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).
448.04
448.04
Classes of license; certificate of licensure. 448.04(1)(a)(a)
License to practice medicine and surgery. A person holding a license to practice medicine and surgery may practice as defined in
s. 448.01 (9).
448.04(1)(b)
(b)
Temporary license to practice medicine and surgery. 448.04(1)(b)1.1. An applicant for license to practice medicine and surgery who has passed an examination satisfactory to the board, or who is a graduate of a medical school in this state, and who more than 30 days prior to the date set by the board for the holding of its next examination has complied with all the requirements of
s. 448.05 (2) and
(7) may, at the discretion of the board, be granted a temporary license to practice medicine and surgery. Such temporary license shall expire 60 days after the next examination for license is given or on the date following the examination on which the board grants or denies such applicant a license, whichever occurs first; but the temporary license shall automatically expire on the first day the board begins its examination of applicants after granting such license, unless its holder submits to examination on such date. The board may require an applicant for temporary licensure under this subdivision to appear before a member of the board for an interview and oral examination. A temporary license shall be granted under this subsection only once to the same person.
448.04(1)(b)2.
2. An applicant who is a graduate of a foreign medical school and who, because of noteworthy professional attainment, is invited to serve on the academic staff of a medical school in this state as a visiting professor, may be granted a temporary license to practice medicine and surgery if the applicant does not have an arrest or conviction record, subject to
ss. 111.321,
111.322 and
111.335. Such license shall remain in force only while the holder is serving full-time on the academic staff of a medical school, and the holder's entire practice is limited to the duties of the academic position. Such license shall expire 2 years after its date of granting and may be renewed at the discretion of the board. The board may require an applicant for licensure under this subdivision to appear before a member of the board for an interview.
448.04(1)(b)3.
3. The board may grant a temporary license to practice medicine and surgery for a period not to exceed 90 days to a nonresident physician who is serving on a full-time or temporary basis in a camp or other recreational facility, or to a physician temporarily maintaining the practice of another physician. In either case, the applicant for such temporary license must satisfy the board that the applicant is needed in the area in which the applicant wishes to serve and that the applicant holds a license granted upon written examination in another licensing jurisdiction of the United States or Canada. The board may renew such temporary license for additional periods of 90 days each but may not renew such license more than 3 consecutive times. The board may require an applicant for such temporary license to appear before a member of the board for interview.
448.04(1)(c)
(c)
Temporary educational permit to practice medicine and surgery. Application for a temporary educational permit to practice medicine and surgery may be made to the board by a person who meets the requirements of
s. 448.05 (2). Such permit may be issued for a period not to exceed one year and may be renewed annually for not more than 4 years. Such permit shall entitle the holder to take postgraduate educational training in a facility approved by the board. The holder of such permit may, under the direction of a person licensed to practice medicine and surgery in this state, perform services requisite to the training authorized by this section. Acting under such direction, the holder of such permit shall also have the right to prescribe drugs other than narcotics and to sign any certificates, reports or other papers for the use of public authorities which are required of or permitted to persons licensed to practice medicine and surgery. The holder of such permit shall confine training and practice to the facility in which the holder is taking the training. The purpose of this paragraph is solely to provide opportunities in this state for the postgraduate education of certain persons having training in medicine and surgery satisfactory to the board, without compliance with the licensure requirements of this chapter. Nothing in this paragraph changes in any respect the requirements for licensure to practice medicine and surgery in this state. The violation of this paragraph by the holder of such permit shall constitute cause for the revocation of the permit. All holders of such permits shall be subject to such provisions of this chapter as the board, by rule, determines are appropriate and to any penalties applicable to those with a temporary or regular license to practice medicine and surgery. The board may require an applicant for licensure under this paragraph to appear before a member of the board for an interview and oral examination.
448.04(1)(d)
(d)
License to practice podiatry. A person holding a license to practice podiatry may practice as defined by
s. 448.01 (8). The board may, by rule, provide for various classes of temporary licenses to practice podiatry.
448.04(1)(f)
(f)
Certificate as physician assistant. The board shall certify as a physician assistant an individual who meets the requirements for certification under
s. 448.05 (5). The board may, by rule, provide for various classes of temporary certificates to practice as physician assistants.
448.04(1)(g)
(g)
Certification to practice or assist in the practice of occupational therapy. 448.04(1)(g)1.1. A person who is certified to practice occupational therapy may practice occupational therapy.
