AB726: Bill Text

AB726,249 Section 249. 448.55 of the statutes is renumbered 464.07, and 464.07 (2), as renumbered, is amended to read:

AB726,64,22 464.07 (2) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under rules promulgated under s. 448.53 464.04 (2), are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and proof of compliance with the requirements established in any rules promulgated under sub. (3).

AB726,250 Section 250. 448.56 (title) of the statutes is renumbered 464.08 (title) and amended to read:

AB726,64,25 464.08 (title) Practice requirements and restrictions.

AB726,251 Section 251. 448.56 (1) of the statutes is renumbered 464.08 (1) (a) and amended to read:

AB726,65,17 464.08 (1) (a) Except as provided in this subsection paragraph and s. 448.52 464.02 (2), a person may practice physical therapy only upon the written referral of a physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection paragraph.

AB726,252 Section 252. 448.56 (1m) (title) of the statutes is renumbered 464.08 (2) (title).

AB726,253 Section 253. 448.56 (1m) (a) of the statutes is renumbered 464.08 (2).

AB726,254 Section 254. 448.56 (1m) (b) of the statutes is renumbered 464.08 (1) (b) and amended to read:

AB726,66,2 464.08 (1) (b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1) par. (a). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

AB726,255 Section 255. 448.56 (2) of the statutes is renumbered 464.08 (3) and amended to read:

AB726,66,10 464.08 (3) Fee splitting. No licensee may give or receive, directly or indirectly, to or from any other person any fee, commission, rebate, or other form of compensation or anything of value for sending, referring, or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally by the licensee or at the licensee's direction.

AB726,256 Section 256. 448.56 (3) to (5) of the statutes are renumbered 464.08 (4) to (6).

AB726,257 Section 257. 448.56 (6) of the statutes is renumbered 464.08 (8) and amended to read:

AB726,66,19 464.08 (8) Physical therapist assistants. A physical therapist assistant may assist a physical therapist in the practice of physical therapy if the physical therapist provides direct or general supervision of the physical therapist assistant. The examining board shall promulgate rules defining "direct or general supervision" for purposes of this subsection. Nothing in this subsection interferes with delegation authority under any other provision of this chapter or ch. 448.

AB726,258 Section 258. 448.565 (title) of the statutes is repealed.

AB726,259 Section 259. 448.565 of the statutes is renumbered 464.03 (2) and amended to read:

AB726,66,25 464.03 (2) The examining board shall promulgate Promulgate rules establishing procedures and requirements for filing complaints against licensees and shall publicize the procedures and requirements.

AB726,260 Section 260. 448.567 (title) of the statutes is repealed.

AB726,261 Section 261. 448.567 of the statutes is renumbered 464.03 (3) and amended to read:

AB726,67,6 464.03 (3) The examining board shall promulgate Promulgate rules that require the examining board on a periodic basis to conduct performance self-audits of its activities under this subchapter.

AB726,262 Section 262. 448.57 of the statutes is renumbered 464.09, and 464.09 (2) (intro.), (c), (d) and (f), as renumbered, are amended to read:

AB726,67,12 464.09 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a licensee or may deny, limit, suspend , or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:

AB726,67,13 (c) Advertised in a manner that is false, deceptive, or misleading.

AB726,67,14 (d) Advertised, practiced, or attempted to practice under another's name.

AB726,67,16 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.527 464.03 (1).

AB726,263 Section 263. 448.58 (title) of the statutes is repealed.

AB726,264 Section 264. 448.58 of the statutes is renumbered 464.10 (2) and amended to read:

AB726,67,25 464.10 (2) If the examining board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the examining board, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB726,265 Section 265. 448.59 (title) of the statutes is repealed.

AB726,266 Section 266. 448.59 of the statutes is renumbered 464.10 (1).

AB726,267 Section 267. Subchapter IV (title) of chapter 448 [precedes 448.60] of the statutes is amended to read:

AB726,68,5 CHAPTER 448

AB726,68,6 SUBCHAPTER IV

AB726,68,8 PODIATRY AFFILIATED CREDENTIALING BOARD

AB726,268 Section 268. 448.60 (1) of the statutes is amended to read:

AB726,68,11 448.60 (1) "Affiliated credentialing board" "Board" means the podiatry affiliated credentialing medical examining board.

AB726,269 Section 269. 448.60 (3) of the statutes is amended to read:

AB726,68,17 448.60 (3) "Podiatrist" means an individual possessing the degree of doctor of podiatric medicine or doctor of surgical chiropody or equivalent degree as determined by the affiliated credentialing board, and holding a license to practice podiatry or podiatric medicine and surgery granted by the affiliated credentialing board under this subchapter.

