Wis. Admin. Code Med — Medical Examining Board

Chapter Med 1 LICENSE TO PRACTICE MEDICINE AND SURGERY

Wis. Admin. Code § Med 1.01 Authority and purpose {#sec-med-1.01 omnilex-key=us-wi-regs-official--agency-med--Med 1.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11, 448.05 (2) (c), and 448.40, Stats., and govern application and examination for license to practice medicine and surgery under s. 448.04 (1) (a), Stats.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; CR 16-047: am. Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 1.015 Definitions {#sec-med-1.015 omnilex-key=us-wi-regs-official--agency-med--Med 1.015}

As used in this chapter:

(1) “FLEX” means the federated licensing examination.

(2) “NBME” means the national board of medical examiners examination.

(2m) “Regular license” means a license to practice medicine and surgery under s. 448.04 (1) (a), Stats.

(3) “USMLE” means the United States medical licensing examination.

History

Cr. Register, January, 1994, No. 457, eff. 2-1-94; CR 16-047: cr. (2m) Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 1.02 Applications and credentials {#sec-med-1.02 omnilex-key=us-wi-regs-official--agency-med--Med 1.02}

Every person applying for regular license to practice medicine and surgery shall make application therefor on forms provided for this purpose by the board and shall submit to the board the following:

(1) A completed and verified application form.

(2) Verified documentary evidence of graduation from a medical or osteopathic school approved by the board. The board recognizes as approved those medical or osteopathic schools accredited at the time of the applicant’s graduation therefrom by the American Osteopathic Association, or the Liaison Committee on Medical Education, or their successors. If an applicant is not a graduate of a medical school approved by the board, but is a graduate of a medical school recognized and listed as such by the World Directory of Medical Schools or its predecessor the International Medical Education Directory, such applicant shall submit verified documentary evidence of graduation from such school and also verified documentary evidence of having passed the examinations required by the Educational Council for Foreign Medical Graduates or successors, and shall also present for the board’s inspection the originals thereof, and if such medical school requires either social service or internship or both of its graduates, and if the applicant has not completed either such required social service or internship or both, such applicant shall also submit verified documentary evidence of having completed a 12 month supervised clinical training program under the direction of a medical school approved by the board.

(3)

(a) Verification of satisfactory completion by the applicant of 24 months of postgraduate training in one or more programs accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or a successor organization; or documentary evidence that the applicant is currently enrolled in a postgraduate training program accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or the Royal College of Physicians and Surgeons of Canada, or a successor organization and has received credit for 12 consecutive months of postgraduate training in that program and an unrestricted endorsement from the postgraduate training director that the applicant is expected to complete at least 24 months of postgraduate training.

(b) If an applicant is a graduate of a foreign allopathic or osteopathic medical school, then the applicant must provide a verified certificate showing satisfactory completion of 24 months of postgraduate training in one or more programs accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the Royal College of Physicians and Surgeons of Canada, or a successor organization; or documentary evidence that the applicant is currently enrolled in a postgraduate training program accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the Royal College of Physicians and Surgeons of Canada, or a successor organization and has received credit for 12 consecutive months of postgraduate training in that program and an unrestricted endorsement from the postgraduate training director that the applicant is expected to complete at least 24 months of postgraduate training.

(c) If the applicant possesses a medical license issued by another jurisdiction and has not completed 24 months of postgraduate training approved by the board and is not currently enrolled in a postgraduate training program but the applicant has other professional experience which the applicant believes has given that applicant the education and training substantially equivalent to 24 months of postgraduate training, then the applicant may submit the documented education and training demonstrating substantially equivalent education and training. The board will review the documented education and training and may make further inquiry, including a personal interview of the applicant, as the board deems necessary to determine whether substantial equivalence in fact exists. The burden of proof of such equivalence shall lie upon the applicant. If the board finds that the documented education and training is substantially equivalent to the required training and experience the board may grant a waiver of the requirements under par. (a) or (b).

(cm) An applicant may apply to the board for waiver of the requirements of par. (a) or (b) on grounds of prolonged illness or disability or other similar hardship, and each case will be considered individually on its merits by the board.

(d) The board approves of the training programs accredited by the following organizations: the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the Liaison Committee on Medical Education, the American Association of Colleges of Osteopathic Medicine, and the National Joint Committee on Approval of Pre-Registration of Physician Training Programs of Canada, or their successor organizations.

(4) An unmounted photograph, approximately 8 by 12 cm., of the applicant taken not more than 60 days prior to the date of application and bearing on the reverse side the statement of a notary public that such photograph is a true likeness of the applicant.

(5) A verified statement that the applicant is familiar with the state health laws and the rules of the department of health services as related to communicable diseases.

(6) The required fees made payable to the Wisconsin department of safety and professional services.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; cr. (6), Register, February, 1997, No. 494, eff. 3-1-97; correction in (5) made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1999, No. 528; correction in (5), (6) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 13-090: am. (2) Register April 2014 No. 700, eff. 5-1-14; EmR1505: emerg. r. and recr. (3), eff. 4-1-15; CR 15-022: r. and recr. (3) Register October 2015 No. 718, eff. 11-1-15; CR 16-047: am. (2), (3) (a) to (c), cr. (3) (cm) Register May 2017 No. 737, eff. 6-1-17; correction in (3) (a) under s. 35.17, Stats., Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 1.03 Translation of documents {#sec-med-1.03 omnilex-key=us-wi-regs-official--agency-med--Med 1.03}

If any of the documents required under this chapter are in a language other than English, the applicant shall also submit a verified English translation thereof, and the cost of such translation shall be borne by the applicant.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76.

Wis. Admin. Code § Med 1.05 Fees {#sec-med-1.05 omnilex-key=us-wi-regs-official--agency-med--Med 1.05}

The required fees must accompany the application, and all remittances must be made payable to the Wisconsin medical examining board.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76.

Wis. Admin. Code § Med 1.06 Panel review of applications; examinations required {#sec-med-1.06 omnilex-key=us-wi-regs-official--agency-med--Med 1.06}

(1)

(a) All applicants shall complete the examination under sub. (3) (b). In addition, an applicant may be required to complete an oral examination if the applicant:

Has a medical condition which in any way impairs or limits the applicant’s ability to practice medicine and surgery with reasonable skill and safety.
Uses chemical substances so as to impair in any way the applicant’s ability to practice medicine and surgery with reasonable skill and safety.
Has been disciplined or had licensure denied by a licensing or regulatory authority in Wisconsin or another jurisdiction.
Has been found to have been negligent in the practice of medicine or has been a party in a lawsuit in which it was alleged that the applicant had been negligent in the practice of medicine.
Has been convicted of a crime the circumstances of which substantially relate to the practice of medicine.
Has lost, had reduced or had suspended his or her hospital staff privileges, or has failed to continuously maintain hospital privileges during the applicant’s period of licensure following post-graduate training.
Has been graduated from a medical school not approved by the board.
Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.
Has engaged in the illegal use of controlled substances.
Has been subject to adverse formal action during the course of medical education, postgraduate training, hospital practice, or other medical employment.
Has not practiced medicine and surgery for a period of 3 years prior to application, unless the applicant has been graduated from a school of medicine within that period.

(b) An application filed under s. Med 1.02 shall be reviewed by an application review panel of at least 2 board members designated by the chairperson of the board. The panel shall determine whether the applicant is eligible for a regular license without completing an oral examination.

(d) All written examinations and oral examinations as required shall be scored separately and the applicant shall achieve a passing grade on all examinations to qualify for a license.

(2) The board will notify each applicant required to complete an oral examination of the time and place scheduled for that applicant’s examination. Failure of an applicant to appear for an examination as scheduled may void that applicant’s application and require the applicant to reapply for licensure, unless prior scheduling arrangements have been made with the board by the applicant.

(3)

(a) The board accepts the results of the FLEX administered on or before December 31, 1993, as its written examination and requires a score of not less than 75 on both Component 1 and Component 2 of the FLEX administered on or after January 1, 1985.

(b) Commencing January 1, 1994, the board requires the 3-step USMLE sequence as its written or computer-based examination. The minimum passing score for Step 1, Step 2 CK, and Step 3 shall be not less than 75 on the 2-digit scale. Step 2 CS, which is scored as pass or fail, shall be passed. Applicants who have completed a standard M.D. or D.O. medical education program shall complete all 3 steps of the examination sequence within 10 years from the date upon which the applicant first passes a step, either Step 1 or Step 2. Applicants who have completed a combined M.D. or D.O. and Ph.D. medical scientist training program shall complete all 3 steps of the examination sequence within 12 years from the date upon which the applicant first passes a step, either Step 1 or Step 2. Applicants who have passed a step may not repeat the step unless required to do so in order to comply with the 10-year or 12-year time limit. If the applicant fails to achieve a passing grade on any step, the applicant may apply for and be reexamined on only the step failed.

Note: The 10-year or 12-year time limit applies to all applicants, regardless of the date of application, including applicants denied under the prior 7-year or 9-year time limit who submit a new application for licensure.

(bm) The board shall waive completion of the 3-step USMLE sequence for an applicant who has passed all 3 levels of the Comprehensive Osteopathic Medical Licensing Examination, commonly known as the COMLEX-USA. The applicant shall have achieved a minimum passing score for Level 1, Level 2-CE, and Level 3 of not less than 75 on the 2-digit scale. Level 2-PE, which is scored as pass or fail, shall be passed.

(c) The board shall waive completion of Steps 1 and 2 of the USMLE sequence for applicants who have passed FLEX Component 1 prior to January 1, 2000; and shall waive Step 3 of the USMLE sequence for applicants who have passed FLEX Component 2 prior to January 1, 2000. The board shall waive any step of the USMLE sequence for applicants who have passed the corresponding part of the NBME examination prior to January 1, 2000.

Note: The following table represents application of s. Med 1.06 (3) (c)

(d) The board may waive the requirement for written or computer-based examinations required in this section for any applicant who has achieved an overall FLEX weighted average of no less than 75 on the FLEX taken prior to January 1, 1985 in a single session in another licensing jurisdiction in the United States or Canada, in no more than 3 attempts. If the applicant had been examined 4 or more times before achieving a weighted average score of no less than 75, the applicant shall meet the requirements specified in s. Med 1.08.

(e) The board may waive the requirement for written or computer-based examinations required in this section for any applicant who has achieved a score of no less than 75 on Components 1 and 2 of the FLEX administered on or after January 1, 1985 in another licensing jurisdiction in the United States or Canada, if the applicant achieved a score of no less than 75 on each of the 2 components in no more than 3 attempts. If the applicant has been examined 4 or more times before achieving a score of 75 on either or both components of the FLEX, the applicant shall meet the requirements specified in s. Med 1.08.

(f) An applicant who has passed all components of any of the examinations of the following boards and councils may submit to the board verified documentary evidence thereof, and the board will accept this in lieu of requiring further written or computer-based examination of the applicant:

National Board of Medical Examiners.
National Board of Osteopathic Medical Examiners.
Medical Council of Canada, if the examination is taken on or after January 1, 1978.
Medical Council of Canada, if the examination was taken before January 1, 1978, and the applicant is board certified at the time of application by a specialty board acceptable to the board.

(g) An applicant who has received passing grades in written or computer-based examinations for a license to practice medicine and surgery conducted by another licensing jurisdiction of the United States or Canada may submit to the board verified documentary evidence thereof. The board will review such documentary evidence to determine whether the scope and passing grades of such examinations are substantially equivalent to those of this state at the time of the applicant’s examination, and if the board finds such equivalence, the board will accept this in lieu of requiring further written or computer-based examination of the candidate. The burden of proof of such equivalence shall lie upon the applicant.

(4)

(a) An oral examination of an applicant is conducted by one or more physician members of the board. The purpose of an oral exam is to evaluate the applicant’s eligibility for a regular license under the applicable circumstances specified in s. Med 1.06 (1) (a) 1. to 11. The passing grade for an oral exam under this paragraph is 90 percent.

(b) Any applicant who fails the oral examination under par. (a) shall be examined by the board. The grade of an exam under this paragraph shall be the applicant’s final grade for the oral examination under this subsection. The passing grade for an exam under this paragraph is 90 percent.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. (4), Register, August, 1979, No. 284, eff. 9-1-79; am. (3) (b), cr. (3) (b) 1. to 3., Register, October, 1980, No. 298, eff. 11-1-80; cr. (5), Register, October, 1984, No. 346, eff. 11-1-84; emerg. am. (3) (intro.), r. and recr. (3) (a), renum. (3) (b) and (c) to be (3) (c) and (d), cr. (3) (b) eff. 2-8-85; am. (3) (intro.), r. and recr. (3) (a), renum. (3) (b) and (c) to be (3) (c) and (d), cr. (3) (b), Register, September, 1985, No. 357, eff. 10-1-85; r. and recr. (1) Register, April, 1987, No. 376, eff. 5-1-87; renum. (3) (intro), (a), (b), (c) (intro) and (d) to be (3) (a), (d), (e), (f) (intro.) and (g) and am. (a), (d), (e) and (f) (intro.), cr. (3) (b) and (c), Register, January, 1994, No. 457, eff. 2-1-94; am. (1) (a) (intro.), 3. to 6. and (d), r. and recr. (1) (a) 1. and 2., cr. (1) (a) 8. to 11., Register, February, 1997, No. 494, eff. 3-1-97; am. (1) (a) (intro.), (d), (3) (a), (b), (d), (e), (f) (intro.) and (g), Register, March, 2000, No. 531, eff. 4-1-00; CR 01-032: am. (3) (b), Register October 2001 No. 550, eff. 11-1-01; CR 03-072: am. (3) (f), cr. (3) (f) 4. Register January 2004 No. 577, eff. 2-1-04; CR 06-114: am. (3), Register April 2007 No. 616, eff. 5-1-07; CR 15-022: am. (1) (a) (intro.), (b), (d), r. (4) Register October 2015 No. 718, eff. 11-1-15; CR 16-047: am. (1) (a) (intro.), 9., (b), (d), (2), (3) (a), (b), cr. (3) (bm), am. (3) (c) to (e), (f) (intro.), 2., cr. (4), r. (5) Register May 2017 No. 737, eff. 6-1-17; correction in (3) (d), (e) made under s. 13.92 (4) (b) 7., Stats., Register May 2017 No. 737; correction in (3) (d) made under s. 35.17, Stats., Register December 2024 No. 828.

Wis. Admin. Code § Med 1.08 Failure and reexamination {#sec-med-1.08 omnilex-key=us-wi-regs-official--agency-med--Med 1.08}

If an applicant has been examined 4 or more times in another licensing jurisdiction in the United States or Canada before achieving a passing grade in written or computer-based examinations also required under this chapter, the board may require the applicant to submit evidence satisfactory to the board of further professional training or education in examination areas in which the applicant had previously demonstrated deficiencies. If the evidence provided by the applicant is not satisfactory to the board, the board may require the applicant to obtain further professional training or education as the board deems necessary to establish the applicant’s fitness to practice medicine and surgery in this state. In order to determine any further professional training or education requirement, the board shall consider any information available relating to the quality of the applicant’s previous practice, including the results of the applicant’s performance on the oral examination required under s. 448.05 (6), Stats., and s. Med 1.06.

Note: Application forms are available on request to the board office, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. (1) and cr (2), Register, September, 1985, No. 357, eff. 10-1-85; am. (2), Register, March, 2000, No. 531, eff. 4-1-00; CR 15-022: am. (2) Register October 2015 No. 718, eff. 11-1-15; CR 16-047: r. (1), am. (2) Register May 2017 No. 737, eff. 6-1-17; renum. (2) to Med 1.08 under s. 13.92 (4) (b) 7., Stats., Register May 2017 No. 737.

Wis. Admin. Code § Med 1.10 Board review of examination error claim {#sec-med-1.10 omnilex-key=us-wi-regs-official--agency-med--Med 1.10}

(1) An applicant claiming examination error shall file a written request for board review in the board office within 30 days of the date the examination was reviewed. The request shall include all of the following:

(a) The applicant’s name and address.

(b) The type of license for which the applicant applied.

(c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.

(d) The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

(2) The board shall review the claim, make a determination of the validity of the objections and notify the applicant in writing of the board’s decision and any resulting grade changes.

(3) If the decision does not result in the applicant passing the examination, a notice of denial of license shall be issued. If the board issues a notice of denial following its review, the applicant may request a hearing under s. SPS 1.05.

Note: The board office is located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter Med 2 TEMPORARY LICENSE TO PRACTICE MEDICINE AND SURGERY

Wis. Admin. Code § Med 2.01 Authority and purpose {#sec-med-2.01 omnilex-key=us-wi-regs-official--agency-med--Med 2.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11, and 448.40, Stats., and govern application for, and issuance of, temporary license to practice medicine and surgery as provided in s. 448.04 (1) (b) 1., Stats., (hereinafter “temporary license prior to regular license”).

