Chapter 448

448.975(5)(a)2. 2. Rules promulgated by the board may not permit a broader scope of practice than that which may be exercised in accordance with subs. (1) and (2). Notwithstanding s. 15.085 (5) (b) 2., if the Medical Examining Board reasonably determines that a rule submitted to it by the Physician Assistant Affiliated Credentialing Board under s. 15.085 (5) (b) 1. permits a broader scope of practice than that which may be exercised in accordance with subs. (1) and (2), then the Physician Assistant Examining Board shall, prior to submitting the proposed rule to the legislative council staff under s. 227.15 (1), revise the proposed rule so that it does not exceed or permit a broader scope of practice than that which may be exercised in accordance with subs. (1) and (2).

448.975(5)(b) (b) The board shall develop and recommend to the podiatry affiliated credentialing board practice standards for physician assistants practicing under podiatrists under sub. (2) (a) 2m.

448.975(6) (6) The practice permissions provided in this section are permissions granted by the state authorizing the licensed practice of physician assistants. Nothing in this section prohibits an employer, hospital, health plan, or other similar entity employing or with a relationship with a physician assistant from establishing additional requirements for a physician assistant as a condition of employment or relationship.

448.975 History History: 2021 a. 23; 2023 a. 87.

448.976 448.976 Civil liability. No physician assistant shall be liable for any civil damages for either of the following:

448.976(1) (1) Reporting in good faith to the department of transportation under s. 146.82 (3) a patient’s name and other information relevant to a physical or mental condition of the patient that in the physician assistant’s judgment impairs the patient’s ability to exercise reasonable and ordinary control over a motor vehicle.

448.976(2) (2) In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient’s name and other information relevant to a physical or mental condition of the patient that in the physician assistant’s judgment does not impair the patient’s ability to exercise reasonable and ordinary control over a motor vehicle.

448.976 History History: 2021 a. 23.

448.977 448.977 Malpractice liability insurance.

448.977(1) (1) Except as provided in subs. (2) and (3), no physician assistant may practice as authorized under s. 448.975 unless he or she has in effect malpractice liability insurance coverage evidenced by one of the following:

448.977(1)(a) (a) Personal liability coverage in the amounts specified for health care providers under s. 655.23 (4).

448.977(1)(b) (b) Coverage under a group liability policy providing individual coverage for the physician assistant in the amounts under s. 655.23 (4).

448.977(2) (2) The board may promulgate rules requiring a practicing physician assistant to have in effect malpractice liability insurance coverage in amounts greater than those specified in sub. (1) (a) or (b) or (4). If the board promulgates rules under this subsection, no physician assistant may practice as authorized under s. 448.975 unless he or she has in effect malpractice liability insurance coverage as required under those rules, except as provided in sub. (3).

448.977(3) (3) A physician assistant who is a state, county, or municipal employee, or federal employee or contractor covered under the federal tort claims act, as amended, and who is acting within the scope of his or her employment or contractual duties is not required to maintain in effect malpractice insurance coverage.

448.977(4) (4) Except as provided in subs. (2) and (3), a physician assistant may comply with sub. (1) if the physician assistant’s employer has in effect malpractice liability insurance that is at least the minimum amount specified under s. 655.23 (4) and that provides coverage for claims against the physician assistant.

448.977 History History: 2021 a. 23.

448.978 448.978 Professional discipline.

448.978(1g) (1g) In this section:

448.978(1g)(a) (a) “Unprofessional conduct” includes a determination made by a physician assistant under ch. 154 or 155 if the physician assistant does not have sufficient education, training, and experience to make the determination.

448.978(1g)(b) (b) “Unprofessional conduct” does not include any of the following:

448.978(1g)(b)1. 1. Providing expedited partner therapy as described in s. 448.9725.

448.978(1g)(b)2. 2. Prescribing or delivering an opioid antagonist in accordance with s. 448.9727 (2).

448.978(1r) (1r) Subject to the rules promulgated under s. 440.03 (1), the board may conduct investigations and hearings to determine whether a person has violated this subchapter or a rule promulgated under this subchapter.

448.978(2) (2) Subject to the rules promulgated under s. 440.03 (1), if a person who applies for or holds a license or compact privilege issued under s. 448.974 does any of the following, the board may reprimand the person or deny, limit, suspend, or revoke the person’s license or compact privilege:

448.978(2)(a) (a) Makes a material misstatement in an application for a license or compact privilege or an application for renewal of a license or compact privilege under s. 448.974.

448.978(2)(b) (b) Violates any law of this state or federal law that substantially relates to the practice of a physician assistant, violates this subchapter, or violates a rule promulgated under this subchapter.

448.978(2)(c) (c) Advertises, practices, or attempts to practice under another person’s name.

448.978(2)(d) (d) Engages in unprofessional conduct.

448.978(2)(e) (e) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of a felony.

448.978(2)(f) (f) Subject to ss. 111.321, 111.322, and 111.34, practices as a physician assistant while his or her ability is impaired by alcohol or other drugs.

448.978(2)(g) (g) Engages in fraud or deceit in obtaining or using his or her license or compact privilege.

448.978(2)(h) (h) Is adjudicated mentally incompetent by a court.

