AB356: Bill Text

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:

AB356,53,24 968.255 (3) No person other than a physician, as defined in s. 448.01 (5), physician assistant or registered nurse licensed to practice in this state may conduct a body cavity search.

AB356, s. 162 Section 162. 971.14 (2) (g) of the statutes is amended to read:

AB356,54,4 971.14 (2) (g) The defendant may be examined for competency purposes at any stage of the competency proceedings by physicians, as defined in s. 448.01 (5), or other experts chosen by the defendant or by the district attorney, who shall be permitted reasonable access to the defendant for purposes of the examination.

AB356, s. 163 Section 163. 971.14 (5) (am) of the statutes is amended to read:

AB356,54,23 971.14 (5) (am) If the defendant is not subject to a court order determining the defendant to be not competent to refuse medication or treatment for the defendant's mental condition and if the treatment facility determines that the defendant should be subject to such a court order, the treatment facility may file with the court with notice to the counsel for the defendant, the defendant and the district attorney, a motion for a hearing, under the standard specified in sub. (3) (dm), on whether the defendant is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician, as defined in s. 448.01 (5), that asserts that the defendant needs medication or treatment and that the defendant is not competent to refuse medication or treatment, based on an examination of the defendant by such a licensed physician. Within 10 days after a motion is filed under this paragraph, the court shall, under the procedures and standards specified in sub. (4) (b), determine the defendant's competency to refuse medication or treatment for the defendant's mental condition. At the request of the defendant, the defendant's counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph.

AB356, s. 164 Section 164. 971.17 (3) (c) of the statutes is amended to read:

AB356,56,4 971.17 (3) (c) If the court order specifies institutional care, the department of health and family services shall place the person in an institution under s. 51.37 (3) that the department considers appropriate in light of the rehabilitative services required by the person and the protection of public safety. If the person is not subject to a court order determining the person to be not competent to refuse medication or treatment for the person's mental condition and if the institution in which the person is placed determines that the person should be subject to such a court order, the institution may file with the court, with notice to the person and his or her counsel and the district attorney, a motion for a hearing, under the standard specified in s. 971.16 (3), on whether the person is not competent to refuse medication or treatment. A report on which the motion is based shall accompany the motion and notice of motion and shall include a statement signed by a licensed physician, as defined in s. 448.01 (5), that asserts that the person needs medication or treatment and that the person is not competent to refuse medication or treatment, based on an examination of the person by a licensed physician, as defined in s. 448.01 (5). Within 10 days after a motion is filed under this paragraph, the court shall determine the person's competency to refuse medication or treatment for the person's mental condition. At the request of the person, his or her counsel or the district attorney, the hearing may be postponed, but in no case may the postponed hearing be held more than 20 days after a motion is filed under this paragraph. If the district attorney, the person and his or her counsel waive their respective opportunities to present other evidence on the issue, the court shall determine the person's competency to refuse medication or treatment on the basis of the report accompanying the motion. In the absence of these waivers, the court shall hold an evidentiary hearing on the issue. If the state proves by evidence that is clear and convincing that the person is not competent to refuse medication or treatment, under the standard specified in s. 971.16 (3), the court shall order that the person is not competent to refuse medication or treatment for the person's mental condition and that whoever administers the medication or treatment to the person shall observe appropriate medical standards.

AB356, s. 165 Section 165. 975.001 of the statutes is renumbered 975.001 (intro.) and amended to read:

AB356,56,7 975.001 Definition Definitions. (intro.) In this chapter, "department":

AB356,56,8 (1) "Department" means the department of health and family services.

AB356, s. 166 Section 166. 975.001 (2) of the statutes is created to read:

AB356,56,10 975.001 (2) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 167 Section 167. 979.001 of the statutes is created to read:

AB356,56,13 979.001 Definition. In this chapter "physician" has the meaning given in s. 448.01 (5).

AB356, s. 168 Section 168. 990.01 (25v) of the statutes is created to read:

AB356,56,16 990.01 (25v) Osteopath. "Osteopath" means a person holding a license or certificate of registration from the medical examining board.

AB356, s. 169 Section 169. 990.01 (28) of the statutes is amended to read:

AB356,56,20 990.01 (28) Physician, surgeon or osteopath. "Physician," "surgeon" or "osteopath" or "licensed physician" means a person holding a license or certificate of registration from the medical examining board or chiropractic examining board.

AB356, s. 170 Section 170. 990.01 (40m) of the statutes is created to read:

AB356,56,23 990.01 (40m) Surgeon. "Surgeon" means a person holding a license or certificate of registration from the medical examining board.

AB356, s. 171 Section 171. Initial applicability.

AB356,57,6 (1) Continuing education. If the effective date of this subsection is before January 1, 2004, the treatment of sections 446.02 (1) (b) and (4) and 446.025 of the statutes first applies to chiropractors whose licenses expire on January 1, 2005. If the effective date of this subsection is on or after January 1, 2004, the treatment of sections 446.02 (1) (b) and (4) and 446.025 of the statutes first applies to chiropractors whose licenses expire on January 1, 2007.

AB356,57,10 (2) Violations and offenses. The treatment of section 446.05 (1) of the statutes and the creation of sections 446.03 (intro.) and (8) and 446.04 (6), (7), (8), (9), (10), and (11) of the statutes first apply to violations that occur, and offenses that are committed, on the effective date of this subsection.

AB356,57,13 (3) License suspension. The treatment of section 446.05 (2) of the statutes and the creation of section 446.05 (3) of the statutes first apply to 3rd violations that occur on the effective date of this subsection.

AB356, s. 172 Section 172. Effective dates. This act takes effect on the first day of the 2nd month beginning after publication, except as follows:

AB356,57,17 (1) The treatment of section 446.02 (6m) of the statutes takes effect on the first day of the 7th month beginning after publication.

AB356,57,18 (End)