February 20, 2020 - Introduced by Senators Bernier, Ringhand, Tiffany and
Bewley, cosponsored by Representatives Felzkowski, Rodriguez, Macco,
Bowen, Dittrich, Gundrum, Kulp, L. Myers, Skowronski and Wichgers.
Referred to Committee on Health and Human Services.
SB866,2,2 1An Act to renumber 252.14 (1) (ar) 4q.; to amend 15.08 (1m) (b), 36.25 (11) (b),
246.03 (44), 48.981 (2m) (b) 1., 60.23 (9), 69.01 (6g), 77.54 (14) (b), 77.54 (14) (d),
3118.15 (3) (a), 118.25 (1) (a), 118.29 (1) (e), 146.82 (3) (a), 146.89 (1) (r) 1., 155.01
4(7), 252.11 (10), 255.06 (1) (d), 255.07 (1) (d), 257.01 (5) (a) and (b), 448.03 (2)
5(a), 448.035 (2) to (4), 448.56 (1), 448.56 (1m) (b), 450.03 (1) (e), 450.11 (7) (b),
6462.04, 895.48 (1m) (a) (intro.) and 2., 905.04 (1) (b) and (c), (2) and (3), 961.01
7(19) (a), 961.23 (6) and 961.41 (3j); and to create 15.08 (1m) (bm), 15.405 (7f),
848.981 (2) (a) 1m., 69.18 (1) (cj), 77.54 (14) (f) 1m., 146.81 (1) (dc), 146.997 (1)
9(d) 4m., 180.1901 (1m) (h), 252.14 (1) (ar) 4s., 440.03 (13) (b) 39g., 440.08 (2) (a)
1047g., 446.02 (9) (e), 450.10 (3) (a) 12., 450.11 (8) (f), chapter 466, 905.04 (1) (br),
11961.397 and 990.01 (22m) of the statutes; relating to: the regulation and

1licensure of naturopathic doctors, creating a naturopathic medicine examining
2board, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill provides for regulation and licensing for the practice of naturopathic
medicine. Current law does not regulate the practice of naturopathic medicine
specifically, but does require a license in order to engage in anything that falls within
the scope of certain other health care practices, including the practice of medicine
and surgery.
Under the bill, subject to certain exceptions, no one may practice naturopathic
medicine, as defined in the bill, or use the title “naturopathic doctor” or “naturopathic
physician” or make similar representations without a license to practice
naturopathic medicine. A license is granted by the seven-member Naturopathic
Medicine Examining Board, which is created in the bill. Under the bill, the board
must grant an initial license to a person who has completed a qualifying
naturopathic medical program specified in the bill, has passed examinations
specified in the bill, meets certain requirements that the board may establish, does
not have an arrest or conviction record, and pays a fee. The bill allows the board to
disqualify a naturopathic medical program that the board determines does not
adequately prepare students to practice naturopathic medicine. Biennial renewal
of a license requires completion of continuing education requirements established by
the board, as well as satisfaction of other requirements the board may establish.
A naturopathic doctor licensed under the bill may practice naturopathic
medicine, which is defined in the bill and includes a number of specific practices, as
well as a number of practices that are excluded from the definition. The bill also
allows the board to further define the scope of practice of naturopathic medicine by
expressly authorizing or prohibiting certain practices. The practice of naturopathic
medicine includes prescribing drugs, but the bill expressly prohibits naturopathic
doctors from prescribing Schedule I and II controlled substances and narcotics
classified under Schedule III.
The bill requires the board to promulgate rules that establish standards of
practice for and a code of ethics governing the professional conduct of naturopathic
doctors, continuing education requirements for licensure renewal, and examination
standards for licensure, including required passing scores. The bill allows the board
to establish other requirements for initial licensure or renewal of a license and also
allows the board to adopt minimum malpractice insurance requirements for
naturopathic doctors. The bill includes provisions for the professional discipline of
licensees, which allow the board to take certain actions against a licensee who
violates certain prohibitions in the bill.
Finally, the bill also applies certain other laws, such as the law providing for
confidentiality of health care records and the health care workers whistleblowers
protection law, to licensed naturopathic doctors and allows naturopathic doctors to
perform certain actions that can be performed by physicians or other health care

