SB190: Bill Text

SB190,9,24 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate, or respiratory care compact privilege granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the 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 board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license, certificate, or respiratory care compact privilege to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

SB190,15 Section 15. 448.02 (4) (a) and (b) of the statutes are amended to read:

SB190,10,16 448.02 (4) (a) The board may summarily suspend or limit any license or, certificate, or respiratory care compact privilege granted by the board when the board has in its possession evidence establishing probable cause to believe that the holder of the license or, certificate, or respiratory care compact privilege has violated the provisions of this subchapter and that it is necessary to suspend or limit the license or, certificate, or respiratory care compact privilege immediately to protect the public health, safety, or welfare. The holder of the license or, certificate, or respiratory care compact privilege shall be granted an opportunity to be heard during the determination of probable cause. The board chair and 2 board members designated by the chair or, if the board chair is not available, the board vice-chair and 2 board members designated by the vice-chair, shall exercise the authority granted by this paragraph to summarily suspend or limit a license or, certificate, or respiratory care compact privilege in the manner provided under par. (b).

SB190,11,12 (b) An order of summary suspension or limitation shall be served upon the holder of the license or, certificate, or respiratory care compact privilege in the manner provided in s. 801.11 for service of summons. The order of summary suspension or limitation shall be effective upon service or upon actual notice of the summary suspension or limitation given to the holder of the license or, certificate, or respiratory care compact privilege or to the attorney of the license or, certificate, or respiratory care compact privilege holder, whichever is sooner. A notice of hearing commencing a disciplinary proceeding shall be issued no more than 10 days following the issuance of the order of summary suspension or limitation. The order of summary suspension or limitation remains in effect until the effective date of a final decision and order in the disciplinary proceeding against the holder or until the order of summary suspension or limitation is discontinued by the board following a hearing to show cause. The holder of the license or, certificate, or respiratory care compact privilege shall have the right to request a hearing to show cause why the order of summary suspension or limitation should not be continued and the order of summary suspension or limitation shall notify the holder of the license or, certificate, or respiratory care compact privilege of that right. If a hearing to show cause is requested by the holder of the license or, certificate, or respiratory care compact privilege, the hearing shall be scheduled on a date within 20 days of receipt by the board of the request for the hearing to show cause.

SB190,16 Section 16. 448.02 (5) of the statutes is amended to read:

SB190,11,20 448.02 (5) Voluntary surrender. The holder of any license or, certificate, or respiratory care compact privilege granted by the board may voluntarily surrender the license or, certificate, or respiratory care compact privilege to the secretary of the board, but the secretary may refuse to accept the surrender if the board has received allegations of unprofessional conduct against the holder of the license or, certificate, or respiratory care compact privilege. The board may negotiate stipulations in consideration for accepting the surrender of licenses.

SB190,17 Section 17. 448.02 (6) of the statutes is amended to read:

SB190,12,2 448.02 (6) Restoration of license or certificate credential. The board may restore any license or, certificate, or respiratory care compact privilege that has been voluntarily surrendered or revoked under any of the provisions of this subchapter, on such terms and conditions as it may deem appropriate.

SB190,18 Section 18. 448.02 (8) (a) of the statutes is amended to read:

SB190,12,19 448.02 (8) (a) After an investigation by the board under sub. (3) (a) or by the department under s. 440.03 (3m) or (5), the board may issue a private and confidential administrative warning to a holder of a license or, certificate, or respiratory care compact privilege if the board determines that there is evidence of misconduct by him or her. The board may issue an administrative warning under this paragraph only if the board determines that no further action is warranted because the matter involves minor misconduct and the issuance of an administrative warning adequately protects the public by putting the holder of the license or, certificate, or respiratory care compact privilege on notice that any subsequent misconduct may result in disciplinary action. The board shall review the determination if the holder of the license or, certificate, or respiratory care compact privilege makes a personal appearance before the board. Following the review, the board may affirm, rescind or modify the administrative warning. A holder of a license or, certificate, or respiratory care compact privilege may seek judicial review under ch. 227 of an affirmation or modification of an administrative warning by the board.

