448.9785448.9785Informed 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 HistoryHistory: 2021 a. 23.
448.979448.979Penalties. 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 HistoryHistory: 2021 a. 23.
448.9793448.9793Injunction. 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 HistoryHistory: 2021 a. 23.
448.9795448.9795Duty 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 HistoryHistory: 2021 a. 23.
subch. X of ch. 448SUBCHAPTER X
INTERSTATE MEDICAL LICENSURE COMPACT
Subch. X of ch. 448 NoteNOTE: Subch. X (title) was renumbered from subch. IX (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
448.980448.980Interstate 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.