448.04(1)(g)2.
2. A person who is certified to practice as an occupational therapy assistant may assist in the practice of occupational therapy.
448.04(1)(g)3.
3. The board may waive the requirements under
s. 448.05 (5m) (a) or
(b) and, upon payment of a reciprocal certificate fee under
s. 440.05 (2), certify as an occupational therapist or occupational therapy assistant:
448.04(1)(g)3.a.
a. Any person who presents proof of current licensure or certification as an occupational therapist or occupational therapy assistant in another state or territory of the United States which requires standards for licensure or certification considered by the board to be equivalent to the requirements for certification in this state.
448.04(1)(g)3.b.
b. Any person who presents proof of certification by the American occupational therapy certification board, if the medical examining board determines that the requirements for the certification are equivalent to the requirements under
s. 448.05 (5m) (a) or
(b).
448.04(1)(h)
(h)
Limited permit to practice or assist in the practice of occupational therapy. The board may, upon application, issue a permit for a limited period of time designated by the board to any of the following:
448.04(1)(h)1.
1. A person who presents evidence satisfactory to the board of having met the requirements under
s. 448.05 (5m) (a), to practice occupational therapy in association with an occupational therapist.
448.04(1)(h)2.
2. A person who presents evidence satisfactory to the board of having met the requirements under
s. 448.05 (5m) (b), to assist in the practice of occupational therapy under the supervision of an occupational therapist.
448.04(1)(i)
(i)
Certificate as respiratory care practitioner. The board may certify as a respiratory care practitioner any individual who meets the qualifications for certification under
s. 448.05 (5r) and passes the examination required under
s. 448.05 (6). The board may, by rule, provide for a temporary certificate to practice respiratory care to be granted to any individual who meets the requirements of
s. 448.05 (5r) but has not passed the examination required by
s. 448.05 (6). Temporary certificates may be issued for a period not to exceed one year and may not be renewed.
448.04(2)
(2) Certificate of licensure. Each license granted by the board shall be attested by a certificate of licensure.
448.04(3)
(3) Duplicate. Any person holding a license or certificate granted under this chapter, which is lost, stolen or destroyed, may apply to the board for a duplicate thereof. Such application shall be made in such manner as the board may designate and shall be accompanied by an affidavit setting out the circumstances of loss. The board shall then issue a duplicate bearing on its face the word "duplicate".
448.04 Annotation
Discussion of circumstances under which physical therapist may practice without a referral under (1) (e).
75 Atty. Gen. 217 (1986).
448.05
448.05
Qualification for licensure or certification; examinations; application. 448.05(1)
(1)
General requirements. To be qualified for the grant of any license or certificate by the board, an applicant must:
448.05(1)(b)
(b) Meet the specific requirements as set out in this section for that class of license or certificate for which applying.
448.05(1)(c)
(c) Achieve a passing grade in the examinations required in this section.
448.05(1)(d)
(d) Be found qualified by three-fourths of the members of the board, except that an applicant for a temporary license under
s. 448.04 (1) (b) 1. and
3. and
(d) must be found qualified by 2 members of the board.
448.05(2)
(2) License to practice medicine and surgery. An applicant for any class of license to practice medicine and surgery must supply evidence satisfactory to the board that the applicant is a graduate of and possesses a diploma from a medical or osteopathic college approved by the board and has completed postgraduate training of 12 months in a facility approved by the board. If an applicant is a graduate of a foreign medical school which has not been approved by the board, and if such applicant has had postgraduate training in this country in a 12-month program approved by the board or has had other professional experience which the board deems has given the applicant the education and training substantially equivalent, and if such applicant has passed the examinations given by the educational council for foreign medical graduates or its successors, the board may make such additional inquiry including a personal interview as satisfies it that the applicant has had such education and training. If a majority of the board is so satisfied, the applicant may then be admitted to examination for a license to practice medicine and surgery. If an applicant is a graduate of a foreign medical school not approved by the board, and such foreign medical school requires either social service or internship or both of its graduates, and if such applicant has not completed such requirements but has completed a 12-month supervised clinical training program under the direction of a medical school approved by the board and has complied with all other requirements of this subsection for graduates of foreign medical schools not approved by the board, the applicant may then be admitted to examination for a license to practice medicine and surgery.
448.05(3)
(3) License to practice podiatry. An applicant for any class of license to practice podiatry must supply evidence satisfactory to the board of all of the following:
448.05(3)(a)
(a) That he or she is a graduate of and possesses a diploma conferring the degree of doctor of podiatric medicine, or equivalent degree as determined by the board, from a school of podiatric medicine and surgery approved by the board.
448.05(3)(b)
(b) That he or she has completed 12 months of postgraduate training in a program approved by the board.
448.05(5)
(5) Certificate as a physician assistant. 448.05(5)(a)(a) The board shall promulgate rules establishing certification standards and practice standards for physician assistants and shall certify persons under those rules. The board may not grant a certificate as a physician assistant to an applicant unless the applicant submits evidence satisfactory to the board of all of the following:
448.05(5)(a)1.
1. That the applicant is certified to assist primary care physicians by the national commission on certification of physician assistants.
448.05(5)(a)2.
2. That the applicant has satisfactorily completed a physician assistant training program that is certified under
par. (b).
448.05(5)(b)
(b) The board shall promulgate rules establishing certification standards for physician assistant training programs and shall certify programs under those rules.
448.05(5)(d)
(d) Nothing in this subsection shall be construed as requiring certification under this subsection of other persons who assist physicians.
448.05(5m)
(5m) Certificate to practice occupational therapy. 448.05(5m)(a)(a) An applicant for certification as an occupational therapist shall submit evidence to the board that he or she has done any of the following:
448.05(5m)(a)1.
1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the board and accredited by the accreditation council for occupational therapy education of the American occupational therapy association.
448.05(5m)(a)2.
2. Received certification as an occupational therapist by the American occupational therapy certification board.
448.05(5m)(b)
(b) An applicant for certification as an occupational therapy assistant shall submit evidence to the examining board that he or she has done any of the following:
448.05(5m)(b)1.
1. Successfully completed the academic and supervised internship requirements of an educational program in occupational therapy or other requirements recognized by the board and approved by the American occupational therapy association.
448.05(5m)(b)2.
2. Received certification as an occupational therapy assistant by the American occupational therapy certification board.
448.05(5r)
(5r) Certificate as respiratory care practitioner. An applicant for a certificate or a temporary certificate to practice respiratory care shall submit evidence satisfactory to the board that the applicant is a graduate of a school with a course of instruction in respiratory care approved by the commission on accreditation of allied health education programs of the American medical association.
448.05(6)(a)(a) The board shall examine each applicant it finds eligible under this section in such subject matters as the board deems applicable to the class of license or certificate which the applicant seeks to have granted. Examinations may be both written and oral. In lieu of its own examinations, in whole or in part, the board may make such use as it deems appropriate of examinations prepared, administered, and scored by national examining agencies, or by other licensing jurisdictions of the United States or Canada. The board shall specify passing grades for any and all examinations required.
448.05(6)(b)
(b) The board may require an applicant who fails to appear for or to complete the required examinations to reapply for licensure or certification before being admitted to subsequent examinations.
448.05(6)(c)
(c) An applicant who fails to achieve a passing grade in the required examinations may request reexamination, and may be reexamined not more than twice at not less than 4-month intervals, and shall pay a reexamination fee for each such reexamination. An applicant who fails to achieve a passing grade on the 2nd such reexamination may not be admitted to further examination until the applicant reapplies for licensure or certification and also presents to the board evidence of further professional training or education as the board may deem appropriate.
448.05(7)
(7) Application. Application for any class of license or certificate shall be made as a verified statement in such form and at such time and place as the board may designate, and shall be accompanied by satisfactory evidence setting out the qualifications imposed by this section. Application for any class of license to practice medicine and surgery also shall be accompanied by a verified statement that the applicant is familiar with the state health laws and the rules of the department of health and family services as related to communicable diseases.
448.06
448.06
License, certificate or limited permit granted, denied. 448.06(1)(1)
Grant of license, certificate or limited permit. If three-fourths of the members of the board find that an applicant who has passed the required examinations or who applies under
s. 448.04 (1) (h) is qualified, the board shall so notify the applicant and shall grant the license, certificate or limited permit.
448.06(1m)
(1m) Grant of limited license or certificate. If the board finds, based upon considerations of public health and safety, that the applicant has not demonstrated adequate education, training or performance on examinations or in past practice, if any, to qualify for full licensure or certification under
sub. (1), the board may grant the applicant a limited license or certificate and shall so notify the applicant.
