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(d) Submits evidence satisfactory to the affiliated credentialing board
20establishing all of the following:
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1. That the applicant has practiced as a licensed chiropractor in good standing
22with the chiropractic examining board for at least two years and remains a licensed
23chiropractor in good standing with the chiropractic examining board under ch. 446.
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2. That the applicant is a graduate of a master of science degree program in
25spinal medicine approved by the affiliated credentialing board under s. 448.973 and
1possesses a diploma from that program conferring the degree of primary spinal care
2practitioner or equivalent degree as determined by the affiliated credentialing
3board.
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4(2) The affiliated credentialing board may waive the requirements under sub.
5(1) (d) for an applicant who establishes, to the satisfaction of the affiliated
6credentialing board, all of the following:
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(a) That the applicant is a graduate of a spinal medicine school or program.
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(b) That the applicant is licensed as a primary spinal care practitioner or its
9equivalent by another licensing jurisdiction in the United States.
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(c) That the jurisdiction in which the applicant is licensed required the
11applicant to be a graduate of a school or program approved by the licensing
12jurisdiction or of a school or program that the licensing jurisdiction evaluated for
13education equivalency.
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(d) That the applicant has actively practiced spinal medicine, under the license
15issued by the other licensing jurisdiction in the United States, for at least 3 years
16immediately preceding the date of his or her application for a license under this
17subchapter.
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18(3) The affiliated credentialing board may promulgate rules providing for
19various classes of temporary licenses to practice spinal medicine.
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20(4) If the affiliated credentialing board finds, based upon considerations of
21public health and safety, that an applicant has not demonstrated adequate
22education, training, or performance on examinations or in past practice, if any, to
23qualify for full licensure under sub. (1), the board may grant the applicant a limited
24license and shall so notify the applicant.
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1448.973 Education. The affiliated credentialing board shall approve a master
2of science degree program in spinal medicine that is accredited by the Higher
3Learning Commission or an equivalent accrediting body, as determined by the
4affiliated credentialing board, and that includes all of the following:
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5(1) At least 60 hours of instruction, including classroom instruction, in the
6following subjects:
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(a) Causes of spinal pain and differential diagnosis.
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(b) Case management and coordination of care in spinal pain patients.
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(c) Spinal injuries, correlated with diagnostic imaging.
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(d) Public health issues and epidemiology of spinal pain conditions.
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(e) Pharmacology.
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(f) Nutrition for musculoskeletal health.
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(g) Interpreting research and applying evidence in spinal care practice.
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14(2) At least 500 clinical rotation hours under the supervision of a physician.
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15(3) An examination in spinal medicine approved by the affiliated credentialing
16board.
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17448.9735 Issuance of license; expiration and renewal; duplicate
18license. (1) The department shall issue a certificate of licensure to each person who
19is licensed under this subchapter.
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20(2) (a) The renewal date for a license granted under this subchapter, other than
21a temporary license granted under rules promulgated under s. 448.9725 (3), is
22specified under s. 440.08 (2) (a).
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(b) Renewal applications shall be submitted to the department on a form
24provided by the department and shall be accompanied by all of the following:
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1. The renewal fee determined by the department under s. 440.03 (9) (a).
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12. Proof of completion of continuing education requirements in s. 448.975.
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3. Proof of current licensure by the chiropractic examining board under ch. 446,
3unless the affiliated credentialing board waives that requirement under s. 448.9725
4(2).
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5(3) A licensee whose license is lost, stolen, or destroyed may apply to the
6department for a duplicate license. Duplicate license applications shall be submitted
7to the department on a form provided by the department and shall be accompanied
8by the fee specified under s. 440.05 (7) and an affidavit describing the circumstances
9of the loss, theft, or destruction of the license. Upon receipt of an application under
10this subsection, the department shall issue a duplicate license bearing on its face the
11word "duplicate".
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12448.974 Malpractice liability insurance. (1) Each licensee shall annually
13submit to the affiliated credentialing board evidence satisfactory to the affiliated
14credentialing board that the licensee satisfies any of the following:
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(a) The licensee has in effect malpractice liability insurance coverage in the
16amount of at least $1,000,000 per occurrence and $1,000,000 for all occurrences in
17one year.
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(b) The licensee meets all of the following conditions:
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1. The licensee's principal place of practice is not in this state.
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2. The licensee will not be engaged in the practice of spinal medicine in this
21state for more than 240 hours during the following 12 months.