SB190,19 Section 19. 448.02 (8) (c) of the statutes is amended to read:

SB190,13,4 448.02 (8) (c) Notwithstanding par. (b), if the board receives a subsequent allegation of misconduct about a holder of a license or, certificate, or respiratory care compact privilege to whom the board issued an administrative warning under par. (a), the board may reopen the matter that resulted in the issuance of the administrative warning or use the administrative warning in any subsequent disciplinary hearing under sub. (3) (b) as evidence that he or she had actual knowledge that the misconduct that was the basis for the administrative warning was contrary to law.

SB190,20 Section 20. 448.03 (1m) of the statutes is amended to read:

SB190,13,9 448.03 (1m) Certificate required to practice. No person may practice respiratory care, or attempt to do so or make a representation as authorized to do so, without unless the person holds a certificate as a respiratory care practitioner granted by the board or holds a respiratory care compact privilege.

SB190,21 Section 21. 448.04 (1) (im) of the statutes is created to read:

SB190,13,13 448.04 (1) (im) Respiratory care compact privilege. The board may grant a respiratory care compact privilege pursuant to the respiratory care interstate compact under s. 448.9886.

SB190,22 Section 22. 448.04 (2m) of the statutes is created to read:

SB190,13,18 448.04 (2m) Display of credential. Each individual who holds a license, certificate, or respiratory care compact privilege under this subchapter shall display his or her credential in a conspicuous place in the individual’s office or place of practice or business.

SB190,23 Section 23. 448.05 (1) (e) of the statutes is created to read:

SB190,13,20 448.05 (1) (e) Pay the fee specified in s. 440.05 (1).

SB190,24 Section 24. 448.05 (5r) (title) of the statutes is amended to read:

SB190,13,23 448.05 (5r) (title) Certificate as respiratory care practitioner; compact privilege.

SB190,25 Section 25. 448.05 (5r) of the statutes is renumbered 448.05 (5r) (a).

SB190,26 Section 26. 448.05 (5r) (b) of the statutes is created to read:

SB190,14,4 448.05 (5r) (b) An applicant for a respiratory care compact privilege shall submit evidence satisfactory to the board that the applicant satisfies the requirements under s. 448.9886 (4).

SB190,27 Section 27. 448.05 (6) (av) of the statutes is created to read:

SB190,14,9 448.05 (6) (av) 1. The board may not require an applicant for certification as a respiratory care practitioner under s. 448.04 (1) (i) to pass a statutes and rules examination as a condition of receiving an initial certification or a certification renewal.

SB190,14,12 2. The board may require an applicant described under subd. 1. to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice.

SB190,28 Section 28. 448.06 (3) of the statutes is created to read:

SB190,14,17 448.06 (3) Grant of respiratory care compact privilege. The board shall grant or deny a respiratory care compact privilege in accordance with subs. (1) to (2), unless otherwise provided under the respiratory care interstate compact under subch. XIV.

SB190,29 Section 29. 448.07 (title) of the statutes is repealed and recreated to read:

SB190,14,19 448.07 (title) Renewal.

SB190,30 Section 30. 448.07 (1) (title) of the statutes is repealed and recreated to read:

SB190,14,21 448.07 (1) (title) Renewal.

SB190,31 Section 31. 448.07 (1) (a) of the statutes is repealed and recreated to read:

SB190,15,4 448.07 (1) (a) Renewal applications for a license, certificate, or respiratory care compact privilege issued under this subchapter shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a), except that renewal of a compact license shall be governed by the renewal provisions in s. 448.980 (7), and renewal of a respiratory care compact privilege shall be governed by s. 448.9886 (4).

SB190,32 Section 32. 448.07 (1) (b) of the statutes is amended to read:

SB190,15,9 448.07 (1) (b) The board shall maintain the register required by s. 440.035 (1m) (d), which shall be divided according to the activity for which the registrant is licensed or certified individual holds the license, certificate, or respiratory care compact privilege. The board shall make copies available for purchase at cost.