AB726,270 Section 270. 448.60 (5) of the statutes is amended to read:

AB726,68,21 448.60 (5) "Unprofessional conduct" means an act or attempted act of commission or omission, as defined by the affiliated credentialing board by rule under s. 448.695 (1), or an act by a podiatrist in violation of ch. 450 or 961.

AB726,271 Section 271. 448.63 (1) (intro.) of the statutes is amended to read:

AB726,68,24 448.63 (1) (intro.) Subject to sub. (4), the affiliated credentialing board shall grant a license as a podiatrist to a person who does all of the following:

AB726,272 Section 272. 448.63 (1) (c) of the statutes is amended to read:

AB726,69,3 448.63 (1) (c) Subject to ss. 111.321, 111.322 , and 111.335, submits evidence satisfactory to the affiliated credentialing board that the applicant does not have an arrest or conviction record.

AB726,273 Section 273. 448.63 (1) (d) (intro.) of the statutes is amended to read:

AB726,69,6 448.63 (1) (d) (intro.) Submits evidence satisfactory to the affiliated credentialing board of all of the following:

AB726,274 Section 274. 448.63 (1) (d) 1. of the statutes is amended to read:

AB726,69,12 448.63 (1) (d) 1. That the applicant is a graduate of a school of podiatric medicine and surgery approved by the affiliated credentialing board and possesses a diploma from such school conferring the degree of doctor of podiatric medicine, or equivalent degree as determined by the affiliated credentialing board, unless the affiliated credentialing board waives these requirements under sub. (2).

AB726,275 Section 275. 448.63 (1) (d) 2. of the statutes is amended to read:

AB726,69,17 448.63 (1) (d) 2. That the applicant has completed 2 years of postgraduate training in a program approved by the affiliated credentialing board or one year of postgraduate training in a program approved by the affiliated credentialing board if the one-year postgraduate training was completed by June 1, 2010.

AB726,276 Section 276. 448.63 (2) (intro.) of the statutes is amended to read:

AB726,69,21 448.63 (2) (intro.) The affiliated credentialing board may waive the requirement under sub. (1) (d) 1. for an applicant who establishes, to the satisfaction of the affiliated credentialing board, all of the following:

AB726,277 Section 277. 448.63 (3) of the statutes is amended to read:

AB726,69,24 448.63 (3) The affiliated credentialing board may promulgate rules providing for various classes of temporary licenses to practice podiatry.

AB726,278 Section 278. 448.63 (4) of the statutes is amended to read:

AB726,70,6 448.63 (4) The affiliated credentialing board may grant a limited license to an applicant for a license under sub. (1) if the affiliated credentialing board finds that the applicant has not demonstrated adequate education, training or performance on any past examination or in any past practice, and that, based upon considerations of public health and safety, the applicant does not qualify for full licensure under sub. (1).

AB726,279 Section 279. 448.64 (1) of the statutes is amended to read:

AB726,70,10 448.64 (1) The affiliated credentialing board shall conduct or arrange for examinations for podiatrist licensure at least semiannually and at times and places determined by the affiliated credentialing board.

AB726,280 Section 280. 448.64 (3) of the statutes is amended to read:

AB726,70,17 448.64 (3) The affiliated credentialing board may not require an applicant to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a podiatry school that is not in the United States if the applicant establishes, to the satisfaction of the affiliated credentialing board, that he or she satisfies the requirements under s. 448.63 (2).

AB726,281 Section 281. 448.64 (4) of the statutes is amended to read:

AB726,70,21 448.64 (4) The affiliated credentialing board may require an applicant who fails to appear for or to complete an examination under this section to reapply for licensure before being admitted to a subsequent examination.

AB726,282 Section 282. 448.64 (5) of the statutes is amended to read:

AB726,71,5 448.64 (5) An applicant who fails to pass an examination under this section may request reexamination, and may be reexamined not more than twice at not less than 4-month intervals, and shall pay a reexamination fee for each reexamination. An applicant who fails to pass an examination on the 2nd such reexamination may not be admitted to further examination until the applicant reapplies for licensure and submits evidence that shows, to the satisfaction of the affiliated credentialing board, that he or she has completed additional education or received additional professional training.

AB726,283 Section 283. 448.655 (1) (intro.) of the statutes is amended to read:

AB726,71,9 448.655 (1) (intro.) A licensed podiatrist shall annually submit to the affiliated credentialing board evidence satisfactory to the affiliated credentialing board that the podiatrist satisfies one of the following:

AB726,284 Section 284. 448.655 (1) (b) 3. a. of the statutes is amended to read:

AB726,71,13 448.655 (1) (b) 3. a. At least the minimum amount of malpractice liability insurance coverage that is required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located.