providers, including allowing a naturopathic doctor who is directly involved with the
care of a patient to pronounce a patient's date, time, and place, but not cause, of
death.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB866,1 1Section 1. 15.08 (1m) (b) of the statutes is amended to read:
SB866,3,122 15.08 (1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board, the medical
4examining board, the naturopathic medicine examining board, the physical therapy
5examining board, perfusionists examining council, respiratory care practitioners
6examining council and council on physician assistants, the board of nursing, the
7nursing home administrator examining board, the veterinary examining board, the
8optometry examining board, the pharmacy examining board, the marriage and
9family therapy, professional counseling, and social work examining board, the
10psychology examining board, and the radiography examining board shall not be
11engaged in any profession or occupation concerned with the delivery of physical or
12mental health care.
SB866,2 13Section 2. 15.08 (1m) (bm) of the statutes is created to read:
SB866,3,1614 15.08 (1m) (bm) The public members of the naturopathic medicine examining
15board may not have any financial interest in naturopathic education, business, or
16practice.
SB866,3
1Section 3. 15.405 (7f) of the statutes is created to read:
SB866,4,42 15.405 (7f) Naturopathic medicine examining board. There is created a
3naturopathic medicine examining board in the department of safety and professional
4services consisting of the following members appointed for 4-year terms:
SB866,4,55 (a) Four naturopathic doctors licensed under ch. 466.
SB866,4,86 (b) One physician licensed under ch. 448 who works as a primary care physician
7and who has experience in naturopathic medicine or working with naturopathic
8doctors.
SB866,4,99 (c) Two public members.
SB866,4 10Section 4 . 36.25 (11) (b) of the statutes is amended to read:
SB866,4,1711 36.25 (11) (b) The laboratory shall provide complete laboratory services in the
12areas of water quality, air quality, public health and contagious diseases for
13appropriate state agencies, and may perform examinations for licensed physicians,
14naturopathic doctors, veterinarians, local health officers, as defined in s. 250.01 (5),
15and resource management officials as may be necessary for the prevention and
16control of those diseases and environmental hazards which cause concern for public
17health and environmental quality.
SB866,5 18Section 5 . 46.03 (44) of the statutes is amended to read:
SB866,5,219 46.03 (44) Sexually transmitted disease treatment information. Prepare and
20keep current an information sheet to be distributed to a patient by a physician,
21naturopathic doctor, physician assistant, or certified advanced practice nurse
22prescriber providing expedited partner therapy to that patient under s. 448.035. The
23information sheet shall include information about sexually transmitted diseases and
24their treatment and about the risk of drug allergies. The information sheet shall also
25include a statement advising a person with questions about the information to

1contact his or her physician, pharmacist, or local health department, as defined in
2s. 250.01 (4).
SB866,6 3Section 6. 48.981 (2) (a) 1m. of the statutes is created to read:
SB866,5,44 48.981 (2) (a) 1m. A naturopathic doctor.
SB866,7 5Section 7 . 48.981 (2m) (b) 1. of the statutes is amended to read:
SB866,5,96 48.981 (2m) (b) 1. “Health care provider" means a physician, as defined under
7s. 448.01 (5), a naturopathic doctor, as defined under s. 466.01 (4), a physician
8assistant, as defined under s. 448.01 (6), or a nurse holding a license under s. 441.06
9(1) or a license under s. 441.10.
SB866,8 10Section 8 . 60.23 (9) of the statutes is amended to read:
SB866,5,1511 60.23 (9) Resident physicians, physician assistants and nurses health care
12providers
in certain towns. In a town comprised entirely of one or more islands,
13annually appropriate money to retain a physician or, if no physician is available, a
14physician assistant, naturopathic doctor, or nurse practitioner, as a resident within
15the town.
SB866,9 16Section 9 . 69.01 (6g) of the statutes is amended to read:
SB866,5,1917 69.01 (6g) “Date of death" means the date that a person is pronounced dead by
18a physician, naturopathic doctor, coroner, deputy coroner, medical examiner, deputy
19medical examiner, or hospice nurse.
SB866,10 20Section 10 . 69.18 (1) (cj) of the statutes is created to read:
SB866,5,2521 69.18 (1) (cj) 1. For purposes of preparation of the certificate of death and in
22accordance with accepted medical standards, a naturopathic doctor who is directly
23involved with the care of a patient who dies may pronounce the date, time, and place
24of the patient's death if the patient was generally under the care of a naturopathic
25doctor at the time of death.
SB866,6,2
12. Subdivision 1. may not be construed to authorize a naturopathic doctor to
2certify under sub. (2) (b) the cause of the patient's death.
SB866,11 3Section 11 . 77.54 (14) (b) of the statutes is amended to read:
SB866,6,54 77.54 (14) (b) Furnished by a licensed physician, naturopathic doctor, surgeon,
5podiatrist, or dentist to a patient who is a human being for treatment of the patient.
SB866,12 6Section 12 . 77.54 (14) (d) of the statutes is amended to read:
SB866,6,87 77.54 (14) (d) Sold to a licensed physician, naturopathic doctor, surgeon,
8podiatrist, dentist, or hospital for the treatment of a human being.
SB866,13 9Section 13 . 77.54 (14) (f) 1m. of the statutes is created to read:
SB866,6,1010 77.54 (14) (f) 1m. A naturopathic doctor.
SB866,14 11Section 14 . 118.15 (3) (a) of the statutes is amended to read:
SB866,6,2312 118.15 (3) (a) Any child who is excused by the school board because the child
13is temporarily not in proper physical or mental condition to attend a school program
14but who can be expected to return to a school program upon termination or
15abatement of the illness or condition. The school attendance officer may request the
16parent or guardian of the child to obtain a written statement from a licensed
17physician, naturopathic doctor, dentist, chiropractor, optometrist, psychologist,
18physician assistant, or nurse practitioner, as defined in s. 255.06 (1) (d), or certified
19advanced practice nurse prescriber or Christian Science practitioner living and
20residing in this state, who is listed in the Christian Science Journal, as sufficient
21proof of the physical or mental condition of the child. An excuse under this paragraph
22shall be in writing and shall state the time period for which it is valid, not to exceed
2330 days.
SB866,15 24Section 15 . 118.25 (1) (a) of the statutes is amended to read:
SB866,7,5
1118.25 (1) (a) “Practitioner" means a person licensed as a physician,
2naturopathic doctor, naturopathic medical doctor, naturopathic physician,
or as a
3physician assistant in any state or licensed or certified as an advanced practice nurse
4prescriber in any state. In this paragraph, “physician” has the meaning given in s.
5448.01 (5).
SB866,16 6Section 16 . 118.29 (1) (e) of the statutes is amended to read:
SB866,7,97 118.29 (1) (e) “Practitioner" means any physician, naturopathic doctor,
8naturopathic medical doctor, naturopathic physician,
dentist, optometrist, physician
9assistant, advanced practice nurse prescriber, or podiatrist licensed in any state.
SB866,17 10Section 17. 146.81 (1) (dc) of the statutes is created to read:
SB866,7,1111 146.81 (1) (dc) A naturopathic doctor licensed under ch. 466.
SB866,18 12Section 18 . 146.82 (3) (a) of the statutes is amended to read:
SB866,7,2013 146.82 (3) (a) Notwithstanding sub. (1), a physician, naturopathic doctor,
14physician assistant, as defined in s. 448.01 (6), or advanced practice nurse prescriber
15certified under s. 441.16 (2) who treats a patient whose physical or mental condition
16in the physician's, naturopathic doctor's, physician assistant's, or advanced practice
17nurse prescriber's judgment affects the patient's ability to exercise reasonable and
18ordinary control over a motor vehicle may report the patient's name and other
19information relevant to the condition to the department of transportation without
20the informed consent of the patient.
SB866,19 21Section 19 . 146.89 (1) (r) 1. of the statutes is amended to read:
SB866,8,222 146.89 (1) (r) 1. Licensed as a physician under ch. 448, naturopathic doctor
23under ch. 466,
a dentist or dental hygienist under ch. 447, a registered nurse,
24practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a
25physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under

1ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch.
2III of ch. 448.
SB866,20 3Section 20. 146.997 (1) (d) 4m. of the statutes is created to read:
SB866,8,44 146.997 (1) (d) 4m. A naturopathic doctor licensed under ch. 466.
SB866,21 5Section 21. 155.01 (7) of the statutes is amended to read:
SB866,8,166 155.01 (7) “Health care provider" means a nurse licensed or permitted under
7ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
8physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
9therapist assistant, occupational therapist, or occupational therapy assistant
10licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person
11practicing Christian Science treatment, an optometrist licensed under ch. 449, a
12psychologist licensed under ch. 455, a partnership thereof, a corporation or limited
13liability company thereof that provides health care services, a cooperative health
14care association organized under s. 185.981 that directly provides services through
15salaried employees in its own facility, or a home health agency, as defined in s. 50.49
16(1) (a).
SB866,22 17Section 22. 180.1901 (1m) (h) of the statutes is created to read:
SB866,8,1818 180.1901 (1m) (h) Naturopathic medicine examining board under ch. 466.
SB866,23 19Section 23 . 252.11 (10) of the statutes is amended to read:
SB866,9,220 252.11 (10) The state laboratory of hygiene shall examine specimens for the
21diagnosis of sexually transmitted diseases for any physician, naturopathic doctor,
22physician assistant, advanced practice nurse prescriber, or local health officer in the
23state, and shall report the positive results of the examinations to the local health
24officer and to the department. All laboratories performing tests for sexually
25transmitted diseases shall report all positive results to the local health officer and

