Wis. Admin. Code Chir — Chiropractic Examining Board

agency-chirWis. Admin. Code ChirRegulation

Chapter Chir 1 AUTHORITY AND DEFINITIONS

Wis. Admin. Code § Chir 1.01 Authority {#sec-chir-1.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 1.01}

The rules in chs. Chir 1 to 13 are adopted under the authority of ss. 15.08 (5) (b), 227.11 (2) and ch. 446, Stats.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1990, No. 411; am. Register, January, 1995, No. 469, eff. 2-1-95; am. Register, September, 1999, No. 525, eff. 10-1-99; CR 17-059: am. Register August 2018 No. 752, eff. 9-1-18.
Wis. Admin. Code § Chir 1.02 Definitions {#sec-chir-1.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 1.02}

As used in chs. Chir 1 to 13:

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

(1m) “Current proficiency in the use of an automated external defibrillator” means that a person has successfully completed a course of instruction in the use of an automated external defibrillator provided by an individual, organization or institution of higher education approved to provide the instruction under s. 46.03 (38), Stats., within the 24 months immediately prior to application.

(2) “Department” means the department of safety and professional services.

(3) “Direct, on-premises supervision” means that the treating chiropractor has ordered a specific patient care function to be performed by a specific person, and is present in the treatment facility while the patient care function is being performed, and is immediately available to exercise personal supervision of the patient care function if the person performing the function requests.

(4) “Health care professional” has the meaning given in s. 446.01 (1v), Stats.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; am. (intro.), cr. (3), Register, January, 1995, No. 469, eff. 2-1-95; am. (intro.), Register, September, 1999, No. 525, eff. 10-1-99; CR 08-093: cr. (1m) Register October 2009 No. 646, eff. 11-1-09; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; CR 17-059: am. (intro.) Register August 2018 No. 752, eff. 9-1-18; CR 18-105: am. (3), cr. (4) Register May 2020 No. 773, eff. 6-1-20.

Chapter Chir 2 EXAMINATIONS

Wis. Admin. Code § Chir 2.02 Applications {#sec-chir-2.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 2.02}

An applicant for licensure as a chiropractor shall make an application on a form prescribed by the board at least 30 days prior to the date of the next scheduled board meeting and shall also submit:

Note: Instructions for applications can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(1) The fee required under s. 440.05 (1), Stats.

(3) An official certified transcript sent directly to the board from a college or university or post-secondary technical college accredited by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college or post-secondary technical college showing completion by the applicant of a minimum of 60 credits in post-secondary academic education as specified in s. 446.02 (2), Stats.

Note: Accrediting bodies nationally recognized by the United States Office of Education include the New England Association of Schools and Colleges, the Middle States Association of Colleges and Schools, the North Central Association of Colleges and Schools, the Northwest Association of Schools and Colleges, the Southern Association of Colleges and Schools, and the Western Association of Schools and Colleges.

(4) An official certified transcript sent directly to the board from a chiropractic college accredited by the Commission on Accreditation of the Council on Chiropractic Education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency.

(5) Proof of successful completion of the initial licensure examinations of the national board of chiropractic examiners.

(6) Applications for an initial license to practice chiropractic in this state received on or after July 1, 1998, shall include all of the following:

(a) An official certified transcript sent directly to the board from a college or university accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education, or from a foreign school determined to be equivalent to an accredited college or university by an approved accrediting agency, stating that the applicant has graduated from that college or university with a bachelor’s degree.

(b) An official certified transcript sent directly to the board from a college of chiropractic accredited by the Council on Chiropractic Education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency, stating that the applicant has graduated from the college with the degree of doctor of chiropractic.

(c) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.

Note: The bachelor’s degree and the doctor of chiropractic degree may be earned in either order or simultaneously, but the board may not grant a license to any applicant who does not have both degrees.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; am. (4), Register, May, 1986, No. 365, eff. 6-1-86; am. (4), Register, November, 1989, No. 407, eff. 12-1-89; cr. (6), Register, September, 1994, No. 465, eff. 7-1-98; am. (4), Register, September, 1995, No. 477, eff. 10-1-95; am. (intro.), (1), (3) to (6), r. (2), cr. (7), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (intro.), (3), (4), (6) (a) and (b), r. (7) Register July 2004 No. 583, eff. 8-1-04; CR 08-093: cr. (6) (c) Register October 2009 No. 646, eff. 11-1-09.
Wis. Admin. Code § Chir 2.025 Time for completing applications and taking examination {#sec-chir-2.025 omnilex-key=us-wi-regs-official--agency-chir--Chir 2.025}

An application is incomplete until all materials described in s. Chir 2.02 are filed with the board. All application materials described in s. Chir 2.02 shall be filed with the board within one year from the date the first item is filed. If an application is incomplete for more than one year, or if an applicant fails to take an examination within one year from the date the first item was filed, the applicant shall begin the application process anew.

History

  • Cr. Register, November, 1989, No. 407, eff. 12-1-89; am. Register, June, 1993, No. 450, eff. 7-1-93; am. Register, September, 1999, No. 525, eff. 10-1-99; CR 14-068: am. Register July 2015 No. 715, eff. 8-1-15.
Wis. Admin. Code § Chir 2.03 Form of examination; state law examination {#sec-chir-2.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 2.03}

An applicant shall pass an examination on state laws including ch. 446, Stats., and chs. Chir 1 to 13. An applicant with a disability shall be provided reasonable accommodations for completing the examination under this section.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85, am. Register, October, 1988, No. 394, eff. 11-1-88; am. (1), (2) (intro.) and (b), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (intro.) Register July 2004 No, 583, eff. 8-1-04; CR 14-068: renum. from (1) and am., r. (2) Register July 2015 No. 715, eff. 8-1-15; correction in title made under s. 13.92 (4) (b) 2., Stats., Register July 2015 No. 715; CR 18-015: am. Register August 2019 No. 764, eff. 9-1-19.
Wis. Admin. Code § Chir 2.04 Unauthorized assistance or cheating on examinations {#sec-chir-2.04 omnilex-key=us-wi-regs-official--agency-chir--Chir 2.04}

The board may withhold the grade, deny release of grades or deny issuance of a credential of an applicant who gives or receives unauthorized assistance during the state law examination, violates rules of conduct of an examination, or otherwise cheats or acts dishonestly respecting an examination. The board may consider this applicant for retesting at a future time.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; r. and recr. Register, October, 1988, No. 394, eff. 11-1-88; am. Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. Register July 2004 No, 583, eff. 8-1-04.
Wis. Admin. Code § Chir 2.07 Passing grade {#sec-chir-2.07 omnilex-key=us-wi-regs-official--agency-chir--Chir 2.07}

(1) National examination. To pass the examination of the national board of chiropractic examiners, each applicant for licensure by exam shall receive a grade determined by the legislature to represent minimum competence to practice.

(2) State law examination. To pass the state law examination, each applicant shall receive a grade determined by the board to represent minimum competence to practice.

History

  • Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (2) and (3), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (3) Register July 2004 No. 583, eff. 8-1-04; CR 14-068: am. (1), r. (3) Register July 2015 No. 715, eff. 8-1-15.
Wis. Admin. Code § Chir 2.11 Reexamination; state law examination {#sec-chir-2.11 omnilex-key=us-wi-regs-official--agency-chir--Chir 2.11}

An applicant who fails the state law examination shall be required to retake that examination.

History

  • Cr. Register, October, 1988, No. 394, eff. 11-1-88; am. (1) and (2), Register, June, 1994, No. 462, eff. 7-1-94; am. (2) and (3), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (2) and (3) Register July 2004 No. 583, eff. 8-1-04; CR 14-068: r. (2) and (3) Register July 2015 No. 715, eff. 8-1-15; renum. from (1) under s. 13.92 (4) (b) 1., correction in title made under s. 13.92 (4) (b) 2., Stats., Register July 2015 No. 715.

Chapter Chir 3 LICENSURE

Wis. Admin. Code § Chir 3.02 License renewal {#sec-chir-3.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.02}

(1) Requirements for renewal. To renew and obtain a new license a licensee shall, by December 15 of the even-numbered year following initial licensure and every 2 years thereafter, file with the department all of the following:

(a) An application for renewal on a form prescribed by the department.

(b) The fee required under s. 440.08 (2) (a), Stats.

(c) Verification that the licensee has, during the biennial period immediately preceding application, completed the continuing education requirement specified in s. 446.02 (1) (b), Stats., except that the requirement may be waived if the licensee was not practicing in Wisconsin during that period. Licensees shall retain original documents showing attendance at programs for at least 4 years from the time that credit is claimed for the continuing education program. Licensees shall deliver their original documents or copies to the board upon request.

(d) Evidence that the licensee is certified in cardiopulmonary resuscitation or has been granted a waiver of the requirement by the board.

(e) Evidence that the applicant has current proficiency in the use of an automated external defibrillator.

(2) Requirements for late renewal. A licensee who fails to meet the requirements in sub. (1) by the renewal date shall cease and desist from practice as a chiropractor until all requirements for renewal are met. Within 5 years following the renewal date, a licensee may renew and obtain a new license by filing with the department the materials specified in sub. (1) and a late renewal fee specified in s. 440.08 (3) (a), Stats.

(3) Requirements for reinstatement.

(a) Reinstatement following failure to renew. A licensee who fails to renew within 5 years of the renewal date may be reinstated by meeting requirements in sub. (2), completing continuing education requirements for the previous biennium, and may be required to take an examination prescribed by the board.

(b) Reinstatement following disciplinary action. An applicant for reinstatement of license following disciplinary action shall meet requirements in sub. (1) and may be required to successfully complete an examination as the board prescribes.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; am. (1) (intro), (a), (b), (2) and (3) (a), Register, January, 1993, No. 445, eff. 2-1-93; am. (1) (b), Register, September, 1999, No. 525, eff. 10-1-99; correction in (2) made under s. 13.93 (2m) (b) 7., Stats; cr. (1) (d), Register, June, 2001, No. 546, eff. 7-1-01; CR 03-082: am. (1) (intro.), (c), (d), (2) and (3) (a) Register July 2004 No. 583, eff. 8-1-04; CR 08-093: cr. (1) (e) Register October 2009 No. 646, eff. 11-1-09; 2017 Wis. Act 180: am. (1) (intro.) Register April 2018 No. 748, eff. 5-1-18; CR 17-058: am. (1) (intro.) Register August 2018 No. 752, eff. 9-1-18.
Wis. Admin. Code § Chir 3.025 Reciprocal credentials for service members, former service members, and their spouses {#sec-chir-3.025 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.025}

A reciprocal license to practice chiropractic shall be granted to a service member, former service member, or the spouse of a service member or former service member who the board determines meets all of the requirements under s. 440.09 (2), Stats. Subject to s. 440.09 (2m), Stats., the board may request verification necessary to make a determination under this section.

History

  • CR 20-037: cr. Register June 2021 No. 786, eff. 7-1-21.
Wis. Admin. Code § Chir 3.03 Licensure by endorsement {#sec-chir-3.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.03}

(1) Qualifications. The board shall grant a license to a chiropractor who holds a valid license by the proper authorities of any other state or country provided the applicant:

(a) Does not have an arrest or conviction record subject to ss. 111.321, 111.322 and 111.335, Stats.

(b) Has graduated from a college of chiropractic accredited by the Council on Chiropractic Education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accredited agency.

(c)

  1. If the applicant first applied for a license to practice chiropractic in any state or country before July 1, 1960, the applicant must have graduated from a reputable college of chiropractic.

  2. If the applicant first applied for a license to practice chiropractic in any state or country between July 1, 1960 and June 30, 1998, the applicant must have completed at least a minimum of 60 credits in post-secondary academic education at a college or university accredited by the Council on Chiropractic Education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency.

  3. If the applicant first applied for a license to practice chiropractic in any state or country on or after July 1, 1998, the applicant must have graduated with a baccalaureate degree from a college or university accredited by the Council on Chiropractic Education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency.

Note: Accrediting bodies nationally recognized by the secretary of the federal Department of Education include the New England Association of Schools and Colleges, the Middle States Association of Colleges and Schools, the North Central Association of Colleges and Schools, the Northwest Association of Schools and Colleges, the Southern Association of Colleges and Schools, and the Western Association of Schools and Colleges.

(d) Has been engaged in clinical chiropractic case management at least 24 hours per week in one or more jurisdictions in which the applicant has a current license for at least 3 of the 5 years immediately preceding application in Wisconsin.

(e) Has successfully completed a practical examination demonstrating clinical competence which is acceptable to the board. The board will find acceptable any one of the following as an equivalent to a practical examination: Part IV of the examination administered by the National Board of Chiropractic Examiners, the state practical exam from the endorsement candidate’s jurisdiction, or the special purpose examination in chiropractic under par. (f).

(f) Has successfully completed the special purpose examination in chiropractic, if the applicant has not completed one of the following:

  1. Passed Parts I and II of the examination administered by the National Board of Chiropractic Examiners and a state practical exam from the endorsement candidate’s jurisdiction.

  2. Passed Parts I, II, III and IV of the examination administered by the National Board of Chiropractic Examiners.

(g) Has successfully completed a state law examination on the provisions of the Wisconsin statutes and administrative rules relating to chiropractic.

(h) Has not had a license or other credential limited, suspended or revoked by a licensing or regulatory authority in Wisconsin or other state or country.

(i) Has current proficiency in the use of an automated external defibrillator.

(2) Application procedure. Each applicant shall file a completed application on forms provided by the board. The application shall include all of the following:

(a) The signature of the applicant.

(b) The fee required under s. 440.05 (1), Stats.

(d) A certified transcript from a chiropractic college accredited by the Commission on Accreditation of the Council on Chiropractic Education (CCE) or by an agency approved by the United States Office of Education or its successor, or from a foreign school determined to be equivalent to an accredited college of chiropractic by the CCE or another approved accrediting agency, sent directly to the board by the college.

(e) A certified transcript verifying that the applicant has a bachelor’s degree from a college or university accredited by an accrediting body nationally recognized by the United States Department of Education, or from a foreign school determined to be equivalent to an accredited college or university by an approved accrediting agency, if the applicant first applies for any license to practice chiropractic in any jurisdiction on or after July 1, 1998. The transcript shall be sent directly to the board by the college or university.

(f) Verification of successful completion of a practical examination, or its equivalent, demonstrating clinical competence which is accepted by the board. The verification shall be forwarded directly to the board from the state that administered the examination or from the national board.

(g) Proof of successful completion of the special purpose examination in chiropractic or Parts I, II, III, and IV of the examination of the national board of chiropractic examiners. The proof of completion shall be forwarded directly to the board from the institution that administered the examination.

(h) Proof of successful completion of the state law examination.

(i) Verification of licensure status in all states in which the applicant is or has been licensed to practice chiropractic.

(j) Information requested by the board relating to any convictions or pending charges for criminal offenses.

Note: Applications are available upon request from the Department of Safety and Professional Services, 1400 East Washington Avenue, P. O. Box 8935, Madison, Wisconsin 53708.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; r. and recr., Register, September, 1995, No. 477, eff. 10-1-95; am. (1) (e), (f), (2) (intro.), (b), (e) to (h), r. (2) (c), cr. (2) (k), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (1) (intro.), (b), (c), (e), (h) and (2) (d) to (g), r. (2) (k) Register July 2004 No. 583, eff. 8-1-04; CR 08-093: cr. (1) (i) Register October 2009 No. 646, eff. 11-1-09; CR 14-068: am. (1) (e), r. and recr. (1) (f), am. (2) (f) and (g) Register July 2015 No. 715, eff. 8-1-15; correction in (1) (e) made under s. 35.17, Stats., Register July 2015 No. 715.
Wis. Admin. Code § Chir 3.035 Temporary chiropractic permits {#sec-chir-3.035 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.035}

(1) The board may grant a temporary permit to practice chiropractic to any chiropractor who files an application prescribed by the board, pays the fee required under s. 440.05 (6), Stats., and meets all of the following conditions:

(a) The applicant has a chiropractic license in good standing in another jurisdiction and has no disciplinary action pending in connection with any chiropractic license the applicant holds.

