448.535 History
History: 2001 a. 70;
2009 a. 149.
448.54(1)(1) The examining board shall conduct or arrange for examinations for physical therapist and physical therapist assistant licensure at least semiannually and at times and places determined by the examining board.
448.54(2)(a)(a) Except as provided in
sub. (3), examinations for physical therapist licensure 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(2)(b)
(b) Examinations for physical therapist assistant licensure shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in the technical application of physical therapy services.
448.54(3)
(3) Notwithstanding
s. 448.53 (1) (f), the examining board may not require an applicant for physical therapist licensure 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 examining board, that he or she satisfies the requirements under
s. 448.53 (3).
448.54 Cross-reference
Cross-reference: See also ch.
PT 2, Wis. adm. code.
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 determined by the department under
s. 440.03 (9) (a) and proof of compliance with the requirements established in any rules promulgated under
sub. (3).
448.55(3)
(3) The examining board shall promulgate rules that require an applicant for renewal of a license to demonstrate continued competence as a physical therapist or physical therapist assistant.
448.55 Cross-reference
Cross-reference: See also chs.
PT 8 and
9, Wis. adm. code.
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, podiatrist, or advanced practice nurse prescriber certified under
s. 441.16 (2). 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, podiatrist, or advanced practice nurse prescriber certified under
s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.
448.56(1m)(a)(a) A physical therapist shall refer a patient to an appropriate health care practitioner if the physical therapist has reasonable cause to believe that symptoms or conditions are present that require services beyond the scope of the practice of physical therapy.
448.56(1m)(b)
(b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber makes a written referral under
sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.
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(4)
(4) Responsibility. A physical therapist is responsible for managing all aspects of the physical therapy care of each patient under his or her care.
448.56(5)
(5) Patient records. A physical therapist shall create and maintain a patient record for every patient the physical therapist examines or treats.
448.56(6)
(6) Physical therapist assistants. A physical therapist assistant may assist a physical therapist in the practice of physical therapy if the physical therapist provides direct or general supervision of the physical therapist assistant. The examining board shall promulgate rules defining "direct or general supervision" for purposes of this subsection. Nothing in this subsection interferes with delegation authority under any other provision of this chapter.
448.56 Cross-reference
Cross-reference: See also ch.
PT 6, Wis. adm. code.
448.565
448.565
Complaints. The examining board shall promulgate rules establishing procedures and requirements for filing complaints against licensees and shall publicize the procedures and requirements.
448.565 History
History: 2001 a. 70;
2009 a. 149.
448.567
448.567
Performance audits. The examining board shall promulgate rules that require the examining board on a periodic basis to conduct performance self-audits of its activities under this subchapter.
448.567 History
History: 2001 a. 70;
2009 a. 149.
448.57
448.57
Disciplinary proceedings and actions. 448.57(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the examining 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 examining 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)(am)
(am) Interfered with an investigation or disciplinary proceeding by using threats, harassment, or intentional misrepresentation of facts.
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 or assisting in the practice of physical therapy.
448.57(2)(bm)
(bm) Been adjudicated mentally incompetent by a court.
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 or assisted in the practice of physical therapy while the applicant's or licensee's ability to practice or assist was impaired by alcohol or other drugs.
448.57(2)(f)
(f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under
s. 448.527.
448.57(2)(g)
(g) Engaged in conduct while practicing or assisting in the practice of 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(3)(a)(a) A licensee may voluntarily surrender his or her license to the examining board, which may refuse to accept the surrender if the examining board has received allegations of unprofessional conduct against the licensee. The examining board may negotiate stipulations in consideration for accepting the surrender of licenses.
448.57(3)(b)
(b) The examining board may restore a license that has been voluntarily surrendered under
par. (a) on such terms and conditions as it considers appropriate.
448.57(4)
(4) The examining board shall prepare and disseminate to the public an annual report that describes final disciplinary action taken against licensees during the preceding year.
448.57(5)
(5) The examining board may report final disciplinary action taken against a licensee to any national database that includes information about disciplinary action taken against health care professionals.
448.57 Cross-reference
Cross-reference: See also ch.
PT 7, Wis. adm. code.
448.58
448.58
Injunctive relief. If the examining board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the examining 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;
2009 a. 149.
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.
PODIATRY AFFILIATED CREDENTIALING BOARD
Subch. IV of ch. 448 Cross-reference
Cross-reference: See also
Pod, Wis. adm. code.
448.60
448.60
Definitions. In this subchapter:
448.60(1)
(1) "Affiliated credentialing board" means the s podiatry 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 the practice of medicine and surgery that involves treating the sick which is limited to conditions affecting the foot and ankle, but does not include 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.
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.
448.61
448.61
License required. Except as provided in
ss. 257.03 and
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 Cross-reference
Cross-reference: See also ch.
Pod 1, Wis. adm. code.
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 2 years 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.
