448.20(1)(1)
Recommend licensing and practice standards. The council on physician assistants shall develop and recommend to the examining board licensing and practice standards for physician assistants. In developing the standards, the council shall consider the following factors: an individual's training, wherever given; experience, however acquired, including experience obtained in a hospital, a physician's office, the armed services or the federal health service of the United States, or their equivalent as found by the examining board; and education, including that offered by a medical school and the technical college system board.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 2-1-99 by
1997 Wis. Act 67. Prior to 2-1-99 it reads:
Effective date text
(1) Recommend certification and practice standards. Within 3 months after the selection of all its initial members, the council on physician assistants shall develop and recommend to the examining board certification and practice standards for physician assistants. In developing the standards, the council shall consider the following factors: an individual's training, wherever given; experience, however acquired, including experience obtained in a hospital, a physician's office, the armed services or the federal health service of the United States, or their equivalent as found by the examining board; and education, including that offered by a medical school and the technical college system board.
448.20(2)
(2) Advise board of regents. The council shall advise and cooperate with the board of regents of the university of Wisconsin system in establishing an educational program for physician assistants on the undergraduate level. The council shall suggest criteria for admission requirements, program goals and objectives, curriculum requirements, and criteria for credit for past educational experience or training in health fields.
448.20(3)
(3) Advise board. The council shall advise the board on:
448.20(3)(a)
(a) Revising physician assistant licensing and practice standards and on matters pertaining to the education, training and licensing of physician assistants.
Effective date note
NOTE: Par. (a) is shown as amended eff. 2-1-99 by
1997 Wis. Act 67. Prior to 2-1-99 it reads:
Effective date text
(a) Revising physician assistant certification and practice standards and on matters pertaining to the education, training and certification of physician assistants.
448.20(3)(b)
(b) Developing criteria for physician assistant training program approval, giving consideration to and encouraging utilization of equivalency and proficiency testing and other mechanisms whereby full credit is given to trainees for past education and experience in health fields.
448.20(4)
(4) Adhere to program objectives. In formulating standards under this section, the council shall recognize that an objective of this program is to increase the existing pool of health personnel.
448.21
448.21
Physician assistants. 448.21(1)
(1)
Prohibited practices. No physician assistant may provide medical care, except routine screening, in:
Effective date note
NOTE: Sub. (1) (intro.) is shown as amended eff. 2-1-99 by
1997 Wis. Act 67. Prior to 2-1-99 it reads:
Effective date text
(1) Prohibited practices. No physician assistant may perform patient services, except routine screening, in:
448.21(1)(a)
(a) The practice of dentistry or dental hygiene within the meaning of
ch. 447.
448.21(1)(c)
(c) The practice of chiropractic within the meaning of
ch. 446.
448.21(1)(e)
(e) The practice of acupuncture within the meaning of
ch. 451.
448.21(2)
(2) Employe status. No physician assistant may be self-employed. The employer of a physician assistant shall assume legal responsibility for any medical care provided by the physician assistant during the employment. The employer of a physician assistant, if other than a licensed physician, shall provide for and not interfere with supervision of the physician assistant by a licensed physician.
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) Employe status. No physician assistant may be self-employed. The employer of a physician assistant shall assume legal responsibility for any patient care undertaken by the physician assistant during the employment. The employer of a physician assistant, if other than a licensed physician, shall provide for and not interfere with supervision of the physician assistant by a licensed physician.
448.21(3)
(3) Prescriptive authority. A physician assistant may issue a prescription order for a drug or device in accordance with guidelines established by a supervising physician and the physician assistant and with rules promulgated by the board. If any conflict exists between the guidelines and the rules, the rules shall control.
448.30
448.30
Information on alternate modes of treatment. Any physician who treats a patient shall inform the patient about the availability of all alternate, viable medical modes of treatment and about the benefits and risks of these treatments. The physician's duty to inform the patient under this section does not require disclosure of:
448.30(1)
(1) Information beyond what a reasonably well-qualified physician in a similar medical classification would know.
448.30(2)
(2) Detailed technical information that in all probability a patient would not understand.
448.30(3)
(3) Risks apparent or known to the patient.
