Chapter 446

446.02(10)(b) (b) A chiropractor who violates par. (a) shall refund the insurer for all payments received from the insurer that are related to the day on which a patient’s payment was waived or reduced or for the course of treatment for which the patient’s payment was waived or reduced.

446.02(10m) (10m) A licensed chiropractor who has a valid federal motor carrier safety administration medical examiner certification credential issued under 49 CFR 390.109 may conduct medical examinations for the federal motor carrier safety administration pursuant to 49 USC 31149 and 49 CFR parts 390 and 391.

446.02(11) (11) The examining board shall promulgate rules implementing s. 446.08.

446.02 History History: 1975 c. 39, 199, 383; 1977 c. 29, 418; 1979 c. 98, 162, 337; 1981 c. 380; 1991 a. 39; 1993 a. 31; 1995 a. 94, 166; 2001 a. 70; 2005 a. 25; 2007 a. 20, 104; 2009 a. 28; 2011 a. 32, 209; 2013 a. 20, 345; 2017 a. 180, 288, 331; 2021 a. 130; 2021 a. 238 ss. 27, 28, 44; 2021 a. 253; 2023 a. 186; s. 35.17 correction in (6m).

446.02 Cross-reference Cross-reference: See also Chir, Wis. adm. code.

446.025 446.025 Regulation of chiropractic radiological technicians.

446.025(1) (1) 

446.025(1)(a) (a) No person may provide X-ray services on behalf of a chiropractor in connection with the practice of chiropractic unless the person is a chiropractic radiological technician and is under the direct, on-premises supervision of a chiropractor licensed under this chapter.

446.025(1)(b) (b) No person may designate himself or herself as a “chiropractic radiological technician” or “chiropractor radiological technician,” use or assume the title “chiropractic radiological technician” or “chiropractor radiological technician” or any title that includes “chiropractic radiological technician”or “chiropractor radiological technician,” append to the person’s name the letters “C.R.T.,” or use any other title or designation that represents or implies that he or she is a chiropractic radiological technician unless the person is certified by the examining board under this section.

446.025(2) (2) 

446.025(2)(a) (a) The examining board shall certify as a chiropractic radiological technician an individual who does all of the following:

446.025(2)(a)1. 1. Submits an application to the department on a form provided by the department.

446.025(2)(a)2. 2. Pays the fee specified in s. 440.05 (1).

446.025(2)(a)3. 3. Submits evidence satisfactory to the examining board that the individual has completed a course of study approved by the examining board.

446.025(2)(a)4. 4. Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the examining board that the individual does not have an arrest or conviction record.

446.025(2)(a)5. 5. Completes any other requirements established by the examining board by rule.

446.025(2)(b) (b) The department shall assign a unique certificate number to each individual certified under this section.

446.025(3) (3) 

446.025(3)(a) (a) The renewal date and fees for a certificate issued under this section are specified in s. 440.08 (2) (a).

446.025(3)(b) (b) A chiropractic radiological technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 12 continuing educational credit hours in programs established by rules promulgated by the examining board.

446.025 History History: 2009 a. 28.

446.026 446.026 Regulation of chiropractic technicians.

446.026(1) (1) 

446.026(1)(a) (a) No person may provide adjunctive services unless the person is a chiropractic technician or is described under s. 446.02 (7) (a) 3. and is under the direct, on-premises supervision of a chiropractor licensed under this chapter, or the person is a health care professional, subject to s. 446.02 (7).

446.026(1)(b) (b) Except as provided in s. 446.025 (1) (b), no person may designate himself or herself as a “chiropractic technician” or “chiropractor technician,” use or assume the title “chiropractic technician” or “chiropractor technician” or any title that includes “chiropractic technician” or “chiropractor technician,” append to the person’s name the letters “C.T.,” or use any other title or designation that represents or implies that he or she is a chiropractic technician unless the person is certified by the examining board under this section.

446.026(2) (2) 

446.026(2)(a) (a) The examining board shall certify as a chiropractic technician an individual who does all of the following:

446.026(2)(a)1. 1. Submits an application to the department on a form provided by the department.

446.026(2)(a)2. 2. Pays the fee specified in s. 440.05 (1).

446.026(2)(a)3. 3. Submits evidence satisfactory to the examining board that the individual has completed a course of study approved by the examining board.

446.026(2)(a)4. 4. Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the examining board that the individual does not have an arrest or conviction record.

446.026(2)(a)5. 5. Completes any other requirements established by the examining board by rule.

446.026(2)(b) (b) The department shall assign a unique certificate number to each individual certified under this section.

446.026(3) (3) 

446.026(3)(a) (a) The renewal date and fees for a certificate issued under this section are specified in s. 440.08 (2) (a).

446.026(3)(b) (b) A chiropractic technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 6 continuing educational credit hours in programs established by rules promulgated by the examining board.

446.026 History History: 2009 a. 28; 2017 a. 180; 2023 a. 186.

446.028 446.028 Continuing education approval; program sponsors.

446.028(1) (1) In this section:

446.028(1)(a) (a) “Program sponsor” means any of the following:

446.028(1)(a)1. 1. The Wisconsin Chiropractic Association.

446.028(1)(a)2. 2. The International Chiropractors Association.

446.028(1)(a)3. 3. A college of chiropractic approved by the examining board.

446.028(1)(a)4. 4. A college of medicine or osteopathy accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education.

446.028(1)(a)5. 5. A member-based state or national chiropractic organization that satisfies all of the following:

446.028(1)(a)5.a. a. The organization is an entity that is described in section 501 (c) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and has existed as an entity that is described in section 501 (c) of the Internal Revenue Code for at least 5 years.

446.028(1)(a)5.b. b. The purpose of the organization is not solely providing continuing education programs.

446.028(1)(a)5.c. c. The organization engages in measurable advocacy efforts to promote the chiropractic profession.

446.028(1)(b) (b) “Program sponsor” does not include an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide instruction in the use of an automated external defibrillator.

446.028(2) (2) Each program sponsor of a continuing education program required to be completed by a chiropractor as a condition of license renewal, or by a chiropractic radiological technician or a chiropractic technician as a condition of certificate renewal, shall submit the program to the examining board for approval. A sponsor of a continuing education program approved by the examining board shall notify the examining board of any information or change to information related to satisfying the requirements under this section.

446.028(3) (3) No program sponsor may delegate the tasks of monitoring or recording attendance, providing evidence of attendance, verifying required course content, or providing information on instructors for a continuing education program. A person who intentionally violates this subsection may be punished as provided in s. 446.07.

446.028 History History: 2009 a. 28; 2021 a. 253.

446.03 446.03 Reprimand; revocation, limitation, or suspension of a license or certificate. The examining board, by order, may reprimand a licensee, certificate holder, or registrant and may deny, limit, suspend or revoke any license, certificate, or certificate of registration if the licensee, certificate holder, or registrant does any of the following:

446.03(1) (1) Obtains the license, certificate, or certificate of registration through error or fraud.

446.03(2) (2) Is addicted to alcohol or other drugs.

446.03(3) (3) Is hereafter convicted in a court of competent jurisdiction, either within or without this state, or in federal court, of any violation of any law governing the practice of chiropractic or of any felony, subject to ss. 111.321, 111.322 and 111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction.

446.03(4) (4) Has obtained or sought to obtain anything of value by fraudulent representation in the practice of chiropractic.

446.03(5) (5) Is guilty of unprofessional conduct.

446.03(6) (6) Has continued practice, knowingly having an infectious or contagious disease.

446.03(7) (7) Maintains a professional connection or association with any other person continuing to violate this chapter after 10 days’ notice in writing by the department.

446.03 History History: 1977 c. 29, 125, 418; 1981 c. 334 s. 25 (1); 1981 c. 380; 1983 a. 289; 1991 a. 39; 2009 a. 28.

446.04 446.04 Unprofessional conduct. Unprofessional conduct includes, without limitation because of enumeration, all of the following:

446.04(1) (1) Any conduct of a character likely to deceive or defraud the public.

446.04(2) (2) Loaning of a chiropractic license or certificate to anyone.

446.04(4) (4) Splitting or dividing any fee for chiropractic service with any person except an associate licensed chiropractor.

446.04(5) (5) Use of unprofessional advertising which includes, without limitation because of enumeration, all of the following:

446.04(5)(a) (a) Any advertising statement of a character tending to deceive or mislead the public.

446.04(5)(b) (b) Advertising professional superiority or performance of professional services in a superior manner.

446.04 History History: 1979 c. 162, 337, 355; 1987 a. 264, 1991 a. 207, 315; 2009 a. 28.

446.04 Cross-reference Cross-reference: See also s. Chir 6.01, Wis. adm. code.

446.05 446.05 Procedure for hearings.

446.05(1) (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any licensed chiropractor who, it has reason to believe, violated s. 446.02 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

446.05(1m) (1m) 

446.05(1m)(a) (a) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic radiological technician who, it has reason to believe, violated s. 446.025 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

446.05(1m)(b) (b) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic technician who, it has reason to believe, violated s. 446.026 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

446.05(2) (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license, certificate, or registration suspended or revoked by it. This subsection does not apply to a license, certificate, or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.

446.05 History History: 1977 c. 418; 1997 a. 191, 237; 2009 a. 28.

446.06 446.06 Injunction to enforce this chapter. If it appears upon complaint to the examining board by any person or it is known to the examining board that any person is violating this chapter, the examining board or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name of and on behalf of the state against any such person to enjoin such person from such violations.

446.06 History History: 1981 c. 390 s. 252.

446.07 446.07 Penalty. Anyone violating this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

446.07 History History: 1997 a. 283; 2001 a. 109.

446.08 446.08 Informed consent. Any chiropractor who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable chiropractor standard is the standard for informing a patient under this section. The reasonable chiropractor standard requires disclosure only of information that a reasonable chiropractor would know and disclose under the circumstances. The chiropractor’s duty to inform the patient under this section does not require disclosure of any of the following:

446.08(1) (1) Detailed technical information that in all probability a patient would not understand.

446.08(2) (2) Risks apparent or known to the patient.

446.08(3) (3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

446.08(4) (4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

446.08(5) (5) Information in cases where the patient is incapable of consenting.

446.08(6) (6) Information about alternate modes of treatment for any condition the chiropractor has not included in his or her diagnosis at the time the chiropractor informs the patient.

446.08 History History: 2013 a. 345.