1997 - 1998 LEGISLATURE
May 22, 1997 - Introduced by Representatives Underheim, La Fave, F. Lasee and
Powers. Referred to Committee on Health.
AB381,1,6 1An Act to renumber and amend 448.06 (2); to amend 448.01 (9) (a) and 448.01
2(11); and to create 448.01 (2d), 448.02 (3) (am), 448.02 (4m) and 448.06 (2) (b)
3of the statutes; relating to: the grounds for disciplinary action against a person
4regulated by the medical examining board and requiring the medical
5examining board to consult certain persons when conducting disciplinary
6investigations.
Analysis by the Legislative Reference Bureau
Under current law, the medical examining board (board) issues credentials to
physicians, podiatrists, occupational therapists, physician assistants and
respiratory care practitioners (credential holders). The board is required to
investigate allegations of unprofessional conduct and negligence in treatment by
credential holders. The board may warn or reprimand a credential holder, or limit,
suspend or revoke the credential of a credential holder, if the credential holder is
found to have engaged in unprofessional conduct or negligence in treatment or if the
credential holder is found to have violated laws regulating controlled substances.
The board may also deny a credential or refuse to renew a credential if the applicant
for the credential or for renewal of the credential has engaged in unprofessional
conduct. Under current law, the board defines what constitutes unprofessional
conduct.
This bill prohibits the board from warning or reprimanding a credential holder,
limiting, suspending or revoking the credential of a credential holder, denying a

credential or refusing to renew a credential solely because the credential holder or
credential applicant is providing nonconventional care, which is defined by the bill
to mean any method of diagnosis, treatment, prescribing or advising employed by a
physician that is not generally used but that the physician reasonably expects will
effectively treat disease.
Also, under the bill, as part of its investigation into allegations of
unprofessional conduct or negligence in treatment by a physician, the board must
consult with at least one physician from the area of medical specialty of the physician
being investigated. If the specialty area of the treatment provided by the physician
being investigated differs from the specialty area of that physician, the board must
consult at least one physician from the area of medical specialty of the treatment
provided. Finally, if the allegation of unprofessional conduct or negligence in
treatment involves nonconventional care, the board must also consult with at least
one physician who devotes a significant portion of his or her practice to the type of
nonconventional care that was provided by the physician being investigated.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB381, s. 1 1Section 1. 448.01 (2d) of the statutes is created to read:
AB381,2,42 448.01 (2d) "Nonconventional care" means any method of diagnosing, treating,
3prescribing or advising employed by a physician that is not generally used but that
4the physician reasonably expects will effectively treat disease.
AB381, s. 2 5Section 2. 448.01 (9) (a) of the statutes is amended to read:
AB381,2,86 448.01 (9) (a) To examine into the fact, condition or cause of human health or
7disease, or to treat, operate, prescribe or advise for the same, by any means or
8instrumentality, including nonconventional care.
AB381, s. 3 9Section 3. 448.01 (11) of the statutes is amended to read:
AB381,2,1310 448.01 (11) "Unprofessional conduct" means those acts or attempted acts of
11commission or omission defined, subject to s. 448.02 (4m), as unprofessional conduct
12by the board under the authority delegated to the board by s. 15.08 (5) (b) and any
13act by a physician or podiatrist in violation of ch. 450 or 961.
AB381, s. 4
1Section 4. 448.02 (3) (am) of the statutes is created to read:
AB381,3,82 448.02 (3) (am) 1. As part of an investigation under par. (a) of an allegation of
3unprofessional conduct in providing treatment or an allegation of negligence in
4treatment, the board shall consult with at least one physician from the area of
5medical specialty of the physician who provided the treatment or, if the specialty area
6of the treatment provided is different than the specialty area of the physician who
7provided the treatment, consult with at least one physician from the area of medical
8specialty of the treatment provided.
AB381,3,149 2. In addition to the consultation required under subd. 1., if the board is
10investigating an allegation of unprofessional conduct in providing treatment or an
11allegation of negligence in treatment and the treatment provided involves
12nonconventional care, the board shall consult with at least one physician who
13devotes a significant portion of his or her practice to the type of nonconventional care
14provided by the physician being investigated.
AB381, s. 5 15Section 5. 448.02 (4m) of the statutes is created to read:
AB381,3,2016 448.02 (4m) Discipline based on nonconventional practice. Notwithstanding
17subs. (3) and (4), the board may not warn or reprimand a person under sub. (3), or
18may not limit, suspend or revoke under sub. (3) or (4) any license, certificate or
19limited permit granted by the board to a person, solely on the grounds that the person
20provides nonconventional care.
AB381, s. 6 21Section 6. 448.06 (2) of the statutes is renumbered 448.06 (2) (a) and amended
22to read:
AB381,4,323 448.06 (2) (a) The Except as provided in par. (b), the board may deny an
24application for any class of license or certificate and refuse to grant such license or
25certificate on the basis of unprofessional conduct on the part of the applicant, failure

1to possess the education and training required for that class of license or certificate
2for which application is made, or failure to achieve a passing grade in the required
3examinations.
AB381, s. 7 4Section 7. 448.06 (2) (b) of the statutes is created to read:
AB381,4,75 448.06 (2) (b) The board may not deny an application for any class of license
6or certificate or may not refuse to grant such license or certificate solely on the
7grounds that the person provides nonconventional care.
AB381, s. 8 8Section 8. Initial applicability.
AB381,4,119 (1)  Disciplinary proceedings. The treatment of section 448.02 (4m) of the
10statutes first applies to disciplinary proceedings commenced on the effective date of
11this subsection.
AB381,4,1412 (2)  Investigation of complaints. The treatment of section 448.02 (3) (am) 1.
13and 2. of the statutes first applies to investigations of allegations of unprofessional
14conduct or negligence in treatment that begin on the effective date of this subsection.
AB381,4,1815 (3)  Denial of license applications. The renumbering and amendment of
16section 448.06 (2) of the statutes and the creation of section 448.06 (2) (b) of the
17statutes first apply to applications for a license or certificate that are submitted on
18the effective date of this subsection.
AB381,4,1919 (End)
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