448.9525 Duties of affiliated credentialing board.
448.953 Licensure of athletic trainers.
448.9545 Continuing education.
448.955 Issuance of license; expiration and renewal.
448.956 Practice requirements.
448.957 Disciplinary proceedings and actions.
448.958 Injunctive relief.
SUBCHAPTER VII
OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING BOARD
448.961 License required.
448.963 Licensure requirements; limited permits.
448.965 Duties and powers of affiliated credentialing board.
448.966 Reciprocal licensure.
448.967 Issuance of license; expiration and renewal.
448.968 Disciplinary proceedings and actions.
448.969 Injunctive relief.
448.970 Penalties; appeal.
Ch. 448 Cross-reference
Cross-reference: See definitions in s.
440.01.
GENERAL PROVISIONS
448.01
448.01
Definitions. In this chapter:
448.01(2)
(2) "Disease" means any pain, injury, deformity or physical or mental illness or departure from complete health or the proper condition of the human body or any of its parts.
448.01(5)
(5) "Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board.
448.01(6)
(6) "Physician assistant" means an individual licensed by the medical examining board to provide medical care with physician supervision and direction.
448.01(9)
(9) "Practice of medicine and surgery" means:
448.01(9)(a)
(a) To examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same, by any means or instrumentality.
448.01(9)(b)
(b) To apply principles or techniques of medical sciences in the diagnosis or prevention of any of the conditions described in
par. (a) and in
sub. (2).
448.01(9)(c)
(c) To penetrate, pierce or sever the tissues of a human being.
448.01(9)(d)
(d) To offer, undertake, attempt or do or hold oneself out in any manner as able to do any of the acts described in this subsection.
448.01(9s)
(9s) "Scene of an emergency" means an area not within the confines of a hospital or other institution which has hospital facilities or the office of a person licensed, certified or holding a limited permit under this chapter.
448.01(10)
(10) "Treat the sick" means to examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same, or to undertake, offer, advertise, announce or hold out in any manner to do any of the aforementioned acts, for compensation, direct or indirect, or in the expectation thereof.
448.01(12)
(12) "Warn" means to privately apprise the holder of a license or certificate of the unprofessional nature of the holder's conduct and admonish the holder that continued or repeated conduct of such nature may give the medical examining board or an attached affiliated credentialing board cause to reprimand the holder or to limit, suspend or revoke such license or certificate.
448.01 Note
NOTE: Chapter 383, laws of 1975, which repealed and recreated chapter 448 of the statutes contains a statement of legislative policy in section 1.
448.01 Annotation
A physician, subject to certain limitations, may advise a patient whether or not continued chiropractic care is necessary without engaging in the unauthorized practice of chiropractic. 68 Atty. Gen. 316.
MEDICAL EXAMINING BOARD
Subch. II of ch. 448 Cross-reference
Cross-reference: See also
Med, Wis. adm. code.
448.015
448.015
Definitions. In this subchapter:
448.015(1b)
(1b) "Anesthesiologist" means a physician who has completed a residency in anesthesiology approved by the American Board of Anesthesiology or the American Osteopathic Board of Anesthesiology, holds an unrestricted license, and is actively engaged in clinical practice.
448.015(1c)
(1c) "Anesthesiologist assistant" means an individual licensed by the board to assist an anesthesiologist in the delivery of certain medical care with anesthesiologist supervision.
448.015(1d)
(1d) "Board" means medical examining board.
448.015(1e)
(1e) "Extracorporeal circulation" means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart or lungs or both.
448.015(1m)
(1m) "Perfusion" means that branch or system of treating the sick that is limited to the operation and management of extracorporeal circulation to support, temporarily replace, measure, treat, or supplement the cardiopulmonary and circulatory system of a patient, including, when necessary to and part of the management and operation of extracorporeal circulation, the use of blood testing and advanced life support techniques and technologies, autotransfusion, and the administration of blood, blood products, and anesthetic and pharmacological agents.
448.015(1s)
(1s) "Perfusionist" means an individual who practices perfusion.
448.015(2)
(2) "Respiratory care" means that branch or system of treating the sick which is limited to assisting in the prevention, diagnosis and therapeutic treatment of respiratory disorders by various means, including the administration of medical gases, oxygen therapy, ventilation therapy, artificial airway care, bronchial hygiene therapy, aerosolization of pharmacological agents, respiratory rehabilitation therapy and other treatment, testing, evaluation and rehabilitation procedures performed under the direction of a physician, but not including the use of general anesthetic agents.
448.015(3)
(3) "Respiratory care practitioner" means an individual who practices respiratory care.
448.015(4)(am)(am) "Unprofessional conduct" means all of the following:
448.015(4)(am)1.
1. Those acts or attempted acts of commission or omission defined as unprofessional conduct by the board under the authority delegated to the board by
s. 15.08 (5) (b).
448.015(4)(bm)
(bm) "Unprofessional conduct" does not include any of the following:
448.02(1)(1)
License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery, to practice as an administrative physician, to practice perfusion, to practice as an anesthesiologist assistant, and to practice as a physician assistant.
Effective date note
NOTE: Sub. (1) is shown as amended eff. 4-1-15 by
2013 Wis. Act 240. Prior to 4-1-15 it reads:
Effective date text
(1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery, to practice perfusion, to practice as an anesthesiologist assistant, and to practice as a physician assistant.
448.02(2)
(2) Certificate. The board may certify respiratory care practitioners.
448.02(3)
(3) Investigation; hearing; action. 448.02(3)(a)(a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate or limited permit granted by the board. An allegation that a physician has violated
s. 253.10 (3),
448.30 or
450.13 (2) or has failed to mail or present a medical certification required under
s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under
s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under
s. 49.45 (2) (a) 12r.,
50.36 (3) (b),
609.17 or
632.715, or under
42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under
s. 655.045 (1), as created by
1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under
s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license, certificate or limited permit to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.
Effective date note
NOTE: Par. (a) is amended eff. 4-1-17 by
2013 Wis. Act 240 to read:
Effective date text
(a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license or certificate granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by
1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license or certificate to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.
448.02(3)(b)
(b) After an investigation, if the board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the board shall hold a hearing on such conduct. The board may use any information obtained by the board or the department under
s. 655.17 (7) (b), as created by
1985 Wisconsin Act 29, in an investigation or a disciplinary proceeding, including a public disciplinary proceeding, conducted under this subsection and the board may require a person holding a license, certificate or limited permit to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its hearing. A unanimous finding by a panel established under s.
655.02, 1983 stats., or a finding by a court that a physician has acted negligently in treating a patient is conclusive evidence that the physician is guilty of negligence in treatment. A finding that is not a unanimous finding by a panel established under s.
655.02, 1983 stats., that a physician has acted negligently in treating a patient is presumptive evidence that the physician is guilty of negligence in treatment. A certified copy of the findings of fact, conclusions of law and order of the panel or the order of a court is presumptive evidence that the finding of negligence in treatment was made. The board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under
s. 227.46 (2), within 90 days after the date on which those proceedings are completed.
Effective date note
NOTE: Par. (b) is amended eff. 4-1-17 by
2013 Wis. Act 240 to read:
Effective date text
(b) After an investigation, if the board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the board shall hold a hearing on such conduct. The board may use any information obtained by the board or the department under s. 655.17 (7) (b), as created by
1985 Wisconsin Act 29, in an investigation or a disciplinary proceeding, including a public disciplinary proceeding, conducted under this subsection and the board may require a person holding a license or certificate to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its hearing. A unanimous finding by a panel established under s. 655.02, 1983 stats., or a finding by a court that a physician has acted negligently in treating a patient is conclusive evidence that the physician is guilty of negligence in treatment. A finding that is not a unanimous finding by a panel established under s. 655.02, 1983 stats., that a physician has acted negligently in treating a patient is presumptive evidence that the physician is guilty of negligence in treatment. A certified copy of the findings of fact, conclusions of law and order of the panel or the order of a court is presumptive evidence that the finding of negligence in treatment was made. The board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under s. 227.46 (2), within 90 days after the date on which those proceedings are completed.
448.02(3)(c)
(c) Subject to
par. (cm), after a disciplinary hearing, the board may, when it determines that a panel established under s.
655.02, 1983 stats., has unanimously found or a court has found that a person has been negligent in treating a patient or when it finds a person guilty of unprofessional conduct or negligence in treatment, do one or more of the following: warn or reprimand that person, or limit, suspend or revoke any license, certificate or limited permit granted by the board to that person. The board may condition the removal of limitations on a license, certificate or limited permit or the restoration of a suspended or revoked license, certificate or limited permit upon obtaining minimum results specified by the board on one or more physical, mental or professional competency examinations if the board believes that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.
Effective date note
NOTE: Par. (c) is amended eff. 4-1-17 by
2013 Wis. Act 240 to read:
Effective date text
(c) Subject to par. (cm), after a disciplinary hearing, the board may, when it determines that a panel established under s. 655.02, 1983 stats., has unanimously found or a court has found that a person has been negligent in treating a patient or when it finds a person guilty of unprofessional conduct or negligence in treatment, do one or more of the following: warn or reprimand that person, or limit, suspend or revoke any license or certificate granted by the board to that person. The board may condition the removal of limitations on a license or certificate or the restoration of a suspended or revoked license or certificate upon obtaining minimum results specified by the board on one or more physical, mental or professional competency examinations if the board believes that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.
448.02(3)(cm)
(cm) The board may initiate disciplinary action against a physician no later than one year after initiating an investigation of an allegation involving the death of a patient and no later than 3 years after initiating an investigation of any other allegation, unless the board shows to the satisfaction of the secretary that a specified extension of time is necessary for the board to determine whether a physician is guilty of unprofessional conduct or negligence in treatment. For purposes of this paragraph, the date that a matter is reopened under
sub. (8) (c) is considered the date that an investigation of the matter is initiated.
448.02(3)(e)
(e) A person whose license, certificate or limited permit is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person's practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.
Effective date note
NOTE: Par. (e) is amended eff. 4-1-17 by
2013 Wis. Act 240 to read:
Effective date text
(e) A person whose license or certificate is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person's practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.
448.02(3)(f)
(f) Unless a suspended license or certificate is revoked during the period of suspension, upon the expiration of the period of suspension the license or certificate shall again become operative and effective. However, the board may require the holder of any such suspended license or certificate to pass the examinations required for the original grant of the license or certificate before allowing such suspended license or certificate again to become operative and effective.
448.02(3)(g)
(g) The board shall comply with rules of procedure for the investigation, hearing and action promulgated under
ss. 440.03 (1) and
448.40.
448.02(3)(h)
(h) Nothing in this subsection prohibits the board, in its discretion, from investigating and conducting disciplinary proceedings on allegations of unprofessional conduct by persons holding a license, certificate or limited permit granted by the board when the allegations of unprofessional conduct may also constitute allegations of negligence in treatment.
448.02 Cross-reference
Cross-reference: See also ch.
Med 10, Wis. adm. code.
Effective date note
NOTE: Par. (h) is amended eff. 4-1-17 by
2013 Wis. Act 240 to read:
Effective date text
(h) Nothing in this subsection prohibits the board, in its discretion, from investigating and conducting disciplinary proceedings on allegations of unprofessional conduct by persons holding a license or certificate granted by the board when the allegations of unprofessional conduct may also constitute allegations of negligence in treatment.
