448.51(2)(c)2.a.
a. If, anytime before October 17, 1995, the chiropractor claimed in an advertisement to render physical therapy or physiotherapy services, the chiropractor may continue to claim to render physical therapy or physiotherapy services in an advertisement until the rules promulgated under
ss. 446.02 (10) and
448.525 take effect.
448.51(2)(c)2.b.
b. The chiropractor may claim to render physical therapy or physiotherapy services in private communications with an individual who is a patient or prospective patient until the rules promulgated under
ss. 446.02 (10) and
448.525 take effect. This
subd. 2. b. also applies to an employe or agent of the chiropractor who claims that the chiropractor renders physical therapy or physiotherapy services.
448.51 History
History: 1993 a. 107;
1995 a. 166.
448.52
448.52
Applicability. This subchapter does not require a license under this subchapter for any of the following, if the person does not claim to render physical therapy or physiotherapy services as prohibited under
s. 448.51 (2) (b):
448.52(1)
(1) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.
448.52(2)
(2) Any person assisting a physical therapist in practice under the direct, on-premises supervision of the physical therapist.
448.52(3)
(3) A physical therapist assistant assisting a physical therapist in practice under the general supervision of the physical therapist. In this subsection, "physical therapist assistant" means an individual who has graduated from a physical therapist assistant associate degree program approved by the American physical therapy association. The affiliated credentialing board shall promulgate rules defining "general supervision" for purposes of this subsection.
448.52(4)
(4) A physical therapy student practicing physical therapy within the scope of the student's education or training.
448.52(5)
(5) A physical therapist who is licensed to practice physical therapy in another state or country and is providing a consultation or demonstration with a physical therapist who is licensed under this subchapter.
448.52 History
History: 1993 a. 107 ss.
51,
52,
59;
1995 a. 166.
448.525
448.525
Rules concerning claims to render physical therapy or physiotherapy services. 448.525(1)
(1) The affiliated credentialing board and the chiropractic examining board acting under
s. 446.02 (10) shall jointly promulgate rules that establish the circumstances under which and the extent to which a chiropractor licensed under
ch. 446 may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic.
448.525(2)
(2) The affiliated credentialing board may promulgate rules relating to the circumstances under which and the extent to which a chiropractor licensed under this chapter [
ch. 446] may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic only as provided under
sub. (1).
448.525 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
448.525 History
History: 1995 a. 166.
448.53
448.53
Licensure of physical therapists. 448.53(1)
(1) The affiliated credentialing board shall grant a license as a physical therapist to a person who does all of the following:
448.53(1)(a)
(a) Submits an application for the license to the department on a form provided by the department.
448.53(1)(c)
(c) Subject to
ss. 111.321,
111.322 and
111.335, submits evidence satisfactory to the affiliated credentialing board that the applicant does not have an arrest or conviction record.
448.53(1)(d)
(d) Submits evidence satisfactory to the affiliated credentialing board that the applicant is a graduate of a school of physical therapy approved by the affiliated credentialing board, unless the affiliated credentialing board waives this requirement under
sub. (3).
448.53(2)
(2) The affiliated credentialing board may promulgate rules providing for various classes of temporary licenses to practice physical therapy.
448.53(3)
(3) The affiliated credentialing board may waive the requirement under
sub. (1) (d) for an applicant who establishes, to the satisfaction of the affiliated credentialing board, all of the following:
448.53(3)(a)
(a) That he or she is a graduate of a physical therapy school.
448.53(3)(b)
(b) That he or she is licensed as a physical therapist by another licensing jurisdiction in the United States.
448.53(3)(c)
(c) That the jurisdiction in which he or she is licensed required the licensee to be a graduate of a school approved by the licensing jurisdiction or of a school that the licensing jurisdiction evaluated for education equivalency.
448.53(3)(d)
(d) That he or she has actively practiced physical therapy, under the license issued by the other licensing jurisdiction in the United States, for at least 3 years immediately preceding the date of his or her application.
448.53 History
History: 1993 a. 107.
448.54(1)(1) The affiliated credentialing board shall conduct or arrange for examinations for physical therapist licensure at least semiannually and at times and places determined by the affiliated credentialing board.
448.54(2)
(2) Except as provided in
sub. (3), examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of physical therapy.
448.54(3)
(3) The affiliated credentialing board may not require an applicant to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a physical therapy school that is not in the United States if the applicant establishes, to the satisfaction of the affiliated credentialing board, that he or she satisfies the requirements under
s. 448.53 (3).
448.54 History
History: 1993 a. 107.
448.55
448.55
Issuance of license; expiration and renewal. 448.55(1)(1) The department shall issue a certificate of licensure to each person who is licensed under this subchapter.
448.55(2)
(2) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under rules promulgated under
s. 448.53 (2), are specified under
s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in
s. 440.08 (2) (a).
448.55 History
History: 1993 a. 107.
448.56
448.56
Practice requirements. 448.56(1)
(1)
Written referral. Except as provided in this subsection and
s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or podiatrist. Written referral is not required if a physical therapist provides services in schools to children with exceptional educational needs pursuant to rules promulgated by the department of education; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or podiatrist who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or podiatrist. Written referral is not required if a physical therapist provides services in schools to children with exceptional educational needs pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or podiatrist who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.
448.56(2)
(2) Fee splitting. No licensee may give or receive, directly or indirectly, to or from any other person any fee, commission, rebate or other form of compensation or anything of value for sending, referring or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally by the licensee or at the licensee's direction.
