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
PODIATRISTS AFFILIATED
CREDENTIALING BOARD
448.63 Licensure of podiatrists.
448.65 Issuance of license; expiration and renewal; duplicate license.
448.655 Malpractice liability insurance.
448.665 Continuing education.
448.67 Practice requirements.
448.675 Disciplinary proceedings and actions.
448.685 Injunctive relief.
448.69 Penalties; appeal.
SUBCHAPTER V
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(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 medical examining 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 medical examining 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 medical examining board, and holding a license granted by the medical examining board.
448.01(6)
(6) "Physician assistant" means an individual licensed by the medical examining board to provide medical care with physician supervision and direction.
Effective date note
NOTE: Sub. (6) is shown as affected eff. 2-1-99 by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). Prior to 2-1-99 it reads:
Effective date text
(6) "Physician assistant" means an individual certified by the medical examining board to perform patient services under the supervision and direction of a licensed physician.
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(9s)
(9s) "Scene of an emergency" means an area not within the confines of a hospital or other institution which has hospital facilities or the office of a person licensed, certified or holding a limited permit under this chapter.
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(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 medical examining board or an attached affiliated credentialing 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
448.015
448.015
Definitions. In this subchapter:
448.015(1)
(1) "Board" means medical examining board.
448.015(2)
(2) "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.
448.015(3)
(3) "Respiratory care practitioner" means an individual who practices respiratory care.
448.015(4)
(4) "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] physician assistant in violation of
ch. 450 or
961.
Effective date note
NOTE: Sub. (4) is shown as affected eff. 2-1-99 by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language is inserted to correct grammar. Correction legislation is pending. Prior to 2-1-99 it reads:
Effective date text
(4) "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 in violation of ch. 450 or 961.
448.015 History
History: 1997 a. 175 ss.
16,
23,
24,
25,
27; s. 13.93 (2) (c).
448.02(1)(1)
License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery [and] to practice as a physician assistant.
Effective date note
NOTE: Sub. (1) is shown as affected eff. 2-1-99 by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language must be inserted for correct grammar. Corrective legislation is pending. Prior to 2-1-99 it reads:
Effective date text
(1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery.
448.02(2)
(2) Certificate. The board may certify occupational therapists, occupational therapy assistants and respiratory care practitioners.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 2-1-99 by
1997 Wis. Act 67. Prior to 2-1-99 it reads:
Effective date text
(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 1001.2005, 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 a person named in the report. 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.
448.02(3)(c)
(c) Subject to
par. (cm), after a disciplinary hearing, the board may, when it determines that a panel established under s.
655.02, 1983 stats., has unanimously found or a court has found that a person has been negligent in treating a patient or when it finds a person guilty of unprofessional conduct or negligence in treatment, do one or more of the following: warn or reprimand that person, or limit, suspend or revoke any license, certificate or limited permit granted by the board to that person. The board may condition the removal of limitations on a license, certificate or limited permit or the restoration of a suspended or revoked license, certificate or limited permit upon obtaining minimum results specified by the board on one or more physical, mental or professional competency examinations if the board believes that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.
448.02(3)(cm)
(cm) The board may initiate disciplinary action against a physician no later than one year after initiating an investigation of an allegation involving the death of a patient and no later than 3 years after initiating an investigation of any other allegation, unless the board shows to the satisfaction of the secretary that a specified extension of time is necessary for the board to determine whether a physician is guilty of unprofessional conduct or negligence in treatment. For purposes of this paragraph, the date that a matter is reopened under
sub. (8) (c) is considered the date that an investigation of the matter is initiated.
448.02(3)(e)
(e) A person whose license, certificate or limited permit is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person's practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.
448.02(3)(f)
(f) Unless a suspended license or certificate is revoked during the period of suspension, upon the expiration of the period of suspension the license or certificate shall again become operative and effective. However, the board may require the holder of any such suspended license or certificate to pass the examinations required for the original grant of the license or certificate before allowing such suspended license or certificate again to become operative and effective.
448.02(3)(g)
(g) The board shall comply with rules of procedure for the investigation, hearing and action promulgated under
ss. 440.03 (1) and
448.40.
