(b) There is a substantial likelihood that the applicant will prevail in the proceeding for review.
(c) The applicant will suffer irreparable harm if the order is not suspended or stayed.
(d) There is no substantial likelihood of harm to patients of the applicant if the board's order is suspended or stayed.
311,6m
Section 6m. 448.03 (5) (c) of the statutes is created to read:
448.03 (5) (c) A physician who in good faith provides the board with information concerning an allegation that another physician has engaged in unprofessional conduct or acted negligently in treating a patient is immune from liability for any damage that results from any act or omission in providing the information and may not be disciplined by the board for providing the information. In any administrative or court proceeding, the good faith of a physician who provides such information shall be presumed.
311,7
Section 7
. 448.09 (1) of the statutes is amended to read:
448.09 (1) Penalties. Anyone violating A person who violates s. 448.08 (3) may be fined not more than $250. Anyone violating Except as provided in sub. (1m), a person who violates any other provision of this chapter subchapter may be fined not more than $10,000 or imprisoned not more than 9 months or both.
311,8
Section 8
. 448.09 (1m) of the statutes is created to read:
448.09 (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.
311,9
Section 9
. 448.13 (1) of the statutes is renumbered 448.13 (1) (a).
311,10
Section 10
. 448.13 (1) (b) of the statutes is created to read:
448.13 (1) (b) The board shall, on a random basis, verify the accuracy of proof submitted by physicians under par. (a) and may, at any time during the 2 calendar years specified in par. (a), require a physician to submit proof of any continuing education programs or courses of study that he or she has attended and completed at that time during the 2 calendar years.
311,11
Section 11
. 448.14 of the statutes is created to read:
448.14 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.
311,12
Section 12
. 448.40 (2) (e) of the statutes is amended to read:
448.40 (2) (e) Establishing the criteria for the substitution of uncompensated hours of professional assistance volunteered to the department of health and family services for some or all of the hours of continuing education credits required under s. 448.13 (1) (a) for physicians specializing in psychiatry. The eligible substitution hours shall involve professional evaluation of community programs for the certification and recertification of community mental health programs, as defined in s. 51.01 (3n), by the department of health and family services.
311,13
Section 13
. 448.40 (2) (f) of the statutes is created to read:
448.40 (2) (f) Establishing procedures for issuing and using administrative warnings under s. 448.02 (8).
311,13m
Section 13m. 753.30 (4) of the statutes is created to read:
753.30 (4) The clerk of circuit court shall provide the medical examining board with a certified copy of an order of a circuit court in which a physician licensed under subch. II of ch. 448 is found negligent in treating a patient. The clerk of circuit court shall provide a certified copy of an order under this subsection no later than 7 business days after the entry of such a court order.
311,14
Section 14
.
Nonstatutory provisions.
(1)
Staff for medical examining board. The authorized FTE positions for the department of regulation and licensing are increased by 1.5 PR program assistant positions and 1.5 PR legal assistant positions on July 1, 1998, to be funded from the appropriation under section 20.165 (1) (g) of the statutes, for the purpose of providing staff only to the medical examining board.
(2) Use of authorized positions. The department of regulation and licensing may not use the positions authorized under subsection (1) to supplant positions in the department that are being used immediately prior to the effective date of this subsection to provide staff to the medical examining board.
(3m) Study regarding education and training. The medical examining board, the Medical College of Wisconsin and the University of Wisconsin-Madison Medical School shall jointly study whether physicians licensed by the medical examining board are sufficiently informed, educated or trained about advances in techniques and procedures for making a diagnosis or providing treatment. The board, the medical college and the medical school shall jointly submit its report, including any recommendations for proposed legislation, to the governor, and to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes, by the first day of the 12th month beginning after the effective date of this subsection.
311,15
Section 15
.
Initial applicability.
(1) The treatment of sections 227.54 and 448.02 (9) of the statutes first applies to disciplinary actions taken by the medical examining board on the effective date of this subsection.
(2m) The treatment of section 448.09 (1) and (1m) of the statutes first applies to violations that occur on the effective date of this subsection.
(3m) The treatment of section 448.02 (3) (c) and (cm) and (8) of the statutes first applies to investigations initiated on the effective date of this subsection.
(4m) The treatment of section 753.30 (4) of the statutes first applies to court orders entered on the effective date of this subsection.
