customary employment or practice at a hospital or other institution equipped with hospital facilities, at the scene of an emergency or accident, enroute to a hospital or other institution equipped with hospital facilities or at a physician's or chiropractor's office.

AB356, s. 151 Section 151. 938.02 (14g) of the statutes is created to read:

AB356,52,4 938.02 (14g) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 152 Section 152. 938.48 (6) of the statutes is amended to read:

AB356,52,11 938.48 (6) Consent to emergency surgery under the direction of a licensed physician or surgeon for any juvenile under its supervision under s. 938.183, 938.34 (4h), (4m) or (4n) or 938.357 (4) upon notification by a licensed physician or surgeon of the need for such surgery and if reasonable effort, compatible with the nature and time limitation of the emergency, has been made to secure the consent of the juvenile's parent or guardian.

AB356, s. 153 Section 153. 939.615 (6) (e) of the statutes is amended to read:

AB356,53,2 939.615 (6) (e) A person filing a petition requesting termination of lifetime supervision who is entitled to a hearing under par. (d) 2. shall be examined by a person who is either a physician, as defined in s. 448.01 (5), or a psychologist licensed under ch. 455 and who is approved by the court. The physician or psychologist who conducts an examination under this paragraph shall prepare a report of his or her examination that includes his or her opinion of whether the person petitioning for termination of lifetime supervision is a danger to public. The physician or psychologist shall file the report of his or her examination with the court within 60 days after completing the examination, and the court shall provide copies of the report to the person filing the petition and the district attorney who received a copy of the person's petition under par. (c). The contents of the report shall be confidential until the physician or psychologist testifies at a hearing under par. (f). The person petitioning for termination of lifetime supervision shall pay the cost of an examination required under this paragraph.

AB356, s. 154 Section 154. 940.001 of the statutes is created to read:

AB356,53,5 940.001 Definition. In this subchapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 155 Section 155. 941.315 (1) (c) of the statutes is created to read:

AB356,53,7 941.315 (1) (c) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 156 Section 156. 948.01 (3o) of the statutes is created to read:

AB356,53,9 948.01 (3o) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 157 Section 157. 948.70 (1) (intro.) and (b) of the statutes are consolidated, renumbered 948.70 (1) and amended to read:

AB356,53,14 948.70 (1) In this section: (b) "Tattoo", "tattoo" means to insert pigment under the surface of the skin of a person, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.

AB356, s. 158 Section 158. 948.70 (1) (a) of the statutes is repealed.

AB356, s. 159 Section 159. 961.01 (17m) of the statutes is created to read:

AB356,53,17 961.01 (17m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 160 Section 160. 967.02 (2) of the statutes is amended to read:

AB356,53,20 967.02 (2) "Department" means the department of corrections, except as provided in s. 975.001 (1).

AB356, s. 161 Section 161. 968.255 (3) of the statutes is amended to read: