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Bills from the 2009–10 session

Assembly Bill 877

Duties of physicians and of the Medical Examining Board and requiring the exercise of rule-making authority

Topics: Medical Examining Board, Medical education, Physician

Became law

The governor signed it on May 19, 2010. It's ⁠.

  1. Introduced, passed

    Mar 19, 2010

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Apr 15, 2010

  4. Senate vote, passed

    Passed Apr 22, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 382

Latest entry in the official record, May 21, 2010: “Published 6-1-2010”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law authorizes the Medical Examining Board (board) in the Department of Regulation and Licensing to issue licenses to practice medicine and surgery, to practice perfusion, and to practice as a physician assistant, and to certify respiratory care practitioners. This bill makes several changes to the laws regulating persons licensed, permitted, or certified by the board.

Order of summary suspension Currently, the board may summarily suspend a license, certificate, or other limited permit (credential) granted by the board if the board has probable cause to believe that the credential holder has violated the law and that suspending the credential is necessary to protect the public health, safety, or welfare. The board may suspend the credential for no more than 30 days pending hearing, but may extend the suspension for an additional 30 days while the hearing is in progress and, if the credential holder has caused a delay in the hearing process, from the time the hearing is commenced until a final decision is issued. In addition, the board may designate any of the officers of the board to suspend a credential for a period of up to 72 hours.

Read the full summary

This bill provides that the board chair and two board members designated by the chair or, if the board chair is unavailable, the board vice-chair and two board members designated by the vice-chair, may exercise the authority to summarily suspend a credential. The bill requires an order of summary suspension to be served on the credential holder in the manner established for service of process. The bill eliminates both the 30-day and 72-hour limitations imposed under current law on a summary suspension. Instead, under the bill, the order of summary suspension remains in effect until the effective date of a final decision and order granted in a disciplinary hearing against the credential holder or until the order of summary suspension is discontinued by the board following a hearing to show cause.

The bill requires the board to issue a notice of hearing commencing a disciplinary proceeding against the credential holder no more than ten days after the order of summary suspension has been issued. The bill also requires the board to notify the credential holder that he or she may request a hearing to show cause. If a hearing to show cause is requested, the board must schedule the hearing on a date within 20 days of the board's receipt of the request.

Duty to report This bill requires a person licensed by the board as a physician to promptly submit a written report to the board when the person has reason to believe any of the following about another physician licensed by the board:

1. The other physician is engaged in acts that constitute a pattern of unprofessional conduct.

2. The other physician is engaged in an act that creates an immediate or continuing danger to one or more patients or to the public.

3. The other physician is or may be medically incompetent.

4. The other physician is or may be mentally or physically unable to engage in the practice of medicine or surgery.

The bill provides that a physician who complies in good faith with the duty to report may not be held civilly or criminally liable or be found guilty of unprofessional conduct.

Definition of "unprofessional conduct" Current law governing persons regulated by the board defines "unprofessional conduct" as those acts or attempted acts of commission or omission defined as unprofessional conduct by the board by rule and any act by a physician or physician assistant in violation of the law governing the prescriptive authority of the physician or physician assistant. This bill modifies the definition of "unprofessional conduct" to include failure on the part of a physician to comply with the duty to report as required under the bill.

Biennial training requirement Current law requires each person licensed or certified by the board to, by November 1 of each odd-numbered year, register with the board. As a condition of registration, each physician must submit proof of attendance at and completion within the preceding two calendar years of continuing education programs or courses of study approved by the board. The board may waive the requirement if it finds that exceptional circumstances have prevented the physician from meeting the requirement.

This bill requires a physician to complete professional development and maintenance of certification or performance improvement or continuing medical education programs or courses of study required by the board by rule, and to include proof of attendance at and completion of these additional programs or courses of study in the biennial application for registration with the board. The board may waive this new requirement if it finds that exceptional circumstances have prevented the physician from meeting the requirement.

Temporary educational permit to practice medicine and surgery Currently, the board may grant a temporary educational permit (TEP) to practice medicine and surgery to a person who has graduated and possesses a diploma from a medical or osteopathic college approved by the board and has completed postgraduate training of 12 months in a facility approved by the board.