448.978(2)(i) (i) Demonstrates gross negligence, incompetence, or misconduct in practice.

448.978(2)(j) (j) Knowingly, recklessly, or negligently divulges a privileged communication or other confidential patient health care information except as required or permitted by state or federal law.

448.978(2)(k) (k) Fails to cooperate with the board, or fails to timely respond to a request for information by the board, in connection with an investigation under this section.

448.978(2)(L) (L) Prescribes, sells, administers, distributes, orders, or provides a controlled substance for a purpose other than a medical purpose.

448.978(2)(m) (m) Demonstrates a lack of physical or mental ability to safely practice as a physician assistant.

448.978(2)(n) (n) Engages in any practice that is outside the scope of his or her experience, education, or training.

448.978(2)(o) (o) Is disciplined or has been disciplined by another state or jurisdiction based upon acts or conduct similar to acts or conduct prohibited under pars. (a) to (n).

448.978 History History: 2021 a. 23; 2023 a. 81 ss. 23, 34 to 39.

448.9785 448.9785 Informed consent. Any physician assistant who treats a patient shall inform the patient about the availability of reasonable alternate medical modes of treatment and about the benefits and risks of these treatments. The reasonable physician assistant standard is the standard for informing a patient under this section. The reasonable physician assistant standard requires disclosure only of information that a reasonable physician assistant in the same or a similar medical specialty would know and disclose under the circumstances. The physician assistant’s duty to inform the patient under this section does not require disclosure of any of the following:

448.9785(1) (1) Detailed technical information that in all probability a patient would not understand.

448.9785(2) (2) Risks apparent or known to the patient.

448.9785(3) (3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

448.9785(4) (4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

448.9785(5) (5) Information in cases where the patient is incapable of consenting.

448.9785(6) (6) Information about alternate medical modes of treatment for any condition the physician assistant has not included in his or her diagnosis at the time the physician informs the patient.

448.9785 History History: 2021 a. 23.

448.979 448.979 Penalties. Any person who violates this subchapter is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

448.979 History History: 2021 a. 23.

448.9793 448.9793 Injunction. If it appears upon complaint to the board by any person or if it is known to the board that any person is violating this subchapter, or rules adopted by the board under this subchapter, the board or the attorney general may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state against any such person to enjoin such person from such violation. The attorney general shall represent the board in all proceedings.

448.9793 History History: 2021 a. 23.

448.9795 448.9795 Duty to report.

448.9795(1) (1) A physician assistant who has reason to believe any of the following about another physician assistant shall promptly submit a written report to the board that includes facts relating to the conduct of the other physician assistant:

448.9795(1)(a) (a) The other physician assistant is engaging or has engaged in acts that constitute a pattern of unprofessional conduct.

448.9795(1)(b) (b) The other physician assistant is engaging or has engaged in an act that creates an immediate or continuing danger to one or more patients or to the public.

448.9795(1)(c) (c) The other physician assistant is or may be medically incompetent.

448.9795(1)(d) (d) The other physician assistant is or may be mentally or physically unable safely to engage in the practice of a physician assistant.

448.9795(2) (2) No physician assistant who reports to the board under sub. (1) may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith.

448.9795 History History: 2021 a. 23.

subch. X of ch. 448 SUBCHAPTER X

INTERSTATE MEDICAL LICENSURE COMPACT

Subch. X of ch. 448 Note NOTE: Subch. X (title) was renumbered from subch. IX (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.980 448.980 Interstate medical licensure compact. The following compact is hereby ratified and entered into:

448.980(1) (1) Section 1 — Purpose. In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state’s existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.

448.980(2) (2) Section 2 — Definitions. In this compact:

448.980(2)(a) (a) “Bylaws” means those bylaws established by the interstate commission pursuant to sub. (11) for its governance, or for directing and controlling its actions and conduct.

448.980(2)(b) (b) “Commissioner” means the voting representative appointed by each member board pursuant to sub. (11).

448.980(2)(c) (c) “Conviction” means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

448.980(2)(d) (d) “Expedited license” means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.

448.980(2)(e) (e) “Interstate commission” means the interstate commission created pursuant to sub. (11).

448.980(2)(f) (f) “License” means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.

448.980(2)(g) (g) “Medical practice act” means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

448.980(2)(h) (h) “Member board” means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.

448.980(2)(i) (i) “Member state” means a state that has enacted the compact.

448.980(2)(j) (j) “Practice of medicine” means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.

448.980(2)(k) (k) “Physician” means any person who:

448.980(2)(k)1. 1. Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;

448.980(2)(k)2. 2. Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within 3 attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

448.980(2)(k)3. 3. Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

448.980(2)(k)4. 4. Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists;

448.980(2)(k)5. 5. Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

448.980(2)(k)6. 6. Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

448.980(2)(k)7. 7. Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;

448.980(2)(k)8. 8. Has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration; and

448.980(2)(k)9. 9. Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

448.980(2)(L) (L) “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.

448.980(2)(m) (m) “Rule” means a written statement by the interstate commission promulgated pursuant to sub. (12) that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

448.980(2)(n) (n) “State” means any state, commonwealth, district, or territory of the United States.