SB190,33 Section 33. 448.07 (1) (c) of the statutes is amended to read:

SB190,15,16 448.07 (1) (c) Every registration renewal made as provided in this section shall be presumptive evidence in all courts and other places that the person named therein is legally registered holds the license, certificate, or respiratory care compact privilege for the period covered by such registration the renewal, and shall be deemed to fulfill any statutory requirement for renewal of that license or, certificate, or compact privilege.

SB190,34 Section 34. 448.07 (1) (d) of the statutes is amended to read:

SB190,16,4 448.07 (1) (d) No registration renewal may be permitted by the secretary of the board in the case of any physician or, perfusionist, or anesthesiologist assistant who has failed to meet the requirements of s. 448.13 or any person whose license or, certificate, or respiratory care compact privilege has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the person’s right of appeal. A person whose license or certificate has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license or certificate, together with an application for registration and the registration fee.

SB190,35 Section 35. 448.07 (2) of the statutes is amended to read:

SB190,16,16 448.07 (2) Fees. Except as otherwise provided in s. 448.980, the fees for examination and licenses granted under this subchapter are specified in s. 440.05, and the renewal fee for such licenses a license, certificate, or respiratory care compact privilege is determined by the department under s. 440.03 (9) (a). Compact licenses shall be subject to additional fees and assessments, as established by the department, the board, or the interstate medical licensure compact commission, to cover any costs incurred by the department or the board for this state’s participation in the interstate medical licensure compact under s. 448.980 and costs incurred by the interstate medical licensure compact commission for its administration of the renewal process for the interstate medical licensure compact under s. 448.980.

SB190,36 Section 36. 448.08 (1m) of the statutes is amended to read:

SB190,16,24 448.08 (1m) Fee splitting. Except as otherwise provided in this section, no person licensed or certified who holds a license, certificate, or respiratory care compact privilege under this subchapter may give or receive, directly or indirectly, to or from any person, firm or corporation any fee, commission, rebate or other form of compensation or anything of value for sending, referring or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally or at his or her direction.

SB190,37 Section 37. 448.08 (4) of the statutes is amended to read:

SB190,17,10 448.08 (4) Professional partnerships and corporations permitted. Notwithstanding any other provision in this section, it is lawful for 2 or more physicians, who have entered into a bona fide partnership for the practice of medicine, to render a single bill for such services in the name of such partnership, and it also is lawful for a service corporation to render a single bill for services in the name of the corporation, provided that each individual licensed, registered or certified who holds a license, certificate, or respiratory care compact privilege under this chapter, subch. I of ch. 457, or ch. 446, 449, 450, 455, or 459 that renders billed services is individually identified as having rendered such services.

SB190,38 Section 38. 448.12 of the statutes is amended to read:

SB190,17,17 448.12 Malpractice. Anyone practicing medicine, surgery, osteopathy, or any other form or system of treating the sick without having a valid license or a certificate of registration shall be liable to the penalties and liabilities for malpractice; and ignorance shall not lessen such liability for failing to perform or for negligently or unskillfully performing or attempting to perform any duty assumed, and which is ordinarily performed by authorized practitioners.

SB190,39 Section 39. 448.13 (1) (a) of the statutes is amended to read:

SB190,17,21 448.13 (1) (a) Except as provided in par. (b), each physician shall include with his or her application for a certificate of registration renewal under s. 448.07 proof of attendance at and completion of all of the following:

SB190,17,24 1. Continuing education programs or courses of study approved for at least 30 hours of credit by the board within the 2 calendar years preceding the calendar year for which the registration renewal is effective.

SB190,18,5 2. Professional development and maintenance of certification or performance improvement or continuing medical education programs or courses of study required by the board by rule under s. 448.40 (1) and completed within the 2 calendar years preceding the calendar year for which the registration renewal is effective.

SB190,40 Section 40. 448.13 (2) of the statutes is amended to read:

SB190,18,9 448.13 (2) Each person licensed as a perfusionist shall include with his or her application for a certificate of registration renewal under s. 448.07 proof of completion of continuing education requirements promulgated by rule by the board.

