AB356: Bill Text

AB356,17,15 69.01 (17m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 40 Section 40. 70.11 (25) of the statutes is amended to read:

AB356,18,5 70.11 (25) Nonprofit medical research foundations. Property owned and operated by a corporation, voluntary association, foundation or trust, no part of the net earnings of which inure to the benefit of any shareholder, member, director or officer thereof, which property is used exclusively for the purposes of: medical and surgical research the knowledge derived from which is applied to the cures, prevention, relief and therapy of human diseases; providing instruction for practicing physicians and surgeons, as defined in s. 448.01 (5), promoting education, training, skill and investigative ability of physicians, as defined in s. 448.01 (5), scientists and individuals engaged in work in the basic sciences which bear on medicine and surgery; or providing diagnostic facilities and treatment for deserving destitute individuals not eligible for assistance from charitable or governmental institutions. Such corporation, voluntary association, foundation or trust must have received a certificate under section 501 (c) (3) of the internal revenue code as a nonprofit organization exempt for income tax purposes.

AB356, s. 41 Section 41. 77.51 (10m) of the statutes is created to read:

AB356,18,7 77.51 (10m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 42 Section 42. 94.70 (3) (b) of the statutes is amended to read:

AB356,18,14 94.70 (3) (b) Use for personal advantage or reveal, other than to federal or state agencies, the courts, physicians, as defined in s. 448.01 (5), pharmacists or other persons requiring the information for the performance of their duties, any information relative to formulas acquired in the administration of ss. 94.67 to 94.71 which may be confidential under the federal act or otherwise constitute a trade secret as defined in s. 134.90 (1) (c).

AB356, s. 43 Section 43. 95.21 (1) (dm) of the statutes is created to read:

AB356,18,16 95.21 (1) (dm) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 44 Section 44. 97.18 (5) of the statutes is amended to read:

AB356,18,22 97.18 (5) The serving of oleomargarine or margarine to students, patients or inmates of any state institutions as a substitute for table butter is prohibited, except that such substitution may be ordered by the institution superintendent when necessary for the health of a specific patient or inmate, if directed by the physician, as defined in s. 448.01 (5), in charge of the patient or inmate.

AB356, s. 45 Section 45. 97.48 (2) of the statutes is amended to read:

AB356,19,3 97.48 (2) This section does not prohibit the manufacture or sale of proprietary foods containing milk or skim milk to which have been added any fat or oil other than milk fat when such foods are clearly labeled to show their composition and the fact that they are to be sold exclusively for use as directed by physicians , as defined in s. 448.01 (5).

AB356, s. 46 Section 46. 100.43 (3) (c) of the statutes is amended to read:

AB356,19,9 100.43 (3) (c) A household substance, subject to special packaging standards, which is dispensed pursuant to a prescription of a physician, as defined in s. 448.01 (5), dentist, or other licensed medical practitioner may be sold in conventional or noncomplying packages when directed in such prescription or requested by the purchaser.

AB356, s. 47 Section 47. 101.01 (10m) of the statutes is created to read:

AB356,19,11 101.01 (10m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 48 Section 48. 102.565 (2) of the statutes is amended to read:

AB356,19,25 102.565 (2) Upon application of any employer or employee the department may direct any employee of the employer or an employee who, in the course of his or her employment, has been exposed to toxic or hazardous substances or conditions, to submit to examination by a physician or physicians, as defined in s. 448.01 (5), to be appointed by the department to determine whether the employee has developed any abnormality or condition under sub. (1), and the degree thereof. The cost of the medical examination shall be borne by the person making application. The results of the examination shall be submitted by the physician to the department, which shall submit copies of the reports to the employer and employee, who shall have opportunity to rebut the reports provided request therefor is made to the department within 10 days from the mailing of the report to the parties. The department shall make its findings as to whether or not it is inadvisable for the employee to continue in his or her employment.

AB356, s. 49 Section 49. 106.50 (2r) (bm) 2. of the statutes is amended to read:

AB356,20,6 106.50 (2r) (bm) 2. Subdivision 1. does not apply in the case of the rental of owner-occupied housing if the owner or a member of his or her immediate family occupying the housing possesses and, upon request, presents to the individual a certificate signed by a physician, as defined in s. 448.01 (5), which states that the owner or family member is allergic to the type of animal the individual possesses.

AB356, s. 50 Section 50. 115.53 (4) (a) of the statutes is amended to read:

AB356,20,12 115.53 (4) (a) The application shall be accompanied by the report of a physician, as defined in s. 448.01 (5), appointed by the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing or the director of the Wisconsin Center for the Blind and Visually Impaired and shall be in the same form as reports of other physicians for admission of patients to such hospital.

AB356, s. 51 Section 51. 115.777 (1) (a) of the statutes is amended to read:

AB356,20,22 115.777 (1) (a) A physician, as defined in s. 448.01 (5), nurse, psychologist, social worker, or administrator of a social agency who reasonably believes that a child brought to him or her for services has a disability shall refer the child to the local educational agency. If the local educational agency to whom the referral is made is the school district in which the child resides but the child is attending a public school in a nonresident school district under s. 118.51 or 121.84 (1) (a) or (4), the school board of the school district in which the child resides shall provide the name of the child and related information to the school board of the school district that the child is attending.