448.56(3)
(3) Billing by professional partnerships and corporations. If 2 or more physical therapists have entered into a bona fide partnership or have formed a service corporation for the practice of physical therapy, the partnership or corporation may not render a single bill for physical therapy services provided in the name of the partnership or corporation unless each physical therapist who provided services that are identified on the bill is identified on the bill as having rendered those services.
448.56 History
History: 1993 a. 107 ss.
54,
59;
1995 a. 27 s.
9145 (1).
448.57
448.57
Disciplinary proceedings and actions. 448.57(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
448.57(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or may deny, limit, suspend or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:
448.57(2)(a)
(a) Made a material misstatement in an application for a license or for renewal of a license.
448.57(2)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the practice of physical therapy.
448.57(2)(c)
(c) Advertised in a manner that is false, deceptive or misleading.
448.57(2)(d)
(d) Advertised, practiced or attempted to practice under another's name.
448.57(2)(e)
(e) Subject to
ss. 111.321,
111.322 and
111.34, practiced physical therapy while the applicant's or licensee's ability to practice was impaired by alcohol or other drugs.
448.57(2)(f)
(f) Engaged in unprofessional or unethical conduct.
448.57(2)(g)
(g) Engaged in conduct while practicing physical therapy which evidences a lack of knowledge or ability to apply professional principles or skills.
448.57(2)(h)
(h) Violated this subchapter or any rule promulgated under this subchapter.
448.57 History
History: 1993 a. 107.
448.58
448.58
Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing board, the department, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.
448.58 History
History: 1993 a. 107.
448.59
448.59
Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
448.59 History
History: 1993 a. 107.
DIETITIANS AFFILIATED CREDENTIALING BOARD
448.70
448.70
Definitions. In this subchapter:
448.70(1)
(1) "Affiliated credentialing board" means the dietitians affiliated credentialing board.
448.70(1m)
(1m) "Certified dietitian" means an individual who is certified as a dietitian under this subchapter.
448.70(2)
(2) "Dietetics" means the integration and application of principles of nutritional science, biochemistry, food science, physiology, food systems management, behavioral science and social science in order to achieve or maintain the health of an individual or group of individuals. "Dietetics" includes assessing the nutritional needs of an individual or group of individuals and determining available resources and constraints in meeting those nutritional needs; establishing priorities, goals and objectives that meet those nutritional needs and are consistent with available resources and constraints; providing nutrition counseling; or developing, implementing and managing nutritional care systems.
448.70(3)
(3) "Dietitian" means an individual who practices dietetics.
448.70 History
History: 1993 a. 443.
448.72(1)(1) This subchapter does not do any of the following:
448.72(1)(a)
(a) Require a certificate under this subchapter for any of the following:
448.72(1)(a)1.
1. A person who is lawfully practicing within the scope of a license, permit or certificate of certification or registration granted under
chs. 441,
446 to
451 or
456, or who is lawfully practicing in any other health care profession that is regulated by state law.
448.72(1)(a)2.
2. A person to whom a practice or procedure is delegated by a person under
subd. 1.
448.72(1)(a)3.
3. A person pursuing a supervised course of study, including internships, leading to a degree or certificate in dietetics from an accredited educational program or an educational program approved by the affiliated credentialing board.
448.72(1)(a)4.
4. A dietetic technician or assistant who is working under the supervision of a certified dietitian.
448.72(1)(a)5.
5. A dietitian who is serving in the U.S. armed forces, as defined in
s. 40.02 (57m), or in the commissioned corps of the federal public health service or is employed by the U.S. veterans administration, and who is engaged in the practice of dietetics as part of that service or employment.
448.72(1)(a)6.
6. A person who markets or distributes food, food materials or dietary or food supplements, who explains the use, benefits or preparation of food, food materials or dietary or food supplements, who furnishes nutritional information on food, food materials or dietary or food supplements, or who disseminates nutritional information or literature, if the person does not use the title "dietitian" or "certified dietitian" and the person complies with applicable federal, state and local laws.
448.72(1)(b)
(b) Prohibit a dietetic student described in
par. (a) 3. from using the title "dietitian student" or any other title, letters or designation that clearly indicates his or her status as a student or trainee.
448.72(1)(c)
(c) Prohibit an individual described in
par. (a) 5. from using the title "dietitian" or any letters or designation that represents or may tend to represent the individual as a dietitian, if the title, letters or designation is used only in the course of the individual's service or employment.
448.72(1)(d)
(d) Prohibit an individual who is registered as a dietitian with the commission on dietetic registration of the American dietetic association from using the title "dietitian" or "registered dietitian".
448.72(1)(e)
(e) Prohibit an individual who is registered as a dietetic technician with the commission on dietetic registration of the American dietetic association from using the title "dietetic technician" or "dietetic technician registered".
448.72(1)(f)
(f) Prohibit an individual from using the title "dietitian", "licensed dietitian" or "certified dietitian" if the person is licensed or certified as a dietitian under the laws of another state which has licensure or certification requirements that the affiliated credentialing board determines to be substantially equivalent to the requirements under
s. 448.78.
448.72(2)
(2) This subchapter does not apply after June 30, 1999.
448.72 History
History: 1993 a. 443.
448.74
448.74
Duties of affiliated credentialing board. The affiliated credentialing board shall promulgate rules that do all of the following:
448.74(1)
(1) Establish criteria for the approval of educational programs and training under
s. 448.78 (3) and
(4).
448.74(2)
(2) Establish a code of ethics to govern the professional conduct of certified dietitians.
448.74 History
History: 1993 a. 443.
