AB726: Bill Text

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.

AB726,295 Section 295. 448.675 (1) (d) 5. of the statutes is amended to read:

AB726,74,18 448.675 (1) (d) 5. Obtain additional training, education , or supervision required by the affiliated credentialing board.

AB726,296 Section 296. 448.675 (1) (d) 6. of the statutes is amended to read:

AB726,74,20 448.675 (1) (d) 6. Cooperate with the affiliated credentialing board.

AB726,297 Section 297. 448.675 (1) (e) of the statutes is amended to read:

AB726,75,2 448.675 (1) (e) Unless a suspended license is revoked during the period of suspension, upon expiration of the period of suspension the affiliated credentialing board shall reinstate the person's license, except that the affiliated credentialing board may, as a condition precedent to the reinstatement of the license, require the person to pass the examinations required for the original grant of the license.

AB726,298 Section 298. 448.675 (1) (f) of the statutes is amended to read:

AB726,75,6 448.675 (1) (f) The affiliated credentialing board shall comply with rules of procedure for the investigation, hearing, and action promulgated by the department under s. 440.03 (1).

AB726,299 Section 299. 448.675 (1) (g) of the statutes is amended to read:

AB726,75,11 448.675 (1) (g) Nothing in this subsection prohibits the affiliated credentialing board, in its discretion, from investigating and conducting disciplinary proceedings on allegations of unprofessional conduct by a licensee when the allegations of unprofessional conduct may also constitute allegations of negligence in treatment.

AB726,300 Section 300. 448.675 (2) of the statutes is amended to read:

AB726,76,4 448.675 (2) Suspension pending hearing. The affiliated credentialing board may summarily suspend a license granted by the affiliated credentialing board under this subchapter for a period not to exceed 30 days pending hearing if the affiliated credentialing board has in its possession evidence establishing probable cause to believe that the licensee has violated the provisions of this subchapter and that it is necessary to suspend the license immediately to protect the public health, safety, or welfare. The licensee shall be granted an opportunity to be heard during the determination of whether or not probable cause exists. The affiliated credentialing board may designate any of its officers to exercise the authority granted by this subsection to suspend summarily a license, for a period not exceeding 72 hours. If a license has been summarily suspended by the affiliated credentialing board or any of its officers, the affiliated credentialing board may, while the hearing is in progress, extend the initial period of suspension for not more than an additional 30 days. If the licensee has caused a delay in the hearing process, the affiliated credentialing board may subsequently suspend the license from the time the hearing is commenced until a final decision is issued or may delegate such authority to the hearing examiner.

AB726,301 Section 301. 448.675 (3) of the statutes is amended to read:

AB726,76,11 448.675 (3) Voluntary surrender. A licensee may voluntarily surrender his or her license to the secretary of the affiliated credentialing board, but the secretary board may refuse to accept the surrender if the affiliated credentialing board has received an allegation of unprofessional conduct against the licensee. The affiliated credentialing board may negotiate stipulations in consideration for accepting the surrender of a license.

AB726,302 Section 302. 448.675 (4) of the statutes is amended to read:

AB726,76,16 448.675 (4) Restoration of license, certificate or limited permit. The affiliated credentialing board may restore a license which that has been voluntarily surrendered or revoked under this subchapter on such terms and conditions as it considers appropriate.

AB726,303 Section 303. 448.68 (1) of the statutes is amended to read:

AB726,76,24 448.68 (1) Within 30 days after receipt of a report under s. 50.36 (3) (c), the affiliated credentialing board shall notify the licensee, in writing, of the substance of the report. The licensee and the licensee's authorized representative may examine the report and may place into the record a statement, of reasonable length, of the licensee's view of the correctness or relevance of any information in the report. The licensee may institute an action in circuit court to amend or expunge any part of the licensee's record related to the report.

AB726,304 Section 304. 448.68 (2) of the statutes is amended to read:

AB726,77,7 448.68 (2) If the affiliated credentialing board determines that a report submitted under s. 50.36 (3) (c) is without merit or that the licensee has sufficiently improved his or her conduct, the affiliated credentialing board shall remove the report from the licensee's record. If no report about a licensee is filed under s. 50.36 (3) (c) for 2 consecutive years, the licensee may petition the affiliated credentialing board to remove any prior reports, which did not result in disciplinary action, from his or her record.