(b) The applicant will be practicing chiropractic only as a chiropractor for participants in an athletic or performing arts event, or as an instructor in a specific chiropractic education seminar approved for continuing education by the board.

(c) The applicant has current proficiency in the use of an automated external defibrillator.

Note: Applications are available upon request from the Department of Safety and Professional Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708.

(2) The board may issue a temporary permit to practice chiropractic to an individual who is licensed to practice chiropractic in another state or country. The applicant for a temporary permit shall inform the board, in writing, of the locations at which and the dates on which the applicant or holder of the temporary permit requests to practice under the temporary permit and shall request the issuance of a temporary permit. The board may issue a temporary permit for a reasonable time period based on the activity.

(3) A chiropractor holding a temporary permit to practice chiropractic may not use the temporary permit to provide relief services or practice coverage for the practice of any chiropractor licensed in this state. All temporary permits issued by the board shall bear the legend “limited to sporting or performing arts events and approved educational purposes.”

(4) A temporary permit may be denied or revoked for any of the following reasons:

(a) Violation of any provision of ch. 446, Stats., or ch. Chir 6.

(b) Failure to pay the fees required under s. 440.05 (6), Stats.

(c) Provision of fraudulent or misrepresented information on the application for a temporary permit.

History

  • Cr. Register, September, 1994, No. 465, eff. 10-1-94; am (1) (intro.), (b) and (3), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (2) Register July 2004 No. 583, eff. 8-1-04; CR 08-093: cr. (1) (c) Register October 2009 No. 646, eff. 11-1-09.
Wis. Admin. Code § Chir 3.04 Display of license {#sec-chir-3.04 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.04}

The license shall be displayed in a prominent place by every person licensed and currently registered by the board.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; CR 03-082: am. Register July 2004 No. 583, eff. 8-1-04.
Wis. Admin. Code § Chir 3.05 Change of name and address {#sec-chir-3.05 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.05}

Every licensee shall report his or her address to the department and shall notify the board of a change of name or address within 30 days of the change.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; am. Register, October, 1988, No. 394, eff. 11-1-88.
Wis. Admin. Code § Chir 3.06 Professional title {#sec-chir-3.06 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.06}

A licensee shall use the suffix “D.C.” or “Chiropractor” immediately following his or her surname for proper identification. The title “Doctor” or “Dr.” may be used if “Chiropractor” is used following the name.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; am. Register, June, 1993, No. 450, eff. 7-1-93; CR 03-082: am. Register July 2004 No. 583, eff. 8-1-04.
Wis. Admin. Code § Chir 3.07 Professional liability insurance {#sec-chir-3.07 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.07}

Every chiropractor practicing in the state of Wisconsin shall have professional liability insurance coverage in effect at all times in the amount of at least $100,000 for each occurrence and $300,000 for all occurrences in one year. The board may conduct random audits of chiropractors licensed and practicing in this state, and institute disciplinary proceedings against any chiropractor who fails to submit proof that he or she has insurance coverage meeting the minimum limits required by this section.

History

  • Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 03-082: am. Register July 2004 No. 583, eff. 8-1-04.
Wis. Admin. Code § Chir 3.08 Limited liability entities {#sec-chir-3.08 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.08}

(1) A chiropractor may practice with or in a business that is organized as a limited liability organization under the laws of this state, including a limited liability partnership, a service corporation, and limited liability company.

(2) A chiropractor may not practice with or in a business organized so that a person other than a chiropractor has the right to direct or control the professional judgment of the chiropractor. This restriction does not prohibit a chiropractor from working with or in a business organized so that someone other than the patient pays the chiropractor’s fee or salary, provided the fee or salary arrangements do not modify the chiropractor’s obligation to his or her patient.