448.06(2)
(2) Denial of license or certificate. The board may deny an application for any class of license or certificate and refuse to grant such license or certificate on the basis of unprofessional conduct on the part of the applicant, failure to possess the education and training required for that class of license or certificate for which application is made, or failure to achieve a passing grade in the required examinations.
448.065
448.065
Permanent license for certain professors. A person who possesses a temporary license under
s. 448.04 (1) (b) 2. and who has practiced under such license for 4 or more years may apply for a license to practice medicine and surgery under
s. 448.04 (1) (a). If the applicant achieves a passing grade in the examination for a license to practice medicine and surgery and three-fourths of the board find that the applicant is qualified, notwithstanding
s. 448.05 (1) (b) and
(2), the board may grant the license. The board may limit the license and, notwithstanding
s. 448.02 (3) (e), may continue such limits indefinitely or may remove the limits when it is satisfied that the reasons for the limits no longer exist, except that the board shall remove any limitations on the geographical areas of this state in which the physician may practice and any limitations on the persons with whom the physician may associate, after a period of 5 years of continuous medical practice within this state by the physician.
448.07(1)(a)(a) Every person licensed or certified under this chapter shall register on or before November 1 of each odd-numbered year following issuance of the license or certificate with the board in such manner as the board shall designate and upon forms the board shall provide. The secretary of the board, on or before October 1 of each odd-numbered year, shall mail or cause to be mailed to every person required to register a registration form. The board shall furnish to each person registered under this section a certificate of registration, and the person shall display the registration certificate conspicuously in the office at all times. No person may exercise the rights or privileges conferred by any license or certificate granted by the board unless currently registered as required under this subsection.
448.07(1)(b)
(b) The board shall maintain the register required by
s. 440.035 (4), which shall be divided according to the activity for which the registrant is licensed or certified. The board shall make copies available for purchase at cost.
448.07(1)(c)
(c) Every registration made as provided in this section shall be presumptive evidence in all courts and other places that the person named therein is legally registered for the period covered by such registration, and shall be deemed to fulfill any statutory requirement for renewal of license or certificate.
448.07(1)(d)
(d) No registration may be permitted by the secretary of the board in the case of any physician, podiatrist, occupational therapist or occupational therapy assistant who has failed to meet the requirements of
s. 448.13 or any person whose license, certificate or limited permit has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the licensee's or permittee's right of appeal. A person whose license, certificate or limited permit has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license, certificate or limited permit, together with an application for registration and the registration fee.
448.07(2)
(2) Fees. The fees for examination and licenses granted or renewed under this chapter are specified in
ss. 440.05 and
440.08.
448.075
448.075
Podiatrists; malpractice liability insurance. 448.075(1)(1) Every licensed podiatrist shall annually submit to the board evidence satisfactory to the board of one of the following:
448.075(1)(a)
(a) That the podiatrist has in effect malpractice liability insurance coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
448.075(1)(b)
(b) That the podiatrist's principal place of practice is not in this state; that the podiatrist will not be engaged in the practice of podiatry in this state for more than 240 hours during the following 12 months; that the podiatrist has in effect malpractice liability insurance coverage that covers services provided by the podiatrist to patients in this state; if the podiatrist is required under the laws of the state in which the board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, that the podiatrist has in effect at least that minimum amount of malpractice liability insurance coverage; and, if the podiatrist is not required under the laws of the state in which the board determines that his or her principal place of practice is located to have in effect a minimum amount of malpractice liability insurance coverage, that the podiatrist has in effect at least the minimum amount of malpractice liability insurance coverage that the board determines is necessary to protect the public. For purposes of this paragraph, a podiatrist's principal place of practice is not in this state if the board determines that, during the following 12 months, any of the following applies:
448.075(1)(b)1.
1. More than 50% of the podiatrist's practice will be performed outside this state.
448.075(1)(b)2.
2. More than 50% of the income from the podiatrist's practice will be derived from outside this state.
448.075(1)(b)3.
3. More than 50% of the podiatrist's patients will be treated by the podiatrist outside this state.
448.075(2)
(2) The board may suspend, revoke or refuse to issue or renew the license of a podiatrist who fails to procure or to submit proof of the malpractice liability insurance coverage required under
sub. (1).