AB726,285 Section 285. 448.655 (1) (b) 3. b. of the statutes is amended to read:

AB726,71,20 448.655 (1) (b) 3. b. If the podiatrist is not required under the laws of the state in which the affiliated credentialing board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, at least the minimum amount of malpractice liability insurance coverage that the affiliated credentialing board determines is necessary to protect the public.

AB726,286 Section 286. 448.655 (2) (intro.) of the statutes is amended to read:

AB726,71,24 448.655 (2) (intro.) For purposes of sub. (1), a podiatrist's principal place of practice is not in this state if the affiliated credentialing board determines that, during the following 12 months, any of the following applies:

AB726,287 Section 287. 448.655 (3) of the statutes is amended to read:

AB726,72,3 448.655 (3) The affiliated credentialing board may suspend, revoke, or refuse to issue or renew the license of a podiatrist who fails to procure or to submit proof of the malpractice liability insurance coverage required under sub. (1).

AB726,288 Section 288. 448.665 of the statutes is amended to read:

AB726,72,15 448.665 Continuing education. The affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter. The rules shall require a licensee to complete at least 30 hours of continuing education programs or courses of study within each 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a). The affiliated credentialing board may waive all or part of these requirements for the completion of continuing education programs or courses of study if the affiliated credentialing board determines that prolonged illness, disability or other exceptional circumstances have prevented a licensee from completing the requirements.

AB726,289 Section 289. 448.675 (1) (a) of the statutes is amended to read:

AB726,73,3 448.675 (1) (a) The affiliated credentialing board shall investigate allegations of unprofessional conduct and negligence in treatment by a licensee. Information contained in reports filed with the affiliated credentialing board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17, or 632.715, or under 42 CFR 1001.2005, shall be investigated by the affiliated credentialing board. Information contained in a report filed with the affiliated credentialing board under s. 50.36 (3) (c) may, within the discretion of the affiliated credentialing board, be used as the basis of an investigation of a person named in the report. The affiliated credentialing board may require a licensee to undergo and may consider the results of a physical, mental, or professional competency examination if the affiliated credentialing board believes that the results of the examination may be useful to the affiliated credentialing board in conducting its investigation.

AB726,290 Section 290. 448.675 (1) (b) of the statutes is amended to read:

AB726,73,18 448.675 (1) (b) After an investigation, if the affiliated credentialing board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the affiliated credentialing board shall hold a hearing on such conduct. The affiliated credentialing board may require a licensee to undergo and may consider the results of a physical, mental, or professional competency examination if the affiliated credentialing board believes that the results of the examination may be useful to the affiliated credentialing board in conducting its hearing. A finding by a court that a podiatrist has acted negligently in treating a patient is conclusive evidence that the podiatrist is guilty of negligence in treatment. A certified copy of the order of a court is presumptive evidence that the finding of negligence in treatment was made. The affiliated credentialing board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under s. 227.46 (2), within 90 days after the date on which those proceedings are completed.

AB726,291 Section 291. 448.675 (1) (c) of the statutes is amended to read:

AB726,74,6 448.675 (1) (c) After a disciplinary hearing, the affiliated credentialing board may, when it determines that a court has found that a person has been negligent in treating a patient or when it finds a person guilty of unprofessional conduct or negligence in treatment, do one or more of the following: warn or reprimand that person, or limit, suspend, or revoke a license granted by the affiliated credentialing board under this subchapter to that person. The affiliated credentialing board may condition the removal of limitations on a license, or the restoration of a suspended or revoked license, upon obtaining minimum results specified by the affiliated credentialing board on a physical, mental, or professional competency examination if the affiliated credentialing board believes that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension, or revocation was imposed.

AB726,292 Section 292. 448.675 (1) (d) 2. of the statutes is amended to read:

AB726,74,9 448.675 (1) (d) 2. Appear before the affiliated credentialing board or its officers or agents at such times and places designated by the affiliated credentialing board.

AB726,293 Section 293. 448.675 (1) (d) 3. of the statutes is amended to read:

AB726,74,12 448.675 (1) (d) 3. Fully disclose to the affiliated credentialing board or its officers or agents the nature of the person's practice and conduct.

AB726,294 Section 294. 448.675 (1) (d) 4. of the statutes is amended to read:

AB726,74,15 448.675 (1) (d) 4. Fully comply with the limits placed on his or her practice and conduct by the affiliated credentialing board.