SB190,41 Section 41. 448.13 (3) of the statutes is amended to read:

SB190,18,15 448.13 (3) Each person licensed as an anesthesiologist assistant shall include with his or her application for a certificate of registration renewal under s. 448.07 proof of meeting the criteria for recertification by the National Commission on Certification of Anesthesiologist Assistants or by a successor entity, including any continuing education requirements.

SB190,42 Section 42. Subchapter XIV of chapter 448 [precedes 448.9886] of the statutes is created to read:

SB190,18,18 CHAPTER 448

SB190,18,19 SUBCHAPTER XIV

SB190,18,21 RESPIRATORY CARE INTERSTATE COMPACT

SB190,19,3 448.9886 Respiratory care interstate compact. (1) Title and purpose. (a) The purpose of this compact is to facilitate the interstate practice of respiratory therapy with the goal of improving public access to respiratory therapy services by providing respiratory therapists licensed in a member state the ability to practice in other member states. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

SB190,19,4 (b) This compact is designed to achieve the following objectives:

SB190,19,7 1. Increase public access to respiratory therapy services by creating a responsible, streamlined pathway for licensees to practice in member states with the goal of improving outcomes for patients;

SB190,19,8 2. Enhance states’ ability to protect the public’s health and safety;

SB190,19,10 3. Promote the cooperation of member states in regulating the practice of respiratory therapy within those member states;

SB190,19,12 4. Ease administrative burdens on states by encouraging the cooperation of member states in regulating multi-state respiratory therapy practice;

SB190,19,13 5. Support relocating active military members and their spouses; and

SB190,19,14 6. Promote mobility and address workforce shortages.

SB190,19,16 (2) Definitions. As used in this compact, unless the context requires otherwise, the following definitions shall apply:

SB190,19,19 (a) “Active military member” means any person with a full-time duty status in the armed forces of the United States, including members of the national guard and reserve.

SB190,19,24 (b) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws which is imposed by any state authority with regulatory authority over respiratory therapists, such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice, not including participation in an alternative program.

SB190,20,5 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process applicable to a respiratory therapist approved by any state authority with regulatory authority over respiratory therapists. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues are referred in lieu of adverse action.

SB190,20,7 (d) “Charter member states” means those member states who were the first 7 states to enact the compact into the laws of their state.

SB190,20,10 (e) “Commission” or “respiratory care interstate compact commission” means the government instrumentality and body politic whose membership consists of all member states that have enacted the compact.

SB190,20,12 (f) “Commissioner” means the individual appointed by a member state to serve as the member of the commission for that member state.

SB190,20,13 (g) “Compact” means the respiratory care interstate compact.

SB190,20,18 (h) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a respiratory therapist in the remote state under the remote state’s laws and rules. The practice of respiratory therapy occurs in the member state where the patient is located at the time of the patient encounter.

SB190,20,24 (i) “Criminal background check” means the submission by the member state of fingerprints or other biometric-based information on license applicants at the time of initial licensing for the purpose of obtaining that applicant’s criminal history record information, as defined in 28 CFR 20.3 (d) or successor provision, from the federal bureau of investigation and the state’s criminal history record repository, as defined in 28 CFR 20.3 (f) or successor provision.

SB190,21,2 (j) “Data system” means the commission’s repository of information about licensees as further set forth in sub. (8).

SB190,21,4 (k) “Domicile” means the jurisdiction which is the licensee’s principal home for legal purposes.

SB190,21,6 (L) “Encumbered license” means a license that a state’s respiratory therapy licensing authority has limited in any way.

SB190,21,8 (m) “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by the commission.

SB190,21,10 (n) “Home state” except as set forth in sub. (5), means the member state that is the licensee’s primary domicile.

SB190,21,12 (o) “Home state license” means an active license to practice respiratory therapy in a home state that is not an encumbered license.

SB190,21,15 (p) “Jurisprudence requirement” means an assessment of an individual’s knowledge of the state laws and regulations governing the practice of respiratory therapy in such state.

SB190,21,17 (q) “Licensee” means an individual who currently holds an authorization from the state to practice as a respiratory therapist.

SB190,21,20 (r) “Member state” means a state that has enacted the compact and been admitted to the commission in accordance with the provisions herein and commission rules.