AB356, s. 52 Section 52. 118.135 (3) of the statutes is amended to read:

AB356,21,3 118.135 (3) To the extent feasible, the medical examining board and the optometry examining board shall encourage physicians, as defined in s. 448.01 (5), and optometrists, for the purpose of this section, to conduct free eye examinations or evaluations of pupils who are in financial need and do not have insurance coverage for eye examinations or evaluations.

AB356, s. 53 Section 53. 118.29 (1) (e) of the statutes is amended to read:

AB356,21,7 118.29 (1) (e) "Practitioner" means any physician, as defined in s. 448.01 (5), dentist, optometrist, physician assistant, advanced practice nurse prescriber, or podiatrist licensed in any state.

AB356, s. 54 Section 54. 118.291 (1) (b) of the statutes is amended to read:

AB356,21,11 118.291 (1) (b) The pupil has the written approval of the pupil's physician, as defined in s. 448.01 (5), and, if the pupil is a minor, the written approval of the pupil's parent or guardian.

AB356, s. 55 Section 55. 146.0255 (2) of the statutes is amended to read:

AB356,22,13 146.0255 (2) Testing. Any hospital employee who provides health care, social worker or intake worker under ch. 48 may refer an infant or an expectant mother of an unborn child, as defined in s. 48.02 (19), to a physician, as defined in s. 448.01 (5), for testing of the bodily fluids of the infant or expectant mother for controlled substances or controlled substance analogs if the hospital employee who provides health care, social worker or intake worker suspects that the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child. The physician may test the infant or expectant mother to ascertain whether or not the infant or expectant mother has controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother, if the physician determines that there is a serious risk that there are controlled substances or controlled substance analogs in the bodily fluids of the infant or expectant mother because of the use of controlled substances or controlled substance analogs by the mother while she was pregnant with the infant or by the expectant mother while she is pregnant with the unborn child and that the health of the infant, the unborn child or the child when born may be adversely affected by the controlled substances or controlled substance analogs. If the results of the test indicate that the infant does have controlled substances or controlled substance analogs in the infant's bodily fluids, the physician shall make a report under s. 46.238. If the results of the test indicate that the expectant mother does have controlled substances or controlled substance analogs in the expectant mother's bodily fluids, the physician may make a report under s. 46.238. Under this subsection, no physician may test an expectant mother without first receiving her informed consent to the testing.

AB356, s. 56 Section 56. 146.15 of the statutes is amended to read:

AB356,22,19 146.15 Information. State officials, physicians, as defined in s. 448.01 (5), of mining, manufacturing and other companies or associations, officers and agents of a company incorporated by or transacting business under the laws of this state, shall when requested furnish, so far as practicable, the department any information required touching the public health; and for refusal shall forfeit $10.

AB356, s. 57 Section 57. 146.17 of the statutes is amended to read:

AB356,22,25 146.17 Limitations. Nothing in the statutes shall be construed to authorize interference with the individual's right to select his or her own physician, as defined in s. 448.01 (5), or mode of treatment, nor as a limitation upon the municipality to enact measures in aid of health administration, consistent with statute and acts of the department.

AB356, s. 58 Section 58. 146.31 (1) of the statutes is renumbered 146.31 (1r).

AB356, s. 59 Section 59. 146.31 (1g) of the statutes is created to read:

AB356,23,3 146.31 (1g) In this section, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 60 Section 60. 146.55 (1) (fm) of the statutes is created to read:

AB356,23,5 146.55 (1) (fm) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 61 Section 61. 146.58 (1) of the statutes is amended to read:

AB356,23,11 146.58 (1) Appoint an advisory committee of physicians , as defined in s. 448.01 (5), with expertise in the emergency medical services area to advise the department on the criteria for selection of the state medical director for emergency medical services and on the performance of the director and to advise the director on appropriate medical issues.

AB356, s. 62 Section 62. 146.815 (1) of the statutes is renumbered 146.815 (1r).

AB356, s. 63 Section 63. 146.815 (1g) of the statutes is created to read:

AB356,23,14 146.815 (1g) In this section, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 64 Section 64. 146.82 (2) (a) 5. of the statutes is amended to read:

AB356,23,24 146.82 (2) (a) 5. In response to a written request by any federal or state governmental agency to perform a legally authorized function, including but not limited to management audits, financial audits, program monitoring and evaluation, facility licensure or certification or individual licensure or certification. The private pay patient, except if a resident of a nursing home, may deny access granted under this subdivision by annually submitting to a health care provider, other than a nursing home, a signed, written request on a form provided by the department. The provider, if a hospital, shall submit a copy of the signed form to the patient's physician, as defined in s. 448.01 (5).

AB356, s. 65 Section 65. 146.89 (1) of the statutes is amended to read:

AB356,24,8 146.89 (1) In this section, "volunteer health care provider" means an individual who is licensed as a physician under ch. 448, or who is licensed as a dentist under ch. 447, registered nurse, practical nurse or nurse-midwife under ch. 441, optometrist under ch. 449 or physician assistant under ch. 448 or certified as a dietitian under subch. V of ch. 448 and who receives no income from the practice of that health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency specified under sub. (3).

