LRB–2479/1

PJH:jld:rs

2003 – 2004 LEGISLATURE

2003 BILL

AN ACT to amend 448.06 (2); and to create 448.015 (1c), 448.02 (3) (am) and 448.02 (3) (i) of the statutes; relating to: chelation therapy.

Analysis by the Legislative Reference Bureau

Under current law, the Medical Examining Board licenses physicians to practice, investigates allegations of malpractice or unprofessional behavior by a physician, and imposes discipline on a physician who commits malpractice or acts unprofessionally.

This bill permits a physician to practice chelation therapy. Chelation therapy is a medical treatment in which a chemical is introduced into a patient’s body for the purpose of binding and either removing or rearranging metallic elements. Under the bill, the Medical Examining Board may not deny a license, investigate, or take disciplinary action against a physician solely because he or she practices, or wishes to practice, chelation therapy.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1. 448.015 (1c) of the statutes is created to read: 448.015 (1c) "Chelation therapy" means a medical treatment in which a chemical is introduced into the body for the purpose of binding, and removing or rearranging, metallic elements in the body.

SECTION 2. 448.02 (3) (am) of the statutes is created to read: 448.02 (3) (am) If the board receives an allegation of unprofessional conduct or negligence involving the practice of chelation therapy, the board shall consult, as part of its investigation under par. (a), with at least one physical who devotes a significant portion of his or her practice to chelation therapy.

SECTION 3. 448.02 (3) (i) of the statutes is created to read: 448.02 (3) (i) The board may not investigate or take disciplinary action against a physician solely because the physician practices, attempts to practice, proposes to practice, or holds himself or herself out to the public as one who practices, chelation therapy.

SECTION 4. 448.06 (2) of the statutes is amended to read: 448.06 (2) DENIAL OF LICENSE OR CERTIFICATE. The board may deny an application for any class of license or certificate and refuse to grant such license or certificate on the basis of unprofessional conduct on the part of the applicant, failure to possess the education and training required for that class of license or certificate for which application is made, or failure to achieve a passing grade in the required examinations. The board may not deny an application for a physician’s license and may not refuse to grant a physician’s license solely because the applicant practices, attempts to practice, proposes to practice, or holds himself or herself out to the public as one who practices, chelation therapy.

SECTION 5.0Nonstatutory provisions.

(1) The medical examining board may not investigate or take disciplinary action against a physician solely because the physician practices, attempts to practice, proposes to practice, or holds himself or herself out to the public as one who practices, chelation therapy before the effective date of this subsection.

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