448.965(1)(c) (c) Standards of practice for occupational therapy, including a code of ethics and criteria for referral.
448.965(2) (2)The affiliated credentialing board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.
448.965 History History: 1999 a. 180 s. 51 to 53, 56.
448.965 Cross-reference Cross-reference: See also OT, Wis. adm. code.
448.966 448.966 Reciprocal licensure.
448.966(1)(1)Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a license as an occupational therapist to a person who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 448.963 (2).
448.966(2) (2)Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a license as an occupational therapy assistant to a person who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 448.963 (3).
448.966 History History: 1999 a. 180.
448.967 448.967 Issuance of license; expiration and renewal.
448.967(1)(1)The department shall issue a certificate of licensure to each person who is licensed under this subchapter.
448.967(2) (2)The renewal dates for licenses granted under this subchapter 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 determined by the department under s. 440.03 (9) (a) and a statement attesting compliance with the continuing education requirements established in rules promulgated under s. 448.965 (1) (b).
448.967 History History: 1999 a. 180; 2007 a. 20.
448.967 Cross-reference Cross-reference: See also ch. OT 3, Wis. adm. code.
448.968 448.968 Disciplinary proceedings and actions.
448.968(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.
448.968(2) (2)Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or 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:
448.968(2)(a) (a) Made a material misstatement in an application for a license or for renewal of a license.
448.968(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 occupational therapy or assisting in the practice of occupational therapy.
448.968(2)(c) (c) Advertised in a manner that is false, deceptive or misleading.
448.968(2)(d) (d) Advertised, practiced or attempted to practice under another's name.
448.968(2)(e) (e) Subject to ss. 111.321, 111.322 and 111.34, practiced occupational therapy or assisted in the practice of occupational therapy while his or her ability to practice was impaired by alcohol or other drugs.
448.968(2)(f) (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.965 (1) (c).
448.968(2)(g) (g) Engaged in conduct while practicing occupational therapy or assisting in the practice of occupational therapy that evidences a lack of knowledge or ability to apply professional principles or skills.
448.968(2)(h) (h) Violated this subchapter or any rule promulgated under this subchapter.
448.968 History History: 1999 a. 180.
448.968 Cross-reference Cross-reference: See also ch. OT 5, Wis. adm. code.
448.969 448.969 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.
448.969 History History: 1999 a. 180.
448.970 448.970 Penalties; appeal.
448.970(1)(1)A person who violates any provision of this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
448.970(2) (2)Any person aggrieved by any action taken under this subchapter by the affiliated credentialing board, its officers or its agents may apply for judicial review as provided in ch. 227, and shall file notice of such appeal with the secretary of the affiliated credentialing board within 30 days. No court of this state may enter an ex parte stay of any action taken by the affiliated credentialing board under this subchapter.
448.970 History History: 1999 a. 180; 2017 a. 364 s. 49.
subch. VIII of ch. 448 SUBCHAPTER VIII
INTERSTATE MEDICAL LICENSURE COMPACT
Effective date note NOTE: Subch. VIII (title) is repealed eff. 12-16-19 by 2015 Wis. Act 116.
448.980 448.980 Interstate medical licensure compact. The following compact is hereby ratified and entered into:
448.980(1) (1) Section 1 — Purpose. In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
448.980(2) (2) Section 2 — Definitions. In this compact:
448.980(2)(a) (a) “Bylaws" means those bylaws established by the interstate commission pursuant to sub. (11) for its governance, or for directing and controlling its actions and conduct.
448.980(2)(b) (b) “Commissioner" means the voting representative appointed by each member board pursuant to sub. (11).
448.980(2)(c) (c) “Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.
448.980(2)(d) (d) “Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact.
448.980(2)(e) (e) “Interstate commission" means the interstate commission created pursuant to sub. (11).
448.980(2)(f) (f) “License" means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.
448.980(2)(g) (g) “Medical practice act" means laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.
448.980(2)(h) (h) “Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.
448.980(2)(i) (i) “Member state" means a state that has enacted the compact.
448.980(2)(j) (j) “Practice of medicine" means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state.
448.980(2)(k) (k) “Physician" means any person who:
448.980(2)(k)1. 1. Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;
448.980(2)(k)2. 2. Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) within 3 attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;
448.980(2)(k)3. 3. Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;
448.980(2)(k)4. 4. Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;
448.980(2)(k)5. 5. Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;
448.980(2)(k)6. 6. Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
448.980(2)(k)7. 7. Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to non-payment of fees related to a license;
448.980(2)(k)8. 8. Has never had a controlled substance license or permit suspended or revoked by a state or the United States drug enforcement administration; and
448.980(2)(k)9. 9. Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.
448.980(2)(L) (L) “Offense" means a felony, gross misdemeanor, or crime of moral turpitude.
448.980(2)(m) (m) “Rule" means a written statement by the interstate commission promulgated pursuant to sub. (12) that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.
448.980(2)(n) (n) “State" means any state, commonwealth, district, or territory of the United States.
448.980(2)(o) (o) “State of principal license" means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.
448.980(3) (3) Section 3 — Eligibility.
448.980(3)(a) (a) A physician must meet the eligibility requirements as defined in sub. (2) (k) to receive an expedited license under the terms and provisions of the compact.
448.980(3)(b) (b) A physician who does not meet the requirements of sub. (2) (k) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
448.980(4) (4) Section 4 — Designation of state of principal license.
448.980(4)(a)(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
448.980(4)(a)1. 1. The state of primary residence for the physician; or
448.980(4)(a)2. 2. The state where at least 25 percent of the practice of medicine occurs, or
448.980(4)(a)3. 3. The location of the physician's employer; or
448.980(4)(a)4. 4. If no state qualifies under subd. 1., 2., or 3., the state designated as state of residence for purpose of federal income tax.
448.980(4)(b) (b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in par. (a).
448.980(4)(c) (c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
448.980(5) (5) Section 5 — Application and issuance of expedited licensure.
448.980(5)(a)(a) A physician seeking licensure through the compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.
448.980(5)(b)1.1. Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician's eligibility, to the interstate commission.
448.980(5)(b)2. 2. Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.
448.980(5)(b)3. 3. The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202.
448.980(5)(b)4. 4. Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.
448.980(5)(c) (c) Upon verification in par. (b), physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to par. (a), including the payment of any applicable fees.
448.980(5)(d) (d) After receiving verification of eligibility under par. (b) and any fees under par. (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medical practice act and all applicable laws and regulations of the issuing member board and member state.
448.980(5)(e) (e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.
448.980(5)(f) (f) An expedited license obtained though the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a non-disciplinary reason, without redesignation of a new state of principal licensure.
448.980(5)(g) (g) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.
448.980(6) (6) Section 6 — Fees for expedited licensure.
448.980(6)(a) (a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the compact.
448.980(6)(b) (b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.
448.980(7) (7) Section 7 — Renewal and continued participation.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 17 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on August 13, 2019. Published and certified under s. 35.18. Changes effective after August 13, 2019, are designated by NOTES. (Published 8-13-19)