reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.970 - Definitions.

448.970
Definitions.
In this subchapter:
(1)
“Accreditation Council for Genetic Counseling,” “American Board of Genetic Counseling," “American Board of Medical Genetics and Genomics,” and “National Society of Genetic Counselors” include an equivalent successor organization as determined by the board.
(2)
“Board" means the genetic counselors affiliated credentialing board.
(3)
“Genetic counseling” means to do any of the following:
(a)
Obtain and evaluate individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, a patient's offspring, and other family members.
(b)
Discuss the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases.
(c)
Identify, coordinate, and order genetic laboratory tests as appropriate for a genetic assessment.
(d)
Integrate genetic laboratory test results with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases.
(e)
Explain the clinical implications of genetic laboratory tests and other diagnostic studies and their results.
(f)
Evaluate a patient's or family's responses to the condition or risk of recurrence and provide patient-centered counseling and anticipatory guidance.
(g)
Provide written documentation of medical, genetic, and counseling information for families and health care professionals.
(4)
“Genetic counselor" means an individual who is licensed by the board to practice genetic counseling.
History:  2021 a. 251.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9701 - License required; exceptions.

448.9701
License required; exceptions.
(1)
(a)
Except as provided in sub. (2), no person may practice genetic counseling unless the person is licensed under this subchapter.
(b)
No person may designate himself or herself as a genetic counselor or use or assume the title “genetic associate," “genetic counselor," “licensed genetic counselor," or “registered genetic counselor," or append to the person's name the letters “G.A.," “G.C.," “L.G.C.," or “R.G.C.," or use any insignia or designation that would imply that the individual is licensed or certified or registered as a genetic counselor, or claim to render genetic counseling services unless the person is licensed under this subchapter.
(2)
A license is not required under this subchapter for any of the following if the person does not claim to be a genetic counselor:
(a)
Any person, such as a physician, who is lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.
(b)
Any person assisting a genetic counselor in practice under the direct, on-premises supervision of the genetic counselor.
(c)
A student of genetic counseling assisting a genetic counselor in the practice of genetic counseling if the assistance is within the scope of the student's education or training.
(d)
A person who is licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis, as determined by the board by rule, if the person notifies the board that he or she will be providing consulting services and of the nature and date of those services and receives authorization from the board to provide consulting services on a temporary basis under this paragraph.
(e)
A person who is not licensed to practice genetic counseling in another state or country and who is providing consulting services in this state on a temporary basis, as determined by the board by rule, if the person satisfies all of the following:
1.
The person is certified by the American Board of Genetic Counseling or the American Board of Medical Genetics and Genomics.
2.
The person notifies the board that he or she will be providing consulting services and of the nature and date of those services.
3.
The person receives authorization from the board to provide consulting services on a temporary basis under this paragraph.
NOTE: This section was created as s. 448.971 by 2021 Wis. Act 251 and renumbered to s. 448.9701 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
History:  2021 a. 251; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9703 - Duties and powers of board.

448.9703
Duties and powers of board.
The board shall promulgate rules to do all of the following:
(1)
Adopt the National Society of Genetic Counselors code of ethics as a code of ethics governing the professional conduct of genetic counselors.
(2)
Establish criteria for the approval of continuing education programs and courses required for renewal of a genetic counselor license.
(3)
Establish requirements for an applicant seeking renewal of a genetic counselor license, including that an applicant has satisfied all of the following:
(a)
Successfully completed at least 30 hours of continuing education in the prior 2-year period.
(b)
Maintained certification from and, if applicable, achieved recertification through the American Board of Genetic Counseling.
(4)
Adopt a definition of “temporary basis" for purposes of s. 448.9701 (2) (d) and (e).
NOTE: This section was created as s. 448.973 by 2021 Wis. Act 251 and renumbered to s. 448.9703 by the legislative reference bureau under s. 13.92 (1) (bm) 2. In sub. (4), the cross-reference to s. 448.9701 (2) (d) and (e) was changed from s. 448.971 (2) (d) and (e) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.971, as created by 2021 Wis. Act 251.
History:  2021 a. 251; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9704 - Licensure of genetic counselors.

448.9704
Licensure of genetic counselors.
(1)
Except as provided in sub. (2), the board shall grant a license as a genetic counselor to an applicant who does all of the following:
(a)
Submits an application for the license to the department on a form provided by the department.
(b)
Pays the fee specified in s. 440.05 (1).
(c)
Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the board that the applicant does not have an arrest or a conviction record.
(d)
Submits evidence satisfactory to the board that he or she has done all of the following:
1.
Satisfied one of the following:
a.
Successfully completed the academic and clinical requirements of and developed the practice-based competencies required by a degree-granting program in genetic counseling that is accredited by the Accreditation Council for Genetic Counseling or the American Board of Medical Genetics and Genomics.
b.
Successfully completed a degree-granting program outside of the United States that the board determines is substantially equivalent to a program described in subd. 1. a.
2.
Passed an examination administered by the American Board of Genetic Counseling or the genetic counseling examination administered by the American Board of Medical Genetics and Genomics.
3.
Obtained certification, maintained valid certification, and, if applicable, achieved recertification with the American Board of Genetic Counseling.
(2)
(a)
The board may waive the requirements of sub. (1) (d) if the applicant holds an unexpired genetic counselor license issued by another state or territory or foreign country or province and the requirements for licensure and for renewal of a genetic counselor license of such other state or territory or foreign country or province are deemed by the board to be substantially equivalent to the requirements for licensure and for renewal of a genetic counselor license of this state.
(b)
The board may waive the requirements of sub. (1) (d) if the applicant does all of the following:
1.
Applies for licensure under sub. (1) by September 1, 2023.
2.
Submits evidence satisfactory to the board of all of the following:
a.
Having at least 10 years of documented work experience practicing genetic counseling.
b.
Having completed, within the previous 5 years, 25 hours of continuing education approved by the National Society of Genetic Counselors.
3.
Submits to the board 2 letters of recommendation, one from a genetic counselor and another from a physician.
NOTE: This section was created as s. 448.974 by 2021 Wis. Act 251 and renumbered to s. 448.9704 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
History:  2021 a. 251; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9705 - Temporary license.

448.9705
Temporary license.
(1)
The board may, by rule, provide for a temporary license to practice genetic counseling for an applicant who satisfies the requirements of s. 448.9704 (1) other than the examination requirement under s. 448.9704 (1) (d) 2.
NOTE: The cross-reference to s. 448.9704 (1) was changed from s. 448.974 (1) and the cross-reference to s. 448.9704 (1) (d) 2. was changed from s. 448.974 (1) (d) 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.974, as created by 2021 Wis. Act 251.
(2)
Except as provided in sub. (3), a temporary license issued under this section expires upon granting of a license under s. 448.9704 (1) or on whichever of the following dates occurs first:
NOTE: The cross-reference to s. 448.9704 (1) was changed from s. 448.974 (1) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.974, as created by 2021 Wis. Act 251.
(a)
The date that is one year after the date on which the temporary license was granted.
(b)
If, after the applicant obtains a temporary license under this section, the American Board of Genetic Counseling administers the examination required under s. 448.9704 (1) (d) 2. and the applicant takes the examination, 30 days after the results of the examination are issued by the American Board of Genetic Counseling.
NOTE: The cross-reference to s. 448.9704 (1) (d) 2. was changed from s. 448.974 (1) (d) 2. by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of s. 448.974, as created by 2021 Wis. Act 251.
(3)
The board may, in its discretion and only once, renew a temporary license issued to a person under this section, for a period specified by the board, if the person maintains active candidate status with the American Board of Genetic Counseling. The board may require an applicant for the renewal of a temporary license to appear before a member of the board for an interview.
(4)
A person who holds a temporary license issued under this section may not practice genetic counseling unless the person is under the supervision and direction of a genetic counselor or physician at all times while the person is practicing genetic counseling. The board may promulgate rules governing general supervision of a person holding a temporary license under this section by a genetic counselor or physician.
NOTE: This section was created as s. 448.975 by 2021 Wis. Act 251 and renumbered to s. 448.9705 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
History:  2021 a. 251; s. 13.92 (1) (bm) 2; s. 35.17 correction in (2) (intro.).
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9706 - Issuance of license; expiration and renewal.

448.9706
Issuance of license; expiration and renewal.
(1)
The department shall issue a certificate of licensure to each person who is licensed under this subchapter.
(2)
Except as provided in s. 448.9705, the renewal dates for licenses granted under this subchapter 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 specified in s. 440.08 (2) (a) and proof of compliance with the requirements established by rules promulgated by the board under s. 448.9703 (3).
NOTE: This section was created as s. 448.976 by 2021 Wis. Act 251 and renumbered to s. 448.9706 by the legislative reference bureau under s. 13.92 (1) (bm) 2. In sub. (2), the cross-reference to s. 448.9705 was changed from s. 448.975 and the cross-reference to s. 448.9703 (3) was changed from s. 448.973 (3) by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of ss. 448.973 and 448.975, as created by 2021 Wis. Act 251.
History:  2021 a. 251; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9708 - Injunctive relief.

448.9708
Injunctive relief.
If the board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the 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.
NOTE: This section was created as s. 448.978 by 2021 Wis. Act 251 and renumbered to s. 448.9708 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
History:  2021 a. 251; s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9709 - Penalties.

448.9709
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.
NOTE: This section was created as s. 448.979 by 2021 Wis. Act 251 and renumbered to s. 448.9709 by the legislative reference bureau under s. 13.92 (1) (bm) 2.
History:  2021 a. 251; s. 13.92 (1) (bm) 2.
NOTE: Subch. IX (title) was renumbered from subch. VIII (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.971 - Definitions.

448.971
Definitions.
In this subchapter, unless the context requires otherwise:
(1)
“Board" means the physician assistant affiliated credentialing board.
(2)
“Physician assistant” means a person licensed under this subchapter.
(3)
“Podiatrist” has the meaning given in s. 448.60 (3).
(4)
“Podiatry” has the meaning given in s. 448.60 (4).
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.972 - License required; exceptions.

448.972
License required; exceptions.
(1)
Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or “physician assistant," or append to the person's name the words or letters “physician assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant, unless he or she is licensed by the board under this subchapter.
(2)
Subsection (1) does not apply with respect to any of the following:
(a)
An individual employed and duly credentialed as a physician assistant or physician associate by the federal government while performing duties incident to that employment, unless a license under this subchapter is required by the federal government.
(b)
A person who satisfies the requirement under s. 448.974 (1) (a) 3. but who is not licensed under this subchapter. This paragraph does not allow such a person to practice medicine and surgery in violation of s. 448.03 (1) (a) or to practice podiatry in violation of s. 448.61.
(3)
A student who is enrolled in an accredited physician assistant educational program may use the title “physician assistant student,” “PA student,” or “PA-S.”
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9725 - Expedited partner therapy.

448.9725
Expedited partner therapy.
(1)
In this section:
(b)
“Antimicrobial drug" has the meaning given in s. 448.035 (1) (b).
(c)
“Expedited partner therapy" has the meaning given in s. 448.035 (1) (c).
(2)
Notwithstanding the requirements of s. 448.9785, a physician assistant may provide expedited partner therapy if a patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician assistant shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the physician assistant is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary, bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."
(3)
The physician assistant shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.
(4)
(a)
Except as provided in par. (b), a physician assistant is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.
(b)
The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician assistant whose act or omission involves reckless, wanton, or intentional misconduct.
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9727 - Prescriptions for and delivery of opioid antagonists.

448.9727
Prescriptions for and delivery of opioid antagonists.
(1)
In this section:
(a)
“Administer" has the meaning given in s. 450.01 (1).
(b)
“Deliver" has the meaning given in s. 450.01 (5).
(c)
“Dispense" has the meaning given in s. 450.01 (7).
(d)
“Opioid antagonist" has the meaning given in s. 450.01 (13v).
(e)
“Opioid-related drug overdose" has the meaning given in s. 256.40 (1) (d).
(f)
“Standing order" has the meaning given in s. 450.01 (21p).
(2)
(a)
A physician assistant may do any of the following:
1.
Prescribe an opioid antagonist to a person in a position to assist an individual at risk of undergoing an opioid-related drug overdose and may deliver the opioid antagonist to that person. A prescription order under this subdivision need not specify the name and address of the individual to whom the opioid antagonist will be administered, but shall instead specify the name of the person to whom the opioid antagonist is prescribed.
2.
Issue a standing order to one or more persons authorizing the dispensing of an opioid antagonist.
(b)
A physician assistant who prescribes or delivers an opioid antagonist under par. (a) 1. shall ensure that the person to whom the opioid antagonist is prescribed has or has the capacity to provide the knowledge and training necessary to safely administer the opioid antagonist to an individual undergoing an opioid-related overdose and that the person demonstrates the capacity to ensure that any individual to whom the person further delivers the opioid antagonist has or receives that knowledge and training.
(3)
A physician assistant who, acting in good faith, prescribes or delivers an opioid antagonist in accordance with sub. (2) or who, acting in good faith, otherwise lawfully prescribes or dispenses an opioid antagonist shall be immune from criminal or civil liability and may not be subject to professional discipline under s. 448.978 for any outcomes resulting from prescribing, delivering, or dispensing the opioid antagonist.
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.973 - Powers and duties of board.

448.973
Powers and duties of board.
(1)
(a)
The board shall promulgate rules implementing s. 448.9785.
(b)
The board shall promulgate rules establishing continuing education requirements for physician assistants.
(c)
The board may promulgate other rules to carry out the purposes of this subchapter, including any of the following:
1.
Rules defining what constitutes unprofessional conduct for physician assistants for purposes of s. 448.978 (2) (d).
2.
Rules under s. 448.977 (2).
(2)
The board shall include in the register the board maintains under s. 440.035 (1m) (d) the names of all persons whose licenses issued under this subchapter were suspended or revoked within the past 2 years. The register shall be available for purchase at cost.
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.976 - Civil liability.

448.976
Civil liability.
No physician assistant shall be liable for any civil damages for either of the following:
(1)
Reporting in good faith to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the physician assistant's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
(2)
In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the physician assistant's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.977 - Malpractice liability insurance.

448.977
Malpractice liability insurance.
(1)
Except as provided in subs. (2) and (3), no physician assistant may practice as authorized under s. 448.975 unless he or she has in effect malpractice liability insurance coverage evidenced by one of the following:
(a)
Personal liability coverage in the amounts specified for health care providers under s. 655.23 (4).
(b)
Coverage under a group liability policy providing individual coverage for the physician assistant in the amounts under s. 655.23 (4).
(2)
The board may promulgate rules requiring a practicing physician assistant to have in effect malpractice liability insurance coverage in amounts greater than those specified in sub. (1) (a) or (b) or (4). If the board promulgates rules under this subsection, no physician assistant may practice as authorized under s. 448.975 unless he or she has in effect malpractice liability insurance coverage as required under those rules, except as provided in sub. (3).
(3)
A physician assistant who is a state, county, or municipal employee, or federal employee or contractor covered under the federal tort claims act, as amended, and who is acting within the scope of his or her employment or contractual duties is not required to maintain in effect malpractice insurance coverage.
(4)
Except as provided in subs. (2) and (3), a physician assistant may comply with sub. (1) if the physician assistant's employer has in effect malpractice liability insurance that is at least the minimum amount specified under s. 655.23 (4) and that provides coverage for claims against the physician assistant.
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.978 - Professional discipline.

448.978
Professional discipline.
(1)
Subject to the rules promulgated under s. 440.03 (1), the board may conduct investigations and hearings to determine whether a person has violated this subchapter or a rule promulgated under this subchapter.
(2)
Subject to the rules promulgated under s. 440.03 (1), if a person who applies for or holds a license issued under s. 448.974 does any of the following, the board may reprimand the person or deny, limit, suspend, or revoke the person's license:
(a)
Makes a material misstatement in an application for a license or an application for renewal of a license under s. 448.974.
(b)
Violates any law of this state or federal law that substantially relates to the practice of a physician assistant, violates this subchapter, or violates a rule promulgated under this subchapter.
(c)
Advertises, practices, or attempts to practice under another person's name.
(d)
Engages in unprofessional conduct. In this paragraph, “unprofessional conduct" does not include any of the following:
1.
Providing expedited partner therapy as described in s. 448.9725.
2.
Prescribing or delivering an opioid antagonist in accordance with s. 448.9727 (2).
(e)
Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of a felony.
(f)
Subject to ss. 111.321, 111.322, and 111.34, practices as a physician assistant while his or her ability is impaired by alcohol or other drugs.
(g)
Engages in fraud or deceit in obtaining or using his or her license.
(h)
Is adjudicated mentally incompetent by a court.
(i)
Demonstrates gross negligence, incompetence, or misconduct in practice.
(j)
Knowingly, recklessly, or negligently divulges a privileged communication or other confidential patient health care information except as required or permitted by state or federal law.
(k)
Fails to cooperate with the board, or fails to timely respond to a request for information by the board, in connection with an investigation under this section.
(L)
Prescribes, sells, administers, distributes, orders, or provides a controlled substance for a purpose other than a medical purpose.
(m)
Demonstrates a lack of physical or mental ability to safely practice as a physician assistant.
(n)
Engages in any practice that is outside the scope of his or her experience, education, or training.
(o)
Is disciplined or has been disciplined by another state or jurisdiction based upon acts or conduct similar to acts or conduct prohibited under pars. (a) to (n).
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9785 - Informed consent.

448.9785
Informed consent.
Any physician assistant 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 assistant standard is the standard for informing a patient under this section. The reasonable physician assistant standard requires disclosure only of information that a reasonable physician assistant in the same or a similar medical specialty would know and disclose under the circumstances. The physician assistant's duty to inform the patient under this section does not require disclosure of any of the following:
(1)
Detailed technical information that in all probability a patient would not understand.
(2)
Risks apparent or known to the patient.
(3)
Extremely remote possibilities that might falsely or detrimentally alarm the patient.
(4)
Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.
(5)
Information in cases where the patient is incapable of consenting.
(6)
Information about alternate medical modes of treatment for any condition the physician assistant has not included in his or her diagnosis at the time the physician informs the patient.
History: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9793 - Injunction.

448.9793
Injunction.
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: 2021 a. 23.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9795 - Duty to report.

448.9795
Duty to report.
(1)
A physician assistant who has reason to believe any of the following about another physician assistant shall promptly submit a written report to the board that includes facts relating to the conduct of the other physician assistant:
(a)
The other physician assistant is engaging or has engaged in acts that constitute a pattern of unprofessional conduct.
(b)
The other physician assistant is engaging or has engaged in an act that creates an immediate or continuing danger to one or more patients or to the public.
(c)
The other physician assistant is or may be medically incompetent.
(d)
The other physician assistant is or may be mentally or physically unable safely to engage in the practice of a physician assistant.
(2)
No physician assistant 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: 2021 a. 23.
NOTE: Subch. X (title) was renumbered from subch. IX (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.986 - Implementation of the physical therapy licensure compact.

448.986
Implementation of the physical therapy licensure compact.
(1)
In this section:
(a)
“Compact” means the physical therapy licensure compact under s. 448.985.
(b)
“Compact privilege” means a compact privilege, as defined in s. 448.985 (2) (d), that is granted under the compact to an individual to practice in this state.
(c)
“Examining board” means the physical therapy examining board.
(2)
The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.985 (3) (d).
(3)
The examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.985 (4) (a) 7., if such a requirement is imposed by the examining board under s. 448.54 in order to obtain a license under s. 448.53 or 448.535.
(4)
(a)
An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).
(b)
Subject to s. 448.985 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. III.
History:  2019 a. 100.
NOTE: Subch. XII (title) was renumbered from subch. XI (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
2023 Wisconsin Statutes & Annotations › Chapter 448 - Medical practices. › 448.9875 - Implementation of the occupational therapy licensure compact.

448.9875
Implementation of the occupational therapy licensure compact.
(1)
In this section:
(a)
“Compact” means the occupational therapy licensure compact under s. 448.987.
(b)
“Compact privilege” means a compact privilege, as defined in s. 448.987 (2) (d), that is granted under the compact to an individual to practice in this state.
(c)
“Examining board” means the occupational therapists affiliated credentialing board.
(2)
The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.987 (3) (c).
(3)
The examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.987 (4) (a) 9., if such a requirement is imposed by the examining board under s. 448.964 in order to obtain a license under s. 448.963.
(4)
(a)
An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).
(b)
Subject to s. 448.987 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. VII.
History:  2021 a. 123.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.01 - Definitions.

449.01
Definitions.
(1)
Optometry.
(a)
The practice of the profession of optometry is defined as:
1.
The employment of any optometric means, including topical ocular diagnostic pharmaceutical agents under s. 449.17, to determine the visual efficiency of the human visual system, including refractive and functional abilities, or to diagnose the presence of ocular disease or ocular manifestations of systemic disease and other departures from normal.
2.
The diagnosis and treatment of the refractive and functional ability of the visual system and enhancement of visual performance by any of the following:
a.
Prescribing, furnishing, fitting or employing ophthalmic lenses, contact lenses, frames, aids or prosthetic materials.
b.
Administering visual training, orthoptics, visual therapy or any other optometric means.
c.
Prescribing or administering drugs for ocular therapeutic purposes, dispensing contact lenses that deliver a therapeutic pharmaceutical agent under s. 449.18 (6) (am) 2. b., or removing superficial foreign bodies from the eye or an appendage to the eye under s. 449.18.
3.
Examining into the fact, condition or cause of ocular health or disease, or treating or rendering advice regarding a condition or cause of ocular health or disease, by any optometric means or instrumentality.
4.
Applying principles or techniques of optometric sciences in the diagnosis, prevention or treatment of a condition or cause of ocular health or disease.
(b)
Except as provided in par. (a), the practice of the profession of optometry does not include surgery or medical treatment.
(2)
Dispensing opticians. A dispensing optician is one who practices optical dispensing. The practice of optical dispensing comprises the taking of necessary facial measurements and the processing, fitting and adjusting of mountings, frames, lenses and kindred products in the filling of prescriptions of duly licensed physicians or optometrists for ophthalmic lenses. Duplications, replacements or reproductions not requiring optometric service may be done without prescription. Nothing herein contained shall change the responsibility of physician to patient, or optometrist to patient.
(4)
Examining board. In this chapter, “examining board" means optometry examining board.
History:  1977 c. 83, 280; 1979 c. 32; 1989 a. 31; 1999 a. 85; 2009 a. 168.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.015 - Discrimination prohibited.

449.015
Discrimination prohibited.
Any agency of the state, county, municipality or school district shall accept the optometric services of optometrists licensed under this chapter, on the same basis as those of any other person authorized by law to render optometric services.
History:  1999 a. 85 s. 105.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.02 - Licenses; exemptions.

449.02
Licenses; exemptions.
(1)
No person shall practice optometry within the meaning of this chapter without a license to do so and a valid certificate of registration issued by the examining board, except that a dispensing optician need not be so licensed for the practice of optical dispensing.
(2)
This section shall not apply to physicians and surgeons duly licensed as such in Wisconsin nor shall this section apply to the sale of spectacles containing simple lenses of a plus power only at an established place of business incidental to other business conducted therein, without advertising other than price marking on the spectacles, if no attempt is made to test the eyes. The term “simple lens" shall not include bifocals.
(3)
This section does not apply to a person who practices optometry under the supervision of an optometrist licensed under this chapter. The examining board shall promulgate rules specifying the conditions for supervision required under this subsection.
History:  2005 a. 297.
An ophthalmic assistant performing functions within the definition of optometry delegated and supervised by an ophthalmologist is not engaged in the unlawful practice of optometry. A certified optometric technician who performs services within the definition of optometry delegated and supervised by a licensed optometrist is engaged in the unlicensed practice of optometry. 74 Atty. Gen. 146.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.03 - Enforcement.

