CHAPTER 448
MEDICAL PRACTICES
SUBCHAPTER I
GENERAL PROVISIONS
SUBCHAPTER II
MEDICAL EXAMINING BOARD
448.03 License or certificate required to practice; use of titles; civil immunity; practice of Christian Science.
448.04 Classes of license; certificate of licensure.
448.05 Qualification for licensure or certification; examinations; application.
448.06 License, certificate or limited permit granted, denied.
448.065 Permanent license for certain professors.
448.075 Podiatrists; malpractice liability insurance.
448.08 Fee splitting; separate billing required, partnerships and corporations; contract exceptions.
448.09 Penalties; appeal.
448.10 Previous practice.
448.13 Biennial training requirement.
448.20 Council on physician assistants; duties.
448.21 Physician assistants.
448.30 Information on alternate modes of treatment.
SUBCHAPTER III
PHYSICAL THERAPISTS AFFILIATED CREDENTIALING BOARD
448.525 Rules concerning claims to render physical therapy or physiotherapy services.
448.53 Licensure of physical therapists.
448.55 Issuance of license; expiration and renewal.
448.56 Practice requirements.
448.57 Disciplinary proceedings and actions.
448.58 Injunctive relief.
SUBCHAPTER IV
DIETITIANS AFFILIATED CREDENTIALING BOARD
448.74 Duties of affiliated credentialing board.
448.78 Certification of dietitians.
448.80 Temporary certificate.
448.82 Reciprocal certificate.
448.86 Issuance of certificate; expiration and renewal.
448.90 Disciplinary proceedings and actions.
Ch. 448 Cross-reference
Cross-reference: See definitions in s.
440.01.
GENERAL PROVISIONS
448.01
448.01
Definitions. In this chapter:
448.01(1)
(1) "Board" means medical examining board.
448.01(2)
(2) "Disease" means any pain, injury, deformity or physical or mental illness or departure from complete health or the proper condition of the human body or any of its parts.
448.01(2g)
(2g) "Occupational therapist" means an individual who meets the requirements under
s. 448.05 (5m) (a) and is certified by the board to practice occupational therapy.
448.01(2m)
(2m) "Occupational therapy" means the use of purposeful activity with persons who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disability or the aging process, in order to maximize independent function, prevent further disability and achieve and maintain health and productivity, and encompasses evaluation, treatment and consultation services that are provided to a person or a group of persons.
448.01(2r)
(2r) "Occupational therapy assistant" means an individual who meets the requirements under
s. 448.05 (5m) (b) and is certified by the board to assist in the practice of occupational therapy under the supervision of an occupational therapist.
448.01(5)
(5) "Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the board, and holding a license granted by the board.
448.01(6)
(6) "Physician assistant" means an individual certified by the board to perform patient services under the supervision and direction of a licensed physician.
448.01(7)
(7) "Podiatrist" means an individual possessing the degree of doctor of podiatric medicine or doctor of surgical chiropody or equivalent degree as determined by the board, and holding a license to practice podiatry or podiatric medicine and surgery granted by the board.
448.01(8)
(8) "Podiatry" or "podiatric medicine and surgery" means that branch or system of treating the sick which is limited to the diagnosis, or mechanical, medical or surgical treatment or treatment by use of drugs, of the feet, but does not include amputations other than digits of the foot or the use of a general anesthetic unless administered by or under the direction of a person licensed to practice medicine and surgery. Diagnosis or treatment shall include no portion of the body above the feet except that diagnosis and treatment shall include the tendons and muscles of the lower leg insofar as they shall be involved in conditions of the feet.
448.01(9)
(9) "Practice of medicine and surgery" means:
448.01(9)(a)
(a) To examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same, by any means or instrumentality.
448.01(9)(b)
(b) To apply principles or techniques of medical sciences in the diagnosis or prevention of any of the conditions described in
par. (a) and in
sub. (2).
448.01(9)(c)
(c) To penetrate, pierce or sever the tissues of a human being.
448.01(9)(d)
(d) To offer, undertake, attempt or do or hold oneself out in any manner as able to do any of the acts described in this subsection.
448.01(9g)
(9g) "Respiratory care" means that branch or system of treating the sick which is limited to assisting in the prevention, diagnosis and therapeutic treatment of respiratory disorders by various means, including the administration of medical gases, oxygen therapy, ventilation therapy, artificial airway care, bronchial hygiene therapy, aerosolization of pharmacological agents, respiratory rehabilitation therapy and other treatment, testing, evaluation and rehabilitation procedures performed under the direction of a physician, but not including the use of general anesthetic agents.
448.01(9m)
(9m) "Respiratory care practitioner" means an individual who practices respiratory care.
448.01(10)
(10) "Treat the sick" means to examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same, or to undertake, offer, advertise, announce or hold out in any manner to do any of the aforementioned acts, for compensation, direct or indirect, or in the expectation thereof.
448.01(11)
(11) "Unprofessional conduct" means those acts or attempted acts of commission or omission defined as unprofessional conduct by the board under the authority delegated to the board by
s. 15.08 (5) (b) and any act by a physician or podiatrist in violation of
ch. 450 or
961.
448.01(12)
(12) "Warn" means to privately apprise the holder of a license or certificate of the unprofessional nature of the holder's conduct and admonish the holder that continued or repeated conduct of such nature may give the board cause to reprimand the holder or to limit, suspend or revoke such license or certificate.
448.01 Note
NOTE: Chapter 383, laws of 1975, which repealed and recreated chapter 448 of the statutes contains a statement of legislative policy in section 1.
448.01 Annotation
Physician, subject to certain limitations, may advise patient whether or not continued chiropractic care is necessary. 68 Atty. Gen. 316.
MEDICAL EXAMINING BOARD
448.02(1)(1)
License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery and to practice podiatric medicine and surgery.
448.02(2)
(2) Certificate. The board may certify physician assistants, occupational therapists, occupational therapy assistants and respiratory care practitioners.
448.02(3)
(3) Investigation; hearing; action. 448.02(3)(a)(a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate or limited permit granted by the board. An allegation that a physician has violated
s. 253.10 (3),
448.30 or
450.13 (2) or has failed to mail or present a medical certification required under
s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under
s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under
s. 49.45 (2) (a) 12r.,
50.36 (3) (b),
609.17 or
632.715 or under
42 CFR 1001.109 (e) and
42 CFR 1001.124 (a) (3) and (b) shall be investigated by the board. Information contained in a report filed with the board under
s. 655.045 (1), as created by
1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under
s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of the persons named in the reports. The board may require a person holding a license, certificate or limited permit to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.
448.02(3)(b)
(b) After an investigation, if the board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the board shall hold a hearing on such conduct. The board may use any information obtained by the board or the department under
s. 655.17 (7) (b), as created by
1985 Wisconsin Act 29, in an investigation or a disciplinary proceeding, including a public disciplinary proceeding, conducted under this subsection and the board may require a person holding a license, certificate or limited permit to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its hearing. A unanimous finding by a panel established under s.
655.02, 1983 stats., or a finding by a court that a physician has acted negligently in treating a patient is conclusive evidence that the physician is guilty of negligence in treatment. A finding that is not a unanimous finding by a panel established under s.
655.02, 1983 stats., that a physician has acted negligently in treating a patient is presumptive evidence that the physician is guilty of negligence in treatment. A certified copy of the findings of fact, conclusions of law and order of the panel or the order of a court is presumptive evidence that the finding of negligence in treatment was made. The board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under
s. 227.46 (2), within 90 days after the date on which those proceedings are completed.