448.30(4)
(4) Extremely remote possibilities that might falsely or detrimentally alarm the patient.
448.30(5)
(5) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.
448.30(6)
(6) Information in cases where the patient is incapable of consenting.
448.30 History
History: 1981 c. 375.
448.30 Annotation
A one to three in 100 chance of a condition's existence is not an "extremely remote possibility" under sub. (4) where very serious consequences could result if the condition were present. Martin v. Richards, 192 W (2d) 156, 531 NW (2d) 70 (1995).
448.30 Annotation
A doctor has a duty under this section do advise of alternative modes of diagnosis as well as of alternative modes of treatment for diagnosed conditions. Martin v. Richards, 192 W (2d) 156, 531 NW (2d) 70 (1995).
448.30 Annotation
What constitutes informed consent emanates from what a reasonable person in the patient's position would want to know. What a physician must disclose is contingent on what a reasonable person would need to know to make an informed decision. When different physicians have substantially different success rates with a procedure and a reasonable person would consider that information material, a court may admit statistical evidence of the relative risk. Johnson v. Kokemoor, 199 W (2d) 615, 545 NW (2d) 495 (1996).
448.30 Annotation
A hospital does not have the duty to ensure that a patient has given informed consent to a procedure performed by an independent physician. Mathias v. St. Catherine's Hospital, Inc. 212 W (2d) 540, 569 NW (2d) 330 (Ct. App. 1997).
448.30 Annotation
It is basic to the informed consent doctrine that a physician has a legal, ethical and moral duty to respect patient autonomy and to provide only authorized treatment. A doctor's refusal to comply with a patient's request for a cesarean section made during her labor violated the duty. Schreiber v. Physicians Insurance Co. 217 W (2d) 94, 579 NW (2d) 730 (Ct. App. 1998).
448.30 Annotation
Generally there can be no patient contributory negligence in an informed consent case. The statute does not place an affirmative duty to question or investigate on the patient. Brown v. Dibbell, 220 W (2d) 200, 582 NW (2d) 134 (Ct. App. 1998).
448.30 Annotation
The doctrine of informed consent is limited to apprising the patient of risks that inhere to proposed treatments. It does not impose a duty to apprise a patient of any knowledge the doctor may have regarding the condition of the patient or of all possible methods of diagnosis. McGeshick v. Choucair 9 F (3d) 1229 (1993).
448.40(1)(1) The board may promulgate rules to carry out the purposes of this subchapter.
448.40(2)
(2) The board shall promulgate all of the following rules:
448.40(2)(b)
(b) Establishing standards for acceptable examination performance by an applicant for certification as an occupational therapist or occupational therapy assistant.
448.40(2)(c)
(c) Establishing continuing education requirements for certificate renewal for an occupational therapist or occupational therapy assistant under
s. 448.13 (2).
448.40(2)(d)
(d) Establishing standards of practice for occupational therapy, including criteria for referral.
448.40(2)(e)
(e) Establishing the criteria for the substitution of uncompensated hours of professional assistance volunteered to the department of health and family services for some or all of the hours of continuing education credits required under
s. 448.13 (1) (a) for physicians specializing in psychiatry. The eligible substitution hours shall involve professional evaluation of community programs for the certification and recertification of community mental health programs, as defined in
s. 51.01 (3n), by the department of health and family services.
448.40(2)(f)
(f) Establishing requirements for prescription orders issued by physician assistants under
s. 448.21 (3).
448.40 Note
NOTE: Par. (g) was created as par. (f) by
1997 Wis. Act 311 and renumbered by the revisor under s. 13.93 (1) (b).
PHYSICAL THERAPISTS AFFILIATED
CREDENTIALING BOARD
448.50
448.50
Definitions. In this subchapter:
448.50(1)
(1) "Affiliated credentialing board" means the physical therapists affiliated credentialing board.
448.50(2)
(2) "Licensee" means a person who is licensed under this subchapter.
448.50(3)
(3) "Physical therapist" means an individual who has been graduated from a school of physical therapy and holds a license to practice physical therapy granted by the affiliated credentialing board.
