AB529: Bill Text

AB529,26,2 466.07 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the board may make investigations and conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred.

AB529,26,7 (2) Subject to the rules promulgated under s. 440.03 (1), the board may reprimand a naturopathic doctor or limited-scope naturopathic doctor or may deny, limit, suspend, or revoke a license granted under this chapter if it finds that the applicant, naturopathic doctor, or limited-scope naturopathic doctor has done any of the following:

AB529,26,9 (a) Made a material misstatement in an application for a license, or for renewal of a license.

AB529,26,11 (b) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.

AB529,26,13 (c) Subject to ss. 111.321, 111.322, and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of naturopathic medicine.

AB529,26,14 (d) Been adjudicated mentally incompetent by a court.

AB529,26,15 (e) Advertised in a manner that is false, deceptive, or misleading.

AB529,26,16 (f) Advertised, practiced, or attempted to practice under another's name.

AB529,26,19 (g) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the practice of naturopathic medicine while the applicant's or licensee's ability to practice or assist was impaired by alcohol or other drugs.

AB529,26,23 (h) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 466.03 (1) (a). In this paragraph, “unprofessional or unethical conduct” and “unprofessional conduct" do not include providing expedited partner therapy as described in s. 466.052.

AB529,26,25 (i) Engaged in conduct while practicing naturopathic medicine that evidences a lack of knowledge or ability to apply professional principles or skills.

AB529,27,1 (j) Violated this chapter or any rule promulgated under this chapter.

AB529,27,4 466.09 Penalties. Any person who violates this chapter or any rule promulgated under this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB529,41 Section 41 . 895.48 (1m) (a) (intro.) and 2. of the statutes are amended to read:

AB529,27,17 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB529,27,22 2. The physician, naturopathic doctor, podiatrist, athletic trainer, chiropractor, dentist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

AB529,42 Section 42 . 905.04 (1) (b) and (c), (2) and (3) of the statutes are amended to read:

AB529,28,8 905.04 (1) (b) A communication or information is “confidential" if not intended to be disclosed to 3rd persons other than those present to further the interest of the patient in the consultation, examination, or interview, to persons reasonably necessary for the transmission of the communication or information, or to persons who are participating in the diagnosis and treatment under the direction of the physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor, including the members of the patient's family.

AB529,28,12 (c) “Patient" means an individual, couple, family or group of individuals who consults with or is examined or interviewed by a physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor.

AB529,28,23 (2) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated for purposes of diagnosis or treatment of the patient's physical, mental or emotional condition, among the patient, the patient's physician, the patient's naturopathic doctor, the patient's podiatrist, the patient's registered nurse, the patient's chiropractor, the patient's psychologist, the patient's social worker, the patient's marriage and family therapist, the patient's professional counselor or persons, including members of the patient's family, who are participating in the diagnosis or treatment under the direction of the physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor.

AB529,29,5 (3) Who may claim the privilege. The privilege may be claimed by the patient, by the patient's guardian or conservator, or by the personal representative of a deceased patient. The person who was the physician, naturopathic doctor, podiatrist, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist or professional counselor may claim the privilege but only on behalf of the patient. The authority so to do is presumed in the absence of evidence to the contrary.

AB529,43 Section 43 . 905.04 (1) (br) of the statutes is created to read:

AB529,29,9 905.04 (1) (br) “Naturopathic doctor" means a naturopathic doctor, as defined in s. 990.01 (22m), or an individual reasonably believed by the patient to be a naturopathic doctor.

AB529,44 Section 44 . 961.01 (19) (a) of the statutes is amended to read:

AB529,29,16 961.01 (19) (a) A physician, naturopathic doctor, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to s. 448.21 (3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state.

AB529,45 Section 45 . 961.23 (6) of the statutes is amended to read:

AB529,29,21 961.23 (6) No person other than a physician, naturopathic doctor, dentist, veterinarian, or pharmacist may purchase more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period without the authorization of a physician, naturopathic doctor, dentist, or veterinarian.

AB529,46 Section 46 . 961.397 of the statutes is created to read:

AB529,29,24 961.397 Limitations on naturopathic doctors. A naturopathic doctor licensed under s. 466.04 (1):

AB529,30,2 (1) May not prescribe, dispense, or administer a controlled substance included in schedule I or II.

AB529,30,4 (2) May not prescribe, dispense, or administer a controlled substance included in schedule III under s. 961.18 (5) or (5m).

AB529,47 Section 47 . 961.41 (3j) of the statutes is amended to read:

AB529,30,12 961.41 (3j) Purchases of pseudoephedrine products. Whoever purchases more than 7.5 grams of pseudoephedrine contained in a pseudoephedrine product within a 30-day period, other than by purchasing the product in person from a pharmacy or pharmacist, is guilty of a Class I felony. This subsection does not apply to a purchase by a physician, naturopathic doctor, dentist, veterinarian, or pharmacist or a purchase that is authorized by a physician, naturopathic doctor, dentist, or veterinarian.

AB529,48 Section 48. 990.01 (22m) of the statutes is created to read:

AB529,30,17 990.01 (22m) Naturopathic doctor. “ Naturopathic doctor” means a naturopathic doctor licensed under s. 466.04 (1). Except where expressly provided, “naturopathic doctor” does not include a limited-scope naturopathic doctor licensed under s. 466.04 (2).

AB529,49 Section 49 . Nonstatutory provisions.

AB529,31,2 (1) Initial appointments to board. Notwithstanding the lengths of the terms specified for the members of the naturopathic medicine examining board under s. 15.405 (7f) (intro.), 2 of the initial members under s. 15.405 (7f) (a) and one of the initial members under s. 15.405 (7f) (c) shall be appointed for terms expiring on July 1, 2023; one of the initial members under s. 15.405 (7f) (a) and one of the initial members under s. 15.405 (7f) (c) shall be appointed for terms expiring on July 1, 2024; and one of the initial members under s. 15.405 (7f) (a) and the initial member under s. 15.405 (7f) (b) shall be appointed for terms expiring on July 1, 2025.

AB529,31,10 (2) Provisional appointments to board. Notwithstanding s. 15.08 (1), the governor may provisionally appoint initial members of the naturopathic medicine examining board under s. 15.405 (7f). Those provisional appointments remain in force until withdrawn by the governor or acted upon by the senate and, if confirmed by the senate, shall continue for the remainder of the unexpired term, if any, of the member and until a successor is chosen and qualifies. A provisional appointee may exercise all the powers and duties of board membership to which the person is appointed during the time in which the appointee qualifies.

AB529,31,19 (3) Initial naturopathic doctor appointments to board. Notwithstanding s. 15.405 (7f) (a), for purposes of an initial appointment to the naturopathic medicine examining board made before the date specified in Section 50 (1 ) of this act, including any provisional appointment made under sub. (2 ), the governor may appoint individuals who the governor determines satisfy the requirements under s. 466.04 (1) (d) 1. a. to d., 2. a. to c., 3. a. to c., or 4. a. to d., who are licensed as a naturopathic doctor, naturopathic medical doctor, or naturopathic physician in another state, and who have been engaged in the practice or instruction of naturopathic medicine for at least 3 years.

AB529,50 Section 50 . Effective dates. This act takes effect on the day after publication except as follows:

AB529,31,23 (1) The treatment of s. 466.02 takes effect on the first day of the 25th month beginning after publication.

AB529,31,24 (End)