448.02 AnnotationThe 90-day direction in sub. (3) (b) for rendering a decision is mandatory.
72 Atty. Gen. 147.
448.02 Annotation
The medical examining board does not deny due process by both investigating and adjudicating a charge of professional misconduct. Withrow v. Larkin,
421 U.S. 35.
448.03
448.03
License or certificate required to practice; use of titles; civil immunity; practice of Christian Science. 448.03(1)(a)(a) No person may practice medicine and surgery, or attempt to do so or make a representation as authorized to do so, without a license to practice medicine and surgery granted by the board.
448.03(1)(b)
(b) No person may practice as a physician assistant unless he or she is licensed by the board as a physician assistant.
448.03(1)(c)
(c) No person may practice perfusion, attempt to do so, or make a representation as authorized to do so, without a license to practice perfusion 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 subchapter shall be construed either to prohibit, or to require, a license or certificate under this subchapter 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 or perfusionist 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, respiratory care student, perfusion 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 perfusionists or certified respiratory care practitioners of other states or countries with licensed physicians or perfusionists or certified respiratory care practitioners of this state.
448.03(2)(e)
(e) Any person other than a physician assistant who is providing patient services as directed, supervised and inspected by a physician 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(2)(k)
(k) Any persons, other than physician assistants or perfusionists, who assist physicians.
448.03(2)(L)
(L) A person performing autotransfusion or blood conservation techniques under the direction and supervision of a licensed physician.
448.03(2)(m)
(m) A person practicing perfusion for not more than 30 days in a year, if the person is certified or eligible to be certified as a clinical perfusionist by the American Board of Cardiovascular Perfusion.
448.03(2)(n)
(n) A person employed as a perfusionist by a federal agency, as defined in
s. 59.57 (2) (c) 1., if the person provides perfusion services solely under the direction or control of the federal agency by which he or she is employed.
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)(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 he or she is licensed as a physician assistant by the board.
448.03(3)(f)
(f) A person who is not licensed to practice perfusion by the board may not designate himself or herself as a perfusionist, use or assume the title "licensed perfusionist" or the abbreviation "L.P.," or use any other title, letters, or designation that represents or may tend to represent the person as a perfusionist. This paragraph does not apply to any of the following:
448.03(3)(f)1.
1. Any person employed as a perfusionist by a federal agency, as defined in
s. 59.57 (2) (c) 1., if the person provides perfusion services 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 leading to a degree or certificate in perfusion under an accredited or approved educational program, if the person is designated by a title that clearly indicates his or her status as a student or trainee.
448.03(3)(f)3.
3. Any person practicing perfusion under a temporary license issued under
s. 448.04 (1) (e), if the person is designated by a title that clearly indicates that he or she is practicing under a temporary license.
448.03(5)
(5) Civil liability; certain medical procedures and reports. 448.03(5)(a)(a) No person licensed or certified under this subchapter 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(5)(c)
(c) A physician who in good faith provides the board with information concerning an allegation that another physician has engaged in unprofessional conduct or acted negligently in treating a patient is immune from liability for any damage that results from any act or omission in providing the information and may not be disciplined by the board for providing the information. In any administrative or court proceeding, the good faith of a physician who provides such information shall be presumed.
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 is discussed.
75 Atty. Gen. 200.
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 Cross-reference
Cross Reference: See also ch.
Med 2, Wis. adm. code.
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 Cross-reference
Cross Reference: See also ch.
Med 3, Wis. adm. code.
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 Cross-reference
Cross Reference: See also ch.
Med 4, Wis. adm. code.
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 subchapter. 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 subchapter 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 Cross-reference
Cross Reference: See also ch.
Med 5, Wis. adm. code.
448.04(1)(d)
(d)
License to practice perfusion. A person holding a license to practice perfusion may practice perfusion under the orders and supervision of a physician.
448.04(1)(e)
(e)
Temporary license to practice perfusion. The board may, by rule, provide for a temporary license to practice perfusion for a person who satisfies the requirements of
s. 448.05 (3) but who has not passed an examination under
s. 448.05 (6). The board may issue a temporary license for a period not to exceed one year and may renew a temporary license annually for not more than 5 years. A person who holds a temporary license may not practice perfusion unless the person is under the supervision and direction of a licensed perfusionist at all times while the person is performing perfusion. The board may promulgate rules governing supervision by licensed perfusionists, except that those rules may not require the immediate physical presence of the supervising, licensed perfusionist.
448.04(1)(f)
(f)
Physician assistant license. The board shall license as a physician assistant an individual who meets the requirements for licensure under
s. 448.05 (5). The board may, by rule, provide for various classes of temporary licenses to practice as physician assistants.
448.04 Cross-reference
Cross Reference: See also ch.
Med 8, Wis. adm. code.
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 Cross-reference
Cross Reference: See also ch.
Med 20, Wis. adm. code.
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 subchapter, 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
(e) 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 perfusion. An applicant for a license to practice perfusion must supply evidence satisfactory to the board that he or she has successfully completed an educational program in perfusion recognized by the board and accredited by the Accreditation Committee for Perfusion Education of the Commission on Accreditation of Allied Health Education Programs or its successor.
448.05(5)(a)(a) The board shall promulgate rules establishing licensing standards and practice standards for physician assistants and shall license persons under those rules. The board may not grant a license 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 has passed the certifying examination administered 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 accredited by the American Medical Association's Committee on Allied Health Education and Accreditation or its successor.
448.05 Cross-reference
Cross Reference: See also ch.
Med 8, Wis. adm. code.
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 Cross-reference
Cross Reference: See also ch.
Med 20, Wis. adm. code.
448.05(6)(a)(a) Except as provided in
par. (am), 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)(am)
(am) When examining an applicant for a license to practice perfusion under
par. (a), the board shall use an examination at least as stringent and comprehensive as the certification examination used by the American Board of Cardiovascular Perfusion or its successor.
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 a form provided by the department 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.
448.05 Cross-reference
Cross Reference: See also ch.
Med 1,
2,
3, and
4, Wis. adm. code.
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 is qualified, the board shall so notify the applicant and shall grant the license, certificate or limited permit.
