A doctor has a duty under this section to advise of alternative modes of diagnosis as well as of alternative modes of treatment for diagnosed conditions. Martin v. Richards, 192 Wis. 2d 156
, 531 N.W.2d 70
What constitutes informed consent under this section (1993 stats.) emanates from what a reasonable person in the patient's position would want to know. What a physician must disclose is contingent on what a reasonable person would need to know to make an informed decision. When different physicians have substantially different success rates with a procedure and a reasonable person would consider that information material, a court may admit statistical evidence of the relative risk. Johnson v. Kokemoor, 199 Wis. 2d 615
, 545 N.W.2d 495
A hospital does not have the duty to ensure that a patient has given informed consent to a procedure performed by an independent physician. Mathias v. St. Catherine's Hospital, Inc. 212 Wis. 2d 540
, 569 N.W.2d 330
(Ct. App. 1997), 96-1632
The onset of a procedure does not categorically foreclose withdrawal of a patient's consent. Withdrawal of consent removes the doctor's authority to continue and obligates the doctor to conduct another informed consent discussion. In this type of informed consent case where the issue is not whether the patient was given the pertinent information so that the patient's choice was informed, but rather whether the patient was given an opportunity to make a choice after having all of the pertinent information, the cause question is, “What did the patient himself or herself want?" Schreiber v. Physicians Insurance Co. 223 Wis. 2d 417
, 588 N.W.2d 26
As a general rule, patients have a duty to exercise ordinary care for their own health. Under limited, enumerated circumstances, contributory negligence may be a defense in an informed consent case. A doctor is not restricted to only the defenses listed under this section, but a court should be cautious in giving instructions on nonstatutory defenses. Brown v. Dibbell, 227 Wis. 2d 28
, 595 N.W.2d 358
In the absence of a persistent vegetative state, the right of a parent to withhold life-sustaining treatment from a child does not exist and the need for informed consent is not triggered when life-sustaining treatment is performed. Montalvo v. Borkovec, 2002 WI App 147
, 256 Wis. 2d 472
, 647 N.W.2d 413
A patient's consent to treatment is not categorically immutable once it has been given. A physician must initiate a new informed consent discussion when there is a substantial change in circumstances, be it medical or legal. Here, the decedent's postoperative complications did not at some point became a substantial change in medical circumstances necessitating a second informed consent discussion, because it was undisputed that the decedent was informed of the risks he later faced. Hageny v. Bodensteiner, 2009 WI App 10
, 316 Wis. 2d 240
, 762 N.W.2d 452
This section (2007 stats.) requires any physician who treats a patient to inform the patient about the availability of all alternate, viable medical modes of treatment, including diagnosis, as well as the benefits and risks of such treatments. Although the jury determined a physician was not negligent in his standard of care for failing to employ an alternative when treating the defendant, that did not relieve the physician of the duty to inform the patient about the availability of all alternate, viable medical modes of treatment. Bubb v. Brusky, 2009 WI 91
, 321 Wis. 2d 1
, 768 N.W.2d 903
Neither case law or this section (2011 stats.) limits the physician's duty to inform the patient of modes of treatment only for the final diagnosis. The distinction between conditions “related" to the final diagnosis and conditions “unrelated" to the final diagnosis finds no support in the statute or case law. A physician's duty is to inform the patient about diagnostic procedures about which a reasonable patient would want to know to make an informed, voluntary decision about his or her medical care, even if those diagnostic procedures are aimed at conditions that are unrelated to the condition that was the final diagnosis. Jandre v. Physicians Insurance Company of Wisconsin, 2012 WI 39
, 340 Wis. 2d 31
, 813 N.W.2d 627
The doctrine of informed consent is limited to apprising the patient of risks that inhere to proposed treatments. It does not impose a duty to apprise a patient of any knowledge the doctor may have regarding the condition of the patient or of all possible methods of diagnosis. McGeshick v. Choucair 9 F.3d 1229
The board may promulgate rules to carry out the purposes of this subchapter, including rules requiring the completion of continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs for renewal of a license to practice medicine and surgery.
The board shall promulgate all of the following rules:
Establishing the scope of the practice of perfusion. In promulgating rules under this paragraph, the board shall consult with the perfusionists examining council.
Establishing continuing education requirements for renewal of a license to practice perfusion under s. 448.13 (2)
. In promulgating rules under this paragraph, the board shall consult with the perfusionists examining council.
Establishing the criteria for the substitution of uncompensated hours of professional assistance volunteered to the department of health services for some or all of the hours of continuing education credits required under s. 448.13 (1) (a) 1.
for physicians specializing in psychiatry. The eligible substitution hours shall involve professional evaluation of community programs for the certification and recertification of community mental health programs, as defined in s. 51.01 (3n)
, by the department of health services.
Establishing requirements for prescription orders issued by physician assistants under s. 448.21 (3)
See also Med
, Wis. adm. code.
PHYSICAL THERAPY EXAMINING BOARD
Subch. III of ch. 448 Cross-reference
See also PT
, Wis. adm. code.
In this subchapter:
“Diagnosis" means a judgment that is made after examining the neuromusculoskeletal system or evaluating or studying its symptoms and that utilizes the techniques and science of physical therapy for the purpose of establishing a plan of therapeutic intervention, but does not include a chiropractic or medical diagnosis.
“Examining board" means the physical therapy examining board.
“Licensee" means a person who is licensed under this subchapter.
“Physical therapist" means an individual who has been graduated from a school of physical therapy and holds a license to practice physical therapy granted by the examining board.
“Physical therapist assistant" means an individual who holds a license as a physical therapist assistant granted by the examining board.
“Physical therapy" means, except as provided in par. (b)
, any of the following:
Examining, evaluating, or testing individuals with mechanical, physiological, or developmental impairments, functional limitations related to physical movement and mobility, disabilities, or other movement-related health conditions, in order to determine a diagnosis, prognosis, or plan of therapeutic intervention or to assess the ongoing effects of intervention. In this subdivision, “testing" means using standardized methods or techniques for gathering data about a patient.
Alleviating impairments or functional limitations by instructing patients or designing, implementing, or modifying therapeutic interventions.
Reducing the risk of injury, impairment, functional limitation, or disability, including by promoting or maintaining fitness, health, or quality of life in all age populations.
Engaging in administration, consultation, or research that is related to any activity specified in subds. 1.
“Physical therapy" does not include any of the following:
Using roentgen rays or radium for any purpose, except that “physical therapy" includes ordering X-rays to be performed by qualified persons, subject to s. 448.56 (7) (a)
, and using X-ray results to determine a course of care or to determine whether a referral to another health care provider is necessary.
Using electricity for surgical purposes, including cauterization.
“Sexual misconduct with a patient" means any of the following:
Engaging in or soliciting a consensual or nonconsensual sexual relationship with a patient.
Making sexual advances toward, requesting sexual favors from, or engaging in other verbal conduct or physical contact of a sexual nature with a patient.
Intentionally viewing a completely or partially disrobed patient during the course of treatment if the viewing is not related to diagnosis or treatment.
“Therapeutic intervention" means the purposeful and skilled interaction between a physical therapist, patient, and, if appropriate, individuals involved in the patient's care, using physical therapy procedures or techniques that are intended to produce changes in the patient's condition and that are consistent with diagnosis and prognosis.
Physical therapists and massage therapists are not prohibited from performing the activities that are within their respective scopes of practice, even if those activities extend in some degree into the field of chiropractic science. OAG 1-01
License required. 448.51(1)(1)
Except as provided in s. 448.52
, no person may practice physical therapy unless the person is licensed as a physical therapist under this subchapter.
