448.08(1m)(1m) Fee splitting. Except as otherwise provided in this section, no person licensed or certified 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. 448.08(2)(2) Separate billing required. Any person licensed under this subchapter who renders any medical or surgical service or assistance whatever, or gives any medical, surgical or any similar advice or assistance whatever to any patient, physician or corporation, or to any other institution or organization of any kind, including a hospital, for which a charge is made to such patient receiving such service, advice or assistance, shall, except as authorized by Title 18 or Title 19 of the federal social security act, render an individual statement or account of the charges therefor directly to such patient, distinct and separate from any statement or account by any physician or other person, who has rendered or who may render any medical, surgical or any similar service whatever, or who has given or may give any medical, surgical or similar advice or assistance to such patient, physician, corporation, or to any other institution or organization of any kind, including a hospital. 448.08(3)(3) Billing for tests performed by the state laboratory of hygiene. A person other than a state or local government agency who charges a patient, other person or 3rd-party payer for services performed by the state laboratory of hygiene shall identify the actual amount charged by the state laboratory of hygiene and shall restrict charges for those services to that amount. 448.08(4)(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 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. 448.08(5)(5) Contract exceptions; terms. Notwithstanding any other provision in this section, when a hospital and its medical staff or a medical education and research organization and its medical staff consider that it is in the public interest, a physician may contract with the hospital or organization as an employee or to provide consultation services for attending physicians as provided in this subsection. 448.08(5)(a)1.1. Require the physician to be a member of or acceptable to and subject to the approval of the medical staff of the hospital or medical education and research organization. 448.08(5)(a)2.2. Permit the physician to exercise professional judgment without supervision or interference by the hospital or medical education and research organization. 448.08(5)(b)(b) If agreeable to the contracting parties, the hospital or medical education and research organization may charge the patient for services rendered by the physician, but the statement to the patient shall indicate that the services of the physician, who shall be designated by name, are included in the departmental charges. 448.08(5)(c)(c) No hospital or medical education and research organization may limit staff membership to physicians employed under this subsection. 448.08(5)(d)(d) The responsibility of physician to patient, particularly with respect to professional liability, shall not be altered by any employment contract under this subsection. 448.08 AnnotationA medical professional service corporation may bill patients for services by both a physician and a physical therapist if billing states an accurate figure for the respective services. 71 Atty. Gen. 108. 448.09448.09 Penalties; appeal. 448.09(1)(1) Penalties. A person who violates s. 448.08 (3) may be fined not more than $250. Except as provided in sub. (1m), a person who violates any other provision of this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both. 448.09(1m)(1m) Physicians. A physician who violates any provision of this subchapter, except s. 448.08 (3), or any rule promulgated under this subchapter may be fined not more than $25,000 or imprisoned not more than 9 months or both. 448.09(2)(2) Appeal. Any person aggrieved by any action taken under this subchapter by the board, its officers or its agents may apply for judicial review as provided in ch. 227, and shall file notice of such appeal with the secretary of the board within 30 days. No court of this state may enter an ex parte stay of any action taken by the board under this subchapter. 448.10448.10 Previous practice. Notwithstanding s. 448.05 (2), a person who, on April 1, 2015, possessed a valid license to practice medicine and surgery under s. 448.05 (2) or 448.065, 2011 stats., may retain, practice under, and continue to renew that license, subject to any other provisions in this subchapter or any rules promulgated by the board governing a license to practice medicine and surgery. 448.11448.11 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. 448.11 HistoryHistory: 1975 c. 383; 1997 a. 175. 448.115(1)(1) A physician who has reason to believe any of the following about another physician shall promptly submit a written report to the board that shall include facts relating to the conduct of the other physician: 448.115(1)(a)(a) The other physician is engaging or has engaged in acts that constitute a pattern of unprofessional conduct. 448.115(1)(b)(b) The other physician is engaging or has engaged in an act that creates an immediate or continuing danger to one or more patients or to the public. 448.115(1)(c)(c) The other physician is or may be medically incompetent. 448.115(1)(d)(d) The other physician is or may be mentally or physically unable safely to engage in the practice of medicine or surgery. 448.115(2)(2) No physician 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. 448.115 HistoryHistory: 2009 a. 382. 448.12448.12 Malpractice. Anyone practicing medicine, surgery, osteopathy, or any other form or system of treating the sick without having a 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. 448.12 HistoryHistory: 1975 c. 383, 421. 448.13448.13 Biennial training requirement. 448.13(1)(a)(a) Except as provided in par. (b), each physician shall include with his or her application for a certificate of registration under s. 448.07 proof of attendance at and completion of all of the following: 448.13(1)(a)1.1. 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 is effective. 448.13(1)(a)2.2. 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 is effective. 448.13(1)(b)(b) The board may waive any of the requirements under par. (a) if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a physician from meeting the requirements. 448.13(1m)(1m) The board shall, on a random basis, verify the accuracy of proof submitted by physicians under sub. (1) (a) and may, at any time during the 2 calendar years specified in sub. (1) (a), require a physician to submit proof of any continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs or courses of study that he or she has attended and completed at that time during the 2 calendar years. 448.13(2)(2) Each person licensed as a perfusionist shall include with his or her application for a certificate of registration under s. 448.07 proof of completion of continuing education requirements promulgated by rule by the board. 448.13(3)(3) Each person licensed as an anesthesiologist assistant shall include with his or her application for a certificate of registration 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. 448.13 Cross-referenceCross-reference: See also Med, Wis. adm. code. 448.14448.14 Annual report. Annually, no later than March 1, the board shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report that identifies the average length of time to process a disciplinary case against a physician during the preceding year and the number of disciplinary cases involving physicians pending before the board on December 31 of the preceding year. 448.14 HistoryHistory: 1997 a. 311. 448.22448.22 Anesthesiologist assistants. 448.22(1)(1) In this section, “supervision” means the use of the powers of direction and decision to coordinate, direct, and inspect the accomplishments of another, and to oversee the implementation of the anesthesiologist’s intentions. 448.22(2)(2) An anesthesiologist assistant may assist an anesthesiologist in the delivery of medical care only under the supervision of an anesthesiologist and only as described in a supervision agreement between the anesthesiologist assistant and an anesthesiologist who represents the anesthesiologist assistant’s employer. The supervising anesthesiologist shall be immediately available in the same physical location or facility in which the anesthesiologist assistant assists in the delivery of medical care such that the supervising anesthesiologist is able to intervene if needed. 448.22(3)(3) A supervision agreement under sub. (2) shall do all of the following: 448.22(3)(b)(b) Define the practice of the anesthesiologist assistant consistent with subs. (2), (4), and (5). 448.22(4)(4) An anesthesiologist assistant’s practice may not exceed his or her education and training, the scope of practice of the supervising anesthesiologist, and the practice outlined in the anesthesiologist assistant supervision agreement. A medical care task assigned by the supervising anesthesiologist to the anesthesiologist assistant may not be delegated by the anesthesiologist assistant to another person. 448.22(5)(5) An anesthesiologist assistant may assist only the supervising anesthesiologist in the delivery of medical care and may perform only the following medical care tasks as assigned by the supervising anesthesiologist: 448.22(5)(a)(a) Developing and implementing an anesthesia care plan for a patient. 448.22(5)(b)(b) Obtaining a comprehensive patient history and performing relevant elements of a physical exam. 448.22(5)(c)(c) Pretesting and calibrating anesthesia delivery systems and obtaining and interpreting information from the systems and from monitors. 448.22(5)(d)(d) Implementing medically accepted monitoring techniques. 448.22(5)(e)(e) Establishing basic and advanced airway interventions, including intubation of the trachea and performing ventilatory support. 448.22(5)(f)(f) Administering intermittent vasoactive drugs and starting and adjusting vasoactive infusions. 448.22(5)(g)(g) Administering anesthetic drugs, adjuvant drugs, and accessory drugs. 448.22(5)(h)(h) Implementing spinal, epidural, and regional anesthetic procedures. 448.22(5)(i)(i) Administering blood, blood products, and supportive fluids. 448.22(5)(j)(j) Assisting a cardiopulmonary resuscitation team in response to a life threatening situation. 448.22(5)(k)(k) Participating in administrative, research, and clinical teaching activities specified in the supervision agreement. 448.22(5)(L)(L) Supervising student anesthesiologist assistants. 448.22(6)(6) An anesthesiologist who represents an anesthesiologist assistant’s employer shall review a supervision agreement with the anesthesiologist assistant at least annually. The supervision agreement shall be available for inspection at the location where the anesthesiologist assistant practices. The supervision agreement may limit the practice of an anesthesiologist assistant to less than the full scope of practice authorized under sub. (5). 448.22(7)(7) An anesthesiologist assistant shall be employed by a health care provider, as defined in s. 655.001 (8), that is operated in this state for the primary purpose of providing the medical services of physicians or that is an entity described in s. 655.002 (1) (g), (h), or (i). If an anesthesiologist assistant’s employer is not an anesthesiologist, the employer shall provide for, and not interfere with, an anesthesiologist’s supervision of the anesthesiologist assistant. 448.22(8)(8) A student in an anesthesiologist assistant training program may assist only an anesthesiologist in the delivery of medical care and may perform only medical care tasks assigned by the anesthesiologist. An anesthesiologist may delegate the supervision of a student in an anesthesiologist assistant training program to only a qualified anesthesiologist, an anesthesiology fellow, an anesthesiology resident who has completed his or her first year of residency, or an anesthesiologist assistant, but in no case may an anesthesiologist concurrently supervise, either directly or as a delegated act, more than 2 students in training to be an anesthesiologist assistant. This section shall not be interpreted to limit the number of other qualified anesthesia providers an anesthesiologist may supervise. A student in an anesthesiologist assistant training program shall be identified as a student anesthesiologist assistant or an anesthesiologist assistant student and may not be identified as an “intern,” “resident,” or “fellow.” 448.22 HistoryHistory: 2011 a. 160. 448.23448.23 Council on anesthesiologist assistants. The council on anesthesiologist assistants shall guide, advise, and make recommendations to the board regarding the scope of anesthesiologist assistant practice and promote the safe and competent practice of anesthesiologist assistants in the delivery of health care services. 448.23 HistoryHistory: 2011 a. 160. 448.30448.30 Informed consent. Any physician 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 standard is the standard for informing a patient under this section. The reasonable physician standard requires disclosure only of information that a reasonable physician in the same or a similar medical specialty would know and disclose under the circumstances. The physician’s duty to inform the patient under this section does not require disclosure of: 448.30(2)(2) Detailed technical information that in all probability a patient would not understand. 448.30(3)(3) Risks apparent or known to the patient. 448.30(4)(4) Extremely remote possibilities that might falsely or detrimentally alarm the patient. 448.30(5)(5) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment. 448.30(6)(6) Information in cases where the patient is incapable of consenting. 448.30(7)(7) Information about alternate medical modes of treatment for any condition the physician has not included in his or her diagnosis at the time the physician informs the patient. 448.30 HistoryHistory: 1981 c. 375; 2013 a. 111. 448.30 Cross-referenceCross-reference: See also ch. Med 18, Wis. adm. code. 448.30 AnnotationA one to three in 100 chance of a condition’s existence is not an “extremely remote possibility” under sub. (4) when very serious consequences could result if the condition is present. Martin v. Richards, 192 Wis. 2d 156, 531 N.W.2d 70 (1995). 448.30 AnnotationA doctor has a duty under this section to advise of alternative modes of diagnosis as well as of alternative modes of treatment for diagnosed conditions. Martin v. Richards, 192 Wis. 2d 156, 531 N.W.2d 70 (1995). 448.30 AnnotationWhat constitutes informed consent under former s. 448.30, 1993 stats., emanates from what a reasonable person in the patient’s position would want to know. What a physician must disclose is contingent on what a reasonable person would need to know to make an informed decision. When different physicians have substantially different success rates with a procedure and a reasonable person would consider that information material, a court may admit statistical evidence of the relative risk. Johnson v. Kokemoor, 199 Wis. 2d 615, 545 N.W.2d 495 (1996), 93-3099. 448.30 AnnotationThe onset of a procedure does not categorically foreclose withdrawal of a patient’s consent. Withdrawal of consent removes the doctor’s authority to continue and obligates the doctor to conduct another informed consent discussion. In this type of informed consent case in which the issue is not whether the patient was given the pertinent information so that the patient’s choice was informed, but rather whether the patient was given an opportunity to make a choice after having all of the pertinent information, the cause question is, “What did the patient himself or herself want?” Schreiber v. Physicians Insurance Co. of Wisconsin, 223 Wis. 2d 417, 588 N.W.2d 26 (1999), 96-3676. 448.30 AnnotationAs a general rule, patients have a duty to exercise ordinary care for their own health. Under limited, enumerated circumstances, contributory negligence may be a defense in an informed consent case. A doctor is not restricted to only the defenses listed under this section, but a court should be cautious in giving instructions on nonstatutory defenses. Brown v. Dibbell, 227 Wis. 2d 28, 595 N.W.2d 358 (1999), 97-2181. 448.30 AnnotationIn the absence of a persistent vegetative state, the right of a parent to withhold life-sustaining treatment from a child does not exist, and the need for informed consent is not triggered when life-sustaining treatment is performed. Montalvo v. Borkovec, 2002 WI App 147, 256 Wis. 2d 472, 647 N.W.2d 413, 01-1933. 448.30 AnnotationA patient’s consent to treatment is not categorically immutable once it has been given. A physician must initiate a new informed consent discussion when there is a substantial change in circumstances, be it medical or legal. Here, the decedent’s postoperative complications did not at some point become a substantial change in medical circumstances necessitating a second informed consent discussion because it was undisputed that the decedent was informed of the risks the decedent later faced. Hageny v. Bodensteiner, 2009 WI App 10, 316 Wis. 2d 240, 762 N.W.2d 452, 08-0133.
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Chs. 440-480, Regulation and Licensing
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