The board may also grant a TEP to a graduate of a foreign medical school which has not been approved by the board if the graduate of a foreign medical school has had postgraduate training in this country in a 12-month program approved by the board or has had other professional experience suitable to the board, has passed the examinations given by the educational council for foreign medical graduates or its successors, and meets other conditions established by the board.

A person who holds a TEP may take postgraduate educational training in a facility approved by the board, perform services under the direction of a person licensed to practice medicine and surgery, and prescribe drugs other than narcotics.

This bill eliminates the prohibition on prescribing narcotics for a person holding a TEP.

Who's behind it

2 lawmakers are its ⁠. 1 is a Democrat. 1 has no party on record.

1 more lawmaker ⁠.

See all 3 names

Authors (2)

  • Jon Richards · Democrat, Assembly
  • by request of The Medical Examining Board

Signed on in support (1)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Health and Healthcare Reform vote to recommend it

Passed, 11 to 0 · Apr 2, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Health and Healthcare Reform, Ayes 11, Noes 0”. Official record · This vote on its own page

What happened

  1. May 21, 2010

    The new law was published.

  2. May 19, 2010

    The governor signed it. It became 2009 Wisconsin Act 382.

  3. May 13, 2010

    Sent to the governor.

  4. Apr 22, 2010

    The Senate passed it too.

  5. Apr 16, 2010

    Sent to the Senate Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

  6. Apr 16, 2010

    The Senate received it.

  7. Apr 15, 2010

    The Assembly passed it.

  8. Apr 2, 2010

    Sent to the Assembly Committee on Rules.

  9. Apr 2, 2010

    The committee voted to recommend passing it, 11 to 0.

  10. Mar 24, 2010

    The committee held a public hearing.

  11. Mar 23, 2010

    A state agency sent in its estimate of the cost.

  12. Mar 19, 2010

    Sent to the Assembly Committee on Health and Healthcare Reform.

  13. Mar 19, 2010

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 19, 2010 · Assembly

    Introduced by Representative Richards, by request of The Medical Examining Board;Cosponsored by Senator Risser

  2. Mar 19, 2010 · Assembly

    Read first time and referred to committee on Health and Healthcare Reform

  3. Mar 23, 2010 · Assembly

    Fiscal estimate received

  4. Mar 24, 2010 · Assembly

    Public hearing held

  5. Mar 31, 2010 · Assembly

    Executive action taken

  6. Apr 2, 2010 · Assembly

    Report passage recommended by committee on Health and Healthcare Reform, Ayes 11, Noes 0

  7. Apr 2, 2010 · Assembly

    Referred to committee on Rules

  8. Apr 13, 2010 · Assembly

    Made a special order of business at 11:50 A.M. on 4-15-2010 pursuant to Assembly Resolution 22

  9. Apr 15, 2010 · Assembly

    Read a second time

  10. Apr 15, 2010 · Assembly

    Ordered to a third reading

  11. Apr 15, 2010 · Assembly

    Rules suspended

  12. Apr 15, 2010 · Assembly

    Read a third time and passed

  13. Apr 15, 2010 · Assembly

    Ordered immediately messaged

  14. Apr 16, 2010 · Senate

    Received from Assembly

  15. Apr 16, 2010 · Senate

    Read first time and referred to committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue

  16. Apr 22, 2010 · Senate

    Rules suspended to withdraw from committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue and take up

  17. Apr 22, 2010 · Senate

    Read a second time

  18. Apr 22, 2010 · Senate

    Ordered to a third reading

  19. Apr 22, 2010 · Senate

    Rules suspended

  20. Apr 22, 2010 · Senate

    Read a third time and concurred in

  21. Apr 22, 2010 · Senate

    Ordered immediately messaged

  22. Apr 22, 2010 · Assembly

    Received from Senate concurred in

  23. Apr 30, 2010 · Assembly

    Report correctly enrolled

  24. May 13, 2010 · Assembly

    Presented to the Governor on 5-13-2010

  25. May 19, 2010 · Assembly

    Report approved by the Governor on 5-18-2010. 2009 Wisconsin Act 382

  26. May 21, 2010 · Assembly

    Published 6-1-2010

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote