Penalties; appeal. 448.09(1)(1)
A person who violates s. 448.08 (3)
may be fined not more than $250. Except as provided in sub. (1m)
, a person who violates any other provision of this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
A physician who violates any provision of this subchapter, except s. 448.08 (3)
, or any rule promulgated under this subchapter may be fined not more than $25,000 or imprisoned not more than 9 months or both.
Any person aggrieved by any action taken under this subchapter by the board, its officers or its agents may apply for judicial review as provided in ch. 227
, and shall file notice of such appeal with the secretary of the board within 30 days. No court of this state may enter an ex parte stay of any action taken by the board under this subchapter.
Previous practice. 448.10(1)(1)
Osteopathy. Sections 448.02 (1)
, 448.03 (1)
shall not be construed to abrogate the existing rights, privileges and immunities of any person licensed to practice osteopathy and surgery, or osteopathy, who does not hold license to practice medicine and surgery.
(4) Massage and hydrotherapy.
Any person who, on July 11, 1953, was practicing massage and hydrotherapy in this state under a certificate of registration issued pursuant to s. 147.185
, 1951 stats., as it existed prior to July 11, 1953, or who had applied for a certificate of registration in massage and hydrotherapy before said date, shall have the right to continue to so practice under such certificate, and the term "massage and hydrotherapy" shall be deemed to include the use of galvanic generator, diathermy, infrared ray and ultraviolet light for massage purposes. Nothing contained in this subsection shall limit the existing authority of the board to revoke such certificate for cause, and in addition, the board may require the holder of such certificate to demonstrate by examination fitness to use the instrumentalities enumerated in this subsection. A lack of such fitness shall constitute cause for revocation of such certificate. No such certificate holder shall treat a specific disease except on the advice of a licensed physician.
Any person who, on May 7, 1953, was practicing midwifery in this state under a certificate of registration issued by the board may continue to so practice under such certificate but subject to the provisions of ch. 150
, 1951 stats., as in effect prior to such date and subject to the other provisions of this subchapter.
If it appears upon complaint to the board by any person or if it is known to the board that any person is violating this subchapter, or rules adopted by the board under this subchapter, the board or the attorney general may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state against any such person to enjoin such person from such violation. The attorney general shall represent the board in all proceedings.
History: 1975 c. 383
; 1997 a. 175
A physician who has reason to believe any of the following about another physician shall promptly submit a written report to the board that shall include facts relating to the conduct of the other physician:
The other physician is engaging or has engaged in acts that constitute a pattern of unprofessional conduct.
The other physician is engaging or has engaged in an act that creates an immediate or continuing danger to one or more patients or to the public.
The other physician is or may be medically incompetent.
The other physician is or may be mentally or physically unable safely to engage in the practice of medicine or surgery.
No physician who reports to the board under sub. (1)
may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith.
History: 2009 a. 382
Anyone practicing medicine, surgery, osteopathy, or any other form or system of treating the sick without having a license or a certificate of registration shall be liable to the penalties and liabilities for malpractice; and ignorance shall not lessen such liability for failing to perform or for negligently or unskillfully performing or attempting to perform any duty assumed, and which is ordinarily performed by authorized practitioners.
History: 1975 c. 383
Biennial training requirement. 448.13(1)(a)(a)
Except as provided in par. (b)
, each physician shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07
, submit proof of attendance at and completion of all of the following:
Continuing education programs or courses of study approved for at least 30 hours of credit by the board within the 2 calendar years preceding the calendar year for which the registration is effective.
Professional development and maintenance of certification or performance improvement or continuing medical education programs or courses of study required by the board by rule under s. 448.40 (1)
and completed within the 2 calendar years preceding the calendar year for which the registration is effective.
The board may waive any of the requirements under par. (a)
if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a physician from meeting the requirements.
The board shall, on a random basis, verify the accuracy of proof submitted by physicians under sub. (1) (a)
and may, at any time during the 2 calendar years specified in sub. (1) (a)
, require a physician to submit proof of any continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs or courses of study that he or she has attended and completed at that time during the 2 calendar years.
Each person licensed as a perfusionist shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07
, submit proof of completion of continuing education requirements promulgated by rule by the board.
Each person licensed as an anesthesiologist assistant shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07
, submit proof of meeting the criteria for recertification by the National Commission on Certification of Anesthesiologist Assistants or by a successor entity, including any continuing education requirements.
See also Med
, Wis. adm. code.
Annually, no later than March 1, the board shall submit to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3)
a report that identifies the average length of time to process a disciplinary case against a physician during the preceding year and the number of disciplinary cases involving physicians pending before the board on December 31 of the preceding year.
History: 1997 a. 311
Council on physician assistants; duties. 448.20(1)(1)
Recommend licensing and practice standards.
The council on physician assistants shall develop and recommend to the examining board licensing and practice standards for physician assistants. In developing the standards, the council shall consider the following factors: an individual's training, wherever given; experience, however acquired, including experience obtained in a hospital, a physician's office, the armed services or the federal health service of the United States, or their equivalent as found by the examining board; and education, including that offered by a medical school and the technical college system board.
(2) Advise board of regents.
The council shall advise and cooperate with the board of regents of the University of Wisconsin System in establishing an educational program for physician assistants on the undergraduate level. The council shall suggest criteria for admission requirements, program goals and objectives, curriculum requirements, and criteria for credit for past educational experience or training in health fields.
(3) Advise board.
The council shall advise the board on:
Revising physician assistant licensing and practice standards and on matters pertaining to the education, training and licensing of physician assistants.
Developing criteria for physician assistant training program approval, giving consideration to and encouraging utilization of equivalency and proficiency testing and other mechanisms whereby full credit is given to trainees for past education and experience in health fields.
(4) Adhere to program objectives.
In formulating standards under this section, the council shall recognize that an objective of this program is to increase the existing pool of health personnel.
Physician assistants. 448.21(1)
No physician assistant may provide medical care, except routine screening, in:
The practice of dentistry or dental hygiene within the meaning of ch. 447
The practice of chiropractic within the meaning of ch. 446
The practice of acupuncture within the meaning of ch. 451
(2) Employee status.
No physician assistant may be self-employed. The employer of a physician assistant shall assume legal responsibility for any medical care provided by the physician assistant during the employment. The employer of a physician assistant, if other than a licensed physician, shall provide for and not interfere with supervision of the physician assistant by a licensed physician.
(3) Prescriptive authority.
A physician assistant may issue a prescription order for a drug or device in accordance with guidelines established by a supervising physician and the physician assistant and with rules promulgated by the board. If any conflict exists between the guidelines and the rules, the rules shall control.
Anesthesiologist assistants. 448.22(1)
In this section, "supervision" means the use of the powers of direction and decision to coordinate, direct, and inspect the accomplishments of another, and to oversee the implementation of the anesthesiologist's intentions.
An anesthesiologist assistant may assist an anesthesiologist in the delivery of medical care only under the supervision of an anesthesiologist and only as described in a supervision agreement between the anesthesiologist assistant and an anesthesiologist who represents the anesthesiologist assistant's employer. The supervising anesthesiologist shall be immediately available in the same physical location or facility in which the anesthesiologist assistant assists in the delivery of medical care such that the supervising anesthesiologist is able to intervene if needed.
A supervision agreement under sub. (2)
shall do all of the following:
Define the practice of the anesthesiologist assistant consistent with subs. (2)
, and (5)
An anesthesiologist assistant's practice may not exceed his or her education and training, the scope of practice of the supervising anesthesiologist, and the practice outlined in the anesthesiologist assistant supervision agreement. A medical care task assigned by the supervising anesthesiologist to the anesthesiologist assistant may not be delegated by the anesthesiologist assistant to another person.
An anesthesiologist assistant may assist only the supervising anesthesiologist in the delivery of medical care and may perform only the following medical care tasks as assigned by the supervising anesthesiologist:
Developing and implementing an anesthesia care plan for a patient.
Obtaining a comprehensive patient history and performing relevant elements of a physical exam.
Pretesting and calibrating anesthesia delivery systems and obtaining and interpreting information from the systems and from monitors.
Implementing medically accepted monitoring techniques.
Establishing basic and advanced airway interventions, including intubation of the trachea and performing ventilatory support.
Administering intermittent vasoactive drugs and starting and adjusting vasoactive infusions.
Administering anesthetic drugs, adjuvant drugs, and accessory drugs.
Implementing spinal, epidural, and regional anesthetic procedures.
Administering blood, blood products, and supportive fluids.
Assisting a cardiopulmonary resuscitation team in response to a life threatening situation.
Participating in administrative, research, and clinical teaching activities specified in the supervision agreement.
Supervising student anesthesiologist assistants.
An anesthesiologist who represents an anesthesiologist assistant's employer shall review a supervision agreement with the anesthesiologist assistant at least annually. The supervision agreement shall be available for inspection at the location where the anesthesiologist assistant practices. The supervision agreement may limit the practice of an anesthesiologist assistant to less than the full scope of practice authorized under sub. (5)
An anesthesiologist assistant shall be employed by a health care provider, as defined in s. 655.001 (8)
, that is operated in this state for the primary purpose of providing the medical services of physicians or that is an entity described in s. 655.002 (1) (g)
, or (i)
. If an anesthesiologist assistant's employer is not an anesthesiologist, the employer shall provide for, and not interfere with, an anesthesiologist's supervision of the anesthesiologist assistant.
A student in an anesthesiologist assistant training program may assist only an anesthesiologist in the delivery of medical care and may perform only medical care tasks assigned by the anesthesiologist. An anesthesiologist may delegate the supervision of a student in an anesthesiologist assistant training program to only a qualified anesthesiologist, an anesthesiology fellow, an anesthesiology resident who has completed his or her first year of residency, or an anesthesiologist assistant, but in no case may an anesthesiologist concurrently supervise, either directly or as a delegated act, more than 2 students in training to be an anesthesiologist assistant. This section shall not be interpreted to limit the number of other qualified anesthesia providers an anesthesiologist may supervise. A student in an anesthesiologist assistant training program shall be identified as a student anesthesiologist assistant or an anesthesiologist assistant student and may not be identified as an "intern," "resident," or "fellow."
History: 2011 a. 160
Council on anesthesiologist assistants.
The council on anesthesiologist assistants shall guide, advise, and make recommendations to the board regarding the scope of anesthesiologist assistant practice and promote the safe and competent practice of anesthesiologist assistants in the delivery of health care services.
History: 2011 a. 160
Any physician who treats a patient shall inform the patient about the availability of reasonable alternate medical modes of treatment and about the benefits and risks of these treatments. The reasonable physician standard is the standard for informing a patient under this section. The reasonable physician standard requires disclosure only of information that a reasonable physician in the same or a similar medical specialty would know and disclose under the circumstances. The physician's duty to inform the patient under this section does not require disclosure of:
Detailed technical information that in all probability a patient would not understand.
Risks apparent or known to the patient.
Extremely remote possibilities that might falsely or detrimentally alarm the patient.
Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.
Information in cases where the patient is incapable of consenting.
Information about alternate medical modes of treatment for any condition the physician has not included in his or her diagnosis at the time the physician informs the patient.
History: 1981 c. 375
; 2013 a. 111
See also ch. Med 18
, Wis. adm. code.
A one to three in 100 chance of a condition's existence is not an "extremely remote possibility" under sub. (4) when very serious consequences could result if the condition is present. Martin v. Richards, 192 Wis. 2d 156
, 531 N.W.2d 70