448.02 Authority.

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448.02 Authority.

(1)License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery, to practice as an administrative physician, to practice perfusion, and to practice as an anesthesiologist assistant.

(2)Certificate. The board may certify respiratory care practitioners.

(3)Investigation; hearing; action.

(a)The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate, or respiratory care compact privilege granted by the board. An allegation that a physician has violated s. 253.10

(3), 448.30 or 450.13

(2)or has failed to present a medical certification required under s. 69.18

(2)within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to present a medical certificate required under s. 69.18

(2)within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45

(a)12r. , 50.36

(b), 609.17 or 632.715 , or under 42 CFR 1001.2005 , shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29 , which is not a finding of negligence or in a report filed with the board under s. 50.36

(c)may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license, certificate, or respiratory care compact privilege to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

(b)After an investigation, if the board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the board shall hold a hearing on such conduct. The board may use any information obtained by the board or the department under s. 655.17

(b), as created by 1985 Wisconsin Act 29 , in an investigation or a disciplinary proceeding, including a public disciplinary proceeding, conducted under this subsection and the board may require a person holding a license, certificate, or respiratory care compact privilege to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its hearing. A unanimous finding by a panel established under s. 655.02 , 1983 stats., or a finding by a court that a physician has acted negligently in treating a patient is conclusive evidence that the physician is guilty of negligence in treatment. A finding that is not a unanimous finding by a panel established under s. 655.02 , 1983 stats., that a physician has acted negligently in treating a patient is presumptive evidence that the physician is guilty of negligence in treatment. A certified copy of the findings of fact, conclusions of law and order of the panel or the order of a court is presumptive evidence that the finding of negligence in treatment was made. The board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under s. 227.46

(2), within 90 days after the date on which those proceedings are completed.

(c)Subject to par.

(cm), after a disciplinary hearing, the board may, when it determines that a panel established under s. 655.02 , 1983 stats., has unanimously found or a court has found that a person has been negligent in treating a patient or when it finds a person guilty of unprofessional conduct or negligence in treatment, do one or more of the following: warn or reprimand that person, or limit, suspend or revoke any license, certificate, or respiratory care compact privilege granted by the board to that person. The board may condition the removal of limitations on a license, certificate, or respiratory care compact privilege or the restoration of a suspended or revoked license, certificate, or respiratory care compact privilege upon obtaining minimum results specified by the board on one or more physical, mental or professional competency examinations if the board believes that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.

(cm)The board may initiate disciplinary action against a physician no later than one year after initiating an investigation of an allegation involving the death of a patient and no later than 3 years after initiating an investigation of any other allegation, unless the board shows to the satisfaction of the secretary that a specified extension of time is necessary for the board to determine whether a physician is guilty of unprofessional conduct or negligence in treatment. For purposes of this paragraph, the date that a matter is reopened under sub.

(c)is considered the date that an investigation of the matter is initiated.

(e)A person whose license, certificate, or respiratory care compact privilege is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person’s practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.

(f)Unless a suspended license, certificate, or respiratory care compact privilege is revoked during the period of suspension, upon the expiration of the period of suspension the license, certificate, or respiratory care compact privilege shall again become operative and effective. However, the board may require the holder of any such suspended license, certificate, or respiratory care compact privilege to pass the examinations required for the original grant of the license, certificate, or respiratory care compact privilege before allowing such suspended license, certificate, or respiratory care compact privilege again to become operative and effective.

(g)The board shall comply with rules of procedure for the investigation, hearing and action promulgated under ss. 440.03

(1)and 448.40 .

(h)Nothing in this subsection prohibits the board, in its discretion, from investigating and conducting disciplinary proceedings on allegations of unprofessional conduct by persons holding a license, certificate, or respiratory care compact privilege granted by the board when the allegations of unprofessional conduct may also constitute allegations of negligence in treatment.

(4)Suspension or limitation pending hearing.

(a)The board may summarily suspend or limit any license, certificate, or respiratory care compact privilege granted by the board when the board has in its possession evidence establishing probable cause to believe that the holder of the license, certificate, or respiratory care compact privilege has violated the provisions of this subchapter and that it is necessary to suspend or limit the license, certificate, or respiratory care compact privilege immediately to protect the public health, safety, or welfare. The holder of the license, certificate, or respiratory care compact privilege shall be granted an opportunity to be heard during the determination of probable cause. The board chair and 2 board members designated by the chair or, if the board chair is not available, the board vice-chair and 2 board members designated by the vice-chair, shall exercise the authority granted by this paragraph to summarily suspend or limit a license, certificate, or respiratory care compact privilege in the manner provided under par.

(b).

(b)An order of summary suspension or limitation shall be served upon the holder of the license, certificate, or respiratory care compact privilege in the manner provided in s. 801.11 for service of summons. The order of summary suspension or limitation shall be effective upon service or upon actual notice of the summary suspension or limitation given to the holder of the license, certificate, or respiratory care compact privilege or to the attorney of the license, certificate, or respiratory care compact privilege holder, whichever is sooner. A notice of hearing commencing a disciplinary proceeding shall be issued no more than 10 days following the issuance of the order of summary suspension or limitation. The order of summary suspension or limitation remains in effect until the effective date of a final decision and order in the disciplinary proceeding against the holder or until the order of summary suspension or limitation is discontinued by the board following a hearing to show cause. The holder of the license, certificate, or respiratory care compact privilege shall have the right to request a hearing to show cause why the order of summary suspension or limitation should not be continued and the order of summary suspension or limitation shall notify the holder of the license, certificate, or respiratory care compact privilege of that right. If a hearing to show cause is requested by the holder of the license, certificate, or respiratory care compact privilege, the hearing shall be scheduled on a date within 20 days of receipt by the board of the request for the hearing to show cause.

(4m)International physicians. The board may suspend or revoke a license granted under s. 448.04

(br)if a majority of the board determines that the holder of the license is no longer employed as a physician in this state by an employer described in s. 448.05

(a). The holder of the license shall be granted an opportunity to be heard prior to the board’s determination.

(5)Voluntary surrender. The holder of any license, certificate, or respiratory care compact privilege granted by the board may voluntarily surrender the license, certificate, or respiratory care compact privilege to the secretary of the board, but the secretary may refuse to accept the surrender if the board has received allegations of unprofessional conduct against the holder of the license, certificate, or respiratory care compact privilege. The board may negotiate stipulations in consideration for accepting the surrender of licenses.

(6)Restoration of credential. The board may restore any license, certificate, or respiratory care compact privilege that has been voluntarily surrendered or revoked under any of the provisions of this subchapter, on such terms and conditions as it may deem appropriate.

(7)Hospital reports.

(a)Within 30 days of receipt of a report under s. 50.36

(c), the board shall notify the licensee, in writing, of the substance of the report. The licensee and the licensee’s authorized representative may examine the report and may place into the record a statement, of reasonable length, of the licensee’s view of the correctness or relevance of any information in the report. The licensee may institute an action in circuit court to amend or expunge any part of the licensee’s record related to the report.