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 employee 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.
448.53(1)(d)
(d) Submits evidence satisfactory to the affiliated credentialing board that the applicant is a graduate of a school of physical therapy approved by the affiliated credentialing board, unless the affiliated credentialing board waives this requirement under
sub. (3).
448.53(2)
(2) The affiliated credentialing board may promulgate rules providing for various classes of temporary licenses to practice physical therapy.
448.53(3)
(3) The affiliated credentialing board may waive the requirement under
sub. (1) (d) for an applicant who establishes, to the satisfaction of the affiliated credentialing board, all of the following:
448.53(3)(a)
(a) That he or she is a graduate of a physical therapy school.
448.53(3)(b)
(b) That he or she is licensed as a physical therapist by another licensing jurisdiction in the United States.
448.53(3)(c)
(c) That the jurisdiction in which he or she is licensed required the licensee to be a graduate of a school approved by the licensing jurisdiction or of a school that the licensing jurisdiction evaluated for education equivalency.
448.53(3)(d)
(d) That he or she has actively practiced physical therapy, under the license issued by the other licensing jurisdiction in the United States, for at least 3 years immediately preceding the date of his or her application.
448.53 History
History: 1993 a. 107.
448.54(1)(1) The affiliated credentialing board shall conduct or arrange for examinations for physical therapist licensure at least semiannually and at times and places determined by the affiliated credentialing board.
448.54(2)
(2) Except as provided in
sub. (3), examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to the practice of physical therapy.
448.54(3)
(3) The affiliated credentialing board may not require an applicant to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a physical therapy school that is not in the United States if the applicant establishes, to the satisfaction of the affiliated credentialing board, that he or she satisfies the requirements under
s. 448.53 (3).
448.54 History
History: 1993 a. 107.
448.55
448.55
Issuance of license; expiration and renewal. 448.55(1)(1) The department shall issue a certificate of licensure to each person who is licensed under this subchapter.
448.55(2)
(2) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under rules promulgated under
s. 448.53 (2), 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).
448.55 History
History: 1993 a. 107.
448.56
448.56
Practice requirements. 448.56(1)
(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 disabilities, as defined in
s. 115.76 (5), 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.
448.57
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.
PODIATRISTS AFFILIATED CREDENTIALING BOARD
448.60
448.60
Definitions. In this subchapter:
448.60(1)
(1) "Affiliated credentialing board" means the podiatrists affiliated credentialing board.
448.60(2)
(2) "Licensee" means a person who is licensed under this subchapter.
448.60(3)
(3) "Podiatrist" means an individual possessing the degree of doctor of podiatric medicine or doctor of surgical chiropody or equivalent degree as determined by the affiliated credentialing board, and holding a license to practice podiatry or podiatric medicine and surgery granted by the affiliated credentialing board.
448.60(4)
(4) "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 under
subch. II. 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.
448.60(5)
(5) "Unprofessional conduct" means an act or attempted act of commission or omission, as defined by the affiliated credentialing board by rule under
s. 448.695 (1), or an act by a podiatrist in violation of
ch. 450 or
961.
448.60 History
History: 1997 a. 175 ss.
21,
22,
69.
448.61
448.61
License required. Except as provided in
s. 448.62, no person may practice podiatry, designate himself or herself as a podiatrist, use or assume the title "doctor of surgical chiropody", "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.", "foot doctor", "foot specialist" or any other title, letters or designation which represents or may tend to represent the person as a podiatrist unless the person is licensed under this subchapter.
448.61 History
History: 1997 a. 175.
448.62
448.62
Applicability. This subchapter does not require a license for any of the following:
448.62(1)
(1) A person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.
448.62(2)
(2) A person assisting a podiatrist in practice under the direct, on-premises supervision of the podiatrist.
448.62(3)
(3) A podiatry student engaged in activities required for his or her education or training.
448.62(4)
(4) A podiatrist who is licensed to practice podiatry in another state or country and is providing a consultation or demonstration with a podiatrist who is licensed under this subchapter.
448.62(5)
(5) A person performing the gratuitous domestic administration of family remedies.
448.62(6)
(6) A person furnishing medical assistance or first aid at the scene of an emergency.
448.62 History
History: 1997 a. 175.
448.63
448.63
Licensure of podiatrists. 448.63(1)
(1) Subject to
sub. (4), the affiliated credentialing board shall grant a license as a podiatrist to a person who does all of the following:
448.63(1)(a)
(a) Submits an application for the license to the department on a form provided by the department.
448.63(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.
448.63(1)(d)
(d) Submits evidence satisfactory to the affiliated credentialing board of all of the following:
448.63(1)(d)1.
1. That the applicant is a graduate of a school of podiatric medicine and surgery approved by the affiliated credentialing board and possesses a diploma from such school conferring the degree of doctor of podiatric medicine, or equivalent degree as determined by the affiliated credentialing board, unless the affiliated credentialing board waives these requirements under
sub. (2).
448.63(1)(d)2.
2. That the applicant has completed 12 months of postgraduate training in a program approved by the affiliated credentialing board.
448.63(2)
(2) The affiliated credentialing board may waive the requirement under
sub. (1) (d) 1. for an applicant who establishes, to the satisfaction of the affiliated credentialing board, all of the following:
448.63(2)(a)
(a) That he or she is a graduate of a podiatry school.
448.63(2)(b)
(b) That he or she is licensed as a podiatrist by another licensing jurisdiction in the United States.