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.

Wis. Admin. Code § Med 2.02 Applications, credentials, eligibility, and issuance {#sec-med-2.02 omnilex-key=us-wi-regs-official--agency-med--Med 2.02}

An applicant who is a graduate of a medical school in this state, or of whom the board will require no further examination under the provisions of s. Med 1.06 (3), may make application to the board for temporary license prior to regular license to practice medicine and surgery. In either case, the applicant shall have submitted to the board the application and documents required under ch. Med 1 for regular license to practice medicine and surgery, and shall in addition submit to the board an application for temporary license prior to regular license on forms provided for that purpose by the board. The application shall be made not less than 30 days prior to the next scheduled examinations for regular license. The application and required documents for regular license to practice medicine and surgery and the application for temporary license prior to regular license will be reviewed by 2 officers of the board. In the case of an applicant of whom the board will require no further written or computer-based examination, upon the finding of the 2 officers of the board that the applicant is qualified for regular license except for having taken and passed the oral examination required under s. Med 1.06, the board, acting through the 2 officers, may issue a temporary license prior to regular license to practice medicine and surgery to the applicant. In the case of an applicant who is a graduate of a medical school in this state, upon the finding of the 2 officers of the board that the applicant is eligible for admission to examination for regular license under s. Med 1.06, the board, acting through the 2 officers, may issue a temporary license prior to regular license to practice medicine and surgery to the applicant.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, March, 2000, No. 531, eff. 4-1-00.

Wis. Admin. Code § Med 2.03 Fees {#sec-med-2.03 omnilex-key=us-wi-regs-official--agency-med--Med 2.03}

The required fees must accompany the application, and all remittances must be made payable to the Wisconsin department of safety and professional services.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, February, 1997, No. 494, eff. 3-1-97; correction made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674.

Wis. Admin. Code § Med 2.04 Expiration {#sec-med-2.04 omnilex-key=us-wi-regs-official--agency-med--Med 2.04}

A temporary license prior to regular license to practice medicine and surgery granted under this chapter shall expire by its terms 60 days after the next scheduled examination for regular license, or on the date following the examination of an applicant on which the board grants or denies the applicant a regular license to practice medicine and surgery, whichever occurs first. A regular license to practice medicine and surgery is deemed denied by the board on the date the applicant is sent notice from the board that he or she has failed the examination for regular license to practice medicine and surgery.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, January, 1994, No. 457, eff. 2-1-94; am. Register, March, 2000, No. 531, eff. 4-1-00.

Wis. Admin. Code § Med 2.05 No renewal provision {#sec-med-2.05 omnilex-key=us-wi-regs-official--agency-med--Med 2.05}

A temporary license prior to regular license to practice medicine and surgery shall be issued only once to the same person.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76.

Chapter Med 3 VISITING PHYSICIAN LICENSE

Wis. Admin. Code § Med 3.01 Authority and purpose {#sec-med-3.01 omnilex-key=us-wi-regs-official--agency-med--Med 3.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11 (2) (a) and 448.40, Stats., and govern application for a restricted license to practice medicine and surgery as a visiting physician under 448.04 (1) (bg), Stats., (hereinafter “visiting physician license”), and also govern practice thereunder.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; EmR1505: emerg. am., eff. 4-1-15; CR 15-022: am. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 3.02 Applications, credentials, and eligibility {#sec-med-3.02 omnilex-key=us-wi-regs-official--agency-med--Med 3.02}

An applicant who is a graduate of an allopathic medical school or an osteopathic medical school that is approved by the board and who is invited to teach, conduct research, or practice medicine and surgery at a medical education facility, medical research facility, or medical school in this state as a visiting physician may apply to the board for a visiting physician license and shall submit to the board all of the following:

(1) A completed and verified application, which includes proof that the applicant has graduated from and possesses a diploma from an allopathic medical or osteopathic medical school that is approved by the board.

(1m) Documentary evidence of licensure to practice medicine and surgery.

(2) A signed letter from the president or dean or delegate of the president or dean of a medical school, or facility in this state indicating that the applicant intends to teach, conduct research, or practice medicine and surgery at a medical education facility, medical research facility, or medical school in this state.

(3) A curriculum vitae setting out the applicant’s education and qualifications.

(5) A verified statement that the applicant is familiar with the state health laws and the rules of the department of health services as related to communicable diseases.

(7) Documentary evidence of postgraduate training completed in the United States or foreign countries.

(8) Oral interview conducted at the discretion of the board.

(9) Documentary evidence that the applicant teaches medicine, engages in medical research, or practices medicine and surgery outside of Wisconsin.

(10) The required fees determined under s. 440.03 (9) (a), Stats.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. (1) and (3), cr. (6), (7) and (8), Register, January, 1979, No. 277, eff. 2-1-79; correction in (5) made under s. 13.93 (2m) (b) 6., Stats. Register, December, 1999, No. 528; correction in (5) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; EmR1505: emerg. am. (intro.), (1), cr. (1m), am. (2), (3), r. (4), (6), am. (7), (8), cr. (9) eff. 4-1-15; CR15-022: am. (intro.), (1), cr. (1m), am. (2), (3), r. (4), (6), am. (7), (8), cr. (9), (10) Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 3.03 Fees {#sec-med-3.03 omnilex-key=us-wi-regs-official--agency-med--Med 3.03}

The required fees must accompany the application, and all remittances must be made payable to the Wisconsin department of safety and professional services.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, February, 1997, No. 494, eff. 3-1-97; correction made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671.

Wis. Admin. Code § Med 3.04 Practice limitations {#sec-med-3.04 omnilex-key=us-wi-regs-official--agency-med--Med 3.04}

The holder of a visiting physician license may practice medicine and surgery as defined in s. 448.01 (9), Stats., providing such practice is entirely limited to the medical education facility, medical research facility, or medical school where the license holder is teaching, conducting research, or practicing medicine and surgery, and is limited to the terms and restrictions established by the board.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; EmR1505: emerg. am., eff. 4-1-15; CR 15-022: am. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 3.05 Expiration and renewal {#sec-med-3.05 omnilex-key=us-wi-regs-official--agency-med--Med 3.05}

A visiting physician license is valid for one year and remains valid only while the license holder is actively engaged in teaching, conducting research, or practicing medicine and surgery and is lawfully entitled to work in the United States. The visiting physician license may be renewed at the discretion of the board.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; EmR1505: emerg. r. and recr., eff. 4-1-15; CR 15-022: r. and recr. Register October 2015 No. 718, eff. 11-1-15.

Chapter Med 4 CAMP PHYSICIAN OR LOCUM TENENS LICENSE

Wis. Admin. Code § Med 4.01 Authority and purpose {#sec-med-4.01 omnilex-key=us-wi-regs-official--agency-med--Med 4.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11, and 448.40, Stats., and govern application for, and issuance of, temporary license to practice medicine and surgery under s. 448.04 (1) (b) 3., Stats., (hereinafter “camp physician or locum tenens license”), and also govern practice thereunder.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.

Wis. Admin. Code § Med 4.02 Applications, credentials, and eligibility {#sec-med-4.02 omnilex-key=us-wi-regs-official--agency-med--Med 4.02}

An applicant who holds a valid license to practice medicine and surgery issued by another licensing jurisdiction of the United States or Canada may apply to the board for temporary camp physician or locum tenens license and shall submit to the board the following:

(1) A completed and verified application form supplied by the board for this purpose.

(2) A letter from a physician licensed to practice medicine and surgery in this state requesting the applicant’s services, or a letter from a camp organization or other recreational facility of this state requesting the applicant’s services.

(3) A verified photostatic copy of a license to practice medicine and surgery in another licensing jurisdiction of the United States or Canada issued to the applicant and verified documentary evidence of the applicant’s current eligibility to practice under that license in that jurisdiction.

(4) A recent photograph of the applicant as required under s. Med 1.02 (4).

(5) A verified statement that the applicant is familiar with the state health laws and the rules of the department of health services as related to communicable diseases.

(6) The required fees made payable to the Wisconsin department of safety and professional services.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; cr. (6), Register, February, 1997, No. 494, eff. 3-1-97; correction in (5) made under s. 13.93 (2m) (b) 6., Stats., Register, December, 1999, No. 528; correction in (5), (6) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671.

Wis. Admin. Code § Med 4.04 Examination {#sec-med-4.04 omnilex-key=us-wi-regs-official--agency-med--Med 4.04}

All applicants shall complete an open book examination on statutes and rules governing the practice of medicine and surgery in Wisconsin.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; r. and recr. Register, February, 1997, No. 494, eff. 3-1-97.

Wis. Admin. Code § Med 4.05 Practice limitations {#sec-med-4.05 omnilex-key=us-wi-regs-official--agency-med--Med 4.05}

The holder of a temporary camp physician or locum tenens license may engage in the practice of medicine and surgery as defined in s. 448.01 (9), Stats., providing such practice is confined to the camp or recreational facility or geographical area for which the license is issued. As used in s. 448.04 (1) (b) 3., Stats., the term, “temporarily maintaining the practice of another physician,” includes providing emergency room services normally provided by another physician.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, June, 1981, No. 306, eff. 7-1-81.

Wis. Admin. Code § Med 4.06 Expiration and renewal {#sec-med-4.06 omnilex-key=us-wi-regs-official--agency-med--Med 4.06}

A temporary camp physician or locum tenens license shall expire 90 days from the date of its issuance. For cause shown to the satisfaction of the board, the board may renew such temporary license for additional periods of 90 days each, but no such license may be renewed more than 3 consecutive times.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, June, 1996, No. 486, eff. 7-1-96.

Chapter Med 5 RESIDENT EDUCATIONAL LICENSE TO PRACTICE MEDICINE AND SURGERY

Wis. Admin. Code § Med 5.01 Authority and purpose {#sec-med-5.01 omnilex-key=us-wi-regs-official--agency-med--Med 5.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11 and 448.40, Stats., and govern application for the resident educational license to practice medicine and surgery under s. 448.04 (1) (bm), Stats., (hereinafter “resident educational license”), and also govern practice thereunder.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; EmR1505: emerg. am., eff. 4-1-15; CR 15-022: am. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 5.02 Applications, credentials, and eligibility {#sec-med-5.02 omnilex-key=us-wi-regs-official--agency-med--Med 5.02}

An applicant who has been accepted into a postgraduate training program in a facility in this state approved by the board under the provisions of s. Med 1.02 (3) and accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or a successor organization may apply to the board for a resident educational license to practice medicine and surgery. The applicant shall submit to the board all of the following:

(1) A completed and verified application form.

(1m) Documentary evidence that the applicant is a graduate of and possesses a diploma from an allopathic or osteopathic medical school approved by the board.

(2) Documentary evidence that the applicant has been accepted into a postgraduate training program accredited by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, or a successor organization.

(3) A signed letter from the president or dean or the delegate of the president or dean of the institution sponsoring the postgraduate training program into which the applicant has been accepted confirming that the applicant has been or will be accepted into a postgraduate training program.

(4) A verified statement that the applicant is familiar with the state health laws and rules of the department of health services as related to communicable diseases.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; EmR1505: emerg. am. (intro.), (1), cr. (1m), am. (2), cr. (3), (4), eff. 4-1-15; CR 15-022: am. (intro.), (1), cr. (1m), am. (2), cr. (3), (4) Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 5.03 Fees {#sec-med-5.03 omnilex-key=us-wi-regs-official--agency-med--Med 5.03}

The required fees must accompany the application, and all remittances must be made payable to the Wisconsin department of safety and professional services.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; am. Register, February, 1997, No. 494, eff. 3-1-97; correction made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 673.

Wis. Admin. Code § Med 5.035 Examination {#sec-med-5.035 omnilex-key=us-wi-regs-official--agency-med--Med 5.035}

Applicants shall complete an open book examination on statutes and rules governing the practice of medicine and surgery in Wisconsin.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97.

Wis. Admin. Code § Med 5.04 Practice limitations {#sec-med-5.04 omnilex-key=us-wi-regs-official--agency-med--Med 5.04}

The holder of a resident educational license may, under the direction of a person licensed to practice medicine and surgery in this state, perform services requisite to the postgraduate training program in which the licensee is serving. Acting under such direction, the resident educational licensee shall also have the right to prescribe drugs and controlled substances and to sign any certificates, reports or other papers for the use of public authorities which are required of or permitted to persons licensed to practice medicine and surgery. The resident educational licensee shall confine the training and entire practice to the postgraduate training program in which the resident educational licensee is taking the training.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 5., Stats., Register, May, 1989, No. 401; EmR1505: emerg. am., eff. 4-1-15; CR 15-022: am. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 5.05 Revocation {#sec-med-5.05 omnilex-key=us-wi-regs-official--agency-med--Med 5.05}

Violation by a resident educational licensee to practice medicine and surgery of any of the provisions of this chapter or of any of the provisions of the Wisconsin Administrative Code or of ch. 448, Stats., which apply to persons licensed to practice medicine and surgery shall be cause for the revocation of such resident educational license.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; EmR1505: emerg. am., eff. 4-1-15; CR 15-022: am. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 5.06 Expiration and renewal {#sec-med-5.06 omnilex-key=us-wi-regs-official--agency-med--Med 5.06}

A resident educational license to practice medicine and surgery granted under this chapter is valid for one year from the date of issuance and may be renewed for additional one-year terms as long as the license holder is enrolled in the postgraduate training program.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; EmR1505: emerg. r. and recr., eff. 4-1-15; CR 15-022: r. and recr. Register October 2015 No. 718, eff. 11-1-15.

Chapter Med 9 DENIAL OF LICENSE

Wis. Admin. Code § Med 9.01 Denial of license {#sec-med-9.01 omnilex-key=us-wi-regs-official--agency-med--Med 9.01}

Rules of procedure on a denial of license are specified in ch. SPS 1.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; r. and recr. Register, April, 1986, No. 364, eff. 5-1-86; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671.

Chapter Med 10 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § Med 10.01 Authority and intent {#sec-med-10.01 omnilex-key=us-wi-regs-official--agency-med--Med 10.01}

(1) The definitions of this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5) 227.11, and 448.40, Stats., for the purposes of ch. 448, Stats.

(2) Physicians act with a high level of independence and responsibility, often in emergencies. Every physician represents the medical profession in the community and must do so in a manner worthy of the trust bestowed upon the physician and the profession. The minimally competent practice of medicine and surgery require that care of the patient is paramount. Physicians must therefore act with honesty, respect for the law, reasonable judgment, competence, and respect for patient boundaries.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; CR 13-008: am. (title), renum. to (1), cr. (2) Register September 2013 No. 693 eff. 10-1-13.

Wis. Admin. Code § Med 10.02 Definitions {#sec-med-10.02 omnilex-key=us-wi-regs-official--agency-med--Med 10.02}

For the purposes of this chapter:

(1) “Adequate supervision” means a physician should be competent to perform the delegated medical act, and must have reasonable evidence that the supervised individual is minimally competent to perform the act under the circumstances.

(2) “Board” means the medical examining board.

(2m) “Chaperone” means an individual whom a physician requests to be present during a clinical examination that exposes the breasts, genitals, or rectal area, and who can serve as a witness to the examination taking place should there be any misunderstanding or concern for sexual misconduct.

(3) “Intimate parts” has the meaning given in s. 939.22 (19), Stats.

(4) “License” means any license, permit, certificate, or registration issued by the board or by any other credentialing jurisdiction with the authority to grant credentials to practice medicine and surgery, or any other practice authorized within ch. 448, Stats.

(4m) “Observer” means an individual chosen by the patient to be present during an examination or inspection that exposes the breasts, genitals, or rectal area. A patient’s adult family member, legal guardian, or legal custodian is presumed to be able to act as an observer if the patient is twelve years of age or under.

(5) “Patient health care records” has the meaning given in s. 146.81 (4), Stats.

(6) “Sexual contact” has the meaning given in s. 948.01 (5), Stats.

(7) “Sexually explicit conduct” has the meaning given in s. 948.01 (7), Stats.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; cr. (2)(s), Register, October, 1977, No. 262, eff. 11-1-77; am. (2) (m), Register, April, 1978, No. 268, eff. 5-1-78; am. (2) (s), Register, May, 1978, No. 269, eff. 6-1-78; reprinted to correct History note, Register, June, 1980, No. 294; r. and recr. (2) (o), cr. (2) (t), Register, September, 1985, No. 357, eff. 10-1-85; cr. (2) (u), Register, April, 1987, No. 376, eff. 5-1-87; cr. (2) (v), Register, January, 1988, No. 385, eff. 2-1-88; am. (2) (s), Register, March, 1990, No. 411, eff. 3-1-90; cr. (2) (x), Register, September, 1990, No. 417, eff. 10-1-90; cr. (2) (w), Register, October, 1990, No. 418, eff. 11-1-90; am. (2) (q), Register, August, 1992, No. 440, eff. 9-1-92; cr. (2) (y), Register, September, 1992, No. 441, eff. 10-1-92; cr. (2) (z), Register, May, 1995, No. 473, eff. 6-1-95; cr. (2) (za), Register, April, 1996, No. 484, eff. 5-1-96; am. (2) (q), Register, September, 1996, No. 489, eff. 10-1-96; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494; cr. (2) (zb), Register, May, 1998, No. 509, eff. 6-1-98; r. (2) (v) and (y), am. (2) (za), Register, December, 1999, No. 528, eff. 1-1-00; CR 01-031: am. (2) (s) (intro.) and (zb) (intro.), Register October 2001 No. 550, eff. 11-1-01; CR 02-008: cr. (2) (zc), CR 02-055: cr. (2) (zd), Register November 2002 No. 563, eff. 12-1-02; CR 13-008: r. and recr. Register September 2013 No. 693, eff. 10-1-13; CR 22-063: cr. (2m), (4m) Register September 2023 No. 813, eff. 10-1-23.

Wis. Admin. Code § Med 10.03 Unprofessional conduct {#sec-med-10.03 omnilex-key=us-wi-regs-official--agency-med--Med 10.03}

“Unprofessional conduct” includes the following, or aiding or abetting the same:

(1) Dishonesty and character.

(a) Violating or attempting to violate ch. 448, Stats., or any provision, condition, or term of a valid rule or order of the board.

(b) Knowingly engaging in fraud or misrepresentation or dishonesty in applying, for or procuring a medical license, by examination for a medical license, or in connection with applying for or procuring periodic renewal of a medical license, or in otherwise maintaining such licensure.

(d) Employing illegal or unethical business practices.

(e) Knowingly, negligently, or recklessly making any false statement, written or oral, in the practice of medicine and surgery which creates an unacceptable risk of harm to a patient, the public, or both.

(f) Engaging in any act of fraud, deceit, or misrepresentation, including acts of omission to the board or any person acting on the board’s behalf.

(g) Obtaining any fee by fraud, deceit, or misrepresentation.

(h) Directly or indirectly giving or receiving any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, unless allowed by law. This prohibition does not preclude the legal functioning of lawful professional partnerships, corporations, or associations.

(i) Representing or claiming as true the appearance that a physician possesses a medical specialty certification by a board recognized certifying organization, such as the American Board of Medical Specialties, or the American Osteopathic Association, if it is not true.

(j) Engaging in uninvited in-person solicitation of actual or potential patients who, because of their particular circumstances, may be vulnerable to undue influence.

(k) Engaging in false, misleading, or deceptive advertising.

(L) Failure to adequately supervise delegated medical acts performed by licensed or unlicensed personnel.

(2) Direct patient care violations.

(a) Practicing or attempting to practice under any license when unable or unwilling to do so with reasonable skill and safety. A certified copy of an order issued by a court of competent jurisdiction finding that a person is mentally incompetent is conclusive evidence that the physician was, for any period covered by the order, unable to practice medicine and surgery with reasonable skill and safety.

(b) Departing from or failing to conform to the standard of minimally competent medical practice which creates an unacceptable risk of harm to a patient or the public whether or not the act or omission resulted in actual harm to any person.

(c) Prescribing, ordering, dispensing, administering, supplying, selling, giving, or obtaining any prescription medication in any manner that is inconsistent with the standard of minimal competence.

(d) Performing or attempting to perform any surgical or invasive procedure on the wrong patient, or at the wrong anatomical site, or performing the wrong procedure on any patient.

(e) Administering, dispensing, prescribing, supplying, or obtaining a controlled substance as defined in s. 961.01 (4), Stats., other than in the course of legitimate professional practice, or as otherwise permitted by law.

Except as otherwise provided by law, a certified copy of a relevant finding, order, or judgment by a state or federal court or agency charged with making legal determinations shall be conclusive evidence of its findings of facts and conclusions of law.
A certified copy of a finding, order, or judgment demonstrating the entry of a guilty plea, nolo contendere plea or deferred adjudication, with or without expungement, of a crime substantially related to the practice of medicine and surgery is conclusive evidence of a violation of this paragraph.

(f) Engaging in sexually explicit conduct, sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient, a patient’s immediate family, or a person responsible for the patient’s welfare.

Sexual motivation may be determined from the totality of the circumstances and shall be presumed when the physician has contact with a patient’s intimate parts without legitimate medical justification for doing so.
For the purpose of this paragraph, an adult receiving treatment shall be considered a patient for 2 years after the termination of professional services.
If the person receiving treatment is a child, the person shall be considered a patient for the purposes of this paragraph for 2 years after termination of services or for 2 years after the patient reaches the age of majority, whichever is longer.

(fm)

If a physician who practices in a hospital or works for any other employer fails to comply with the rules established by their hospital or employer regarding chaperones or other observers in patient examinations, then the failure to follow such rules during an exam in which a violation of par. (f) is alleged may be considered by the board in determining whether the alleged misconduct occurred.
Physicians who are self-employed or in other practice settings that do not involve hospitals or employers shall establish written procedures for the use of chaperones or other observers in patient examinations and shall comply with these procedures once established.
A copy of any rules and procedures, or summary thereof, regarding the physician’s use of chaperones or other observers shall be made available and accessible to all patients who are likely to receive a non-emergency examination of the breasts, genitals, or rectal area.
A physician shall not be found in violation of this section because of the failure of a third-party to create a policy regarding chaperones, or to allow posting or notification of any policy regarding chaperones.

(g) Engaging in any sexual contact or conduct with or in the presence of a patient or a former patient who lacks the ability to consent for any reason, including medication or psychological or cognitive disability.

(h) Engaging in repeated or significant disruptive behavior or interaction with physicians, hospital personnel, patients, family members, or others that interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered.

(i) Knowingly, recklessly, or negligently divulging a privileged communication or other confidential patient health care information except as required or permitted by state or federal law.

(j) Performing an act constituting the practice of medicine and surgery without required informed consent under s. 448.30, Stats.

(k) Aiding or abetting the practice of medicine by an unlicensed, incompetent, or impaired person or allowing another person or organization to use his or her license to practice medicine. This provision does not prohibit a Wisconsin physician or any other practitioner subject to this chapter from providing outpatient services ordered by a physician licensed in another state, if the physician who wrote the order saw the patient in the state in which the physician is licensed and the physician who wrote the order remains responsible for the patient.

(L) Violating the practice standards under s. Cos 2.03 to practice medicine and surgery while serving as a medical director or physician who delegates and supervises services performed by non-physicians, including aiding or abetting any person’s violation of s. Cos 2.03.

(m) Prescribing a controlled substance to oneself as described in s. 961.38 (5), Stats.

(n) Practicing medicine in another state or jurisdiction without appropriate licensure. A physician has not violated this paragraph if, after issuing an order for services that complies with the laws of Wisconsin, his or her patient requests that the services ordered be provided in another state or jurisdiction.

(o) Patient abandonment occurs when a physician without reasonable justification unilaterally withdraws from a physician-patient relationship by discontinuing a patient’s treatment regimen when further treatment is medically indicated and any of the following occur:

The physician fails to give the patient at least 30 days notice in advance of the date on which the physician’s withdrawal becomes effective.
The physician fails to allow for patient access to or transfer of the patient’s health record as required by law.
The physician fails to provide for continuity of prescription medications between the notice of intent to withdraw from the physician-patient relationship and the date on which the physician-patient relationship ends, if the prescription medications are necessary to avoid unacceptable risk of harm.
The physician fails to provide for emergency care during the period between the notice of intent to withdraw from the physician-patient relationship and the date on which the physician-patient relationship ends. Nothing in this section shall be interpreted to impose upon the physician a greater duty to provide emergency care to a patient than otherwise required by law.

(3) Law violations, adverse action, and required reports to the board.

(a) Failing, within 30 days, to report to the board any final adverse action taken against the licensee’s authority to practice medicine and surgery by another licensing jurisdiction concerned with the practice of medicine and surgery.

(b) Failing, within 30 days, to report to the board any adverse action taken by the Drug Enforcement Administration against the licensee’s authority to prescribe controlled substances.

(c) Having any credential pertaining to the practice of medicine and surgery or any act constituting the practice of medicine and surgery become subject to adverse determination by any agency of this or another state, or by any federal agency or authority.

(d) Failing to comply with state and federal laws regarding access to patient health care records.

(e) Failing to establish and maintain timely patient health care records, including records of prescription orders, under s. Med 21.03, or as otherwise required by law.

(f) Violating the duty to report under s. 448.115, Stats.

(g) After a request by the board, failing to cooperate in a timely manner with the board’s investigation of a complaint filed against a license holder. There is a rebuttable presumption that a credential holder who takes longer that 30 days to respond to a request of the board has not acted in a timely manner.

(h) Failing, within 48 hours of the entry of judgment of conviction of any crime, to provide notice to the department of safety and professional services as required under s. SPS 4.09 (2), or failing, within 30 days of conviction of any crime, to provide the board with certified copies of the criminal complaint and judgment of conviction.

(i) Except as provided in par. (j), a violation or conviction of any laws or rules of this state, or of any other state, or any federal law or regulation that is substantially related to the practice of medicine and surgery.

Except as otherwise provided by law, a certified copy of a relevant decision by a state or federal court or agency charged with determining whether a person has violated a law or rule relevant to this paragraph is conclusive evidence of findings of facts and conclusions of law contained therein.
The department has the burden of proving that the circumstances of the crime are substantially related to the practice of medicine and surgery.

(j) Violating or being convicted of any of the conduct listed in Table 10.03, any successor statute criminalizing the same conduct, or if in another jurisdiction, any act which, if committed in Wisconsin would constitute a violation of any statute listed in Table 10.03:

History

CR 13-008: cr. Register September 2013 No. 693, eff. 10-1-13; CR 21-030: am. (3) (h) Register January 2022 No. 793, eff. 2-1-22; CR 22-063: cr. (2) (fm) Register September 2023 No. 813, eff. 10-1-23; correction in (2) (fm) 1. made under s. 35.17, Stats., Register September 2023 No. 813.

Chapter Med 11 ABORTIONS

Wis. Admin. Code § Med 11.01 Authority and purpose {#sec-med-11.01 omnilex-key=us-wi-regs-official--agency-med--Med 11.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11, and 448.40, Stats., and are for the professional and ethical guidance of the medical profession.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.

Wis. Admin. Code § Med 11.02 Abortion defined {#sec-med-11.02 omnilex-key=us-wi-regs-official--agency-med--Med 11.02}

For the purposes of this chapter, abortion means the artificial, intentional disruption or removal of the implanted blastocyst, embryo, or fetus from the uterus of a pregnant woman by whatever means.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76.

Wis. Admin. Code § Med 11.03 Practice of medicine and surgery {#sec-med-11.03 omnilex-key=us-wi-regs-official--agency-med--Med 11.03}

The performance of abortions involves medical and surgical procedures which are governed by ch. 448, Stats., and may be performed only by physicians duly licensed by the medical examining board. No physician shall be required to perform an abortion.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76.

Wis. Admin. Code § Med 11.04 First 12 weeks of gestation {#sec-med-11.04 omnilex-key=us-wi-regs-official--agency-med--Med 11.04}

(1) If an abortion is to be performed by a physician during the first 12 weeks of gestation in a facility other than a hospital approved under subch. II of ch. 50, Stats., in which general surgical procedures are customarily performed, the physician shall:

(a) Provide preoperative instructions and counseling of the patient by appropriately trained individuals.

(b) Provide a receiving facility where the patient may be prepared and may receive necessary preoperative medication and observation.

(c) Perform and record preoperative history and physical examination; verify the existence and duration of pregnancy, and perform appropriate laboratory procedures including, as a minimum, blood typing, Rh factor determination, hemoglobin determination, white blood count, and urinalysis.

(d) Provide for prevention of Rh sensitization.

(e) Provide a physical place where the abortion procedure is carried out, and use techniques and procedures which assure proper sterility, asepsis, and antisepsis.

(f) Provide for appropriate equipment and appropriately trained personnel for operative procedures, anesthesia, and resuscitation.

(g) Have arrangements with a hospital approved under subch. II of ch. 50, Stats., for admission of patients needing hospital care. Such hospital shall be located sufficiently near the facility used so that the patient could be transferred to and arrive at the hospital within 30 minutes of the time when hospitalization appears necessary.

(h) Provide a recovery facility where the patient can be observed until she has sufficiently recovered from the procedure and the anesthesia and can be safely discharged by the physician.

(i) Provide for postoperative instructions and arrangements for follow-up.

(j) Maintain at the facility adequate permanent records relating to all such patients covering the above matters.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction in (1) (intro.) and (g) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

Wis. Admin. Code § Med 11.05 After 12 weeks gestation {#sec-med-11.05 omnilex-key=us-wi-regs-official--agency-med--Med 11.05}

If an abortion is to be performed after the twelfth week of gestation, except in an emergency, it must be performed in a hospital approved by the state under subch. II of ch. 50, Stats., in which general surgical procedures are customarily performed.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528.

Chapter Med 13 CONTINUING MEDICAL EDUCATION FOR PHYSICIANS

Wis. Admin. Code § Med 13.01 Authority and purpose {#sec-med-13.01 omnilex-key=us-wi-regs-official--agency-med--Med 13.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2) and 448.13, Stats., and govern the biennial training requirements for physicians as provided under s. 448.13, Stats.

History

Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. Register, March, 1979, No. 279, eff. 4-1-79; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; am. Register, May, 1997, No. 497, eff. 6-1-97; am. Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § Med 13.02 Continuing medical education required; waiver {#sec-med-13.02 omnilex-key=us-wi-regs-official--agency-med--Med 13.02}

(1) Each physician required to complete the biennial training requirements provided under s. 448.13, Stats., shall, in each second year at the time of making application for a certificate of registration as required under s. 448.07, Stats., sign a statement on the application for registration certifying that the physician has completed at least 30 hours of acceptable continuing medical educational programs within the biennial registration period.

(1x)

(a) Except as provided under par. (b), a minimum of 2 of the 30 hours of continuing medical education required under sub. (1) shall be an educational course or program related to prescribing opioids and other controlled substances.

(b) This subsection does not apply to a physician who, at the time of making application for a certificate of registration, does not hold a U.S. drug enforcement administration number to prescribe controlled substances.

(2) A physician may apply to the board for waiver of the requirements of this chapter on grounds of prolonged illness or disability or other similar circumstances, and each case will be considered individually on its merits by the board.

History

Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. (1), Register, March, 1979, No. 279, eff. 4-1-79; am. (1), February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1997, No. 497, eff. 6-1-97; am. Register, December, 1999, No. 528, eff. 1-1-00; EmR1631: emerg. am. (1), cr. (1g), (1r), eff. 11-10-16; CR 16-070: am. (1), cr. (1g), (1r) Register May 2017 No. 737, eff. 6-1-17; CR 18-072: am. (1g), (1r), cr. (1v), Register July 2019 No. 763, eff. 8-1-19; CR 21-017: cr. (1x) Register January 2022 No. 793, eff. 2-1-22; CR 22-067: r. (1g), (1r), (1v), am. (1x) (a) Register September 2023 No. 813, eff. 10-1-23.

Wis. Admin. Code § Med 13.03 Acceptable continuing medical educational programs {#sec-med-13.03 omnilex-key=us-wi-regs-official--agency-med--Med 13.03}

The board shall accept the following in satisfaction of the biennial training requirement provided under s. 448.13, Stats.:

(1)

(a) Program approval. Educational courses and programs approved in advance by the board may be used for credit, except that the board may approve for credit completed programs and courses conducted in other countries.

(b) Physicians. The board recognizes only those educational programs recognized as approved at the time of the physician’s attendance by the council on medical education of the American medical association, or the American osteopathic association, or the accreditation council for continuing medical education or may recognize program providers outside the United States unless any of the foregoing have been previously disapproved by the board. The board will accept attendance at and completion of programs accredited as the American medical association’s or the American osteopathic association’s “Category I” or an equivalent as fulfilling the requirements of this chapter for continuing medical education. One clock hour of attendance shall be deemed to equal one hour of acceptable continuing medical education.

(2)

(a) The board shall accept for continuing medical education credit, voluntary, uncompensated services provided by physicians specializing in psychiatry in assisting the department of health services in the evaluation of community outpatient mental health programs, as defined in s. 51.01 (3n), Stats., and approved by the department of health services according to rules promulgated under s. 51.42 (7) (b), Stats. Four hours of assistance, including hours expended in necessary training by the department of health services, shall be deemed to equal one hour of acceptable continuing medical education for the purposes of this chapter.

(b) Physicians wishing to apply for continuing medical education credit under this subsection shall register in advance with the board and shall notify the board on forms provided by the board of the dates and the total number of hours in any biennium for which the applicant will be available to provide assistance. Referrals shall be made to the department of health services in the order received pursuant to requests for assistance received from that department by the medical examining board and by the psychology examining board.

Note: Forms to apply for continuing medical education credit are available from the department of safety and professional services’ website at http://dsps.wi.gov, by phone at (608) 266-2112, or by email at dsps@wisconsin.gov.

History

Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. Register, February, 1981, No. 302, eff. 3-1-81; renum. Med 13.03 to be 13.03 (1) and am., cr. (intro.), (2), Register, November, 1995, No. 479, eff. 12-1-95; r. and recr. (1), Register, May, 1997, No. 497, eff. 6-1-97; r. (1) (c), Register, December, 1999, No. 528, eff. 1-1-00; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; EmR1631: emerg. cr. (3), eff. 11-10-16; CR 16-070: cr. (3) Register May 2017 No. 737, eff. 6-1-17; CR 18-072: am. (3) (b) 2., cr. (3) (b) 2m. Register July 2019 No. 763, eff. 8-1-19; CR 21-017: am. (3) (a) (intro.), cr. (3) (b) 2s. Register January 2022 No. 793, eff. 2-1-22; CR 22-067: r. (3) Register September 2023 No. 813, eff. 10-1-23.

Wis. Admin. Code § Med 13.04 Physician postgraduate training program; length of service {#sec-med-13.04 omnilex-key=us-wi-regs-official--agency-med--Med 13.04}

The board will accept postgraduate training in a program approved by the board under the provisions of s. Med 1.02 (3), as fulfilling the requirements of this chapter for continuing medical education for physicians. Three consecutive months of such postgraduate training shall be deemed to equal 30 hours of acceptable continuing medical education for the purposes of this chapter.

History

Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. Register, March, 1979, No. 279, eff. 4-1-79; am. Register, May, 1997, No. 497, eff. 6-1-97.

Wis. Admin. Code § Med 13.05 Evidence of compliance {#sec-med-13.05 omnilex-key=us-wi-regs-official--agency-med--Med 13.05}

(1) Physicians. The board will accept as evidence of compliance by physicians with the requirements of this chapter, as original electronic or hard copy documents or verified copies thereof, any or all or any combination of the following:

(a) Certification by either the providing institution or organization or the American medical association or the American osteopathic association, or components thereof, of attendance at and completion of continuing medical education programs approved under the provisions of s. Med 13.03 (1) (a).

(b) A “Physician’s Recognition Award” of the American medical association or a certificate of continuing medical education from the American academy of family physicians awarded not more than 12 months prior to the beginning of the calendar year for which application for registration is being made.

(c) Certification by a chief of service or head of department or director of medical education of the providing facility of appointment to and satisfactory participation in a postgraduate training program approved under the provisions of s. Med 13.04.

(2) Retention requirement. Evidence of compliance shall be retained in electronic or hard copy format by each physician through the biennium for which 30 hours of credit are required for registration.

History

Cr. Register, February, 1977, No. 254, eff. 3-1-77; am. (1) (intro.) and r. and recr. (2), Register, February, 1981, No. 302, eff. 3-1-81; am. (1) (intro.), (a) and (2), cr. (1m), Register, May, 1997, No. 497, eff. 6-1-97; r. (1m), am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 20-053: am. (1) (intro.), (2) Register June 2023 No. 810, eff. 7-1-23.

Wis. Admin. Code § Med 13.06 Audit {#sec-med-13.06 omnilex-key=us-wi-regs-official--agency-med--Med 13.06}

The board shall conduct a random audit of licensees on a biennial basis for compliance with the continuing education requirement stated in s. Med 13.02 (1). The board may require any physician to submit evidence of compliance with the continuing education requirement to the board during the biennium for which 30 hours of credit are required for registration to audit compliance.

History

Cr. Register, February, 1981, No. 302, eff. 3-1-81; am. Register, May, 1997, No. 497, eff. 6-1-97; am. Register, December, 1999, No. 528, eff. 1-1-00; CR 14-033: am. Register May 2015 No. 713, eff. 6-1-15.

Chapter Med 14 BIENNIAL REGISTRATION

Wis. Admin. Code § Med 14.01 Authority and purpose {#sec-med-14.01 omnilex-key=us-wi-regs-official--agency-med--Med 14.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11, and 448.40, Stats., and govern biennial registration of licensees of the board.

History

Cr. Register, May, 1977, No. 257, eff. 6-1-77; am. Register, March, 1979, No. 279, eff. 4-1-79; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.

Wis. Admin. Code § Med 14.02 Definitions {#sec-med-14.02 omnilex-key=us-wi-regs-official--agency-med--Med 14.02}

For the purposes of these rules:

(1) “Board” means the medical examining board.

(2) “License” means any license, permit, or certificate issued by the board.

(3) “Licensee” means any person validly possessing any license, permit, or certificate granted and issued to that person by the board.

History

Cr. Register, May, 1977, No. 257, eff. 6-1-77.

Wis. Admin. Code § Med 14.03 Registration required; method of registration {#sec-med-14.03 omnilex-key=us-wi-regs-official--agency-med--Med 14.03}

Each licensee shall register biennially with the board. Prior to the renewal date under s. 440.08 (2), Stats., the department shall mail to each licensee at his or her last known address as it appears in the records of the board an application form for registration. Each licensee shall complete the application form and return it with the required fee to the department located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 prior to the next succeeding renewal date under s. 440.08 (2), Stats. The board shall notify the licensee within 30 business days of receipt of a completed registration form whether the application for registration is approved or denied.

History

Cr. Register, May, 1977, No. 257, eff. 6-1-77; am. Register, March, 1979, No. 279, eff.4-1-79; am. Register, September, 1985, No. 357, eff. 10-1-85; am. Register, December, 1993, No. 456, eff. 1-1-94; am. Register, February, 1997, No. 494, eff. 3-1-97; CR 16-047: am. Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 14.04 Initial registration {#sec-med-14.04 omnilex-key=us-wi-regs-official--agency-med--Med 14.04}

Any licensee who is initially granted and issued a license during a given calendar year shall register for that biennium. The board shall notify the licensee within 30 business days of receipt of a completed registration form whether the application for registration is approved or denied.

History

Cr. Register, May, 1977, No. 257, eff. 6-1-77; am. Register, March, 1979, No. 279, eff. 4-1-79; am. Register, September, No 357, eff. 10-1-85.

Wis. Admin. Code § Med 14.05 Registration prohibited, annulled; reregistration {#sec-med-14.05 omnilex-key=us-wi-regs-official--agency-med--Med 14.05}

Any physician required to comply with the provisions of s. 448.13, Stats., and of ch. Med 13, and who has not so complied, will not be permitted to register. Any person whose license has been suspended or revoked will not be permitted to register, and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to such person’s right of appeal. A person whose license has been suspended or revoked and subsequently restored shall be reregistered by the board upon receipt by the board of both a verified report of such restoration and a completed registration form.

History

Cr. Register, May, 1977, No. 257, eff. 6-1-77; renum. from Med 14.06 and am. Register, March, 1979, No. 279, eff. 4-1-79.

Wis. Admin. Code § Med 14.06 Failure to be registered {#sec-med-14.06 omnilex-key=us-wi-regs-official--agency-med--Med 14.06}

(1) Failure for whatever reason of a licensee to be registered as required under this chapter thereby makes such licensee subject to the effect of s. 448.07 (1) (a), Stats., which states, inter alia, “No person may exercise the rights or privileges conferred by any license or certificate granted by the board unless currently registered as required . . .”.

(2) Failure to renew a license by the renewal date under s. 440.08 (2), Stats., shall cause the license to lapse. A licensee who allows the license to lapse may apply to the board for reinstatement of the license as follows:

(a) If the licensee applies for renewal of the license less than 5 years after its expiration, the license shall be renewed upon payment of the renewal fee and fulfillment of the continuing education requirements.

(b) If the licensee applies for renewal of the license more than 5 years after its expiration, the board shall make such inquiry as it finds necessary to determine whether the applicant is competent to practice under the license in this state, and shall impose any reasonable conditions on reinstatement of the license, including oral examination, as the board deems appropriate. All applicants under this paragraph shall be required to pass the open book examination on statutes and rules, which is the same examination given to initial applicants.

History

Cr. Register, May, 1977, No. 257, eff. 6-1-77; renum. from Med 14.07, Register, March, 1979, No. 279, eff. 4-1-79; r. and recr. Register, December, 1993, No. 456, eff. 1-1-94; CR 16-047: am. (2) (intro.) Register May 2017 No. 737, eff. 6-1-17.

Chapter Med 15 PRACTICE OF MEDICINE AND SURGERY DEFINED: EXCLUSION OF TATTOOING AND BODY PIERCING

Wis. Admin. Code § Med 15.01 Authority and purpose {#sec-med-15.01 omnilex-key=us-wi-regs-official--agency-med--Med 15.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11 and 448.40, Stats., and further define the practice of medicine and surgery.

History

Cr. Register, October, 1977, No. 262, eff. 11-1-77; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.

Wis. Admin. Code § Med 15.02 Tattooing and body piercing {#sec-med-15.02 omnilex-key=us-wi-regs-official--agency-med--Med 15.02}

The practice of medicine and surgery is further defined not to include tattooing and body piercing when done for purposes of bodily adornment.

History

Cr. Register, October, 1977, No. 262, eff. 11-1-77; am. Register, August, 1996, No. 488, eff. 9-1-96.

Chapter Med 17 STANDARDS FOR DISPENSING AND PRESCRIBING DRUGS

Wis. Admin. Code § Med 17.01 Authority and purpose {#sec-med-17.01 omnilex-key=us-wi-regs-official--agency-med--Med 17.01}

(1) The rules in this chapter are adopted pursuant to authority in ss. 15.08 (5) (b), 227.11 and ch. 448, Stats.

(2) The rules in this chapter are adopted to specify standards practitioners shall follow in dispensing prescription drugs for the protection of the public.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.

Wis. Admin. Code § Med 17.02 Definitions {#sec-med-17.02 omnilex-key=us-wi-regs-official--agency-med--Med 17.02}

(1) “Controlled substance” has the meaning under s. 961.01 (4), Stats.

(2) “Practitioner” means a person holding a license to practice medicine and surgery.

(3) “Prescription drug” has the meaning under s. 450.01 (20), Stats.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494; am. (2), Register, December, 1999, No. 528, eff. 1-1-00.

Wis. Admin. Code § Med 17.03 Packaging {#sec-med-17.03 omnilex-key=us-wi-regs-official--agency-med--Med 17.03}

A prescription drug dispensed by a practitioner shall be dispensed in a child-resistant container if it is a substance requiring special packaging under 16 CFR 1700.14 (1982) of the federal poison prevention packaging act.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82.

Wis. Admin. Code § Med 17.04 Labeling {#sec-med-17.04 omnilex-key=us-wi-regs-official--agency-med--Med 17.04}

(1) A prescription drug dispensed by a practitioner shall contain a legible label affixed to the immediate container disclosing:

(a) The name and address of the facility from which the prescribed drug is dispensed;

(b) The date on which the prescription is dispensed;

(d) The full name of the patient;

(e) The generic name and strength of the prescription drug dispensed unless the prescribing practitioner requests omission of the name and strength of the drug dispensed; and,

(f) Directions for use of the prescribed drug and cautionary statements, if any, contained in the prescription or required by law.

(2) Nonapplication of labeling requirements. The labeling requirement specified in sub. (1) does not apply to complimentary samples dispensed by a practitioner in original containers or packaging supplied to the practitioner by a pharmaceutical manufacturer or distributor.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82.

Wis. Admin. Code § Med 17.05 Recordkeeping {#sec-med-17.05 omnilex-key=us-wi-regs-official--agency-med--Med 17.05}

(1) Prescription drugs.

(a) A practitioner shall maintain complete and accurate records of each prescription drug received, dispensed or disposed of in any other manner.

(b) All prescription drugs dispensed by a practitioner shall be recorded in the patient record.

(2) Controlled substances.

(a) Records required by the federal controlled substances act and ch. 961, Stats., shall be maintained at the location where the drug is received, distributed or dispensed and be available for inspection by authorized persons for at least 5 years from the date of such record.

(b) Controlled substances dispensed by a practitioner shall be recorded as follows:

As provided in this section; and
On a separate log, in a separate bound log book in which each schedule of controlled substances dispensed is recorded separately and in chronological order with the following information:

a. The name of the substance.

b. Dosage form and strength of the substance.

c. Name and address of the person for whom dispensed.

d. Date of dispensing.

e. Quantity dispensed.

f. Name or initials of practitioner who dispensed the substance.

History

Cr. Register, September, 1982, No. 321, eff. 10-1-82; correction in (2) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494.

Wis. Admin. Code § Med 17.06 Prescription orders by nurses and ancillary health care personnel {#sec-med-17.06 omnilex-key=us-wi-regs-official--agency-med--Med 17.06}

Prescription orders prepared by professional nurses and ancillary health care personnel, as delegated and supervised by a practitioner under s. 448.03 (2) (e), Stats., shall contain in addition to other information required by this chapter, the name, address and telephone number of the delegating practitioner and the name, address and signature of the person preparing the prescription order.

History

Cr. Register, July, 1994, No. 463, eff. 8-1-94.

Wis. Admin. Code § Med 18.01 Authority, purpose and scope {#sec-med-18.01 omnilex-key=us-wi-regs-official--agency-med--Med 18.01}

(1) Authority. The rules in this chapter are adopted pursuant to authority in ss. 15.08 (5) (b), 227.11, and 448.40, Stats.

(2) Purpose. The purpose of the rules is to define the obligation of a physician to communicate alternate modes of treatment to a patient.

(3) Scope. The scope of the rules pertain to medical and surgical procedures which may be prescribed and performed only by a physician, as defined in s. 448.01 (5), Stats.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1989, No. 401.

Wis. Admin. Code § Med 18.02 Definitions {#sec-med-18.02 omnilex-key=us-wi-regs-official--agency-med--Med 18.02}

(1) “Emergency” means a circumstance in which there is an immediate risk to a patient’s life, body part or function which demands prompt action by a physician.

(2) “Experimental treatment” means a mode of treatment which has not been generally adopted by the medical profession.

(3) “Modes of treatment” means treatment, including diagnostic procedures, generally considered by the medical profession to be within the scope of current, acceptable standards of care.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; CR 14-040: am. (3) Register May 2015 No. 713, eff. 6-1-15.

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. 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.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; CR 14-040: r. and recr. Register May 2015 No. 713, eff. 6-1-15.

Wis. Admin. Code § Med 18.04 Exceptions to communication of alternate modes of treatment {#sec-med-18.04 omnilex-key=us-wi-regs-official--agency-med--Med 18.04}

(1) A physician is not required to explain each procedural or prescriptive alternative inherent to a particular mode of treatment.

(2) In an emergency, a physician is not required to communicate alternate modes of treatment to a patient if failure to provide immediate treatment would be more harmful to a patient than immediate treatment.

(3) A physician is not required to communicate any mode of treatment which is not a reasonable alternate mode of treatment or which is experimental.

(4) A physician may not be held responsible for failure to inform a patient of a possible complication or benefit not generally known to reasonably well-qualified physicians in a similar medical classification.

(5) A physician may simplify or omit communication of reasonable alternate modes of treatment if the communication would unduly confuse or frighten a patient or if a patient refuses to receive the communication.

(6) A physician is not required to communicate 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

Cr. Register, September, 1983, No. 333, eff. 10-1-83; CR 14-040: am. (3), (5), cr. (6) Register May 2015 No. 713, eff. 6-1-15.

Wis. Admin. Code § Med 18.05 Recordkeeping {#sec-med-18.05 omnilex-key=us-wi-regs-official--agency-med--Med 18.05}

A physician shall indicate on a patient’s medical record he or she has communicated to the patient reasonable alternate modes of treatment.

History

Cr. Register, September, 1983, No. 333, eff. 10-1-83; CR 14-040: am. Register May 2015 No. 713, eff. 6-1-15.

Chapter Med 20 RESPIRATORY CARE PRACTITIONERS

Wis. Admin. Code § Med 20.01 Authority and purpose {#sec-med-20.01 omnilex-key=us-wi-regs-official--agency-med--Med 20.01}

The rules in this chapter are adopted by the medical examining board under the authority of ss. 15.08 (5) (b), 227.11 (2), and 448.40 (1), Stats., to govern the certification and regulation of respiratory care practitioners.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 18-101: am. Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § Med 20.02 Definitions {#sec-med-20.02 omnilex-key=us-wi-regs-official--agency-med--Med 20.02}

In this chapter:

(1) “Board” means the medical examining board.

(2) “Council” means the respiratory care practitioners examining council.

(3) “CRT” means certified respiratory therapist.

(4) “RRT” means registered respiratory therapist.

(5) “TMC” means the Therapist Multiple Choice Examination administered by the National Board for Respiratory Care.

Note: “CRT” and “RRT” are registered trademarks of the National Board for Respiratory Care.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; CR 18-101: am. (intro.), (3), (4), cr. (5) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § Med 20.03 Applications and credentials {#sec-med-20.03 omnilex-key=us-wi-regs-official--agency-med--Med 20.03}

(1) Every applicant for initial certification as a respiratory care practitioner shall submit all of the following:

(a) A completed application on a form provided by the board.

(b) The fee specified in s. 440.05, Stats.

(d) Evidence the applicant has passed the examinations required under s. Med 20.04.

(f) Evidence the applicant is a graduate of a school with a course of instruction in respiratory care approved by the Commission on Accreditation for Respiratory Care or the Joint Review Committee for Respiratory Care.

(3) An application for certification is not complete until the board has received both the completed application form and written verification of a passing grade directly from the National Board for Respiratory Care.

Note: Application forms are available from the department of safety and professional services at (608) 266-2112 or from the department’s website at http://dsps.wi.gov.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (1) (f) 1., Register, August, 1994, No. 464, eff. 9-1-94; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 18-101: am. (1) (intro.), (a), r. (1) (c), am. (1) (d), r. (1) (e), (f) (intro.), renum. (1) (f) 1. to (1) (f) and am., r. (1) (f) 2., 3., (2), am. (3) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § Med 20.04 Examinations; panel review of applications {#sec-med-20.04 omnilex-key=us-wi-regs-official--agency-med--Med 20.04}

(1) An applicant for certification as a respiratory care practitioner shall pass the TMC. The passing score for the TMC is 88 on the 2-digit scale.

(2) An applicant for certification as a respiratory care practitioner shall pass a state board statutes and rules examination conducted by the council as evidenced by documents submitted directly to the council by the department’s office of examinations. The passing score for the examination under this subsection is 85 percent.

(4) An applicant may be required to complete an oral examination if the applicant:

(a) Has a medical condition which in any way impairs or limits the applicant’s ability to practice respiratory care with reasonable skill and safety.

(b) Uses chemical substances so as to impair in any way the applicant’s ability to practice respiratory care with reasonable skill and safety.

(c) Has been disciplined or had licensure denied by a licensing or regulatory authority in Wisconsin or another jurisdiction.

(d) Has been convicted of a crime the circumstances of which substantially relate to the practice of respiratory care.

(e) Has practiced respiratory care for 1,200 hours or less during the last 3 years.

(f) Has practiced respiratory care over 1,200 hours in the last 3 years, but practice was limited.

(g) Has been found negligent in the practice of respiratory care or has been a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of respiratory care.

(h) Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.

(i) Has within the past 2 years engaged in the illegal use of controlled substances.

(j) Has been subject to adverse formal action during the course of respiratory care education, postgraduate training, hospital practice, or other respiratory care employment.

(k) Has been graduated from a respiratory care school not approved by the board.

(L) Has violated s. Med 20.06 (5m).

(4m) The board designates the council as its agent for conducting oral examinations. At the request of the council, the board shall provide a medical consultant to assist in evaluating applicants examined under sub. (4) (a) and (b). The passing score for an oral examination is 75 percent.

(5) All examinations shall be conducted in English.

(6) Where both written and oral examinations are required, they shall be scored separately and the applicant shall achieve a passing score on all examinations to qualify for a certificate.

(7) An applicant who fails to receive a passing score on an examination under sub. (2) or (4) may reapply by payment of the fee specified in s. 440.05, Stats. If an applicant fails the examination under sub. (2) 3 times, the applicant may not retake the examination unless the applicant submits evidence of having completed further professional training or education as the board may prescribe. An applicant may reapply for an oral examination twice at not less than 4-month intervals.

(8) An oral examination concerning the circumstances described in sub. (4) (a) or (b) shall be limited to a determination whether, at the time of application, risk to the health, safety, or welfare of patient or public arises from the applicant’s demonstrated inability to safely carry out necessary duties and responsibilities inherent to the practice of respiratory care.

History

Cr. Register, December, 1991, No. 432, eff. 1-1-92; am. (3), (4) (c) to (f) and (6), r. and recr. (4) (a) and (b), cr. (4) (h) to (k) and (8), Register, February, 1997, No. 494, eff. 3-1-97; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1999, No. 528; CR 18-101: am. (1), (2), renum. (3) to (4m), am. (4) (e), (f), cr. (4) (L), am. (6), (7), (8) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § Med 20.055 Temporary certificates for certified practitioners {#sec-med-20.055 omnilex-key=us-wi-regs-official--agency-med--Med 20.055}

(1) An applicant for certification who is certified to practice respiratory care in another state may apply to the board for a temporary certificate to practice respiratory care if the applicant submits all of the following:

(a) A completed application on a form provided by the board.

(b) The fee specified in s. 440.05 (1) (a), Stats.

(d) Evidence satisfactory to the board that the applicant meets the requirements of s. 448.05 (5r), Stats.

(e) Evidence satisfactory to the board that the applicant is certified to practice respiratory care in another state.

(2) If an applicant for a temporary certificate has been subjected to professional discipline as a result of the applicant’s practice of respiratory care in another state, the applicant shall submit to the board a description of the circumstances of the discipline and a copy of the disciplinary order.

(3) The board may not issue a temporary certificate to an individual who has been previously issued a temporary certificate under this section.

(4) A temporary certificate under this section may be issued for a period not to exceed 3 months and may not be renewed.

Note: Application forms are available from the department of safety and professional services at (608) 266-2112 or from the department’s website at http://dsps.wi.gov.

History

CR 09-005: cr. Register August 2009 No. 644, eff. 9-1-09; CR 18-101: am. (1) (a), (c) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § Med 20.06 Examination review by applicant {#sec-med-20.06 omnilex-key=us-wi-regs-official--agency-med--Med 20.06}

(1) An applicant who fails the oral or statutes and rules examination may request a review of that examination by filing a written request and required fee with the board within 30 days of the date on which examination results were received by the applicant.

(2) Examination reviews shall be by appointment only.

(3) An applicant may not review the statutes and rules examination for more than one hour.

(4) An applicant may not review the oral examination for more than 2 hours.

(5) An applicant shall review an examination in the presence of a board-assigned proctor. No other person may accompany an applicant during a review.

(5m)

(a) An applicant may not use any device capable of recording audio, photographic, or video content, or capable of viewing or playing back such content, during a review. A violation of this subsection shall void the applicant’s application and require the applicant to reapply for licensure.

(b) A violation of this subsection constitutes knowingly engaging in fraud, misrepresentation, or dishonesty in applying for or procuring a license.

(6) At the beginning of a review, the proctor shall provide the applicant with all of the following:

(a) A copy of the examination questions.

(b) A copy of or, if the applicant is reviewing an oral examination, audio recording of the applicant’s answers to the examination questions.

(d) A form on which the applicant may write comments, questions, or claims of error regarding the examination.

(7) An applicant may consult bound reference materials during a review. The form under sub. (6) (d) and any other notes taken by an applicant during a review shall be retained by the proctor and, if requested by an applicant, made available for use at a hearing. A proctor may not defend the examination or attempt to refute claims of error during a review.

(8) An applicant may not review an examination more than once.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; CR 18-101: am. (1) to (5), cr. (5m), renum. (6) to (6) (intro.) and am., cr. (6) (a) to (d), am. (7), (8) Register October 2019 No. 766, eff. 11-1-19.

Wis. Admin. Code § Med 20.07 Board review of examination error claim {#sec-med-20.07 omnilex-key=us-wi-regs-official--agency-med--Med 20.07}

(a) The applicant’s name and address.

(b) The type of license for which the applicant applied.

(c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.

(d) The facts which the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

(2) The board shall review the claim, make a determination of the validity of the objections, and notify the applicant in writing of the board’s decision and any resulting changes to the applicant’s exam score.

History

Cr. Register, February, 1997, No. 494, eff. 3-1-97; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register November 2011 No. 671; CR 18-101: am. (2) Register October 2019 No. 766, eff. 11-1-19.

Chapter Med 21 PATIENT HEALTH CARE RECORDS

Wis. Admin. Code § Med 21.01 Authority and purpose {#sec-med-21.01 omnilex-key=us-wi-regs-official--agency-med--Med 21.01}

The rules in this chapter are adopted under the authority of ss. 15.08 (5) (b), 227.11 (2), and 448.40 (1), Stats., to govern the practice of physicians in the preparation and retention of patient health care records.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. Register, December, 1999, No. 528, eff. 1-1-00; CR 25-070: am. Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § Med 21.02 Definitions {#sec-med-21.02 omnilex-key=us-wi-regs-official--agency-med--Med 21.02}

As used in this chapter:

(1) “Board” means the medical examining board.

(2) “Patient” means a person who receives health care services from a physician.

(3) “Patient health care record” has the meaning given in s. 146.81 (4), Stats.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (2), Register, December, 1999, No. 528, eff. 1-1-00; CR 25-070: am. (2) Register June 2026 No. 846, eff. 7-1-26.

Wis. Admin. Code § Med 21.03 Minimum standards for patient health care records {#sec-med-21.03 omnilex-key=us-wi-regs-official--agency-med--Med 21.03}

(1) A physician shall maintain patient health care records on every patient administered to for a period of not less than 5 years after the date of the last entry, or for such longer period as may be otherwise required by law.

(2) A patient health care record prepared by a physician shall contain the following clinical health care information which applies to the patient’s medical condition:

(a) Pertinent patient history.

(b) Pertinent objective findings related to examination and test results.

(d) Plan of treatment for the patient.

(3) Each patient health care record entry shall be dated, shall identify the practitioner, and shall be sufficiently legible to allow interpretation by other practitioners for the benefit of the patient.

History

Cr. Register, April, 1996, No. 484, eff. 5-1-96; am. (1) and (2) (intro.), Register, December, 1999, No. 528, eff. 1-1-00; CR 25-070: am. (1), (2) (intro.) Register June 2026 No. 846, eff. 7-1-26.

Chapter Med 22 PERFUSIONISTS

Wis. Admin. Code § Med 22.01 Authority and purpose {#sec-med-22.01 omnilex-key=us-wi-regs-official--agency-med--Med 22.01}

The rules in this chapter are adopted by the medical examining board under the authority of ss. 15.08 (5) (b), 227.11 (2), 448.02, 448.04, 448.05, 448.13, and 448.40, Stats.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: am. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.02 Definitions {#sec-med-22.02 omnilex-key=us-wi-regs-official--agency-med--Med 22.02}

In this chapter:

(1) “Board” means the medical examining board.

(2) “Council” means the perfusionists examining council.

(3) “Perfusion” has the meaning given in s. 448.015 (1m), Stats.

(4) “Perfusionist” has the meaning given in s. 448.015 (1s), Stats.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: am. (intro.), (3), (4) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.03 Applications and credentials {#sec-med-22.03 omnilex-key=us-wi-regs-official--agency-med--Med 22.03}

Every applicant for initial licensure as a perfusionist shall submit all of the following:

(1) A completed application on a form provided by the board.

(2) The fee specified in s. 440.05, Stats.

(3) Satisfactory evidence that the applicant has successfully completed an educational program in perfusion recognized by the board and accredited by the Accreditation Committee for Perfusion Education of the Commission on Accreditation of Allied Health Educational Programs.

(4) Evidence the applicant has passed the examinations required under s. Med 22.04.

Note: Application forms are available from the department of safety and professional services at (608) 266-2112 or from the department’s website at www.dsps.wi.gov.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: am. (intro.), (1), r. (3) (intro.), (a), renum. (3) (b) 1. to (3), renum. (3) (b) 2. to (4) and am., r. (3) (b) 3. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.04 Examinations; panel review of applications {#sec-med-22.04 omnilex-key=us-wi-regs-official--agency-med--Med 22.04}

(3) An applicant for licensure as a perfusionist shall pass both the Perfusion Basic Science Examination and the Clinical Applications in Perfusion Examination of the American Board of Cardiovascular Perfusion. The board adopts the passing scores of the examination provider.

(4) An applicant for licensure as a perfusionist shall pass a state board statutes and rules examination conducted by the council. The passing score for the examination under this subsection is 85 percent.

(5) The council may require an applicant to complete an oral examination if any of the following circumstances apply:

(a) The applicant has a medical condition which impairs or limits the applicant’s ability to practice perfusion with reasonable skill and safety.

(b) The applicant uses chemical substances so as to impair the applicant’s ability to practice perfusion with reasonable skill and safety.

(c) The applicant has been disciplined or had licensure denied by a licensing or regulatory authority in this state or another jurisdiction.

(d) The applicant has been convicted of a crime the circumstances of which substantially relate to the practice of perfusion.

(e) The applicant has practiced perfusion for 1,200 hours or less during the 3-year period preceding the date of application.

(f) The applicant has practiced perfusion for more than 1,200 hours during the 3-year period preceding the date of application, but practice was limited.

(g) The applicant has been found negligent in the practice of perfusion or has been a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of perfusion.

(h) The applicant has been diagnosed as suffering from pedophilia, exhibitionism, or voyeurism.

(i) The applicant has, within the past 2 years, engaged in the illegal use of controlled substances.

(j) The applicant has been subject to adverse formal action during the course of perfusion education, postgraduate training, hospital practice, or other perfusion employment.

(k) The applicant has violated s. Med 22.07 (5m).

(6) The council shall conduct oral examinations. At the request of the council, the board shall provide a medical consultant to assist in evaluating applicants examined under sub. (5) (a) or (b). The passing score for an oral examination is 75 percent.

(7) All examinations shall be conducted in English.

(8) Where both written and oral examinations are required, they shall be graded separately and the applicant shall achieve a passing grade on all examinations to qualify for a license.

(9) An applicant who fails to receive a passing grade on an examination under sub. (4) or (5) may reapply by payment of the fee specified in s. 440.05, Stats. If an applicant fails the examination under sub. (4) 3 times, the applicant may not retake the examination unless the applicant submits evidence of having completed further professional training or education as the board may prescribe. An applicant may reapply for an oral examination twice at not less than 4-month intervals.

(10) An oral examination concerning the circumstances described in sub. (5) (a) or (b) shall be limited to a determination of whether, at the time of application, risk to the health, safety, or welfare of a patient or the public arises from the applicant’s demonstrated inability to safely carry out necessary duties and responsibilities inherent to the practice of perfusion.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: r. (1), (2), am. (3), (4), (5), cr. (5) (k), am. (6), (9), (10) Register July 2019 No. 763, eff. 8-1-19; corrections in (10) made under s. 35.17, Stats., Register July 2019 No. 763.

Wis. Admin. Code § Med 22.05 Temporary licenses {#sec-med-22.05 omnilex-key=us-wi-regs-official--agency-med--Med 22.05}

(1) An applicant for licensure may apply to the board for a temporary license to practice perfusion prior to licensure if the applicant submits all of the following:

(a) A completed application on a form provided by the board.

(b) The fee specified in s. 440.05, Stats.

(e) Evidence the applicant has passed the examination under s. Med 22.04 (4).

(1m) The board may not issue a license under this section if any of the following applies:

(a) The applicant has failed either of the examinations under s. Med 22.04 (3) and has not subsequently passed the examination.

(b) The applicant is required to complete an oral examination.

(2) Except as provided under sub. (3) (b), practice during the period of a temporary license shall be under the general supervision of a licensed perfusionist. A person holding a temporary license shall consult at least weekly with the supervising perfusionist who shall at least once a month endorse the activities of the person holding the temporary license.

(3)

(a) A temporary license expires one year from the date of its issuance. Upon application, and upon submission of evidence of having passed the perfusion basic scientific examination, the temporary license may be renewed for an additional period of one year. The board may extend the term of the temporary license for an additional 6 months if the applicant was unable to complete the perfusion basic scientific examination within the one-year period due to hardship, including illness of the applicant, illness or death of a family member of the applicant, or an accident or natural disaster. A written affidavit of the hardship shall be provided.

(b) If the applicant fails the perfusion basic science examination prior to the expiration of the temporary license, the applicant shall work under the direct supervision of a licensed perfusionist who is available on the hospital premises to assist.

