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.
448.02(3)(c)
(c) 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)(e)
(e) A person whose license, certificate or limited permit is limited 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.
448.02(3)(h)
(h) Nothing in this subsection prohibits the board, in its discretion, from investigating and conducting disciplinary proceedings on allegations of unprofessional conduct by persons holding a license, certificate or limited permit granted by the board when the allegations of unprofessional conduct may also constitute allegations of negligence in treatment.
448.02(4)
(4) Suspension pending hearing. The board may summarily suspend any license, certificate or limited permit granted by the board for a period not to exceed 30 days pending hearing, when the board has in its possession evidence establishing probable cause to believe that the holder of the license, certificate or limited permit has violated the provisions of this chapter and that it is necessary to suspend the license, certificate or limited permit immediately to protect the public health, safety or welfare. The holder of the license, certificate or limited permit shall be granted an opportunity to be heard during the determination of probable cause. The board may designate any of its officers to exercise the authority granted by this subsection to suspend summarily a license, certificate or limited permit, but such suspension shall be for a period of time not to exceed 72 hours. If a license, certificate or limited permit has been summarily suspended by the board or any of its officers, the board may, while the hearing is in progress, extend the initial 30-day period of suspension for an additional 30 days. If the holder of the license, certificate or limited permit has caused a delay in the hearing process, the board may subsequently suspend the license, certificate or limited permit from the time the hearing is commenced until a final decision is issued or may delegate such authority to the hearing examiner.
448.02(5)
(5) Voluntary surrender. The holder of any license, certificate or limited permit granted by the board may voluntarily surrender the license, certificate or limited permit to the secretary of the board, but the secretary may refuse to accept the surrender if the board has received allegations of unprofessional conduct against the holder of the license, certificate or limited permit. The board may negotiate stipulations in consideration for accepting the surrender of licenses.
448.02(6)
(6) Restoration of license, certificate or limited permit. The board may restore any license, certificate or limited permit which has been voluntarily surrendered or revoked under any of the provisions of this chapter, on such terms and conditions as it may deem appropriate.
448.02(7)(a)(a) Within 30 days of receipt of a report under
s. 50.36 (3) (c), the board shall notify the licensee, in writing, of the substance of the report. The licensee and the licensee's authorized representative may examine the report and may place into the record a statement, of reasonable length, of the licensee's view of the correctness or relevance of any information in the report. The licensee may institute an action in circuit court to amend or expunge any part of the licensee's record related to the report.
448.02(7)(b)
(b) If the board determines that a report submitted under
s. 50.36 (3) (c) is without merit or that the licensee has sufficiently improved his or her conduct, the board shall remove the report from the licensee's record. If no report about a licensee is filed under
s. 50.36 (3) (c) for 2 consecutive years, the licensee may petition the board to remove any prior reports, which did not result in disciplinary action, from his or her record.
448.02(7)(c)
(c) Upon the request of a hospital, the board shall provide the hospital with all information relating to a licensee's loss, reduction or suspension of staff privileges from other hospitals and all information relating to the licensee's being found guilty of unprofessional conduct. In this paragraph, "hospital" has the meaning specified under
s. 50.33 (2).
448.02 Annotation
Reading (3) (b) in conjunction with 227.46 (2), "hearing" for purposes of computing time period for decision includes taking of evidence and all subsequent proceedings. Sweet v. Medical Examining Board, 147 W (2d) 539, 433 NW (2d) 614 (Ct. App. 1988).
448.02 Annotation
Wisconsin medical examining board does not deny due process by both investigating and adjudicating charge of professional misconduct. Withrow v. Larkin, 421 US 35.
448.03
448.03
License or certificate required to practice; use of titles; civil immunity; practice of Christian Science. 448.03(1)(1)
License required to practice. No person may practice medicine and surgery, or podiatry, or attempt to do so or make a representation as authorized to do so, without a license granted by the board.
448.03(1m)
(1m) Certificate required to practice. No person may practice respiratory care, or attempt to do so or make a representation as authorized to do so, without a certificate as a respiratory care practitioner granted by the board.
448.03(2)
(2) Exceptions. Nothing in this chapter shall be construed either to prohibit, or to require a license or certificate under this chapter for any of the following:
448.03(2)(a)
(a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice professional or practical nursing or nurse-midwifery under
ch. 441, to practice chiropractic under
ch. 446, to practice dentistry or dental hygiene under
ch. 447, to practice optometry under
ch. 449, to practice acupuncture under
ch. 451 or under any other statutory provision, or as otherwise provided by statute.
448.03(2)(b)
(b) The performance of official duties by a physician of any of the armed services or federal health services of the United States.
448.03(2)(c)
(c) The activities of a medical student, podiatry student, respiratory care student or physician assistant student required for such student's education and training; or the activities of a medical school graduate required for training as required in
s. 448.05 (2).
448.03(2)(d)
(d) Actual consultation or demonstration by licensed physicians or podiatrists or certified respiratory care practitioners of other states or countries with licensed physicians or podiatrists or certified respiratory care practitioners of this state.
