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(f) Subject to ss. 111.321, 111.322, and 111.34, practices as a physician assistant
15while his or her ability is impaired by alcohol or other drugs.
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(g) Engages in fraud or deceit in obtaining or using his or her license.
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(h) Is adjudicated mentally incompetent by a court.
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(i) Demonstrates gross negligence, incompetence, or misconduct in practice.
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(j) Knowingly, recklessly, or negligently divulges a privileged communication
20or other confidential patient health care information except as required or permitted
21by state or federal law.
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(k) Fails to cooperate with the board, or fails to timely respond to a request for
23information by the board, in connection with an investigation under this section.
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(L) Prescribes, sells, administers, distributes, orders, or provides a controlled
25substance for a purpose other than a medical purpose.
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1(m) Demonstrates a lack of physical or mental ability to safely practice as a
2physician assistant.
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(n) Engages in any practice that is outside the scope of his or her experience,
4education, or training.
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(o) Is disciplined or has been disciplined by another state or jurisdiction based
6upon acts or conduct similar to acts or conduct prohibited under pars. (a) to (n).
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7461.40 Informed consent. Any physician assistant who treats a patient shall
8inform the patient about the availability of reasonable alternate medical modes of
9treatment and about the benefits and risks of these treatments. The reasonable
10physician assistant standard is the standard for informing a patient under this
11section. The reasonable physician assistant standard requires disclosure only of
12information that a reasonable physician assistant in the same or a similar medical
13specialty would know and disclose under the circumstances. The physician
14assistant's duty to inform the patient under this section does not require disclosure
15of any of the following:
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16(1) Detailed technical information that in all probability a patient would not
17understand.
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18(2) Risks apparent or known to the patient.
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19(3) Extremely remote possibilities that might falsely or detrimentally alarm
20the patient.
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21(4) Information in emergencies where failure to provide treatment would be
22more harmful to the patient than treatment.
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23(5) Information in cases where the patient is incapable of consenting.
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1(6) Information about alternate medical modes of treatment for any condition
2the physician assistant has not included in his or her diagnosis at the time the
3physician informs the patient.
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4461.50 Penalties. Any person who violates this chapter is subject to a fine not
5to exceed $10,000 or imprisonment not to exceed 9 months, or both.
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6461.51 Injunction. If it appears upon complaint to the board by any person
7or if it is known to the board that any person is violating this subchapter, or rules
8adopted by the board under this subchapter, the board or the attorney general may
9investigate and may, in addition to any other remedies, bring action in the name and
10on behalf of the state against any such person to enjoin such person from such
11violation. The attorney general shall represent the board in all proceedings.
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12461.52 Duty to report. (1) A physician assistant who has reason to believe
13any of the following about another physician assistant shall promptly submit a
14written report to the board that includes facts relating to the conduct of the other
15physician assistant:
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(a) The other physician assistant is engaging or has engaged in acts that
17constitute a pattern of unprofessional conduct.
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(b) The other physician assistant is engaging or has engaged in an act that
19creates an immediate or continuing danger to one or more patients or to the public.
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(c) The other physician assistant is or may be medically incompetent.
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(d) The other physician assistant is or may be mentally or physically unable
22safely to engage in the practice of a physician assistant.
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23(2) No physician assistant who reports to the board under sub. (1) may be held
24civilly or criminally liable or be found guilty of unprofessional conduct for reporting
25in good faith.
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1Section
72. 462.02 (2) (e) of the statutes is amended to read:
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462.02
(2) (e) A physician assistant licensed under s.
448.04 (1) (f) 461.07.
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3Section
73. 462.04 of the statutes is amended to read:
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4462.04 Prescription or order required. A person who holds a license or
5limited X-ray machine operator permit under this chapter may not use diagnostic
6X-ray equipment on humans for diagnostic purposes unless authorized to do so by
7prescription or order of a physician licensed under s. 448.04 (1) (a), a dentist licensed
8under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed
9under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician
10assistant licensed under s.
448.04 (1) (f)
461.07, or, subject to s. 448.56 (7) (a), a
11physical therapist licensed under s. 448.53.