AB726,305 Section 305. 448.68 (3) of the statutes is amended to read:

AB726,77,13 448.68 (3) Upon the request of a hospital, the affiliated credentialing board shall provide the hospital with all information relating to a licensee's loss, reduction or suspension of staff privileges from other hospitals and all information relating to the licensee's being found guilty of unprofessional conduct. In this subsection, "hospital" has the meaning specified under s. 50.33 (2).

AB726,306 Section 306. 448.685 of the statutes is amended to read:

AB726,77,20 448.685 Injunctive relief. If the affiliated credentialing board has reason to believe that a person is violating this subchapter or a rule promulgated under this subchapter, the affiliated credentialing 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.

AB726,307 Section 307. 448.69 (2) of the statutes is amended to read:

AB726,78,2 448.69 (2) Appeal. A person aggrieved by an action taken under this subchapter by the affiliated credentialing board, or its officers or its agents may apply for judicial review as provided in ch. 227, and shall file notice of such appeal with the secretary of the affiliated credentialing board within 30 days. No court of this state may enter an ex parte stay of an action taken by the affiliated credentialing board under this subchapter.

AB726,308 Section 308. 448.695 (1) (intro.) of the statutes is amended to read:

AB726,78,5 448.695 (1) (intro.) The affiliated credentialing board shall promulgate all of the following rules:

AB726,309 Section 309. 448.695 (2) of the statutes is amended to read:

AB726,78,8 448.695 (2) The affiliated credentialing board may promulgate rules to carry out the purposes of this subchapter.

AB726,310 Section 310. 448.695 (3) of the statutes is amended to read:

AB726,78,16 448.695 (3) The affiliated credentialing board shall promulgate rules specifying the requirements for a course of instruction related to X-ray examinations by persons under the direct supervision of a podiatrist under s. 462.02 (2) (f). In promulgating the rules, the affiliated credentialing board shall consult with the radiography examining board and shall examine laws and rules in other states. The affiliated credentialing board shall approve courses that meet the requirements set forth in the rules.

AB726,311 Section 311. Subchapter V (title) of chapter 448 [precedes 448.70] of the statutes is amended to read:

AB726,78,19 CHAPTER 448

AB726,78,20 SUBCHAPTER V

AB726,78,22 DIETITIANS AFFILIATED CREDENTIALING BOARD

AB726,312 Section 312. 448.70 (1) of the statutes is repealed.

AB726,313 Section 313. 448.72 (1) (c) of the statutes is amended to read:

AB726,79,4 448.72 (1) (c) A person pursuing a supervised course of study, including internships, leading to a degree or certificate in dietetics from an accredited educational program or an educational program approved by the affiliated credentialing board department.

AB726,314 Section 314. 448.72 (6) of the statutes is amended to read:

AB726,79,10 448.72 (6) Prohibit an individual from using the title "dietitian", "dietitian," "licensed dietitian" dietitian," or "certified dietitian" if the person is licensed or certified as a dietitian under the laws of another state which that has licensure or certification requirements that the affiliated credentialing board department determines to be substantially equivalent to the requirements under s. 448.78.

AB726,315 Section 315. 448.74 (intro.) of the statutes is amended to read:

AB726,79,14 448.74 Duties of affiliated credentialing board the department. (intro.) The affiliated credentialing board department shall promulgate rules that do all of the following:

AB726,316 Section 316. 448.78 (intro.) of the statutes is amended to read:

AB726,79,18 448.78 Certification of dietitians. (intro.) The affiliated credentialing board department shall grant a certificate as a dietitian to an individual who does all of the following:

AB726,317 Section 317. 448.78 (3) (intro.) of the statutes is amended to read:

AB726,79,21 448.78 (3) (intro.) Submits evidence satisfactory to the affiliated credentialing board department that he or she has done any of the following:

AB726,318 Section 318. 448.78 (3) (a) of the statutes is amended to read:

AB726,80,2 448.78 (3) (a) Received a bachelor's, master's, or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics   , or food systems management from a program at a college or university that is regionally accredited, as determined by the affiliated credentialing board department, and that is located in a state or territory of the United States.