449.03
Enforcement.
(1)
No rule made by the examining board shall expand the practice of optometry or affect the practice of dispensing opticians, nor shall the examining board enact rules which forbid the employment of an optometrist or declare such employment unprofessional conduct, or prohibit the operation of an optometric department by optometrists in a mercantile establishment.
(2)
The chairperson or the secretary of the examining board shall cause actions to be instituted for violations of this chapter. The district attorney of the county in which the offense has been committed shall promptly prosecute upon being informed thereof from any source.
History:  1979 c. 162 s. 38 (10); 2005 a. 297; 2011 a. 257 s. 55.
Under sub. (1), the board is prohibited from enacting rules that affect the practice of dispensing opticians or forbidding the employment by them of optometrists or declaring such employment unprofessional conduct. Feinberg v. Hasler, 63 Wis. 2d 268, 217 N.W.2d 334 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.04 - Examination and licensure.

449.04
Examination and licensure.
(1)
The examining board may grant a license to engage in the practice of optometry only to a person who satisfies all of the following conditions:
(a)
The person presents proof satisfactory to the examining board that, subject to ss. 111.321, 111.322, and 111.335, he or she does not have an arrest or conviction record.
(b)
The person has graduated from an accredited college of optometry approved and recognized by the examining board.
(c)
The person passes an examination approved or conducted by the examining board.
(d)
The person pays the fee specified in s. 440.05 (1).
(2)
The examination shall reasonably relate to the skills likely to be needed for an applicant to practice optometry in this state at the time of examination and shall seek to determine the applicant's preparedness to exercise such skills. The examination shall test knowledge regarding general and ocular pharmacology as it relates to optometry with particular emphasis on the use of topical ocular diagnostic pharmaceutical agents and therapeutic pharmaceutical agents, including the treatment of adverse reactions to such pharmaceutical agents, and knowledge regarding the removal of foreign bodies from an eye or from an appendage to the eye. The examination shall also test knowledge of state laws and administrative rules regarding the practice of optometry. The examining board may do any of the following:
(a)
Prepare, administer, and grade the examination.
(b)
Approve in whole or in part an examination prepared, administered, and graded by the national board of examiners in optometry or another examination provider approved by the examining board.
(c)
Approve and administer an examination prepared and graded by or under the direction of the national board of examiners in optometry or another examination provider approved by the examining board.
History:  1977 c. 29, 418; 1991 a. 39; 2005 a. 297; 2013 a. 114 ss. 19, 20, 22, 23.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.055 - Endorsement.

449.055
Endorsement.
The examining board may issue a license and certificate of registration to a person who is licensed in good standing to practice optometry in another state that has substantially similar requirements if all of the following conditions are satisfied:
(1)
The person has passed an examination in pathology and practical optometry.
(2)
The person passes an examination that tests knowledge of state and federal laws and administrative rules and regulations regarding the practice of optometry.
(3)
The person pays the fee specified in s. 440.05 (1).
(4)
The person submits satisfactory evidence that the person has actually practiced in the other state for 5 years.
(5)
The person satisfies the requirements under s. 449.04 (1) (a) and (b).
(6)
The person has completed the study specified in ss. 449.17 (1m) (b) and 449.18 (2) (a) 2. and passes the examinations specified in ss. 449.17 (1m) (c) and 449.18 (2) (a) 3.
History:  2005 a. 297, ss. 16 to 19; 2013 a. 114.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.06 - Renewal; continuing education.

449.06
Renewal; continuing education.
(1)
Persons practicing optometry shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), register with the department, pay the applicable renewal fee determined by the department under s. 440.03 (9) (a), and provide evidence satisfactory to the examining board that he or she has complied with the rules promulgated under sub. (2m).
(2m)
The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), not less than 30 hours of continuing education. The rules shall include requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.
History:  1977 c. 29; 1991 a. 39, 207; 2005 a. 297; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.065 - Display of registration.

449.065
Display of registration.
Every practicing optometrist shall display in a conspicuous place, at the entrance of his or her office, the name of the person so practicing and shall keep the certificate of registration issued by the examining board conspicuously displayed in that place of business so that it can easily be seen and read.
History:  2005 a. 297, s. 22.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.07 - Denial, limitation, suspension, revocation, reprimand.

449.07
Denial, limitation, suspension, revocation, reprimand.
(1)
The examining board, by order, may reprimand and may deny, limit, suspend or revoke any license or certificate of registration if the licensee or registrant:
(a)
Obtained the license or certificate through error or fraud;
(b)
Is grossly incompetent;
(c)
Is habitually drunk or addicted to the use of habit-forming drugs;
(d)
Has been convicted in a court of competent jurisdiction, either within or without this state, of any violation of any law governing the practice of optometry 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;
(e)
Has obtained or sought to obtain anything of value by fraudulent representation in the practice of optometry;
(f)
Is guilty of immoral or unprofessional conduct;
(fm)
Violates s. 449.17, 449.18 or 449.19;
(g)
Continued practice, knowingly having an infectious or contagious disease; or
(h)
If the applicant or registrant maintains a professional connection or association with any other person continuing to violate this chapter after 10 days' notice in writing by the examining board.
(3)
Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12.
History:  1975 c. 39, 199; 1977 c. 29, 125, 280; 1977 c. 418 ss. 851, 853; 1979 c. 162; 1981 c. 334 s. 25 (1); 1983 a. 289; 1989 a. 31; 1991 a. 39; 1997 a. 191, 237.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.08 - Unprofessional conduct.

449.08
Unprofessional conduct.
(1)
Unprofessional conduct includes without limitation because of enumeration:
(a)
Any conduct of a character likely to deceive or defraud the public;
(b)
Loaning of an optometric license or certificate to anyone;
(d)
Splitting or dividing any fee for optometric service with any person, except an associate licensed optometrist; or
(e)
Engaging in conduct unbecoming a person licensed to practice.
(2)
Unprofessional advertising includes advertising professional superiority or the performance of professional services in a superior manner.
History:  1977 c. 362; 1979 c. 337; 2005 a. 297.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.09 - Investigations.

449.09
Investigations.
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 optometrist or any person who, it has reason to believe, is acting or has acted in such capacity within the state. The person complained against may proceed to review such action of the examining board under ch. 227.
History:  1977 c. 418.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.10 - Advertising.

449.10
Advertising.
No rule of the examining board, unless intended to regulate false or misleading advertising, may restrict advertising on products and nonvariable services. In this section, “nonvariable services" means services for which a fee can be objectively determined prior to the time the services are rendered.
History:  1977 c. 362.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.11 - Penalties.

449.11
Penalties.
Any person not lawfully authorized to practice optometry, who shall practice optometry or shall hold himself or herself out as a practitioner thereof, or who shall impersonate another practitioner or who shall violate any provisions of this chapter, or any rule or regulation made under authority thereof, shall be punished for the first offense by a fine not less than $50 nor more than $200, or by imprisonment for not more than 3 months, or both. And for a subsequent offense by a fine not less than $200 nor more than $500 or by imprisonment for not less than 3 nor more than 6 months, or both.
History:  1979 c. 162 s. 38 (9).
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.19 - Referral to other health care professionals.

449.19
Referral to other health care professionals.
If, during the course of examining a person, an optometrist determines the existence of a pathological condition requiring treatment outside the scope of the practice of optometry, the optometrist shall so advise the person and shall refer the person to an appropriate health care professional, as defined in s. 180.1901 (1m), for further evaluation.
History:  1977 c. 280; 1989 a. 31; 2005 a. 297.
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.20 - Civil immunity.

449.20
Civil immunity.
No optometrist shall be liable for any civil damages for either of the following:
(1)
Reporting in good faith to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to the vision of the patient which in the optometrist's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
(2)
In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to the vision of the patient which in the optometrist's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.
History:  1987 a. 215.