(3) Nothing in this section shall relieve a chiropractor from personal liability for any acts, errors or omissions of the chiropractor arising out of the performance of professional services.

(4) Nothing in this section shall relieve a chiropractor from the requirement that every practicing chiropractor shall have in effect professional liability insurance in the amounts required by the board in s. Chir 3.07.

History

  • Cr. Register, February, 2000, No. 530, eff. 3-1-00.
Wis. Admin. Code § Chir 3.09 Cardiopulmonary resuscitation certification {#sec-chir-3.09 omnilex-key=us-wi-regs-official--agency-chir--Chir 3.09}

Every chiropractor shall obtain certification in cardiopulmonary resuscitation at least every 2 years. The board may grant a waiver of this requirement in cases of hardship or retirement from practice.

History

  • Cr. Register, June, 2001, No. 546, eff. 7-1-01; CR 03-082: am. Register July 2004 No. 583, eff. 8-1-04.

Chapter Chir 4 PRACTICE

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

This chapter is adopted under authority in ss. 15.08 (5) (b) and 227.11, Stats., and ch. 446, Stats., to establish standards for the practice of chiropractic.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1990, No. 411; CR 18-071: am. Register December 2019 No. 768, eff. 1-1-20.
Wis. Admin. Code § Chir 4.02 Definitions {#sec-chir-4.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 4.02}

As used in this chapter,

(1) “Chiropractic science” means the body of organized knowledge related to identifying the cause of departure from health of the patient and the treatment of such conditions without use of drugs or surgery. “Chiropractic science” includes using patient examination to create a diagnosis that serves as a basis for forming clinical judgments of a patient’s condition, degree or nature of treatment needed, and management and rehabilitation necessary for the restoration and preservation of health.

(1m) “Examination” includes any of the following:

(a) Patient history.

(b) Evaluation techniques.

(c) Lab analysis, including drawing blood and blood analysis.

(d) Use of analytical instruments to determine vital signs and screen health status.

(e) Orthopedic and neurological testing.

(f) Range of motion and muscle testing.

(g) Diagnostic evaluation or imaging of the body.

(2) “Instrument” means a device employed or applied in accordance with the principles and techniques of chiropractic science, which is used in the practice of chiropractic to diagnose, analyze, treat, or prevent the cause of departure from complete health and proper condition of the patient.

(3) “Physiotherapy” has the meaning given “physiotherapy treatment” in s. Chir 10.01 (1r).

(4) “Practice of chiropractic” has the meaning given in s. 446.01 (2), Stats.

(5) “Treatment” includes any of the following:

(a) Adjustment or manipulation of the spinal column, skeletal articulations, and adjacent tissue.

(b) Physiotherapy and exercise rehabilitation.

(c) Education, lifestyle modification, and counseling.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; renum. to be (1) and cr. (2), Register, January, 1992, No. 433, eff. 2-1-92; CR 18-071: r. and recr. (1), cr. (1m), am. (2), cr. (3) to (5) Register December 2019 No. 768, eff. 1-1-20; CR 20-085: am. (1m) (c) Register May 2022 No. 797, eff. 6-1-22.
Wis. Admin. Code § Chir 4.04 X-ray {#sec-chir-4.04 omnilex-key=us-wi-regs-official--agency-chir--Chir 4.04}

(1) X-ray may be used only for diagnostic or analytical purposes in the practice of chiropractic.

Note: The requirements of ch. DHS 157 apply to licensees who use x-ray equipment.

(2) A chiropractor may not use the following forms of x-ray:

(a) X-ray procedures that require introduction of drugs, clinical dyes, or radioactive substances.

(b) Therapeutic x-ray.

(3) As provided under s. 446.02 (7) (d), Stats., a chiropractor may delegate x-ray services only to a chiropractic radiological technician or a health care professional acting within the scope of the health care professional’s license, registration, or certification. A chiropractor shall maintain records or ensure the chiropractor’s employer maintains records that verify a chiropractic radiological technician delegated the performance of x-ray services is certified under s. 446.025, Stats., and that the license, registration, or certification of a health care professional delegated the performance of x-ray services is current.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; renum. (2) to be (3), cr. (2), Register, October, 1989, No. 406, eff. 11-1-89; am. (3), Register, January, 1995, No. 469, eff. 2-1-95; CR 17-010: am. (3) Register July 2018 No. 751, eff. 8-1-18; CR 18-071: am. (2) (a) Register December 2019 No. 768, eff. 1-1-20; CR 18-105: am. (3) Register May 2020 No. 773, eff. 6-1-20.
Wis. Admin. Code § Chir 4.05 Prohibited practice {#sec-chir-4.05 omnilex-key=us-wi-regs-official--agency-chir--Chir 4.05}

A person licensed under ch. 446, Stats., may engage in the practice of chiropractic. A license to practice chiropractic does not authorize the license holder to engage in practice beyond the scope of the practice of chiropractic. Practice beyond the scope of the practice of chiropractic includes all of the following:

(1m) The use of any instrument in the practice of chiropractic to diagnose, analyze, treat, or prevent the cause of departure from complete health and proper condition of the patient, which is not employed or applied in accordance with the principles and techniques of chiropractic science.

(2m) Any practice system, analysis, method, or protocol that does not include the competent assessment, evaluation, or diagnosis of the condition to be treated before beginning treatment.

(3) Any practice system, analysis, method, or protocol that relies upon diagnostic methods that are not generally recognized or accepted within the profession or do not have scientific validity.

(4) Any practice system, analysis, method, or protocol that is represented as a means of attaining spiritual growth, spiritual comfort, or spiritual well-being.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; r. and recr. Register, October, 1989, No. 406, eff. 11-1-89; cr. (2) (e), Register, January, 1992, No. 433, eff. 2-1-92; am. (2) (b), Register, May, 1992, No. 437, eff. 6-1-92; cr. (2) (f), (g), (h), Register, February 1995, No. 470, eff. 3-1-95; am. (2) (f) to (h), Register, July, 1999, No. 523, eff. 8-1-99; am. (1) (a), (b) 1., 2., 3., (c), (2) (a) and (b), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (1) (b) 3. Register July 2004 No. 583, eff. 8-1-04; CR 06-051: am. (1) (d) Register November 2006 No. 611, eff. 12-1-06; 2017 Wis. Act 180: renum. (1) (b) 3. to (1) (b) 3. (intro.), cr. (1) (b) 3. a., b., Register April 2018 No. 748, eff. 5-1-18; CR 18-071: r. (1) (title), renum. (1) (intro.) to (intro.) and am., r. (1) (a) to (d), (2) (intro.), (a) to (d), renum. (2) (e) (intro.) to (1m) and am., r. (2) (e) 1., renum. (2) (f) to (h) to (2m) to (4) and am. Register December 2019 No. 768, eff. 1-1-20.
Wis. Admin. Code § Chir 4.07 Suspension {#sec-chir-4.07 omnilex-key=us-wi-regs-official--agency-chir--Chir 4.07}

During a period in which a licensee is suspended under s. 446.03, Stats., unless the board specifies otherwise in its final order or a subsequent order, the licensee may not do any of the following:

(1) Engage in the practice of chiropractic.

(2) Have any professional contact with patients.

(3) Be present in any chiropractic office, other than to receive care.

History

  • Cr. Register, March, 2000, No. 531, eff. 4-1-00; CR 18-071: am. (1) Register December 2019 No. 768, eff. 1-1-20.

Chapter Chir 5 CONTINUING EDUCATION

Wis. Admin. Code § Chir 5.01 Continuing education requirements for credential renewal {#sec-chir-5.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 5.01}

(1)

(a) Every chiropractor shall complete at least 40 continuing education credit hours in approved continuing education programs during each 2-year license registration period ending on December 15 of each even-numbered year, except as specified in s. Chir 3.02 (1) (c). Completion of course work and teaching or presenting courses or programs may be counted toward the requirement under this paragraph as provided under pars. (d), (f), and (h).