AB726,319 Section 319. 448.78 (3) (b) of the statutes is amended to read:

AB726,80,8 448.78 (3) (b) Received a bachelor's, master's, or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management from a program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board department determines that the program is substantially equivalent to a program under par. (a).

AB726,320 Section 320. 448.78 (3) (c) of the statutes is amended to read:

AB726,80,13 448.78 (3) (c) Received a degree from or otherwise successfully completed a program in human nutrition, nutrition education, food and nutrition, dietetics, or food systems management that is approved by the affiliated credentialing board department.

AB726,321 Section 321. 448.78 (4) (intro.) of the statutes is amended to read:

AB726,80,18 448.78 (4) (intro.) Submits evidence satisfactory to the affiliated credentialing board department that he or she has completed at least 900 hours of dietetics practice in any state or territory of the United States under the supervision of any of the following:

AB726,322 Section 322. 448.78 (4) (c) 1. of the statutes is amended to read:

AB726,80,22 448.78 (4) (c) 1. A program at a college or university that is regionally accredited, as determined by the affiliated credentialing board department, and that is located in a state or territory of the United States.

AB726,323 Section 323. 448.78 (4) (c) 2. of the statutes is amended to read:

AB726,81,2 448.78 (4) (c) 2. A program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board department determines that the program is substantially equivalent to a program under subd. 1.

AB726,324 Section 324. 448.78 (5) of the statutes is amended to read:

AB726,81,7 448.78 (5) Passes the registration examination for dietitians established by the commission on dietetic registration of the American dietetic association, or passes an equivalent examination approved by the affiliated credentialing board department, and held under s. 448.84, to determine fitness to practice dietetics.

AB726,325 Section 325. 448.80 of the statutes is amended to read:

AB726,81,15 448.80 Temporary certificate. Upon application and payment of the fee specified in s. 440.05 (6), the affiliated credentialing board department may grant a temporary dietitian certificate to an individual who satisfies the requirements under s. 448.78 (1) to (4) and has submitted an application to take the next available examination under s. 448.84. A temporary certificate granted under this section is valid for a period designated by the affiliated credentialing board department, not to exceed 9 months, and may be renewed once by the affiliated credentialing board.

AB726,326 Section 326. 448.82 of the statutes is amended to read:

AB726,81,23 448.82 Reciprocal certificate. Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board department shall grant a dietitian certificate to an individual who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board department determines that the requirements for receiving the certificate in the other state or territory are substantially equivalent to the requirements under s. 448.78.

AB726,327 Section 327. 448.84 (1) of the statutes is amended to read:

AB726,82,5 448.84 (1) The affiliated credentialing board department shall conduct or arrange for examinations for dietitian certification at least semiannually and at times and places determined by the affiliated credentialing board department, and shall provide public notice of each examination at least 90 days before the date of the examination.

AB726,328 Section 328. 448.87 (1) of the statutes is amended to read:

AB726,82,10 448.87 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board department may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB726,329 Section 329. 448.87 (2) (intro.) of the statutes is amended to read:

AB726,82,15 448.87 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board department may reprimand a certified dietitian or deny, limit, suspend, or revoke a certificate granted under this subchapter if it finds that the applicant or certified dietitian has done any of the following:

AB726,330 Section 330. Subchapter VI (title) of chapter 448 [precedes 448.95] of the statutes is renumbered subchapter III (title) of chapter 464 [precedes 464.40] and amended to read:

AB726,82,19 Chapter 464

AB726,82,20 Subchapter III

AB726,82,22 ATHLETIC TRAINERS AFFILIATED CREDENTIALING BOARD

AB726,331 Section 331. 448.95 (intro.) of the statutes is renumbered 464.40 (intro.).

AB726,332 Section 332. 448.95 (1) of the statutes is repealed.

AB726,333 Section 333. 448.95 (4) of the statutes is renumbered 464.40 (1).