Wisconsin Statutes 440.035 – General duties and powers of examining boards and affiliated credentialing boards
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 440.035
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Physician assistant: means a person licensed as a physician assistant under subch. See Wisconsin Statutes 990.01
- Year: means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord". See Wisconsin Statutes 990.01
(a) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.
(b) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation, or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations, and disciplinary matters affecting persons who are credentialed by the credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the credentialing board or accreditation.
(c) Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.
(d) Compile and keep current a register of the names and addresses of all persons who are credentialed to be retained by the department and which shall be available for public inspection during the times specified in s. 230.35 (4) (a). The department may also make the register available to the public by electronic transmission.
(1p) Notwithstanding chs. 440 to 480, a credentialing board may delegate authority to the department to make determinations regarding whether an applicant satisfies the requirements to be granted a credential and may delegate authority to the department to grant or deny a credential in accordance with that determination.
(1r) Notwithstanding chs. 440 and 480 [chs. 440 to 480], after the department submits a completed application for a credential to a credentialing board or the designee of the credentialing board under s. 440.03 (13) (a) 2. a. for which the department recommends approval or approval with limitations and does not recommend further review by the credentialing board or the credentialing board’s designee, the application shall be considered to have been approved by the credentialing board in accordance with the department’s recommendation on the 10th business day following the date of submission, unless one of the following occurs prior to that date:
440.035 Note NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
(a) The credentialing board or the credentialing board’s designee approves or denies the credential.
(b) The credentialing board or the credentialing board’s designee makes a determination that additional time is required to make a determination on the application, not to exceed any deadline established by the department under s. 440.03 (1m).
(c) The credentialing board or the credentialing board’s designee determines that an applicant must complete an additional examination, if the credentialing board has the authority to require such an examination.
(d) The credentialing board makes a request, subject to s. 103.35, for further information from the applicant in order to make a determination on the application.
(2) Except as otherwise permitted in chs. 440 to 480, a credentialing board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.
(2m)
(a) In this subsection, “controlled substance” has the meaning given in s. 961.01 (4).
(b) The medical examining board, the physician assistant affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
(c)
1. The medical examining board, the physician assistant affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by November 1 of each year, submit a report to the persons specified in subd. 2. that does all of the following:
a. Details proactive efforts taken by the board to address the issue of opioid abuse. The board shall specify whether the board has required, or otherwise encouraged, continuing education related to prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
b. Sets goals for addressing the issue of opioid abuse, as that issue pertains to or implicates the practices of the professions regulated by the board.
c. Describes the actions taken by the board so that the goals described in subd. 1. b. that were identified in the board’s previous reports under this paragraph can be achieved, whether those goals have been achieved, and, if the goals have not been achieved, the reasons therefor.
2. A report under subd. 1. shall be submitted to all of the following:
a. Any committee, task force, or other body or person designated by the governor.
b. To the appropriate standing committees of the legislature with jurisdiction over health issues under s. 13.172 (3).