LRBs0287/1
MED:cjs&amn
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 529
December 22, 2021 - Offered by Representative J. Rodriguez.
AB529-ASA1,2,2
1An Act to renumber 252.14 (1) (ar) 4q.;
to amend 15.08 (1m) (b), 36.25 (11) (b),
248.981 (2m) (b) 1., 60.23 (9), 69.01 (6g), 77.54 (14) (b), 77.54 (14) (d), 118.15 (3)
3(a), 118.25 (1) (a), 118.29 (1) (e), 146.82 (3) (a), 146.89 (1) (r) 1., 155.01 (7), 252.11
4(10), 255.06 (1) (d), 257.01 (5) (a) and (b), 448.03 (2) (a), 448.56 (1), 448.56 (1m)
5(b), 450.03 (1) (e), 462.04, 895.48 (1m) (a) (intro.) and 2. and 905.04 (1) (b) and
6(c), (2) and (3);
to repeal and recreate 905.04 (title); and
to create 15.08 (1m)
7(bm), 15.405 (7f), 48.981 (2) (a) 1m., 69.18 (1) (cj), 146.81 (1) (dc), 146.997 (1) (d)
84m., 180.1901 (1m) (h), 252.14 (1) (ar) 4s., 440.03 (13) (b) 39g. and 39h., 440.08
9(2) (a) 47g. and 47h., 446.02 (9) (e), 450.10 (3) (a) 12., chapter 466, 905.04 (1) (br)
10and 990.01 (22m) of the statutes;
relating to: the regulation and licensure of
1naturopathic doctors, creating a naturopathic medicine examining board,
2granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This substitute amendment differs from 2021 Senate Bill 532 in the following
respects:
1. The substitute amendment makes various changes relating to the scope of
practice for naturopathic medicine, including a) removing the authority for
naturopathic doctors to prescribe drugs and various other provisions concerning the
authority of naturopathic doctors with respect to prescription drugs and controlled
substances, while providing that naturopathic doctors may recommend, dispense, or
administer nonprescription drug products; b) further excluding certain spinal and
joint adjustments and manipulations; c) expressly prohibiting the board from
expanding the scope of practice of naturopathic medicine; d) providing that the
board's rules may interpret the scope of practice of a naturopathic doctor, but may
not expand that scope of practice beyond what is specified under the bill; and e)
expressly providing that the scope of practice for a naturopathic doctor is distinct
from the practice of medicine and surgery.
2. The substitute amendment a) removes the authority of naturopathic doctors
to use the additional title “naturopathic medical doctor” and b) clarifies that the bill
does not prohibit or restrict persons from using or assuming the title “naturopath.”
3. The substitute amendment makes various changes regarding the licensing
of limited-scope naturopathic doctors, including a) modifying the licensure criteria
and the period to apply for a limited-scope naturopathic doctor license, and b)
allowing the board to establish minimum malpractice insurance requirements for
limited-scope naturopathic doctors.
4. The substitute amendment clarifies that a naturopathic medical education
program must be accredited, or have achieved candidacy status for such
accreditation, by an accrediting body for naturopathic medical programs that is
recognized by the federal Department of Education.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB529-ASA1,1
3Section 1
. 15.08 (1m) (b) of the statutes is amended to read:
AB529-ASA1,3,74
15.08
(1m) (b) The public members of the chiropractic examining board, the
5dentistry examining board, the hearing and speech examining board, the medical
6examining board,
the naturopathic medicine examining board, the physical therapy
7examining board, perfusionists examining council, respiratory care practitioners
1examining council and council on physician assistants, the board of nursing, the
2nursing home administrator examining board, the veterinary examining board, the
3optometry examining board, the pharmacy examining board, the marriage and
4family therapy, professional counseling, and social work examining board, the
5psychology examining board, and the radiography examining board shall not be
6engaged in any profession or occupation concerned with the delivery of physical or
7mental health care.
AB529-ASA1,2
8Section 2
. 15.08 (1m) (bm) of the statutes is created to read:
AB529-ASA1,3,119
15.08
(1m) (bm) The public members of the naturopathic medicine examining
10board may not have any financial interest in naturopathic education, business, or
11practice.
AB529-ASA1,3
12Section 3
. 15.405 (7f) of the statutes is created to read:
AB529-ASA1,3,1513
15.405
(7f) Naturopathic medicine examining board. There is created a
14naturopathic medicine examining board in the department of safety and professional
15services consisting of the following members appointed for 4-year terms:
AB529-ASA1,3,1616
(a) Four naturopathic doctors licensed under s. 466.04 (1).
AB529-ASA1,3,1917
(b) One physician licensed under ch. 448 who works as a primary care physician
18and who has experience in naturopathic medicine or working with naturopathic
19doctors.
AB529-ASA1,3,2020
(c) Two public members.
AB529-ASA1,4
21Section 4
. 36.25 (11) (b) of the statutes is amended to read:
AB529-ASA1,4,322
36.25
(11) (b) The laboratory shall provide complete laboratory services in the
23areas of water quality, air quality, public health and contagious diseases for
24appropriate state agencies, and may perform examinations for licensed physicians,
25naturopathic doctors, veterinarians, local health officers, as defined in s. 250.01 (5),
1and resource management officials as may be necessary for the prevention and
2control of those diseases and environmental hazards which cause concern for public
3health and environmental quality.
AB529-ASA1,5
4Section 5
. 48.981 (2) (a) 1m. of the statutes is created to read:
AB529-ASA1,4,55
48.981
(2) (a) 1m. A naturopathic doctor.
AB529-ASA1,6
6Section 6
. 48.981 (2m) (b) 1. of the statutes is amended to read:
AB529-ASA1,4,107
48.981
(2m) (b) 1. “Health care provider" means a physician, as defined under
8s. 448.01 (5),
a naturopathic doctor, as defined under s. 466.01 (5), a physician
9assistant, as defined under s. 448.01 (6), or a nurse holding a license under s. 441.06
10(1) or a license under s. 441.10.
AB529-ASA1,7
11Section 7
. 60.23 (9) of the statutes is amended to read:
AB529-ASA1,4,1612
60.23
(9) Resident physicians, physician assistants and nurses health care
13providers in certain towns. In a town comprised entirely of one or more islands,
14annually appropriate money to retain a physician or, if no physician is available, a
15physician assistant
, naturopathic doctor, or nurse practitioner, as a resident within
16the town.
AB529-ASA1,8
17Section 8
. 69.01 (6g) of the statutes is amended to read:
AB529-ASA1,4,2018
69.01
(6g) “Date of death" means the date that a person is pronounced dead by
19a physician,
naturopathic doctor, coroner, deputy coroner, medical examiner, deputy
20medical examiner, or hospice nurse.
AB529-ASA1,9
21Section 9
. 69.18 (1) (cj) of the statutes is created to read:
AB529-ASA1,5,222
69.18
(1) (cj) 1. For purposes of preparation of the certificate of death and in
23accordance with accepted medical standards, a naturopathic doctor who is directly
24involved with the care of a patient who dies may pronounce the date, time, and place
1of the patient's death if the patient was generally under the care of a naturopathic
2doctor at the time of death.
AB529-ASA1,5,43
2. Subdivision 1. may not be construed to authorize a naturopathic doctor to
4certify under sub. (2) (b) the cause of the patient's death.
AB529-ASA1,10
5Section 10
. 77.54 (14) (b) of the statutes is amended to read:
AB529-ASA1,5,76
77.54
(14) (b) Furnished by a licensed physician,
naturopathic doctor, surgeon,
7podiatrist, or dentist to a patient who is a human being for treatment of the patient.
AB529-ASA1,11
8Section 11
. 77.54 (14) (d) of the statutes is amended to read:
AB529-ASA1,5,109
77.54
(14) (d) Sold to a licensed physician,
naturopathic doctor, surgeon,
10podiatrist, dentist, or hospital for the treatment of a human being.
AB529-ASA1,12
11Section 12
. 118.15 (3) (a) of the statutes is amended to read:
AB529-ASA1,5,2312
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.
AB529-ASA1,13
24Section 13
. 118.25 (1) (a) of the statutes is amended to read:
AB529-ASA1,6,4
1118.25
(1) (a) “Practitioner" means a person licensed as a physician
,
2naturopathic doctor, or
as a physician assistant in any state or licensed or certified
3as an advanced practice nurse prescriber in any state. In this paragraph, “
physician”
4has the meaning given in s. 448.01 (5).
AB529-ASA1,14
5Section 14
. 118.29 (1) (e) of the statutes is amended to read:
AB529-ASA1,6,86
118.29
(1) (e) “Practitioner" means any physician,
naturopathic doctor, dentist,
7optometrist, physician assistant, advanced practice nurse prescriber, or podiatrist
8licensed in any state.
AB529-ASA1,15
9Section 15
. 146.81 (1) (dc) of the statutes is created to read:
AB529-ASA1,6,1110
146.81
(1) (dc) A naturopathic doctor or limited-scope naturopathic doctor
11licensed under ch. 466.
AB529-ASA1,16
12Section 16
. 146.82 (3) (a) of the statutes is amended to read:
AB529-ASA1,6,2113
146.82
(3) (a) Notwithstanding sub. (1), a physician,
a naturopathic doctor, a
14limited-scope naturopathic doctor, a physician assistant, as defined in s. 448.01 (6),
15or
an advanced practice nurse prescriber certified under s. 441.16 (2) who treats a
16patient whose physical or mental condition in the physician's,
naturopathic doctor's,
17limited-scope naturopathic doctor's, physician assistant's, or advanced practice
18nurse prescriber's judgment affects the patient's ability to exercise reasonable and
19ordinary control over a motor vehicle may report the patient's name and other
20information relevant to the condition to the department of transportation without
21the informed consent of the patient.
AB529-ASA1,17
22Section 17
. 146.89 (1) (r) 1. of the statutes is amended to read:
AB529-ASA1,7,323
146.89
(1) (r) 1. Licensed as a physician under ch. 448,
naturopathic doctor
24under ch. 466, a dentist or dental hygienist under ch. 447, a registered nurse,
25practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a
1physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under
2ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch.
3III of ch. 448.
AB529-ASA1,18
4Section 18
. 146.997 (1) (d) 4m. of the statutes is created to read:
AB529-ASA1,7,55
146.997
(1) (d) 4m. A naturopathic doctor licensed under ch. 466.
AB529-ASA1,19
6Section 19
. 155.01 (7) of the statutes is amended to read:
AB529-ASA1,7,187
155.01
(7) “Health care provider" means a nurse licensed or permitted under
8ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
9physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
10therapist assistant, occupational therapist, or occupational therapy assistant
11licensed under ch. 448,
a naturopathic doctor licensed under ch. 466, a person
12practicing Christian Science treatment, an optometrist licensed under ch. 449, a
13psychologist licensed under ch. 455, a physical therapist or physical therapist
14assistant who holds a compact privilege under subch. X of ch. 448, a partnership
15thereof, a corporation or limited liability company thereof that provides health care
16services, a cooperative health care association organized under s. 185.981 that
17directly provides services through salaried employees in its own facility, or a home
18health agency, as defined in s. 50.49 (1) (a).
AB529-ASA1,20
19Section 20
. 180.1901 (1m) (h) of the statutes is created to read:
AB529-ASA1,7,2220
180.1901
(1m) (h) Naturopathic medicine examining board under ch. 466,
21except that “health care professional" does not include a limited-scope naturopathic
22doctor licensed by the naturopathic medicine examining board under ch. 466.
AB529-ASA1,21
23Section 21
. 252.11 (10) of the statutes is amended to read:
AB529-ASA1,8,624
252.11
(10) The state laboratory of hygiene shall examine specimens for the
25diagnosis of sexually transmitted diseases for any physician,
naturopathic doctor,
1physician assistant, advanced practice nurse prescriber, or local health officer in the
2state, and shall report the positive results of the examinations to the local health
3officer and to the department. All laboratories performing tests for sexually
4transmitted diseases shall report all positive results to the local health officer and
5to the department, with the name of the physician,
naturopathic doctor, physician
6assistant, or advanced practice nurse prescriber to whom reported.
AB529-ASA1,22
7Section 22
. 252.14 (1) (ar) 4q. of the statutes is renumbered 252.14 (1) (ar) 4n.
AB529-ASA1,23
8Section 23
. 252.14 (1) (ar) 4s. of the statutes is created to read:
AB529-ASA1,8,99
252.14
(1) (ar) 4s. A naturopathic doctor licensed under ch. 466.
AB529-ASA1,24
10Section 24
. 255.06 (1) (d) of the statutes is amended to read:
AB529-ASA1,8,1511
255.06
(1) (d) “Nurse practitioner" means a registered nurse who is licensed
12under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued
13in a party state, as defined in s. 441.51 (2) (k), and whose practice of professional
14nursing under s. 441.001 (4) includes performance of delegated medical services
15under the supervision of a physician,
naturopathic doctor, dentist, or podiatrist.
AB529-ASA1,25
16Section 25
. 257.01 (5) (a) and (b) of the statutes are amended to read:
AB529-ASA1,8,2217
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.
AB529-ASA1,9,523
(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.
AB529-ASA1,26
6Section 26
. 440.03 (13) (b) 39g. and 39h. of the statutes are created to read:
AB529-ASA1,9,77
440.03
(13) (b) 39g. Naturopathic doctor.
AB529-ASA1,9,88
39h. Naturopathic doctor, limited-scope.
AB529-ASA1,27
9Section 27
. 440.08 (2) (a) 47g. and 47h. of the statutes are created to read:
AB529-ASA1,9,1010
440.08
(2) (a) 47g. Naturopathic doctor: January 1 of each odd-numbered year.