446.02(7)(b)
(b) A chiropractor may not delegate to a person who is not licensed under this chapter the making of a diagnosis, the performance of a chiropractic adjustment, the analysis of a diagnostic test or clinical information or any practice or service that the examining board, by rule, prohibits a chiropractor from delegating to a person who is not licensed under this chapter.
446.02(7)(c)
(c) A chiropractor who delegates the performance of a service that is adjunctive to the practice of chiropractic to a person who is not licensed under this chapter shall verify, according to standards and procedures established by the examining board by rule, that the person has adequate education, training and experience to perform the delegated service safely, and is responsible for that person's performance of the delegated service.
446.02(7m)(a)(a) A chiropractor shall create and maintain a patient record for every patient the chiropractor examines or treats. A patient record created and maintained under this paragraph shall contain complete and comprehensive health care information, as defined by the examining board by rule.
446.02(7m)(b)
(b) A chiropractor shall preserve a patient record created and maintained under
par. (a) for at least 3 years after the chiropractor makes his or her last entry or notation in the patient record or for any longer period that is otherwise required by law.
446.02(8)
(8) Every practicing chiropractor shall have in effect professional liability insurance. The examining board shall promulgate rules establishing the minimum amount of insurance required under this subsection.
446.02(9)
(9) No license under this chapter is required for any of the following:
446.02(9)(a)
(a) A student or graduate of a college of chiropractic who practices chiropractic, in a program for the clinical training of students and graduates that is reviewed and approved by the examining board, under the supervision of a chiropractor who is approved by the examining board to supervise the clinical training of the student or graduate and who is licensed under this chapter and is responsible for the student's or graduate's practice in an infirmary, clinic, hospital or private chiropractic office that is connected or associated for training purposes with a college of chiropractic approved by the examining board.
446.02(9)(b)
(b) An individual who is licensed to practice chiropractic in another state or territory of the United States and who practices chiropractic under the jurisdiction of the U.S. armed forces, as defined in
s. 40.02 (57m), federal public health service or U.S. department of veterans affairs.
446.02(9)(c)
(c) An individual who is licensed to practice chiropractic in another state or territory of the United States or in another country and who holds a temporary permit that is granted under the rules promulgated under
sub. (3r).
446.02(9)(d)
(d) A person who performs services that are adjunctive to the practice of chiropractic and that are delegated to the person under
sub. (7).
446.02(10)(a)(a) The examining board and the physical therapists affiliated credentialing board acting under
s. 448.525 shall jointly promulgate rules that establish the circumstances under which and the extent to which a chiropractor licensed under this chapter may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic.
446.02(10)(b)
(b) The examining board may promulgate rules relating to the circumstances under which and the extent to which a chiropractor licensed under this chapter may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic only as provided under
par. (a).
Effective date note
NOTE: Sub. (10) is repealed eff. 4-1-04 by
2001 Wis. Act 70.
446.02 Cross-reference
Cross Reference: See also
Chir, Wis. adm. code.
446.02 Annotation
Chiropractor has no duty to refer to doctor patient who isn't treatable through chiropractic means. Chiropractors aren't held to medical standard of care. Kerkman v. Hintz,
142 Wis. 2d 404,
418 N.W.2d 795 (1988).
446.03
446.03
Reprimand; license revocation, limitation or suspension. The examining board, by order, may reprimand a licensee or registrant and may deny, limit, suspend or revoke any license or certificate of registration if the licensee or registrant:
446.03(1)
(1) Obtained the license or certificate through error or fraud;
446.03(2)
(2) Is addicted to alcohol or other drugs;
446.03(3)
(3) Is hereafter convicted in a court of competent jurisdiction, either within or without this state, or in federal court, of any violation of any law governing the practice of chiropractic or of any felony, subject to
ss. 111.321,
111.322 and
111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction;
446.03(4)
(4) Has obtained or sought to obtain anything of value by fraudulent representation in the practice of chiropractic;
446.03(5)
(5) Is guilty of unprofessional conduct;
446.03(6)
(6) Has continued practice, knowingly having an infectious or contagious disease; or
446.03(7)
(7) If the applicant or registrant maintains a professional connection or association with any other person continuing to violate this chapter after 10 days' notice in writing by the department.
446.04
446.04
Unprofessional conduct. Unprofessional conduct includes, without limitation because of enumeration:
446.04(1)
(1) Any conduct of a character likely to deceive or defraud the public;
446.04(2)
(2) Loaning of a chiropractic license or certificate to anyone;
446.04(4)
(4) Splitting or dividing any fee for chiropractic service with any person except an associate licensed chiropractor;
446.04(5)
(5) Use of unprofessional advertising which shall include without limitation because of enumeration:
446.04(5)(a)
(a) Any advertising statement of a character tending to deceive or mislead the public;
446.04(5)(b)
(b) Advertising professional superiority or performance of professional services in a superior manner.
446.04 Cross-reference
Cross Reference: See also s.
Chir 6.01, Wis. adm. code.
446.05
446.05
Procedure for hearings. 446.05(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any licensed chiropractor who, it has reason to believe, violated
s. 446.02 or
446.03. The person complained against may proceed to review any action of the examining board under
ch. 227.
446.05(2)
(2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended under
s. 440.13 (2) (c) or that is revoked under
s. 440.12.
446.05 History
History: 1977 c. 418;
1997 a. 191,
237.
446.06
446.06
Injunction to enforce this chapter. If it appears upon complaint to the examining board by any person or it is known to the examining board that any person is violating this chapter, the examining board or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name of and on behalf of the state against any such person to enjoin such person from such violations.
446.06 History
History: 1981 c. 390 s.
252.
446.07
446.07
Penalty. Anyone violating this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
Effective date note
NOTE: This section is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
446.07 Penalty. Anyone violating this chapter may be fined not less than $100 nor more than $500 or imprisoned for not more than 2 years or both.
446.07 History
History: 1997 a. 283;
2001 a. 109.
