130,38
Section 38
. 905.04 (1) (b) and (c), (2) and (3) of the statutes are amended to read:
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.
(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.
(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.
(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.
130,39
Section 39
. 905.04 (1) (br) of the statutes is created to read:
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.
130,40
Section 40
. 990.01 (22m) of the statutes is created to read:
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).
130,41
Section
41
.
Nonstatutory provisions.
(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.
(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.
(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 42 (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.
130,42
Section 42
.
Effective dates. This act takes effect on the day after publication except as follows:
(1) The treatment of s. 466.02 takes effect on the first day of the 25th month beginning after publication.