448.50(4)
(4) "Physical therapy" means that branch or system of treating the sick which is limited to therapeutic exercises with or without assistive devices, and physical measures including heat and cold, air, water, light, sound, electricity and massage; and physical testing and evaluation. The use of roentgen rays and radium for any purpose, and the use of electricity for surgical purposes including cauterization, are not part of physical therapy.
448.50 History
History: 1993 a. 107.
448.51
448.51
License required. 448.51(1)(1) Except as provided in
s. 448.52, no person may practice physical therapy or designate himself or herself as a physical therapist or use or assume the title "physical therapist" or "physiotherapist" or "physical therapy technician" or append to the person's name the letters "P.T.", "P.T.T." or "R.P.T." or any other title, letters or designation which represents or may tend to represent the person as a physical therapist unless the person is licensed under this subchapter.
448.51(2)(a)(a) In this subsection, "advertisement" includes advertisements that appear on outdoor signs, in print or electronic media, and in material mailed to a person other than a patient or prospective patient who has requested the material.
448.51(2)(b)
(b) Except as provided in
par. (c), no person may claim to render physical therapy or physiotherapy services unless the person is licensed under this subchapter.
448.51(2)(c)
(c) A chiropractor licensed under
ch. 446 may claim to render physical therapy or physiotherapy services only as follows:
448.51(2)(c)2.a.
a. If, anytime before October 17, 1995, the chiropractor claimed in an advertisement to render physical therapy or physiotherapy services, the chiropractor may continue to claim to render physical therapy or physiotherapy services in an advertisement until the rules promulgated under
ss. 446.02 (10) and
448.525 take effect.
448.51(2)(c)2.b.
b. The chiropractor may claim to render physical therapy or physiotherapy services in private communications with an individual who is a patient or prospective patient until the rules promulgated under
ss. 446.02 (10) and
448.525 take effect. This
subd. 2. b. also applies to an employe or agent of the chiropractor who claims that the chiropractor renders physical therapy or physiotherapy services.
448.51 History
History: 1993 a. 107;
1995 a. 166.
448.52
448.52
Applicability. This subchapter does not require a license under this subchapter for any of the following, if the person does not claim to render physical therapy or physiotherapy services as prohibited under
s. 448.51 (2) (b):
448.52(1)
(1) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.
448.52(2)
(2) Any person assisting a physical therapist in practice under the direct, on-premises supervision of the physical therapist.
448.52(3)
(3) A physical therapist assistant assisting a physical therapist in practice under the general supervision of the physical therapist. In this subsection, "physical therapist assistant" means an individual who has graduated from a physical therapist assistant associate degree program approved by the American physical therapy association. The affiliated credentialing board shall promulgate rules defining "general supervision" for purposes of this subsection.
448.52(4)
(4) A physical therapy student practicing physical therapy within the scope of the student's education or training.
448.52(5)
(5) A physical therapist who is licensed to practice physical therapy in another state or country and is providing a consultation or demonstration with a physical therapist who is licensed under this subchapter.
448.52 History
History: 1993 a. 107 ss.
51,
52,
59;
1995 a. 166.
448.525
448.525
Rules concerning claims to render physical therapy or physiotherapy services. 448.525(1)
(1) The affiliated credentialing board and the chiropractic examining board acting under
s. 446.02 (10) shall jointly promulgate rules that establish the circumstances under which and the extent to which a chiropractor licensed under
ch. 446 may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic.
448.525(2)
(2) The affiliated credentialing board may promulgate rules relating to the circumstances under which and the extent to which a chiropractor licensed under
ch. 446 may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic only as provided under
sub. (1).
448.525 History
History: 1995 a. 166;
1997 a. 35.
448.53
448.53
Licensure of physical therapists. 448.53(1)
(1) The affiliated credentialing board shall grant a license as a physical therapist to a person who does all of the following:
448.53(1)(a)
(a) Submits an application for the license to the department on a form provided by the department.
448.53(1)(c)
(c) Subject to
ss. 111.321,
111.322 and
111.335, submits evidence satisfactory to the affiliated credentialing board that the applicant does not have an arrest or conviction record.
