AB356: Bill Text

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).

AB356, s. 85 Section 85. 302.113 (9g) (c) of the statutes is amended to read:

AB356,27,24 302.113 (9g) (c) An inmate who meets the criteria under par. (b) may submit a petition to the program review committee at the correctional institution in which the inmate is confined requesting a modification of the inmate's bifurcated sentence in the manner specified in par. (f). If the inmate alleges in the petition that he or she has a terminal condition, the inmate shall attach to the petition affidavits from 2 physicians, as defined in s. 448.01 (5), setting forth a diagnosis that the inmate has a terminal condition.

AB356, s. 86 Section 86. 302.37 (2) of the statutes is amended to read:

AB356,28,5 302.37 (2) Neither the sheriff or other keeper of any jail nor any other person shall give, sell or deliver to any prisoner for any cause whatever any alcohol beverages unless a physician, as defined in s. 448.01 (5), certifies in writing that the health of the prisoner requires it, in which case the prisoner may be allowed the quantity prescribed.

AB356, s. 87 Section 87. 302.383 (1) (b) of the statutes is amended to read:

AB356,28,12 302.383 (1) (b) Ensure that the prisoner has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under ch. 51, and ensure that the prisoner has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician, as defined in s. 448.01 (5), licensed psychologist, or other mental health professional.

AB356, s. 88 Section 88. 302.40 of the statutes is amended to read:

AB356,28,16 302.40 Discipline; solitary confinement. For violating the rules of the jail, an inmate may be kept in solitary confinement, under the care and advice of a physician, as defined in s. 448.01 (5), but not over 10 days.

AB356, s. 89 Section 89. 343.045 of the statutes is created to read:

AB356,28,19 343.045 Definition. In this subchapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 90 Section 90. 343.63 (4) of the statutes is amended to read:

AB356,28,23 343.63 (4) The applicant shall submit with his or her application a statement completed by a registered physician showing that in the physician's judgment the applicant is physically fit to teach driving.

AB356, s. 91 Section 91. 346.01 (3) of the statutes is created to read:

AB356,28,25 346.01 (3) In this chapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 92 Section 92. 347.485 (2) (b) of the statutes is amended to read:

AB356,29,4 347.485 (2) (b) Except for photosensitive corrective glasses prescribed by an ophthalmologist, physician, as defined in s. 448.01 (5), oculist or optometrist, eye protection worn during hours of darkness may not be tinted or darkened.

AB356, s. 93 Section 93. 350.155 (2) of the statutes is amended to read:

AB356,29,24 350.155 (2) In cases of death involving a snowmobile in which the decedent died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after death, by the coroner or medical examiner or by a physician, as defined in s. 448.01 (5), so designated by the coroner or medical examiner or by a qualified person at the direction of such physician. All funeral directors shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health and family services for analysis of the alcoholic content of such blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health and family services. The department of health and family services shall keep a record of all such examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the department of health and family services. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.

AB356, s. 94 Section 94. 440.08 (2) (a) 58. of the statutes is amended to read:

AB356,30,2 440.08 (2) (a) 58. Physician licensed under subch. II of ch. 448: November 1 of each odd-numbered year; $106.

AB356, s. 95 Section 95. 441.001 (2q) of the statutes is created to read:

AB356,30,4 441.001 (2q) Physician. "Physician" has the meaning given in s. 448.01 (5).

AB356, s. 96 Section 96. 441.001 (3) (a) of the statutes is amended to read:

AB356,30,14 441.001 (3) (a) "Practical nursing" means the performance for compensation of any simple acts in the care of convalescent, subacutely or chronically ill, injured or infirm persons, or of any act or procedure in the care of the more acutely ill, injured or infirm under the specific direction of a nurse, physician, chiropractor licensed under ch. 446, podiatrist licensed under ch. 448, dentist licensed under ch. 447 or optometrist licensed under ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if that person prepared the order after examining the patient in that other state and directs that the order be carried out in this state.

AB356, s. 97 Section 97. 441.001 (4) (b) of the statutes is amended to read:

AB356,30,22 441.001 (4) (b) The execution of procedures and techniques in the treatment of the sick under the general or special supervision or direction of a physician, chiropractor licensed under ch. 446, podiatrist licensed under ch. 448, dentist licensed under ch. 447 or optometrist licensed under ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if the person making the order prepared the order after examining the patient in that other state and directs that the order be carried out in this state.

AB356, s. 98 Section 98. 444.01 of the statutes is created to read:

AB356,30,25 444.01 Definition. In this chapter, "physician" has the meaning given in s. 448.01 (5).

AB356, s. 99 Section 99. 445.14 of the statutes is amended to read:

AB356,31,8 445.14 Funeral directors; who to employ. No public officer, employee or officer of any public institution, physician or surgeon , as defined in s. 448.01 (5), shall send, or cause to be sent, to any funeral director, the corpse of any deceased person, without having first made due inquiry as to the desires of the next of kin, or any persons who may be chargeable with the funeral expenses of such deceased person, and if any such kin or person is found, his or her authority or direction shall be received as to the disposal of such corpse.

AB356, s. 100 Section 100. 446.01 (1d) of the statutes is created to read:

AB356,31,12 446.01 (1d) "Generally accepted standards" means a level of diagnosis, care, skill, and treatment that is recognized by a reasonably prudent chiropractor as being appropriate under similar conditions and circumstances.

AB356, s. 101 Section 101. 446.01 (1k) of the statutes is created to read:

AB356,31,16 446.01 (1k) "Patient" means an individual who receives treatment or services from a chiropractor or who has received treatment or services under the supervision, direction, or delegation of a chiropractor.

AB356, s. 102 Section 102. 446.01 (1L) of the statutes is created to read:

AB356,31,18 446.01 (1L) "Pattern of conduct" means more than one occurrence.

AB356, s. 103 Section 103. 446.01 (1m) of the statutes is created to read:

AB356,31,23 446.01 (1m) "Peer review" means an evaluation based on generally accepted standards, by a peer review panel appointed under s. 446.035 (1), of the appropriateness, quality, and utilization of chiropractic health care provided to a patient or the conduct of a chiropractor alleged to have violated s. 446.04 (11).

AB356, s. 104 Section 104. 446.01 (1q) of the statutes is created to read:

AB356,32,2 446.01 (1q) "Physician assistant" means a physician assistant licensed under subch. II of ch. 448.

AB356, s. 105 Section 105. 446.01 (2) (b) of the statutes is amended to read:

AB356,32,8 446.01 (2) (b) To employ or apply chiropractic adjustments, and the principles or techniques of chiropractic science, that are taught at a chiropractic college or university approved by the Council on Chiropractic Education or any successor organization, in the diagnosis, treatment or prevention of any of the conditions described in s. 448.01 (10).

AB356, s. 106 Section 106. 446.01 (3) of the statutes is created to read:

AB356,32,11 446.01 (3) "Utilization" means the treatment or services provided to a patient, including the frequency and duration of the treatment or services.

AB356, s. 107 Section 107. 446.02 (1) (b) of the statutes is amended to read:

AB356,32,21 446.02 (1) (b) Meets the requirements of continuing education for license renewal as the examining board may require under s. 446.025. During the time between initial licensure and commencement of a full 2-year licensure period new licensees shall not be required to meet continuing education requirements. Any person who has not engaged in the practice of chiropractic for 2 years or more, while holding a valid license under this chapter, and desiring to engage in such practice, shall be required by the examining board to complete a continuing education course at a school of chiropractic approved by the examining board or pass a practical examination administered by the examining board or both.

AB356, s. 108 Section 108. 446.02 (2) (b) of the statutes is amended to read:

AB356,33,5 446.02 (2) (b) The examining board shall promulgate rules establishing educational requirements for obtaining a license under par. (a). The rules shall require that an application for the license that is received by the department after June 30, 1998, be accompanied by satisfactory evidence that the applicant has a bachelor's degree from a college or university accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education, and has graduated from a college or university of chiropractic approved by the examining board.

AB356, s. 109 Section 109. 446.02 (4) of the statutes is amended to read:

AB356,33,20 446.02 (4) The renewal date and renewal fee for all licenses granted by the examining board are specified under s. 440.08 (2) (a). In an application for renewal, the applicant shall identify each employee, other than a nurse licensed under ch. 441, physician assistant, physical therapist licensed under subch. III of ch. 448, or athletic trainer licensed under subch. VI of ch. 448, to whom clinical work is delegated. If the examining board has promulgated rules requiring such an employee to complete a training program or course of instruction to perform the delegated work, the applicant shall also provide the name, date, and sponsoring organization for the training program or course of instruction that the employee completed. Except as provided in sub. (1) (b), the examining board may not renew a license unless the applicant for renewal identifies on a form provided by the department the continuing education courses approved under s. 446.025 (2) that the applicant has completed to satisfy the minimum number of hours required under s. 446.025 (1).

AB356, s. 110 Section 110. 446.02 (6m) of the statutes is created to read:

AB356,34,2 446.02 (6m) (a) Except as provided in par. (b), a chiropractor who is granted a license under this chapter on or before January 1, 2003, may provide counsel, guidance, direction, advice, or recommendations to a patient regarding the health benefits of vitamins, herbs, or nutritional supplements only if the chiropractor has completed 48 hours in a postgraduate course of study in nutrition that is approved by the examining board.

AB356,34,4 (b) Paragraph (a) does not apply to a chiropractor licensed under this chapter who is certified as a dietitian under subch. V of ch. 448.

AB356, s. 111 Section 111. 446.02 (7) (b) of the statutes is renumbered 446.02 (7) (b) 1. and amended to read: