Wisconsin Administrative Code › Podiatry Affiliated Credentialing Board › Chapter Pod 2 - Unprofessional Conduct › Section Pod 2.01 - Definition

Current through June 24, 2024
The term "unprofessional conduct" is defined to mean and
				include but not be limited to the following, or aiding or abetting the
				same:
(1) Violating or attempting to
			 violate any provision or term of subch. IV of ch. 448, Stats., or of any valid
			 rule of the board.
(2) Violating or
			 attempting to violate any term, provision, or condition of any order of the
			 board.
(3) Knowingly making or
			 presenting or causing to be made or presented any false, fraudulent, or forged
			 statement, writing, certificate, diploma, or other thing in connection with any
			 application for a license.
(4)
			 Practicing fraud, forgery, deception, collusion, or conspiracy in connection
			 with any examination for a license.
(5) Engaging or attempting to engage in
			 practice under any license under any given name or surname other than that
			 under which originally licensed or registered to practice in this or any other
			 state. This subsection does not apply to change of name resulting from
			 marriage, divorce, or order by a court of record.
(6) Engaging or attempting to engage in the
			 unlawful practice of podiatric medicine and surgery or treating the
			 sick.
(7) Any practice or conduct
			 which tends to constitute a danger to the health, welfare, or safety of a
			 patient or the public.
(8)
			 Practicing or attempting to practice under any license when unable to do so
			 with reasonable skill and safety to patients.
(9) Practicing or attempting to practice
			 under any license beyond the scope of that license.
(10) Offering, undertaking, or agreeing to
			 treat or cure a disease or condition by a secret means, method, device, or
			 instrumentality; or refusing to divulge to the board upon demand the means,
			 method, device, or instrumentality used in the treatment of a disease or
			 condition.
(11) Representing that a
			 manifestly incurable disease or condition can be or will be permanently cured;
			 or that a curable disease or condition can be cured within a stated time, if
			 such is not the fact.
(12)
			 Knowingly making any false statement, written or oral, in practicing under any
			 license, with fraudulent intent; or obtaining or attempting to obtain any
			 professional fee or compensation of any form by fraud or deceit.
(13) Willfully divulging a privileged
			 communication or confidence entrusted by a patient or deficiencies in the
			 character of patients observed in the course of professional attendance, unless
			 lawfully required to do so.
(14)
			 Engaging in uninvited, in-person solicitation of actual or potential patients
			 who, because of their particular circumstances, are vulnerable to undue
			 influence, or engaging in false, misleading or deceptive advertising.
(15) Administering, dispensing, prescribing,
			 supplying, or obtaining controlled substances as defined in s. 961.01(4),
			 Stats., other than in the course of legitimate professional practice, or as
			 otherwise prohibited by law.
(16)
			 Having a license, certificate, permit, registration, or other practice
			 credential granted by another state or by any agency of the federal government
			 to practice medicine and surgery, which becomes limited, restricted, suspended,
			 or revoked, or having been subject to other adverse action by the state
			 licensing authority or by any agency of the federal government, including but
			 not limited to the denial or limitation of an original credential, or the
			 surrender of a credential, whether or not accompanied by findings of negligence
			 or unprofessional conduct.
(17)
			 Conviction of any crime which may relate to practice under any license, or of
			 violation of any federal or state law regulating the possession, distribution,
			 or use of controlled substances as defined in s. 961.01(4), Stats. A certified
			 copy of a judgment of a court of record showing such conviction, within this
			 state or without, shall be presumptive evidence thereof.
(18) Prescribing, ordering, dispensing,
			 administering, supplying, selling, or giving any amphetamine, sympathomimetic
			 amine drug or compound designated as a schedule II controlled substance
			 pursuant to the provisions of s. 961.16(5), Stats., to or for any person
			 except for use as an adjunct to opioid analgesic compounds for treatment of
			 cancer-related pain.
(19) Aiding or
			 abetting the unlicensed practice of podiatric medicine or representing that
			 unlicensed persons practicing under supervision are licensed.
(20) Failure of a licensee whose principal
			 place of practice is in this state to submit to the board on or before June 30
			 of each year evidence that the podiatrist has in effect malpractice liability
			 insurance coverage in the amount of at least $1,000,000 per occurrence and
			 $1,000,000 for all occurrences in one year.
(21) Using in advertising the term "board
			 certified" or a similar phrase of like meaning by a licensee unless certified
			 by the American Board of Foot and Ankle Surgery or the American Board of
			 Podiatric Medicine, and unless disclosure is made in the advertising of the
			 complete name of the board which conferred the certification.
(22) Violating or aiding and abetting the
			 violation of any law or administrative rule or regulation, the circumstances of
			 which substantially relate to the circumstances of the practice of podiatric
			 medicine and surgery.
(23) Failure
			 by a licensee to maintain patient health care records consistent with the
			 requirements of ch. Pod 6.
(24)
			 Performing deceptive, misleading, or fraudulent treatment, evaluation, or
			 medical or surgical services.