448.03(2)(e)
(e) Any person providing patient services as directed, supervised and inspected by a physician or podiatrist who has the power to direct, decide and oversee the implementation of the patient services rendered.
448.03(2)(h)
(h) The gratuitous domestic administration of family remedies.
448.03(2)(i)
(i) Any person furnishing medical assistance or first aid at the scene of an emergency.
448.03(2)(j)
(j) Any person assisting a respiratory care practitioner in practice under the direct, immediate, on-premises supervision of the respiratory care practitioner.
448.03(3)(a)(a) No person may use or assume the title "doctor of medicine" or append to the person's name the letters "M.D." unless one of the following applies:
448.03(3)(a)1.
1. The person possesses the degree of doctor of medicine.
448.03(3)(a)2.
2. The person is licensed as a physician under this subchapter because the person satisfied the degree requirement of
s. 448.05 (2) by possessing a medical degree that was conferred by a medical school recognized and listed as such by the World Health Organization of the United Nations.
448.03(3)(b)
(b) No person not possessing the degree of doctor of osteopathy may use or assume the title "doctor of osteopathy" or append to the person's name the letters "D.O.".
448.03(3)(c)
(c) No person not a podiatrist may designate himself or herself as a podiatrist or use or assume the title "doctor of surgical chiropody" or "doctor of podiatry" or "doctor of podiatric medicine" or append to the person's name the words or letters "doctor", "Dr.", "D.S.C.", "D.P.M." or "foot doctor" or "foot specialist" or any other title, letters or designation which represents or may tend to represent the person as a podiatrist.
448.03(3)(e)
(e) No person may designate himself or herself as a "physician assistant" or use or assume the title "physician assistant" or append to the person's name the words or letters "physician assistant" or "P.A." or any other titles, letters or designation which represents or may tend to represent the person as a physician assistant unless certified as a physician assistant by the board.
448.03(3)(f)
(f) No person not an occupational therapist may designate himself or herself as an occupational therapist, claim to render occupational therapy services or use the abbreviation "O.T." or "O.T.R." after the person's name. This paragraph does not apply to:
448.03(3)(f)1.
1. Any person employed as an occupational therapist by a federal agency, as defined under
s. 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.
448.03(3)(f)2.
2. Any person pursuing a supervised course of study, including internship, leading to a degree or certificate in occupational therapy under an accredited or approved educational program, if the person is designated by a title which clearly indicates his or her status as a student or trainee.
448.03(3)(f)3.
3. Any person performing occupational therapy services in this state under a limited permit, as provided under
s. 448.04 (1) (h), if at least one of the following applies:
448.03(3)(f)3.a.
a. The person is licensed or certified as an occupational therapist under the law of another state which has licensure or certification requirements that are determined by the board to be at least as stringent as the requirements of this chapter.
448.03(3)(f)3.b.
b. The person meets the requirements for certification as an occupational therapist, registered, established by the American occupational therapy certification board.
448.03(3)(g)
(g) No person not an occupational therapy assistant may describe himself or herself as an occupational therapy assistant or claim to render occupational therapy services as an occupational therapy assistant or use the abbreviation "O.T.A." or "C.O.T.A." after the person's name. This paragraph does not apply to:
448.03(3)(g)1.
1. Any person employed as an occupational therapy assistant by a federal agency, as defined under
s. 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.
448.03(3)(g)2.
2. Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy assistantship under an approved educational program, if the person is designated by a title which clearly indicates his or her status as a student or trainee.
448.03(3)(g)3.
3. Any person performing occupational therapy services in this state under a limited permit, as provided under
s. 448.04 (1) (h), if at least one of the following applies:
448.03(3)(g)3.a.
a. The person is licensed or certified as an occupational therapy assistant under the law of another state which has licensure or certification requirements that are determined by the board to be at least as stringent as the requirements of this chapter.
448.03(3)(g)3.b.
b. The person meets the requirements for certification as a certified occupational therapy assistant, established by the American occupational therapy certification board.
448.03(4)
(4) Definition. In this section, "the scene of an emergency" means areas 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.
448.03(5)
(5) Civil liability; certain medical procedures and reports. 448.03(5)(a)(a) No person licensed or certified under this chapter shall be liable for any civil damages resulting from such person's refusal to perform sterilization procedures or to remove or aid in the removal of a human embryo or fetus from a person if such refusal is based on religious or moral precepts.
448.03(5)(b)
(b) No physician shall be liable for any civil damages for either of the following:
448.03(5)(b)1.
1. Reporting in good faith to the department of transportation under
s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient which in the physician's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
448.03(5)(b)2.
2. In good faith, not reporting to the department of transportation under
s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient which in the physician's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
448.03(6)
(6) Practice of Christian Science. No law of this state regulating the practice of medicine and surgery may be construed to interfere with the practice of Christian Science. A person who elects Christian Science treatment in lieu of medical or surgical treatment for the cure of disease may not be compelled to submit to medical or surgical treatment.
448.03 Annotation
Restrictions on business corporations providing medical, legal and dental services discussed.
75 Atty. Gen. 200 (1986).