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3. The licensee has in effect malpractice liability insurance coverage that
23covers services provided by the licensee to patients in this state and that is in any
24of the following amounts:
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1a. At least the minimum amount of malpractice liability insurance coverage
2that is required under the laws of the state in which the affiliated credentialing board
3determines that the licensee's principal place of practice is located.
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b. If the licensee is not required under the laws of the state in which the
5affiliated credentialing board determines that the licensee's principal place of
6practice is located to have in effect a minimum amount of malpractice liability
7insurance coverage, at least the minimum amount of malpractice liability insurance
8coverage that the affiliated credentialing board determines is necessary to protect
9the public.
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10(2) A licensee's principal place of practice is not in this state for purposes of sub.
11(1) (b) if the affiliated credentialing board determines that, during the following 12
12months, any of the following applies:
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(a) More than 50 percent of the licensee's practice will be performed outside this
14state.
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(b) More than 50 percent of the income from the licensee's practice will be
16derived from outside this state.
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(c) More than 50 percent of the licensee's patients will be treated by the licensee
18outside this state.
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19(3) The affiliated credentialing board may suspend, revoke, or refuse to issue
20or renew the license of a person who fails to procure or to submit proof of the
21malpractice liability insurance coverage required under sub. (1).
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22448.9745 Malpractice. Except as provided in s. 257.03, a person who
23practices spinal medicine without a license under s. 448.9725 may be liable for
24malpractice, and the person's ignorance of a duty ordinarily performed by a primary
1spinal care practitioner shall not limit his or her liability for an injury arising from
2his or her practice of spinal medicine.
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3448.975 Continuing education. (1) (a) 1. The affiliated credentialing board
4shall promulgate rules establishing requirements and procedures for licensees to
5complete continuing education programs or courses of study in order to qualify for
6renewal of a license granted under this subchapter.
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2. The rules shall allow for program sponsors, as defined in s. 446.028, to
8conduct continuing education programs.
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3. The rules shall require each licensee to complete at least 50 hours of
10approved continuing education within each 2-year period immediately preceding
11the renewal date specified under s. 440.08 (2) (a).
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(b) 1. A licensee may apply up to 40 of the 50 continuing education hours
13required under par. (a) toward the continuing education requirements for
14chiropractors under ch. 446, as determined by the chiropractic examining board.
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2. At least 25 of the 50 continuing education hours required under par. (a) shall
16include evidence-based pharmacology and medical procedures-based training.
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17(2) The affiliated credentialing board may waive all or part of the requirements
18under sub. (1) if the affiliated credentialing board determines that prolonged illness,
19disability, or other exceptional circumstances prevented a licensee from completing
20the requirements.
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21448.9755 Fee splitting and billing requirements. (1)
Fee splitting. No
22licensee may give or receive, directly or indirectly, to or from any other person any
23fee, commission, rebate, or other form of compensation or anything of value for
24sending, referring, or otherwise inducing a person to communicate with a licensee
1in a professional capacity, or for any professional services not actually rendered
2personally by the licensee or at the licensee's direction.
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3(2) Separate billing required. Except as provided in sub. (4), a licensee who
4renders any spinal medicine service or assistance, or gives any spinal medicine
5advice or any similar advice or assistance, to any patient, primary spinal care
6practitioner, chiropractor, physician, physician assistant, advanced practice nurse
7prescriber certified under s. 441.16 (2), partnership, or corporation, or to any other
8institution or organization, including a hospital, for which a charge is made to a
9patient, shall, except as authorized by Title 18 or Title 19 of the federal Social
10Security Act, render an individual statement or account of the charge directly to the
11patient, distinct and separate from any statement or account by any other primary
12spinal care practitioner, chiropractor, physician, physician assistant, advanced
13practice nurse prescriber, or other person.
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14(3) Billing for tests performed by the state laboratory of hygiene. A
15licensee who charges a patient, other person, or 3rd-party payer for services
16performed by the state laboratory of hygiene shall identify the actual amount
17charged by the state laboratory of hygiene and shall restrict charges for those
18services to that amount.
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19(4) Billing by entity. If 2 or more licensees form an entity for the practice of
20spinal medicine, the entity may not render a single bill for health care services
21provided in the name of the entity unless each individual licensed, registered, or
22certified under this chapter or ch. 446, 449, 450, 455, 457, or 459, who provides
23services is individually identified on the bill as having rendered those services.
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24448.976 Disciplinary proceedings and actions. (1) In this section,
25"unprofessional conduct" means an act or attempted act of commission or omission,
1as defined by the affiliated credentialing board by rule, or an act by a primary spinal
2care practitioner otherwise in violation of this subchapter or in violation of ch. 446,
3450, or 961.
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4(2) Investigation; hearing; action. (a) 1. The affiliated credentialing board
5shall investigate allegations of unprofessional conduct and negligence in the practice
6of spinal medicine. The affiliated credentialing board shall refer an allegation of a
7violation of ch. 446 to the chiropractic examining board for investigation, unless the
8alleged conduct also involves a violation of this subchapter or ch. 450 or 961, in which
9case the affiliated credentialing board and the chiropractic examining board shall
10consult concerning the investigation.
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2. The affiliated credentialing board shall investigate information contained
12in reports filed with the affiliated credentialing board under s. 49.45 (2) (a) 12r., 50.36
13(3) (b), 609.17, or 632.715, or under
42 CFR 1001.2005.
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3. The affiliated credentialing board may use information contained in a report
15filed with the affiliated credentialing board under s. 50.36 (3) (c) as the basis of an
16investigation of a person named in the report.
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4. The affiliated credentialing board may require a person to undergo and may
18consider the results of a physical, mental, or professional competency examination
19if the affiliated credentialing board believes that the results of the examination may
20be useful to the affiliated credentialing board in conducting an investigation under
21this paragraph.
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(b) 1. After an investigation, if the affiliated credentialing board finds that
23there is probable cause to believe that a person is guilty of unprofessional conduct
24or negligence in the practice of spinal medicine, the affiliated credentialing board
25shall hold a hearing.
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12. The affiliated credentialing board may require a person to undergo and may
2consider the results of a physical, mental, or professional competency examination
3if the affiliated credentialing board believes that the results of the examination may
4be useful to the affiliated credentialing board in conducting a hearing under subd.
51.
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3. A finding by a court that a person has acted negligently in the practice of
7spinal medicine is conclusive evidence that the person is guilty of that negligence.
8A certified copy of the order of a court is presumptive evidence that the finding of
9negligence was made.
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4. The affiliated credentialing board shall render a decision within 90 days
11after the date on which a hearing is held under subd. 1. or, if subsequent proceedings
12are conducted under s. 227.46 (2), within 90 days after the date on which those
13proceedings are completed.
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(c) 1. After a disciplinary hearing under par. (b), the affiliated credentialing
15board may, when it determines that a court has found that a person has been
16negligent in the practice of spinal medicine or when it finds a person guilty of
17unprofessional conduct or negligence in the practice of spinal medicine, warn or
18reprimand that person, or limit, suspend, or revoke the person's license granted by
19the affiliated credentialing board.
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2. The affiliated credentialing board may condition the removal of limitations
21on a license, or the restoration of a suspended or revoked license, upon obtaining
22minimum results specified by the affiliated credentialing board on a physical,
23mental, or professional competency examination if the affiliated credentialing board
24believes that obtaining the minimum results is related to correcting one or more of
25the bases upon which the limitation, suspension, or revocation was imposed.
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1(d) A person whose license under this subchapter is limited shall be permitted
2to continue practice if the he or she agrees to do all of the following:
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1. Refrain from engaging in unprofessional conduct.
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2. Appear before the affiliated credentialing board or its officers or agents at
5such times and places designated by the affiliated credentialing board.
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3. Fully disclose to the affiliated credentialing board or its officers or agents the
7nature of the person's practice and conduct.
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4. Fully comply with the limits placed on the person's practice and conduct by
9the affiliated credentialing board.
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5. Obtain additional training, education or supervision required by the
11affiliated credentialing board.
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6. Cooperate with the affiliated credentialing board.
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(e) Unless a suspended license is revoked during the period of suspension, upon
14expiration of the period of suspension the affiliated credentialing board shall
15reinstate the person's license, except that the affiliated credentialing board may, as
16a condition precedent to the reinstatement of the license, require the person to pass
17any examination required for the original grant of the license.
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(f) The affiliated credentialing board shall comply with rules of procedure for
19the investigation, hearing, and action promulgated by the department under s.
20440.03 (1).
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21(3) Suspension pending hearing. (a) The affiliated credentialing board may
22summarily suspend a license granted by the affiliated credentialing board for a
23period not to exceed 30 days pending hearing if the affiliated credentialing board has
24in its possession evidence establishing probable cause to believe that the licensee has
25violated the provisions of this subchapter and that it is necessary to suspend the
1license immediately to protect the public health, safety, or welfare. The licensee shall
2be granted an opportunity to be heard before the affiliated credentialing board
3decides whether probable cause exists.
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(b) The affiliated credentialing board may designate any of its officers to
5exercise the authority to suspend summarily a license, for a period not exceeding 72
6hours.
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(c) If a license has been summarily suspended under par. (a) or (b), the affiliated
8credentialing board may, while the hearing is in progress, extend the initial period
9of suspension for not more than an additional 30 days, except that if the licensee has
10caused a delay in the hearing process, the affiliated credentialing board may suspend
11the license from the time the hearing is commenced until a final decision is issued
12or may delegate such authority to the hearing examiner.
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13(4) Voluntary surrender. The affiliated credentialing board may negotiate
14stipulations in consideration for accepting the surrender of a license under s. 440.19.
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15(5) Restoration of a license. The affiliated credentialing board may restore
16a license that has been voluntarily surrendered or revoked on such terms and
17conditions as it considers appropriate.
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18448.9765 Hospital reports. (1) Within 30 days after receipt of a report under
19s. 50.36 (3) (c), the affiliated credentialing board shall notify the licensee, in writing,
20of the substance of the report. The licensee and the licensee's authorized
21representative may examine the report and may place into the record a statement,
22of reasonable length, of the licensee's view of the correctness or relevance of any
23information in the report. The licensee may institute an action in circuit court to
24amend or expunge any part of the licensee's record related to the report.
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1(2) If the affiliated credentialing board determines that a report submitted
2under s. 50.36 (3) (c) is without merit or that the licensee has sufficiently improved
3his or her conduct, the affiliated credentialing board shall remove the report from the
4licensee's record. If no report about a licensee is filed under s. 50.36 (3) (c) for 2
5consecutive years, the licensee may petition the affiliated credentialing board to
6remove any prior reports not resulting in disciplinary action from his or her record.
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7(3) (a) In this subsection, "hospital" has the meaning specified in s. 50.33 (2).
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(b) Upon the request of a hospital, the affiliated credentialing board shall
9provide the hospital with all information relating to a licensee's loss, reduction, or
10suspension of staff privileges from other hospitals and all information relating to the
11licensee's being found guilty of unprofessional conduct or negligence in the practice
12of chiropractic medicine under s. 448.976.
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13448.977 Injunctive relief. If the affiliated credentialing board has reason to
14believe that a person is violating this subchapter or a rule promulgated under this
15subchapter, the affiliated credentialing board, the department, the attorney general,
16or the district attorney of the proper county may investigate and may, in addition to
17all other remedies, bring an action in the name and on behalf of this state to enjoin
18the person from the violation.
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19448.9775 Penalties; appeal.
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20(1) Penalties. (a) Except as provided in par. (b), a person who violates a
21provision of this subchapter or a rule promulgated under this subchapter may be
22fined not more than $10,000 or imprisoned for not more than 9 months or both.
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(b) A person who violates s. 448.9755 (3) may be fined not more than $250.
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24(2) Appeal. A person aggrieved by an action taken under this subchapter by
25the affiliated credentialing board, its officers, or its agents may apply for judicial
1review as provided in ch. 227, and shall file notice of such appeal with the affiliated
2credentialing board within 30 days.
No court of this state may enter an ex parte stay
3of an action taken by the affiliated credentialing board under this subchapter.
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4448.978 Rules. The affiliated credentialing board shall promulgate rules
5defining the acts or attempted acts of commission or omission that constitute
6unprofessional conduct under s. 448.976 (1).
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7448.9785 Informed consent. Any primary spinal care practitioner who
8treats a patient shall inform the patient about the availability of reasonable
9alternate modes of treatment and about the benefits and risks of these treatments.
10The reasonable primary spinal care practitioner standard is the standard for
11informing a patient under this section. The reasonable primary spinal care
12practitioner standard requires disclosure only of information that a reasonable
13primary spinal care practitioner would know and disclose under the circumstances.
14The primary spinal care practitioner's duty to inform the patient under this section
15does not require disclosure of any of the following:
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16(1) Detailed technical information that in all probability a patient would not
17understand.