1to the department, with the name of the physician, naturopathic doctor, physician
2assistant, or advanced practice nurse prescriber to whom reported.
SB866,24 3Section 24. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.
SB866,25 4Section 25. 252.14 (1) (ar) 4s. of the statutes is created to read:
SB866,9,55 252.14 (1) (ar) 4s. A naturopathic doctor licensed under ch. 466.
SB866,26 6Section 26 . 255.06 (1) (d) of the statutes is amended to read:
SB866,9,117 255.06 (1) (d) “Nurse practitioner" means a registered nurse who is licensed
8under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued
9in a party state, as defined in s. 441.51 (2) (k), and whose practice of professional
10nursing under s. 441.001 (4) includes performance of delegated medical services
11under the supervision of a physician, naturopathic doctor, dentist, or podiatrist.
SB866,27 12Section 27 . 255.07 (1) (d) of the statutes is amended to read:
SB866,9,1513 255.07 (1) (d) “Health care practitioner" means a physician, a naturopathic
14doctor,
a physician assistant licensed under s. 448.04 (1) (f), or an advanced practice
15nurse who is certified to issue prescription orders under s. 441.16.
SB866,28 16Section 28. 257.01 (5) (a) and (b) of the statutes are amended to read:
SB866,9,2217 257.01 (5) (a) An individual who is licensed as a physician, a physician
18assistant, or a podiatrist under ch. 448, licensed as a naturopathic doctor under ch.
19466,
licensed as a registered nurse, licensed practical nurse, or nurse-midwife under
20ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450,
21licensed as a veterinarian or certified as a veterinary technician under ch. 89, or
22certified as a respiratory care practitioner under ch. 448.
SB866,9,2523 (b) An individual who was at any time within the previous 10 years, but is not
24currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448,
25licensed as a naturopathic doctor under ch. 466, licensed as a registered nurse,

1licensed practical nurse or nurse-midwife, under ch. 441, licensed as a dentist under
2ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified
3as a veterinary technician under ch. 89, or certified as a respiratory care practitioner
4under ch. 448, if the individual's license or certification was never revoked, limited,
5suspended, or denied renewal.
SB866,29 6Section 29. 440.03 (13) (b) 39g. of the statutes is created to read:
SB866,10,77 440.03 (13) (b) 39g. Naturopathic doctor.
SB866,30 8Section 30. 440.08 (2) (a) 47g. of the statutes is created to read:
SB866,10,99 440.08 (2) (a) 47g. Naturopathic doctor: January 1 of each odd-numbered year.
SB866,31 10Section 31. 446.02 (9) (e) of the statutes is created to read:
SB866,10,1211 446.02 (9) (e) A naturopathic doctor acting within the scope of his or her license
12under ch. 466.
SB866,32 13Section 32. 448.03 (2) (a) of the statutes is amended to read:
SB866,10,2014 448.03 (2) (a) Any person lawfully practicing within the scope of a license,
15permit, registration, certificate or certification granted to practice midwifery under
16subch. XIII of ch. 440, to practice professional or practical nursing or
17nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice
18dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to
19practice acupuncture under ch. 451 or under any other statutory provision, to
20practice naturopathic medicine under ch. 466,
or as otherwise provided by statute.
SB866,33 21Section 33 . 448.035 (2) to (4) of the statutes are amended to read:
SB866,11,1022 448.035 (2) Notwithstanding the requirements of s. 448.30, a physician,
23naturopathic doctor, physician assistant, or certified advanced practice nurse
24prescriber may provide expedited partner therapy if the patient is diagnosed as
25infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient

1has had sexual contact with a sexual partner during which the chlamydial infection,
2gonorrhea, or trichomoniasis may have been transmitted to or from the sexual
3partner. The physician, naturopathic doctor, physician assistant, or certified
4advanced practice nurse prescriber shall attempt to obtain the name of the patient's
5sexual partner. A prescription order for an antimicrobial drug prepared under this
6subsection shall include the name and address of the patient's sexual partner, if
7known. If the physician, naturopathic doctor, physician assistant, or certified
8advanced practice nurse prescriber is unable to obtain the name of the patient's
9sexual partner, the prescription order shall include, in ordinary bold-faced capital
10letters, the words, “expedited partner therapy" or the letters “EPT."
SB866,11,15 11(3) The physician, naturopathic doctor, physician assistant, or certified
12advanced practice nurse prescriber shall provide the patient with a copy of the
13information sheet prepared by the department of health services under s. 46.03 (44)
14and shall request that the patient give the information sheet to the person with
15whom the patient had sexual contact.
SB866,11,20 16(4) (a) Except as provided in par. (b), a physician, naturopathic doctor,
17physician assistant, or certified advanced practice nurse prescriber is immune from
18civil liability for injury to or the death of a person who takes any antimicrobial drug
19if the antimicrobial drug is prescribed, dispensed, or furnished under this section
20and if expedited partner therapy is provided as specified under this section.
SB866,11,2421 (b) The immunity under par. (a) does not extend to the donation, distribution,
22furnishing, or dispensing of an antimicrobial drug by a physician, naturopathic
23doctor,
physician assistant, or certified advanced practice nurse prescriber whose act
24or omission involves reckless, wanton, or intentional misconduct.
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