(c) If the applicant fails the clinical application in perfusion examination prior to the expiration of the temporary license, the temporary license expires.

(4) The application and required documents for licensure and the application for temporary licensure prior to regular licensure will be reviewed by 2 members of the council to determine eligibility. The council may issue a temporary license prior to licensure as a perfusionist to an applicant who meets the requirements of sub. (1).

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: am. (1) (intro.), (a), (b), (c), r. (1) (d), am. (1) (e), r. (1) (f), cr. (1m), am. (2), (3) (a) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.06 Locum tenens license {#sec-med-22.06 omnilex-key=us-wi-regs-official--agency-med--Med 22.06}

(1) An applicant who holds certification in clinical perfusion granted by the American Board of Cardiovascular Perfusion may apply to the board for a temporary locum tenens license.

(2) An applicant for a locum tenens license shall submit all of the following:

(a) A completed application on a form provided by the board.

(b) A letter from a physician licensed to practice medicine and surgery in this state or a perfusionist licensed to practice perfusion in this state requesting the applicant’s services.

(d) A verified statement by the applicant that the applicant is familiar with the health laws of this state and rules of the department of health services related to communicable diseases.

(e) The fees required under s. 440.05, Stats.

(3) All applicants shall pass the examination under s. Med 22.04 (4).

(4) The holder of a locum tenens license may engage in the practice of perfusion only in the geographical area for which the license is issued.

(5) A locum tenens license expires 90 days from the date of its issuance. For cause shown to the satisfaction of the board, the board may renew the locum tenens license for additional periods of 90 days each, but a license may not be renewed more than 3 consecutive times.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; correction in (2) (d), (e) made under s. 13.92 (4) (b) 6., Stats., Register November 2011 No. 671; CR 18-074: am. (1), (2) (intro.), (a), (d), (e), (3), (5) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.07 Examination review by applicant {#sec-med-22.07 omnilex-key=us-wi-regs-official--agency-med--Med 22.07}

(1) An applicant who fails the oral or statutes and rules examination may make a request to review that examination by filing a written request and required fee with the board within 30 days of the date on which examination results were received by the applicant.

(2) Examination reviews shall be by appointment only.

(3) An applicant may not review the statutes and rules examination for more than one hour.

(4) An applicant may not review the oral examination for more than 2 hours.

(5) An applicant shall review an examination in the presence of a board-assigned proctor. No other person may accompany an applicant during a review.

(5m)

(b) A violation of this subsection constitutes knowingly engaging in fraud, misrepresentation, or dishonesty in applying for or procuring a license.

(6) At the beginning of a review, the proctor shall provide the applicant with all of the following:

(a) A copy of the examination questions.

(b) A copy of or, if the applicant is reviewing an oral examination, audio recording of the applicant’s answers to the examination questions.

(d) A form on which the applicant may write comments, questions, or claims of error regarding the examination.

(7) An applicant may consult bound reference materials during a review. The form under sub. (6) (d) and any other notes taken by an applicant during a review shall be retained by the proctor and, if requested by the applicant, made available to the applicant for use at a hearing. A proctor may not defend the examination or attempt to refute claims of error during a review.

(8) An applicant may not review an examination more than once.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: am. (1) to (5), cr. (5m), renum. (6) to (6) (intro.), cr. (6) (a) to (d), am. (7), (8) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.08 Board review of examination error claim {#sec-med-22.08 omnilex-key=us-wi-regs-official--agency-med--Med 22.08}

(1) An applicant claiming examination error shall file a written request for board review in the board office within 30 days of the date the examination was received. The request shall include all of the following:

(a) The applicant’s name and address.

(b) The type of license for which the applicant applied.

(c) A description of the mistakes the applicant believes were made in the examination content, procedures, or scoring, including the specific questions or procedures claimed to be in error.

(d) The facts the applicant intends to prove, including reference text citations or other supporting evidence for the applicant’s claim.

(3) If the board confirms the failing status following its review, the application shall be deemed incomplete, and the applicant may be reexamined.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: am. (2) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.09 Scope of practice {#sec-med-22.09 omnilex-key=us-wi-regs-official--agency-med--Med 22.09}

The scope of practice of perfusion includes the following functions:

(1) The use of extracorporeal circulation, long-term cardiopulmonary membrane oxygenation, and associated therapeutic and diagnostic techniques.

(2) Counterpulsation, ventricular assistance, autotransfusion, blood conservation, management and processing techniques, myocardial and organ preservation, isolated limb perfusion, and surgical assistance.

(3) The administration of pharmacological and therapeutic agents, and blood products or anesthetic agents, through the extracorporeal circuit or through an intravenous line in conjunction with extracorporeal support.

(4) The performance and use of anticoagulation monitoring and analysis, physiologic monitoring and analysis, blood gas and chemistry monitoring and analysis, hematologic monitoring and analysis, induction and hypothermia and hyperthermia with reversal, hemoconcentration and hemodilution, and hemodialysis.

(5) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, perfusion protocols or changes in or the initiation of emergency procedures.

(6) Evaluation and selection of equipment to perform the functions set forth in subs. (1) to (5).

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: am. (4) Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 22.10 Continuing education {#sec-med-22.10 omnilex-key=us-wi-regs-official--agency-med--Med 22.10}

(1) Definitions. In this section:

(a) “ABCP” means the American Board of Cardiovascular Perfusion.

(am) “AC-PE” means the Accreditation Committee-Perfusion Education.

(b) “Contact hour” means not less than 50 minutes spent by a licensee in actual attendance at and completion of an approved continuing education activity.

(c) “Continuing education” means planned, organized learning activities designed to maintain, improve, or expand a licensee’s knowledge and skills relevant to the practice of perfusion.

(d) “Continuing education unit” means one contact hour of continuing education.

(e) “Licensee” means a person licensed to practice perfusion in this state.

(2) Certification statement. Each licensee shall, at the time of applying for renewal of a license under s. 448.07, Stats., certify that, in the 2 years preceding the renewal due date, at least 30 continuing education units of acceptable continuing education were completed. At least 10 continuing education units shall be completed in Category I activities.

(3) Limitation on claiming continuing education units. Additional continuing education units may not be given for subsequent presentations of the same content.

(4) Categories of continuing education. Continuing education units shall be accumulated through professional activities related to perfusion in all of the following categories:

(a) Category I. ABCP-approved perfusion meetings and related activity, including all of the following:

Attendance at ABCP-approved international, national, regional, or state perfusion meetings, programs, and seminars at which a minimum of 75% of the contact hours consist of perfusion-related material. One continuing education unit may be claimed for each contact hour.
Publication of a perfusion-related book chapter or paper in a professional journal. Five continuing education units may be claimed for each published book chapter or paper, subject to a limit of 10 continuing education units in any given renewal period.
Presenting a workshop or lecture at an international, national, regional, or state perfusion meeting. Five continuing education units may be claimed for each presentation, subject to a limit of 10 continuing education units in any given renewal period.
Presentation of a poster or other exhibit at an international, national, regional, or state perfusion meeting. Two continuing education units may be claimed for each presentation, subject to a limit of 4 continuing education units in any given renewal period.
Participation in an AC-PE site visitor workshop or volunteering as an AC-PE site visitor. Five continuing education units may be claimed for each workshop or site visit, subject to a limit of 10 continuing education units in any given renewal period.
Participation in an ABCP knowledge base survey. Two continuing education units may be claimed for each survey.
Self-directed continuing education meeting ABCP requirements. One continuing education unit may be claimed for each contact hour.

(b) Category II. Non-accredited perfusion meetings and other medical meetings, including all of the following:

Attendance at international, national, regional, or state perfusion or medical meetings, programs, and seminars not approved by ABCP, at which a minimum of 75% of the contact hours consist of perfusion-related material. One-half of a continuing education unit may be claimed for each contact hour, subject to a limit of 10 continuing education units in any given renewal period.
Manufacturer-specific and company-sponsored educational activities. One continuing education unit may be claimed for each contact hour.

Serving as a clinical instructor in an accredited perfusion training program. Two continuing education units may be claimed for this service in each year of a renewal period.
Serving as a didactic instructor in an accredited perfusion training program. One continuing education unit may be claimed for each contact hour, subject to a limit of 4 continuing education units in any given renewal period.
Participation in an ABCP examination development workshop or survey. Two continuing education units may be claimed for each contact hour, subject to a limit of 4 continuing education units in any given renewal period.
Self-learning activities and self-study modules, including use of audiovisual devices or electronic forums, reading scientific journals, and participation in degree-oriented, professionally related course work. One continuing education unit may be claimed for each contact hour, subject to a limit of 10 continuing education units in any given renewal period.
Presentation at an international, national, regional, or state perfusion or medical meeting that is not approved by ABCP. One continuing education unit may be claimed for each hour of presentation.
Participation in a grand round. One continuing education unit may be claimed for each contact hour, subject to a limit of 2 continuing education units in any given renewal period.
Completion of Advanced Cardiac Life Support training. Two continuing education units may be claimed for completion of this training.

(5) Audit. An applicant for renewal shall certify completion of required continuing education. The board shall audit for compliance with the continuing education requirements any licensee who is under investigation by the board for alleged misconduct.

History

CR 03-023: cr. Register March 2004 No. 579, eff. 4-1-04; CR 18-074: cr. (1) (title), (am), am. (2), (3), cr. (4) (title), am. (4) (a) to (c), (5) Register July 2019 No. 763, eff. 8-1-19; corrections in (4) (a) 1., 2., (b) 1., (c) 2. made under s. 35.17, Stats., Register July 2019 No. 763.

Chapter Med 23 ADMINISTRATIVE PHYSICIAN LICENSE

Wis. Admin. Code § Med 23.01 Authority and purpose {#sec-med-23.01 omnilex-key=us-wi-regs-official--agency-med--Med 23.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11, and 448.40, Stats., and govern application for licensure as an administrative physician under s. 448.04 (1) (ac), Stats., and also govern practice thereunder.

History

EmR1505: emerg. cr., eff. 4-1-15; CR 15-022: cr. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 23.02 Application, credentials and eligibility {#sec-med-23.02 omnilex-key=us-wi-regs-official--agency-med--Med 23.02}

An applicant for an administrative physician license must provide a completed and verified application which includes proof that the applicant has graduated from and possesses a diploma from an allopathic or osteopathic medical school approved by the board; and documentary evidence of completion of a postgraduate training program approved by the board. Applicants for an administrative physician license must also meet the same qualifications for licensure as applicants applying under s. 448.05 (2) (a) or (b), Stats.

History

EmR1505: emerg. cr., eff. 4-1-15; CR 15-022: cr. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 23.03 Fees {#sec-med-23.03 omnilex-key=us-wi-regs-official--agency-med--Med 23.03}

The required fees must accompany the application, and must be made payable to the Wisconsin department of safety and professional services.

History

EmR1505: emerg. cr., eff. 4-1-15; CR 15-022: cr. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 23.04 Practice limitations {#sec-med-23.04 omnilex-key=us-wi-regs-official--agency-med--Med 23.04}

The Board may issue an administrative physician license to an applicant whose primary responsibilities are those of an administrative or academic nature, such as professional managerial, administrative, or supervisory activities. T he holder of an administrative physician license may not examine, care for, or treat patients. An administrative physician license does not include the authority to prescribe drugs or controlled substances, delegate medical acts, issue opinions regarding medical necessity, or conduct clinical trials on humans.

History

EmR1505: emerg. cr., eff. 4-1-15; CR 15-022: cr. Register October 2015 No. 718, eff. 11-1-15.

Wis. Admin. Code § Med 23.05 Registration and renewal {#sec-med-23.05 omnilex-key=us-wi-regs-official--agency-med--Med 23.05}

Each administrative physician licensee shall register biennially with the board. Administrative physicians who possess the degree of doctor of osteopathy must register by March 1 of each even-numbered year. Administrative physicians who possess the degree of doctor of medicine must register on or before November 1 of each odd-numbered year. The department shall mail to each licensee at his or her last known address as it appears in the records of the board a notice of renewal for registration. The board shall notify the licensee within 30 business days of receipt of a completed registration form as to whether the application for registration is approved or denied. The administrative physician licensee must comply with all other provisions of s. 448.13, Stats., and of ch. Med 13.

History

EmR1505: emerg. cr., eff. 4-1-15; CR 15-022: cr. Register October 2015 No. 718, eff. 11-1-15; correction made under s. 35.17, Stats., Register October 2015 No. 718.

Wis. Admin. Code § Med 23.06 Interview {#sec-med-23.06 omnilex-key=us-wi-regs-official--agency-med--Med 23.06}

Applicants may be required to complete an oral interview at the discretion of the board.

History

EmR1505: emerg. cr., eff. 4-1-15; CR 15-022: cr. Register October 2015 No. 718, eff. 11-1-15.

Chapter Med 24 TELEMEDICINE

Wis. Admin. Code § Med 24.01 Authority and scope {#sec-med-24.01 omnilex-key=us-wi-regs-official--agency-med--Med 24.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5), 227.11, and 448.40, Stats., and govern the standards of the practice of medicine using telemedicine. The rules in this chapter may not be construed to prohibit any of the following:

(1) Consultations between physicians or the transmission and review of digital images, pathology specimens, test results, or other medical data by physicians related to the care of patients in this state.

(2) Patient care in consultation with another physician who has an established physician-patient relationship with the patient.

(3) Patient care in on-call or cross-coverage situations in which the physician has access to patient records.

(4) Treating a patient with an emergency medical condition. In this subsection, “emergency medical condition” means a medical condition manifesting itself by acute symptoms of sufficient severity that the absence of immediate medical attention will result in serious jeopardy to patient health, serious impairment to bodily functions, or serious dysfunction of a body organ or part.

History

CR 15-087: cr. Register May 2017 No. 737, eff. 6-1-17; CR 24-039: r. (5) Register May 2025 No. 833, eff. 6-1-25.

Wis. Admin. Code § Med 24.02 Definition of telemedicine {#sec-med-24.02 omnilex-key=us-wi-regs-official--agency-med--Med 24.02}

In this chapter, “telemedicine” means “telehealth,” as defined in s. 440.01 (1) (hm), Stats.

History

CR 15-087: cr. Register May 2017 No. 737, eff. 6-1-17; CR 24-039: r. and recr. Register May 2025 No. 833, eff. 6-1-25; correction made under s. 35.17, Stats., Register May 2025 No. 833.

Wis. Admin. Code § Med 24.03 Physician-patient relationship {#sec-med-24.03 omnilex-key=us-wi-regs-official--agency-med--Med 24.03}

A physician-patient relationship may be established through telemedicine.

History

CR 15-087: cr. Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 24.04 Wisconsin medical license required {#sec-med-24.04 omnilex-key=us-wi-regs-official--agency-med--Med 24.04}

A physician who uses telemedicine in the diagnosis and treatment of a patient located in this state shall be licensed to practice medicine and surgery by the medical examining board.

History

CR 15-087: cr. Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 24.05 Standards of practice and conduct {#sec-med-24.05 omnilex-key=us-wi-regs-official--agency-med--Med 24.05}

A physician licensed to practice medicine and surgery by the medical examining board shall be held to the same standards of practice and conduct, including patient confidentiality and recordkeeping, regardless of whether health care services are provided in person or by telemedicine.

History

CR 15-087: cr. Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 24.06 Equipment and technology {#sec-med-24.06 omnilex-key=us-wi-regs-official--agency-med--Med 24.06}

A physician licensed to practice medicine and surgery by the medical examining board who provides health care services by telemedicine is responsible for the quality and safe use of equipment and technology that is integral to patient diagnosis and treatment. The equipment and technology used by the physician to provide health care services by telemedicine shall provide, at a minimum, information that will enable the physician to meet or exceed the standard of minimally competent medical practice.

History

CR 15-087: cr. Register May 2017 No. 737, eff. 6-1-17.

Wis. Admin. Code § Med 24.07 Internet diagnosis and treatment {#sec-med-24.07 omnilex-key=us-wi-regs-official--agency-med--Med 24.07}

(1) When a physician uses a website to communicate to a patient located in this state, the physician may not provide treatment recommendations, including issuing a prescription, unless the following requirements are met:

(a) The physician shall be licensed to practice medicine and surgery by the medical examining board as required under s. Med 24.04.

(b) The physician’s name and contact information have been made available to the patient.

(d) A documented patient evaluation has been performed. A patient evaluation shall include a medical history and, to the extent required to meet or exceed the standard of minimally competent medical practice, an examination or evaluation, or both, and diagnostic tests.

(e) A patient health care record is prepared and maintained as required under ch. Med 21.

(2) Providing treatment recommendations, including issuing a prescription, based only on a static electronic questionnaire does not meet the standard of minimally competent medical practice.

History

CR 15-087: cr. Register May 2017 No. 737, eff. 6-1-17.

Chapter Med 25 SPORTS PHYSICIAN LICENSURE EXEMPTION

Wis. Admin. Code § Med 25.01 Authority and scope {#sec-med-25.01 omnilex-key=us-wi-regs-official--agency-med--Med 25.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5) (b) and 448.03 (2m) (e), Stats., and implement the sports physician licensure exemption under s. 448.03 (2m), Stats.

History

EmR 1829: emerg. cr. eff. 11-3-18; CR 18-078: cr. Register July 2019 No. 763, eff. 8-1-19.

Wis. Admin. Code § Med 25.02 Exemption for medical services provided to a sports team {#sec-med-25.02 omnilex-key=us-wi-regs-official--agency-med--Med 25.02}

(1) Qualification for exemption. A physician who is licensed in good standing to practice medicine and surgery in another state may practice medicine and surgery in this state without a license granted by the medical examining board if the physician has a written agreement with a sports team to provide care to team members and coaching staff traveling with the team for a specific sporting event to take place in this state.

(2) Exemption period. An exemption under this section is valid only while the physician is traveling with the sports team, and, except as provided under sub. (3), is subject to a limit of 10 days per sporting event.

(3) Extension. The medical examining board may extend an exemption under this section for up to 20 days. As provided under s. 448.03 (2m) (c) 1. b., Stats., the total extensions granted a physician under this subsection may not exceed 30 days in a given calendar year. The board shall grant a request for extension that is submitted to the board at least 10 days prior to the expiration date under sub. (2) and includes all of the following:

(a) A completed application on a form provided by the board.

(b) Evidence of the written agreement between the applicant and the sports team.

Note: An application for extension may be obtained from the department of safety and professional services at (608) 261-2112 or from the department’s website at http://dsps.wi.gov.

(4) Display of qualifications. When practicing under this section, a physician shall display upon request a copy of the written agreement between the physician and the sports team and indicia of current and active licensure in the state in which the physician is licensed.

History

EmR 1829: emerg. cr. eff. 11-3-18; CR 18-078: cr. Register July 2019 No. 763, eff. 8-1-19, correction in (1), (3) made under s. 13.92 (4) (b) 6., Stats., Register July 2019 No. 763.

Wis. Admin. Code § Med 25.03 Exemption for medical services provided at the request of a national sport governing body {#sec-med-25.03 omnilex-key=us-wi-regs-official--agency-med--Med 25.03}

(1) Qualifications for exemption. A physician who is licensed in good standing to practice medicine and surgery in another state may practice medicine and surgery in this state without a license granted by the medical examining board if the physician meets all of the following criteria:

(a) The physician has an invitation from a national sport governing body to provide services to team members and coaching staff at a national sport training center in this state or to provide services to athletes and coaching staff at an event or competition in this state that is sanctioned by the national sport governing body.

Note: Examples of a national sport governing body are the National Collegiate Athletic Association and the United States Olympic Committee.

(b) The physician’s practice is limited to that required by the national sport governing body.

(2) Exemption period. An exemption under this section is valid during the time certified by the national sport governing body, subject to a limit of 30 days per exemption.

(3) Display of qualifications. When practicing under this section, a physician shall display upon request evidence of the invitation from the national sport governing body and indicia of current and active licensure in the state in which the physician is licensed.

History

EmR 1829: emerg. cr. eff. 11-3-18; CR 18-078: cr. Register July 2019 No. 763, eff. 8-1-19; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register July 2019 No. 763.

Wis. Admin. Code § Med 25.04 Practice limitations {#sec-med-25.04 omnilex-key=us-wi-regs-official--agency-med--Med 25.04}

As provided under s. 448.03 (2m) (b), Stats., a physician may not do any of the following while practicing under s. Med 25.02 or 25.03:

(1) Provide care or consultation to any person residing in this state, other than an athlete, team member, or member of a coaching staff specified under s. Med 25.02 (1) or 25.03 (1) (a).

(2) Practice at a health care facility, as defined in s. 146.997 (1) (c), Stats., or a clinic, as defined in s. 146.903 (1) (b), Stats.

(3) Prescribe drugs.

History

EmR 1829: emerg. cr. eff. 11-3-18; CR 18-078: cr. Register July 2019 No. 763, eff. 8-1-19.

Chapter Med 26 MILITARY MEDICAL PERSONNEL

Wis. Admin. Code § Med 26.01 Authority and purpose {#sec-med-26.01 omnilex-key=us-wi-regs-official--agency-med--Med 26.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5) (b) and 448.40 (1m), Stats.

History

EmR2308: emerg. cr., eff. 6-1-23; CR 23-037: cr. Register March 2024 No. 819, eff. 4-1-24.

Wis. Admin. Code § Med 26.02 Definitions {#sec-med-26.02 omnilex-key=us-wi-regs-official--agency-med--Med 26.02}

In this chapter:

(1) “Adequate supervision” means the licensed supervising practitioner is competent and authorized under his or her applicable license or certification to perform the delegated clinical act, and must have reasonable evidence that the supervised individual is minimally competent to perform the act under the circumstances.

(2) “Administering facility” means an inpatient health care facility, as defined in s. 50.135 (1), Stats., an outpatient health care location, a community-based residential facility, as defined in s. 50.01 (1g), Stats., or a residential care apartment complex, as defined in s. 50.01 (6d), Stats., that is a party to the memorandum of understanding specified in s. Med 26.05 (1) and maintains a written policy governing registered military medical personnel specified in s. Med 26.05 (1) (g).

(3) “Advanced practice nurse prescriber” means a certified advanced practice nurse prescriber authorized to issue prescription orders under s. 441.16 (2), Stats.

(4) “Basic patient care” means care that can be performed following a defined procedure with minimal modification in which the responses of the patient to the care are predictable.

(5) “Basic patient situation” as determined by a licensed supervising practitioner means the following 3 conditions prevail at the same time in a given situation:

(a) The patient’s clinical condition is predictable.

(b) Medical or nursing orders are not changing frequently and do not contain complex modifications.

(6) “Complex patient situation” as determined by a licensed supervising practitioner means any one or more of the following conditions exist in a given situation:

(a) The patient’s clinical condition is not predictable.

(b) Medical or nursing orders are likely to involve frequent changes or complex modifications.

(c) The patient’s clinical condition indicates care that is likely to require modification of procedures in which the responses of the patient to the care are not predictable.

(7) “Direct supervision” means immediate availability to continually coordinate, direct, and inspect in real time the practice of another.

(8) “General supervision” means to continually coordinate, direct, and inspect the practice of another.

(9) “Licensed supervising practitioner” means a physician licensed under s. 448.03 (1), Stats., a physician assistant licensed under s. 448.972 (1), Stats., a podiatrist licensed under s. 448.63 (1), Stats., a registered nurse licensed under s. 441.06 (1), Stats., or an advanced practice nurse prescriber.

(10) “Military medical personnel” means a person who served as an army medic, a navy or coast guard corpsman, or an air force aerospace medical technician in the U.S. armed forces.

(11) “Military medical personnel program participant” means a military medical personnel who qualifies to participate in the program created under s. 440.077 (2) (a), Stats.

History

EmR2308: emerg. cr., eff. 6-1-23; CR 23-037: cr. Register March 2024 No. 819, eff. 4-1-24; corrections in (2) made under ss. 13.92 (4) b. 7. and 35.17, Stats., and correction in (9) made under s. 35.17, Stats., Register March 2024 No. 819.

Wis. Admin. Code § Med 26.03 Program participation {#sec-med-26.03 omnilex-key=us-wi-regs-official--agency-med--Med 26.03}

A military medical program participant shall meet all of the requirements in s. SPS 11.03.

History

EmR2308: emerg. cr., eff. 6-1-23; CR 23-037: cr. Register March 2024 No. 819, eff. 4-1-24.

Wis. Admin. Code § Med 26.04 Delegated authority {#sec-med-26.04 omnilex-key=us-wi-regs-official--agency-med--Med 26.04}

(1) Except as otherwise prohibited by any other rule or statute, a licensed supervising practitioner may delegate their licensed or certified professional practice authority to perform a clinical act to a person who is a military medical personnel program participant if all of the following are true:

(a) The licensed supervising practitioner is competent and authorized under their applicable license or certification to perform the delegated clinical act.

(b) The licensed supervising practitioner has reasonable evidence that the supervised military medical personnel program participant is minimally competent to perform the delegated clinical act under the circumstances based on the individual’s level of training and experience. Such reasonable evidence may include the memorandum of understanding signed by the military medical personnel program participant and the administering facility specified in s. Med 26.05. Reasonable evidence may also include any other relevant information as determined by the licensed supervising practitioner.

(d) The delegated clinical act is performed in an administering facility.

(2) The licensed supervising practitioner who delegates a clinical act for a patient to a registered military medical personnel pursuant to this section retains responsibility for the care of the patient.

(3) Subject to the limitation in s. 440.077 (2) (b), Stats., and except as provided in sub. (4), the scope in which a registered military medical personnel may practice is limited to the performance of acts in basic patient situations under the general supervision of a licensed supervising practitioner, which includes the following:

(a) Accept only patient care assignments which the military medical personnel program participant is competent to perform.

(b) Provide basic patient care.

(d) Consult with a provider in cases where the military medical personnel program participant knows or should know a delegated clinical act may harm a patient.

(e) Perform the following other acts when applicable:

Assist with the collection of data.
Assist with the development and revision of a patient care plan.
Reinforce the teaching provided by a licensed provider and provide basic health care instruction.
Participate with other health team members in meeting basic patient needs.

(f) Any other task authorized by the memorandum of understanding and delegated to the program participant by their licensed supervising practitioner.

(4) In the performance of acts in complex patient situations the military medical personnel program participant shall perform delegated clinical acts beyond basic patient care only under the direct supervision of a licensed supervising practitioner. A military medical personnel program participant shall, upon request of the medical examining board, provide documentation of his or her education, training, or experience which prepares the military medical personnel program participant to competently perform these assignments.

History

EmR2308: emerg. cr., eff. 6-1-23; CR 23-037: cr. Register March 2024 No. 819, eff. 4-1-24; corrections in (3) (intro.) made under ss. 13.92 (4) (b) 7. and 35.17, Stats., and correction in (3) (f), (4) made under s. 35.17, Stats., Register March 2024 No. 819.

Wis. Admin. Code § Med 26.05 Documentation of training and experience {#sec-med-26.05 omnilex-key=us-wi-regs-official--agency-med--Med 26.05}

(1) A military medical personnel who practices pursuant to this chapter shall sign a memorandum of understanding form published by the medical examining board that includes all of the following:

(a) The name of the administering facility at which the military medical personnel will be providing delegated clinical care pursuant to this chapter.

(b) An identification of the military medical personnel as either an army medic, a navy corpsman, a coastguard corpsman, or an air force aerospace medical technician, and the individual’s dates of service in such role.

(c) The date of the military medical personnel’s date of honorable or regular discharge from military service. Such date must be within the 12 months prior to the date the memorandum of understanding is signed by the military medical personnel and the administering facility.

(d) A description of the medical training and experience the individual received as an army medic, a navy corpsman, a coastguard corpsman, or an air force aerospace medical technician.

(e) A reasonable timeline, consistent with s. 440.077 (3) (c), Stats., that describes the actions the military medical personnel intends to take to acquire a license under s. 441.06, 441.10, 448.04, 448.61, or 448.974, Stats., including the date by which the military medical personnel agrees to acquire the license. Except as provided in s. Med 26.06, the memorandum of understanding shall terminate one day after the date specified above or the date the military medical personnel acquires the license, whichever is earlier. A reasonable timeline shall be subject to approval by the board or it’s designee. Such approval may include consideration of any of the following factors:

The amount of time left in a military medical personnel’s education program related to the license or certification they are applying for.
The dates and locations of examinations required for licensure or certification.
A military medical personnel’s own serious medical condition diagnosed by a physician or that of an immediate family member.
Any other information that the board deems necessary to approve a reasonable timeline.

(f) An attestation by the military medical personnel that they will not accept a delegation of practice authority under this chapter to perform a clinical act if his or her training and experience as a military medical personnel did not include that clinical act.

(g) An attestation by the administering facility that it has a written policy governing clinical practice by registered military medical personnel, and that policy is shared with the military medical personnel subject to the memorandum of understanding and those licensed supervising practitioners authorized to delegate clinical acts to the individual.

(h) An attestation by the administering facility that the administering facility to the best of the administering facility’s knowledge and with a reasonable degree of certainty, all of the information in the memorandum of understanding is true.

(i) The memorandum of understanding is signed and dated by the military medical personnel and an authorized representative of the administering facility.

Note: The memorandum of understanding form can be located on the department’s website at http://dsps.wi.gov.

(2) The military medical personnel shall submit a completed memorandum of understanding that meets all of the requirements in sub. (1) to the military medical personnel’s employer.

(3) The military medical personnel shall submit the completed timeline under sub. (1) (e) to the department in the manner specified by the medical examining board on its published timeline form.

History

EmR2308: emerg. cr., eff. 6-1-23; CR 23-037: cr. Register March 2024 No. 819, eff. 4-1-24; correction in (1) (e) (intro.) made under s. 35.17, Stats., Register March 2024 No. 819.

Wis. Admin. Code § Med 26.06 Extension of memorandum of understanding expiration date {#sec-med-26.06 omnilex-key=us-wi-regs-official--agency-med--Med 26.06}

The medical examining board may extend the termination date of a signed memorandum of understanding under s. Med 26.05 if it appears that, because of unforeseen circumstances, the applicant requires more time to receive a license under s. 441.06, 441.10, 448.04, 448.61, or 448.974, Stats.

History

EmR2308: emerg. cr., eff. 6-1-23; CR 23-037: cr. Register March 2024 No. 819, eff. 4-1-24; correction made under s. 35.17, Stats., Register March 2024 No. 819.

Wis. Admin. Code § Med 26.07 Complaints, investigations, suspension, and termination of authorization {#sec-med-26.07 omnilex-key=us-wi-regs-official--agency-med--Med 26.07}

The medical examining board may receive and investigate complaints against a military medical personnel program participant performing delegated clinical acts pursuant to this chapter. The medical examining board may suspend or terminate a military medical personnel program participant’s authority to perform delegated clinical acts pursuant to this chapter.

History

CR 23-037: cr. Register March 2024 No. 819, eff. 4-1-24.

Chapter Med 27 INTERNATIONAL PHYSICIAN PROVISIONAL LICENSE

Wis. Admin. Code § Med 27.01 Authority and purpose {#sec-med-27.01 omnilex-key=us-wi-regs-official--agency-med--Med 27.01}

The rules in this chapter are adopted by the medical examining board pursuant to the authority delegated by ss. 15.08 (5) (b) and 448.40 (1) and (3), Stats.

History

CR 24-099: cr. Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § Med 27.02 Definitions {#sec-med-27.02 omnilex-key=us-wi-regs-official--agency-med--Med 27.02}

As used in this chapter:

(1) “Basic fluency” means the ability to perform the practice of medicine competently, independently, and unsupervised in any setting and in any modality where health care is provided with the knowledge, skill, and ability required to communicate accurately in the English language in accordance with established standards of the profession in this state.

(2) “Country of practice” means the country where the applicant currently practices or has recently practiced medicine and surgery under a credential in good standing.

(3) “Provisional license” is a license granted under s. 448.05 (2m), Stats.

(4) “Substantially similar” means comparable in program content and educational experience needed to prepare a person for professional practice as a physician in the United States, but differing in format or method of delivery.

History

CR 24-099: cr. Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § Med 27.03 Provisional licensure {#sec-med-27.03 omnilex-key=us-wi-regs-official--agency-med--Med 27.03}

An applicant for a provisional license to practice medicine and surgery shall submit evidence to the medical examining board that the applicant satisfies all of the following:

(1) Submission of a completed application for provisional licensure.

Note: Instructions for applications are available from the department of safety and professional services’ website at http://dsps.wi.gov.

(2) Payment of the fee determined by the department under s. 440.05 (1), Stats.

(3) Subject to ss. 111.321, 111.322, and 111.335, Stats., the applicant does not have an arrest or conviction record.

(4) The applicant has an offer for full-time employment as a physician in this state from any of the following:

(a) A federally qualified health center, as defined in s. 253.075 (1) (e), Stats.

(b) A community health center, as defined in s. 250.15 (1) (a), Stats.

(d) An ambulatory surgical center as defined in 42 CFR 416.2.

(e) Any other health care facility approved by the board.

(5) The applicant has been granted a medical doctorate or a substantially similar degree by an international medical program.

(6) The applicant has completed a residency program or a postgraduate medical training program that is substantially similar to a residency program.

(7) The applicant has practiced as a fully licensed physician in their country of practice for at least 5 years after completing a residency program or a postgraduate medical training program under sub. (6). For the purposes of this chapter, an applicant may have more than one country of practice if they are fully licensed to practice medicine and surgery in all the countries listed in their application.

(8) In the last 5 years before the application was submitted, the applicant has practiced continuously as a physician in their country of practice for at least one year.

(9) The applicant has been in good standing with the medical licensing or regulatory agency of their country of practice and does not have any pending disciplinary action against their license for the 5 years preceding the individual’s application.

(10) The applicant has passed all steps of the United States medical licensing examination administered by the national board of medical examiners and the federation of state medical boards, or their successor organization.

Note: The United States medical licensing examination is commonly referred to as the USMLE.

(11) The applicant has obtained certification by the educational council for foreign medical graduates, a successor organization, or another evaluation entity approved by the board.

Note: The Educational Council for Foreign Medical Graduates is commonly referred to as the ECFMG.

(12) The applicant’s federal immigration status and employment authorization legally permits them to work as a physician in this state.

(13) The applicant demonstrates basic fluency in the English language. Demonstration of basic fluency in the English language may be accomplished by passage of a basic fluency English examination such as the occupational english test medicine.

History

CR 24-099: cr. Register September 2025 No. 837, eff. 10-1-25; correction in (intro.) made under s. 13.92 (4) (b) 6., Stats., and correction in (4) (a) to (d) made under s. 35.17, Stats., Register September 2025 No. 837.

Wis. Admin. Code § Med 27.04 Oral examination {#sec-med-27.04 omnilex-key=us-wi-regs-official--agency-med--Med 27.04}

(1) In addition to the examination under s. Med 27.03 (10), the applicant may be required to complete an oral examination to address a failure to sufficiently meet the requirements listed under this chapter.

(2) The medical examining board will notify each applicant required to complete an oral examination of the time and place scheduled for that applicant's examination. Failure of an applicant to appear for an examination as scheduled may void that applicant's application and require the applicant to reapply for licensure, unless prior scheduling arrangements have been made with the board by the applicant.

(3) The oral examination will be conducted by at least two medical examining board members. The oral examination is scored either pass or fail. The application is approved if all examining board members give them a passing grade. If the application fails, then it moves on to a full board oral examination. The board may deny an application when an applicant fails a full board oral examination, pursuant to s. 448.06 (2), Stats.

History

CR 24-099: cr. Register September 2025 No. 837, eff. 10-1-25; correction in (1), (3) made under s. 35.17, Stats., and correction in (1) to (3) made under s. 13.92 (4) (b) 6., Stats., Stats., Register September 2025 No. 837.

Wis. Admin. Code § Med 27.05 Practice limitations {#sec-med-27.05 omnilex-key=us-wi-regs-official--agency-med--Med 27.05}

A provisional license holder shall comply with all the following while performing the practice of medicine and surgery in this state:

(1) The provisional license holder shall only practice under the supervision of a physician in a similar specialty who is licensed under s. 448.04 (1) (a) or (ab), Stats.

(2) The provisional license holder shall only practice in one of the practice settings under s. Med 27.03 (4) where they are employed.

(3) Every 6 months or at the request of the medical examining board, the provisional license holder shall submit a statement certifying whether they are still employed as a physician in this state and whether they have been subjected to professional discipline as a result of their practice to the board. If the provisional license holder has been subjected to professional discipline, they shall submit a description of the circumstances to the medical examining board.

History

CR 24-099: cr. Register September 2025 No. 837, eff. 10-1-25; correction in (1) made under s. 35.17, Stats., and correction in (3) made under s. 13.92 (4) (b) 6. Register September 2025 No. 837.

Wis. Admin. Code § Med 27.06 Regular licensure {#sec-med-27.06 omnilex-key=us-wi-regs-official--agency-med--Med 27.06}

A provisional credential holder who has practiced medicine and surgery full-time in this state while maintaining good standing, as determined by the medical examining board, for 3 consecutive years, shall petition the board for a regular license under s. 448.04 (1) (a), Stats. The supervising physician under s. Med 27.05 (1) shall submit written confirmation to the board that the applicant has successfully completed the requirements for a regular license under s. 448.04 (1) (a), Stats.

History

CR 24-099: cr. Register September 2025 No. 837, eff. 10-1-25; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2025 No. 837.

Wis. Admin. Code § Med 27.07 Complaints, investigations, suspension, and revocation {#sec-med-27.07 omnilex-key=us-wi-regs-official--agency-med--Med 27.07}

The medical examining board may receive and investigate complaints against provisional license holders to determine whether a provisional license holder has violated the rules in this chapter or has violated any state or federal law or any other jurisdiction related to the practice of medicine. The board may reprimand a provisional license holder or deny, limit, suspend, or revoke a provisional license as a result of any such investigations and complaints.

History

CR 24-099: cr. Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code Med — Medical Examining Board

Chapter Med 1 LICENSE TO PRACTICE MEDICINE AND SURGERY

Wis. Admin. Code § Med 1.01 Authority and purpose {#sec-med-1.01 omnilex-key=us-wi-regs-official--agency-med--Med 1.01}

Wis. Admin. Code § Med 1.015 Definitions {#sec-med-1.015 omnilex-key=us-wi-regs-official--agency-med--Med 1.015}

Wis. Admin. Code § Med 1.02 Applications and credentials {#sec-med-1.02 omnilex-key=us-wi-regs-official--agency-med--Med 1.02}

Wis. Admin. Code § Med 1.03 Translation of documents {#sec-med-1.03 omnilex-key=us-wi-regs-official--agency-med--Med 1.03}

Wis. Admin. Code § Med 1.05 Fees {#sec-med-1.05 omnilex-key=us-wi-regs-official--agency-med--Med 1.05}

Wis. Admin. Code § Med 1.06 Panel review of applications; examinations required {#sec-med-1.06 omnilex-key=us-wi-regs-official--agency-med--Med 1.06}

Wis. Admin. Code § Med 1.08 Failure and reexamination {#sec-med-1.08 omnilex-key=us-wi-regs-official--agency-med--Med 1.08}

Wis. Admin. Code § Med 1.10 Board review of examination error claim {#sec-med-1.10 omnilex-key=us-wi-regs-official--agency-med--Med 1.10}

Chapter Med 2 TEMPORARY LICENSE TO PRACTICE MEDICINE AND SURGERY

Wis. Admin. Code § Med 2.01 Authority and purpose {#sec-med-2.01 omnilex-key=us-wi-regs-official--agency-med--Med 2.01}

Wis. Admin. Code § Med 2.02 Applications, credentials, eligibility, and issuance {#sec-med-2.02 omnilex-key=us-wi-regs-official--agency-med--Med 2.02}

Wis. Admin. Code § Med 2.03 Fees {#sec-med-2.03 omnilex-key=us-wi-regs-official--agency-med--Med 2.03}

Wis. Admin. Code § Med 2.04 Expiration {#sec-med-2.04 omnilex-key=us-wi-regs-official--agency-med--Med 2.04}

Wis. Admin. Code § Med 2.05 No renewal provision {#sec-med-2.05 omnilex-key=us-wi-regs-official--agency-med--Med 2.05}

Chapter Med 3 VISITING PHYSICIAN LICENSE

Wis. Admin. Code § Med 3.01 Authority and purpose {#sec-med-3.01 omnilex-key=us-wi-regs-official--agency-med--Med 3.01}

Wis. Admin. Code § Med 3.02 Applications, credentials, and eligibility {#sec-med-3.02 omnilex-key=us-wi-regs-official--agency-med--Med 3.02}

Wis. Admin. Code § Med 3.03 Fees {#sec-med-3.03 omnilex-key=us-wi-regs-official--agency-med--Med 3.03}

Wis. Admin. Code § Med 3.04 Practice limitations {#sec-med-3.04 omnilex-key=us-wi-regs-official--agency-med--Med 3.04}

Wis. Admin. Code § Med 3.05 Expiration and renewal {#sec-med-3.05 omnilex-key=us-wi-regs-official--agency-med--Med 3.05}

Chapter Med 4 CAMP PHYSICIAN OR LOCUM TENENS LICENSE

Wis. Admin. Code § Med 4.01 Authority and purpose {#sec-med-4.01 omnilex-key=us-wi-regs-official--agency-med--Med 4.01}

Wis. Admin. Code § Med 4.02 Applications, credentials, and eligibility {#sec-med-4.02 omnilex-key=us-wi-regs-official--agency-med--Med 4.02}

Wis. Admin. Code § Med 4.04 Examination {#sec-med-4.04 omnilex-key=us-wi-regs-official--agency-med--Med 4.04}

Wis. Admin. Code § Med 4.05 Practice limitations {#sec-med-4.05 omnilex-key=us-wi-regs-official--agency-med--Med 4.05}

Wis. Admin. Code § Med 4.06 Expiration and renewal {#sec-med-4.06 omnilex-key=us-wi-regs-official--agency-med--Med 4.06}

Chapter Med 5 RESIDENT EDUCATIONAL LICENSE TO PRACTICE MEDICINE AND SURGERY

Wis. Admin. Code § Med 5.01 Authority and purpose {#sec-med-5.01 omnilex-key=us-wi-regs-official--agency-med--Med 5.01}

Wis. Admin. Code § Med 5.02 Applications, credentials, and eligibility {#sec-med-5.02 omnilex-key=us-wi-regs-official--agency-med--Med 5.02}

Wis. Admin. Code § Med 5.03 Fees {#sec-med-5.03 omnilex-key=us-wi-regs-official--agency-med--Med 5.03}

Wis. Admin. Code § Med 5.035 Examination {#sec-med-5.035 omnilex-key=us-wi-regs-official--agency-med--Med 5.035}

Wis. Admin. Code § Med 5.04 Practice limitations {#sec-med-5.04 omnilex-key=us-wi-regs-official--agency-med--Med 5.04}

Wis. Admin. Code § Med 5.05 Revocation {#sec-med-5.05 omnilex-key=us-wi-regs-official--agency-med--Med 5.05}

Wis. Admin. Code § Med 5.06 Expiration and renewal {#sec-med-5.06 omnilex-key=us-wi-regs-official--agency-med--Med 5.06}

Chapter Med 9 DENIAL OF LICENSE

Wis. Admin. Code § Med 9.01 Denial of license {#sec-med-9.01 omnilex-key=us-wi-regs-official--agency-med--Med 9.01}

Chapter Med 10 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § Med 10.01 Authority and intent {#sec-med-10.01 omnilex-key=us-wi-regs-official--agency-med--Med 10.01}

Wis. Admin. Code § Med 10.02 Definitions {#sec-med-10.02 omnilex-key=us-wi-regs-official--agency-med--Med 10.02}

Wis. Admin. Code § Med 10.03 Unprofessional conduct {#sec-med-10.03 omnilex-key=us-wi-regs-official--agency-med--Med 10.03}

Chapter Med 11 ABORTIONS

Wis. Admin. Code § Med 11.01 Authority and purpose {#sec-med-11.01 omnilex-key=us-wi-regs-official--agency-med--Med 11.01}

Wis. Admin. Code § Med 11.02 Abortion defined {#sec-med-11.02 omnilex-key=us-wi-regs-official--agency-med--Med 11.02}

Wis. Admin. Code § Med 11.03 Practice of medicine and surgery {#sec-med-11.03 omnilex-key=us-wi-regs-official--agency-med--Med 11.03}

Wis. Admin. Code § Med 11.04 First 12 weeks of gestation {#sec-med-11.04 omnilex-key=us-wi-regs-official--agency-med--Med 11.04}

Wis. Admin. Code § Med 11.05 After 12 weeks gestation {#sec-med-11.05 omnilex-key=us-wi-regs-official--agency-med--Med 11.05}

Chapter Med 13 CONTINUING MEDICAL EDUCATION FOR PHYSICIANS

Wis. Admin. Code § Med 13.01 Authority and purpose {#sec-med-13.01 omnilex-key=us-wi-regs-official--agency-med--Med 13.01}

Wis. Admin. Code § Med 13.02 Continuing medical education required; waiver {#sec-med-13.02 omnilex-key=us-wi-regs-official--agency-med--Med 13.02}

Wis. Admin. Code § Med 13.03 Acceptable continuing medical educational programs {#sec-med-13.03 omnilex-key=us-wi-regs-official--agency-med--Med 13.03}

Wis. Admin. Code § Med 13.04 Physician postgraduate training program; length of service {#sec-med-13.04 omnilex-key=us-wi-regs-official--agency-med--Med 13.04}

Wis. Admin. Code § Med 13.05 Evidence of compliance {#sec-med-13.05 omnilex-key=us-wi-regs-official--agency-med--Med 13.05}

Wis. Admin. Code § Med 13.06 Audit {#sec-med-13.06 omnilex-key=us-wi-regs-official--agency-med--Med 13.06}

Chapter Med 14 BIENNIAL REGISTRATION

Wis. Admin. Code § Med 14.01 Authority and purpose {#sec-med-14.01 omnilex-key=us-wi-regs-official--agency-med--Med 14.01}

Wis. Admin. Code § Med 14.02 Definitions {#sec-med-14.02 omnilex-key=us-wi-regs-official--agency-med--Med 14.02}

Wis. Admin. Code § Med 14.03 Registration required; method of registration {#sec-med-14.03 omnilex-key=us-wi-regs-official--agency-med--Med 14.03}

Wis. Admin. Code § Med 14.04 Initial registration {#sec-med-14.04 omnilex-key=us-wi-regs-official--agency-med--Med 14.04}

Wis. Admin. Code § Med 14.05 Registration prohibited, annulled; reregistration {#sec-med-14.05 omnilex-key=us-wi-regs-official--agency-med--Med 14.05}

Wis. Admin. Code § Med 14.06 Failure to be registered {#sec-med-14.06 omnilex-key=us-wi-regs-official--agency-med--Med 14.06}

Chapter Med 15 PRACTICE OF MEDICINE AND SURGERY DEFINED: EXCLUSION OF TATTOOING AND BODY PIERCING

Wis. Admin. Code § Med 15.01 Authority and purpose {#sec-med-15.01 omnilex-key=us-wi-regs-official--agency-med--Med 15.01}

Wis. Admin. Code § Med 15.02 Tattooing and body piercing {#sec-med-15.02 omnilex-key=us-wi-regs-official--agency-med--Med 15.02}

Chapter Med 17 STANDARDS FOR DISPENSING AND PRESCRIBING DRUGS

Wis. Admin. Code § Med 17.01 Authority and purpose {#sec-med-17.01 omnilex-key=us-wi-regs-official--agency-med--Med 17.01}

Wis. Admin. Code § Med 17.02 Definitions {#sec-med-17.02 omnilex-key=us-wi-regs-official--agency-med--Med 17.02}

Wis. Admin. Code § Med 17.03 Packaging {#sec-med-17.03 omnilex-key=us-wi-regs-official--agency-med--Med 17.03}

Wis. Admin. Code § Med 17.04 Labeling {#sec-med-17.04 omnilex-key=us-wi-regs-official--agency-med--Med 17.04}

Wis. Admin. Code § Med 17.05 Recordkeeping {#sec-med-17.05 omnilex-key=us-wi-regs-official--agency-med--Med 17.05}

Wis. Admin. Code § Med 17.06 Prescription orders by nurses and ancillary health care personnel {#sec-med-17.06 omnilex-key=us-wi-regs-official--agency-med--Med 17.06}

Chapter Med 18 INFORMED CONSENT

Wis. Admin. Code § Med 18.01 Authority, purpose and scope {#sec-med-18.01 omnilex-key=us-wi-regs-official--agency-med--Med 18.01}

Wis. Admin. Code § Med 18.02 Definitions {#sec-med-18.02 omnilex-key=us-wi-regs-official--agency-med--Med 18.02}

Wis. Admin. Code § Med 18.03 Informed consent {#sec-med-18.03 omnilex-key=us-wi-regs-official--agency-med--Med 18.03}

Wis. Admin. Code § Med 18.04 Exceptions to communication of alternate modes of treatment {#sec-med-18.04 omnilex-key=us-wi-regs-official--agency-med--Med 18.04}

Wis. Admin. Code § Med 18.05 Recordkeeping {#sec-med-18.05 omnilex-key=us-wi-regs-official--agency-med--Med 18.05}

Chapter Med 20 RESPIRATORY CARE PRACTITIONERS

Wis. Admin. Code § Med 20.01 Authority and purpose {#sec-med-20.01 omnilex-key=us-wi-regs-official--agency-med--Med 20.01}