Effective date note
NOTE: Sub. (1) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or podiatrist. Written referral is not required if a physical therapist provides services in schools to children with exceptional educational needs pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or podiatrist who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.
448.56(2)
(2) Fee splitting. No licensee may give or receive, directly or indirectly, to or from any other person any fee, commission, rebate or other form of compensation or anything of value for sending, referring or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally by the licensee or at the licensee's direction.
448.56(3)
(3) Billing by professional partnerships and corporations. If 2 or more physical therapists have entered into a bona fide partnership or have formed a service corporation for the practice of physical therapy, the partnership or corporation may not render a single bill for physical therapy services provided in the name of the partnership or corporation unless each physical therapist who provided services that are identified on the bill is identified on the bill as having rendered those services.
448.56 History
History: 1993 a. 107 ss.
54,
59;
1995 a. 27 s.
9145 (1).
448.57
448.57
Disciplinary proceedings and actions. 448.57(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
448.57(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or may deny, limit, suspend or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:
448.57(2)(a)
(a) Made a material misstatement in an application for a license or for renewal of a license.
448.57(2)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the practice of physical therapy.
448.57(2)(c)
(c) Advertised in a manner that is false, deceptive or misleading.
448.57(2)(d)
(d) Advertised, practiced or attempted to practice under another's name.
448.57(2)(e)
(e) Subject to
ss. 111.321,
111.322 and
111.34, practiced physical therapy while the applicant's or licensee's ability to practice was impaired by alcohol or other drugs.
448.57(2)(f)
(f) Engaged in unprofessional or unethical conduct.
448.57(2)(g)
(g) Engaged in conduct while practicing physical therapy which evidences a lack of knowledge or ability to apply professional principles or skills.
448.57(2)(h)
(h) Violated this subchapter or any rule promulgated under this subchapter.
448.57 History
History: 1993 a. 107.
448.58
448.58
Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing board, the department, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.
448.58 History
History: 1993 a. 107.
448.59
448.59
Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
448.59 History
History: 1993 a. 107.
DIETITIANS AFFILIATED CREDENTIALING BOARD
448.70
448.70
Definitions. In this subchapter:
448.70(1)
(1) "Affiliated credentialing board" means the dietitians affiliated credentialing board.
448.70(1m)
(1m) "Certified dietitian" means an individual who is certified as a dietitian under this subchapter.
448.70(2)
(2) "Dietetics" means the integration and application of principles of nutritional science, biochemistry, food science, physiology, food systems management, behavioral science and social science in order to achieve or maintain the health of an individual or group of individuals. "Dietetics" includes assessing the nutritional needs of an individual or group of individuals and determining available resources and constraints in meeting those nutritional needs; establishing priorities, goals and objectives that meet those nutritional needs and are consistent with available resources and constraints; providing nutrition counseling; or developing, implementing and managing nutritional care systems.
448.70(3)
(3) "Dietitian" means an individual who practices dietetics.
448.70 History
History: 1993 a. 443.
448.72(1)(1) This subchapter does not do any of the following:
448.72(1)(a)
(a) Require a certificate under this subchapter for any of the following:
448.72(1)(a)1.
1. A person who is lawfully practicing within the scope of a license, permit or certificate of certification or registration granted under
chs. 441,
446 to
451 or
456, or who is lawfully practicing in any other health care profession that is regulated by state law.
448.72(1)(a)2.
2. A person to whom a practice or procedure is delegated by a person under
subd. 1.
448.72(1)(a)3.
3. A person pursuing a supervised course of study, including internships, leading to a degree or certificate in dietetics from an accredited educational program or an educational program approved by the affiliated credentialing board.
448.72(1)(a)4.
4. A dietetic technician or assistant who is working under the supervision of a certified dietitian.
448.72(1)(a)5.
5. A dietitian who is serving in the U.S. armed forces, as defined in
s. 40.02 (57m), or in the commissioned corps of the federal public health service or is employed by the U.S. veterans administration, and who is engaged in the practice of dietetics as part of that service or employment.
448.72(1)(a)6.
6. A person who markets or distributes food, food materials or dietary or food supplements, who explains the use, benefits or preparation of food, food materials or dietary or food supplements, who furnishes nutritional information on food, food materials or dietary or food supplements, or who disseminates nutritional information or literature, if the person does not use the title "dietitian" or "certified dietitian" and the person complies with applicable federal, state and local laws.
448.72(1)(b)
(b) Prohibit a dietetic student described in
par. (a) 3. from using the title "dietitian student" or any other title, letters or designation that clearly indicates his or her status as a student or trainee.
448.72(1)(c)
(c) Prohibit an individual described in
par. (a) 5. from using the title "dietitian" or any letters or designation that represents or may tend to represent the individual as a dietitian, if the title, letters or designation is used only in the course of the individual's service or employment.
448.72(1)(d)
(d) Prohibit an individual who is registered as a dietitian with the commission on dietetic registration of the American dietetic association from using the title "dietitian" or "registered dietitian".
448.72(1)(e)
(e) Prohibit an individual who is registered as a dietetic technician with the commission on dietetic registration of the American dietetic association from using the title "dietetic technician" or "dietetic technician registered".
448.72(1)(f)
(f) Prohibit an individual from using the title "dietitian", "licensed dietitian" or "certified dietitian" if the person is licensed or certified as a dietitian under the laws of another state which has licensure or certification requirements that the affiliated credentialing board determines to be substantially equivalent to the requirements under
s. 448.78.
448.72(2)
(2) This subchapter does not apply after June 30, 1999.
448.72 History
History: 1993 a. 443.
448.74
448.74
Duties of affiliated credentialing board. The affiliated credentialing board shall promulgate rules that do all of the following:
448.74(1)
(1) Establish criteria for the approval of educational programs and training under
s. 448.78 (3) and
(4).
448.74(2)
(2) Establish a code of ethics to govern the professional conduct of certified dietitians.
448.74 History
History: 1993 a. 443.
448.76
448.76
Use of titles. Except as provided in
s. 448.72 (1) (a) 5. and
(b) to
(f), a person who is not a certified dietitian may not designate himself or herself as a dietitian, claim to provide dietetic services or use any title or initials that represent or may tend to represent the person as certified or licensed as a dietitian or as certified or licensed in a nutrition-related field.
448.76 History
History: 1993 a. 443.
448.78
448.78
Certification of dietitians. The affiliated credentialing board shall grant a certificate as a dietitian to an individual who does all of the following:
448.78(1)
(1) Submits an application for the certificate to the department on a form provided by the department.
448.78(3)
(3) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:
448.78(3)(a)
(a) Received a bachelor's, master's or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a program at a college or university that is regionally accredited, as determined by the affiliated credentialing board, and that is located in a state or territory of the United States.
448.78(3)(b)
(b) Received a bachelor's, master's or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board determines that the program is substantially equivalent to a program under
par. (a).
448.78(3)(c)
(c) Received a degree from or otherwise successfully completed a program in human nutrition, nutrition education, food and nutrition, dietetics or food systems management that is approved by the affiliated credentialing board.
448.78(4)
(4) Submits evidence satisfactory to the affiliated credentialing board that he or she has completed at least 900 hours of dietetics practice in any state or territory of the United States under the supervision of any of the following:
448.78(4)(b)
(b) An individual who is registered as a dietitian with the commission on dietetic registration of the American dietetic association.
448.78(4)(c)
(c) An individual who received a doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from any of the following:
448.78(4)(c)1.
1. A program at a college or university that is regionally accredited, as determined by the affiliated credentialing board, and that is located in a state or territory of the United States.
448.78(4)(c)2.
2. A program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board determines that the program is substantially equivalent to a program under
subd. 1.
448.78(5)
(5) Passes the registration examination for dietitians established by the commission on dietetic registration of the American dietetic association, or passes an equivalent examination approved by the affiliated credentialing board, and held under
s. 448.84, to determine fitness to practice dietetics.
448.78 History
History: 1993 a. 443.
448.80
448.80
Temporary certificate. Upon application and payment of the fee specified in
s. 440.05 (6), the affiliated credentialing board may grant a temporary dietitian certificate to an individual who satisfies the requirements under
s. 448.78 (1) to
(4) and has submitted an application to take the next available examination under
s. 448.84. A temporary certificate granted under this section is valid for a period designated by the affiliated credentialing board, not to exceed 9 months, and may be renewed once by the affiliated credentialing board.
448.80 History
History: 1993 a. 443.
448.82
448.82
Reciprocal certificate. Upon application and payment of the fee specified in
s. 440.05 (2), the affiliated credentialing board shall grant a dietitian certificate to an individual who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate in the other state or territory are substantially equivalent to the requirements under
s. 448.78.
448.82 History
History: 1993 a. 443.
448.84(1)(1) The affiliated credentialing board shall conduct or arrange for examinations for dietitian certification at least semiannually and at times and places determined by the affiliated credentialing board, and shall provide public notice of each examination at least 90 days before the date of the examination.
448.84(2)
(2) Examinations held under
sub. (1) shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of dietetics.
448.84 History
History: 1993 a. 443.
448.86
448.86
Issuance of certificate; expiration and renewal. 448.86(1)(1) The department shall issue a certificate to each individual who is certified under this chapter.
448.86(2)
(2) The renewal dates for certificates granted under this subchapter, other than temporary certificates granted under
s. 448.80, are specified under
s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in
s. 440.08 (2) (a).
448.86 History
History: 1993 a. 443.
448.90
448.90
Disciplinary proceedings and actions. 448.90(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
448.90(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing board may reprimand a certified dietitian or deny, limit, suspend or revoke a certificate granted under this subchapter if it finds that the applicant or certified dietitian has done any of the following:
448.90(2)(a)
(a) Made a material misstatement in an application for a certificate or for renewal of a certificate.
448.90(2)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the practice of dietetics.
448.90(2)(c)
(c) Advertised in a manner that is false, deceptive or misleading.
448.90(2)(d)
(d) Advertised, practiced or attempted to practice under another's name.
448.90(2)(f)
(f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under
s. 448.74 (2).
448.90(2)(g)
(g) Engaged in conduct while practicing dietetics which evidences a lack of knowledge or ability to apply professional principles or skills.
448.90(2)(h)
(h) Violated this subchapter or any rule promulgated under this subchapter.