No person may designate himself or herself as a physical therapist or use or assume the title “physical therapist," “physiotherapist," “physical therapy technician," “licensed physical therapist," “registered physical therapist," “master of physical therapy," “master of science in physical therapy," or “doctorate in physical therapy," or append to the person's name the letters “P.T.," “P.T.T.," “L.P.T.," “R.P.T.," “M.P.T.," “
M.S.P.T.," or “D.P.T.," or any other title, letters, or designation that represents or may tend to represent the person as a physical therapist, unless the person is licensed as a physical therapist under this subchapter.
No person may designate himself or herself as a physical therapist assistant, use or assume the title “physical therapist assistant," or append to the person's name the letters “P.T.A." or any other title, letters, or designation that represents or may tend to represent the person as a physical therapist assistant unless the person is licensed as a physical therapist assistant under this subchapter.
Except as provided in s. 448.52 (2m)
, no person may claim to render physical therapy or physiotherapy services unless the person is licensed as a physical therapist under this subchapter.
See also chs. PT 1
, and 4
, Wis. adm. code.
A license is not required under this subchapter for any of the following, if the person does not claim to render physical therapy or physiotherapy services:
Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.
Any person assisting a physical therapist in practice under the direct, on-premises supervision of the physical therapist.
A physical therapy student assisting a physical therapist in the practice of physical therapy or a physical therapist assistant student assisting a physical therapist in performing physical therapy procedures and related tasks, if the assistance is within the scope of the student's education or training.
A physical therapist who is licensed to practice physical therapy in another state or country and is providing a consultation or demonstration with a physical therapist who is licensed under this subchapter.
A license is not required under this subchapter for any of the following:
Except as provided in par. (b)
, a chiropractor licensed under ch. 446
claiming to render physical therapy, if the physical therapy is provided by a physical therapist employed by the chiropractor.
A chiropractor licensed under ch. 446
claiming to render physical therapy modality services.
History: 1993 a. 107
; 1995 a. 166
; 2001 a. 70
; 2017 a. 341
; s. 35.17 correction in (1m) (am).
See also ch. PT 5
, Wis. adm. code.
A physical therapist may not claim that any manipulation service that he or she provides is in any manner a chiropractic adjustment that is employed to correct a spinal subluxation.
History: 2001 a. 70
Code of ethics.
The examining board shall promulgate rules establishing a code of ethics governing the professional conduct of physical therapists and physical therapist assistants.
History: 2001 a. 70
; 2009 a. 149
Licensure of physical therapists. 448.53(1)(1)
The examining board shall grant a license as a physical therapist to a person who does all of the following:
Submits an application for the license to the department on a form provided by the department.
Subject to ss. 111.321
, submits evidence satisfactory to the examining board that the applicant does not have an arrest or conviction record.
Submits evidence satisfactory to the examining board that the applicant is a graduate of a school of physical therapy approved by the examining board, unless the examining board waives this requirement under sub. (3)
If the person was educated at a physical therapy school that is not in the United States, the person satisfies any additional requirements for demonstrating competence to practice physical therapy that the examining board may establish by rule.
The examining board may promulgate rules providing for various classes of temporary licenses to practice physical therapy.
The examining board may waive the requirement under sub. (1) (d)
for an applicant who establishes, to the satisfaction of the examining board, all of the following:
That he or she is a graduate of a physical therapy school.
That he or she is licensed as a physical therapist by another licensing jurisdiction in the United States.
That the jurisdiction in which he or she is licensed required the licensee to be a graduate of a school approved by the licensing jurisdiction or of a school that the licensing jurisdiction evaluated for education equivalency.
That he or she has actively practiced physical therapy, under the license issued by the other licensing jurisdiction in the United States, for at least 3 years immediately preceding the date of his or her application.
See also chs. PT 1
, and 4
, Wis. adm. code.
Licensure of physical therapist assistants. 448.535(1)(1)
The examining board shall grant a license as a physical therapist assistant to a person who does all of the following: