AB356: Bill Text

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)