AB356, s. 66 Section 66. 146.89 (2) (b) of the statutes is amended to read:

AB356,24,15 146.89 (2) (b) The department of administration may send an application to the medical examining board or chiropractic examining board for evaluation. The medical examining board or chiropractic examining board shall evaluate any application submitted by the department of administration and return the application to the department of administration with the board's recommendation regarding approval.

AB356, s. 67 Section 67. 148.01 of the statutes is renumbered 148.01 (intro.) and amended to read:

AB356,24,18 148.01 (intro.) Definition Definitions. In this chapter, "medical society":

AB356,24,20 (1) "Medical society" means the State Medical Society of Wisconsin and any county medical society organized or continued under this chapter.

AB356, s. 68 Section 68. 148.01 (2) of the statutes is created to read:

AB356,24,22 148.01 (2) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 69 Section 69. 149.10 (7m) of the statutes is created to read:

AB356,24,24 149.10 (7m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 70 Section 70. 150.85 (4) (c) 2. of the statutes is amended to read:

AB356,25,3 150.85 (4) (c) 2. Whether any reduction in competition among physicians, as defined in s. 448.01 (5), allied health professionals or other health care providers is likely to result directly or indirectly from the cooperative agreement.

AB356, s. 71 Section 71. 154.01 (6) of the statutes is created to read:

AB356,25,5 154.01 (6) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 72 Section 72. 155.01 (9m) of the statutes is created to read:

AB356,25,7 155.01 (9m) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 73 Section 73. 155.05 (2) of the statutes is amended to read:

AB356,25,19 155.05 (2) Unless otherwise specified in the power of attorney for health care instrument, an individual's power of attorney for health care takes effect upon a finding of incapacity by 2 physicians, as defined in s. 448.01 (5), or one physician and one licensed psychologist, as defined in s. 455.01 (4), who personally examine the principal and sign a statement specifying that the principal has incapacity. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding of incapacity. Neither of the individuals who make a finding of incapacity may be a relative of the principal or have knowledge that he or she is entitled to or has a claim on any portion of the principal's estate. A copy of the statement, if made, shall be appended to the power of attorney for health care instrument.

AB356, s. 74 Section 74. 157.05 of the statutes is amended to read:

AB356,26,2 157.05 Autopsy. Consent for a licensed physician, as defined in s. 448.01 (5), to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife, child, guardian, next of kin, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB356, s. 75 Section 75. 157.06 (1) (h) of the statutes is amended to read:

AB356,26,6 157.06 (1) (h) "Physician" means has the meaning given in s. 448.01 (5), and also includes an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state.

AB356, s. 76 Section 76. 165.765 (2) (a) of the statutes is amended to read:

AB356,26,12 165.765 (2) (a) Any physician, as defined in s. 448.01 (5), registered nurse, medical technologist, physician assistant or person acting under the direction of a physician who obtains a biological specimen under s. 165.76, 938.34 (15), 973.047 or 980.063 is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB356, s. 77 Section 77. 180.1903 (4) of the statutes is amended to read:

AB356,26,19 180.1903 (4) Each health care professional, other than a physician, as defined in s. 448.01 (5), or nurse anesthetist, who is a shareholder of a service corporation and who has the authority to provide health care services that are not under the direction and supervision of a physician, as defined in s. 448.01 (5), or nurse anesthetist shall carry malpractice insurance that provides coverage of not less than the amounts established under s. 655.23 (4).

AB356, s. 78 Section 78. 185.983 (1) of the statutes is renumbered 185.983 (1r).

AB356, s. 79 Section 79. 185.983 (1g) of the statutes is created to read:

AB356,26,22 185.983 (1g) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 80 Section 80. 231.01 (7) (a) 2. of the statutes is amended to read:

AB356,27,4 231.01 (7) (a) 2. One or more structures suitable for use as a child care center, health facility, laboratory, laundry, nurses' or interns' residence or other multi-unit housing facility for staff, employees, patients or relatives of patients admitted for treatment or care in a health facility, physician's facility, administration building, research facility, maintenance, storage or utility facility. In this subdivision, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 81 Section 81. 233.04 (3b) (a) 2. of the statutes is amended to read:

AB356,27,8 233.04 (3b) (a) 2. Providing an environment suitable for instructing medical and other health professions students, physicians, as defined in s. 448.01 (5), nurses and members of other health-related disciplines.

AB356, s. 82 Section 82. 252.23 (1) (a) of the statutes is amended to read:

AB356,27,10 252.23 (1) (a) "Tattoo" has the meaning given in s. 948.70 (1) (b).

AB356, s. 83 Section 83. 301.45 (1d) (q) of the statutes is created to read:

AB356,27,12 301.45 (1d) (q) "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 84 Section 84. 302.10 of the statutes is amended to read:

AB356,27,16 302.10 Solitary confinement. For violation of the rules of the prison an inmate may be confined to a solitary cell, under the care and advice of the physician, as defined in s. 448.01 (5).