(b) Continuing education requirements for license renewal apply to the first full 2-year period in which a chiropractor is licensed.

(c) The board may grant a waiver, partial waiver, or postponement of the continuing education requirements in cases of hardship.

(d) Course work completed in pursuit of the educational requirements of ch. Chir 12 may be counted on an hour-for-hour basis as continuing education credit hours.

(e) Of the 40 continuing education credit hours in par. (a), a chiropractor holding a nutritional counseling certificate issued under ch. Chir 12 shall complete at least 4 continuing education credit hours in approved continuing education programs relating to nutrition.

(f) Up to 2 credits of course work completed to become proficient in cardiopulmonary resuscitation certification as required in s. Chir 3.09 and the use of an automated external defibrillator as required in ss. Chir 2.02 (6) (c), 3.02 (1) (e), and 3.03 (1) (i), may be counted as 2 continuing education credit hours.

(g) No more than 8 of the 40 continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02. Up to 4 of these online continuing education credit hours may be acquired through asynchronous programs, except that the ethics and boundaries course shall be completed using only synchronous instruction.

(h) Continuing education credit hours may be counted for teaching or presenting a course or program whose subject matter contributes to the advancement, extension, and enhancement of the clinical skills of a chiropractor and fosters the enhancement of general or specialized practice. One hour of continuing education credit may be claimed for every 50 minutes of instruction or presentation, except continuing education credit hours may not be counted for subsequent presentations of the same course or program.

(i) The requirements in this paragraph first apply to the renewal period beginning December 16, 2024. Of the 40 continuing education hours required in par. (a), 2 hours shall be on the topic of professional boundaries and ethics approved under s. Chir 5.02. Professional boundaries and ethics courses may include any of the following subjects:

  1. Sexual misconduct, as defined in s. Chir 6.02 (7).

  2. Ethics in billing or business management practices.

  3. Risk management.

  4. Professional boundaries in clinical practice settings.

  5. Any other topic that the board or the board’s designee approves as being related to the subject of professional boundaries and ethics.

(1g)

(a) Every chiropractic radiological technician shall complete at least 12 continuing education credit hours in approved continuing education programs during each 2-year certificate registration period ending on December 15 of each even-numbered year. A chiropractic radiological technician who receives an initial certificate during a licensing biennium is not required to satisfy the continuing education requirement from the date of that certificate to the end of that licensing biennium.

(b) The board may grant a waiver, partial waiver, or postponement of the continuing education requirements in cases of hardship.

(c) No more than 2 of the 12 continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02.

(1r)

(a) Every chiropractic technician shall complete at least 6 continuing education credit hours in approved continuing education programs during each 2-year certificate registration period ending on December 15 of each even-numbered year. A chiropractic technician who receives an initial certificate during a licensing biennium is not required to satisfy the continuing education requirement from the date of that certificate to the end of that licensing biennium.

(b) The board may grant a waiver, partial waiver, or postponement of the continuing education requirements in cases of hardship.

(c) No more than 2 of the 6 continuing education credit hours required under par. (a) may be acquired through participation in online continuing education programs approved under s. Chir 5.02.

(d) Up to one credit of course work completed to become proficient in cardiopulmonary resuscitation certification and the use of an automated external defibrillator may be counted as one continuing education credit hour.

(2) Continuing education credit hours may apply only to the 2-year license period in which the credit hours are acquired, unless either of the following applies:

(a) The continuing education credit hours required of a particular chiropractor, chiropractic radiological technician, or chiropractic technician as a consequence of a disciplinary proceeding, informal settlement conference, or resolution of an investigation into the conduct or competence of the chiropractor, chiropractic radiological technician, or chiropractic technician may not be counted towards the fulfillment of generally applicable continuing education requirements.

(b) If the chiropractor, chiropractic radiological technician, or chiropractic technician has failed to meet the credential renewal requirement during the period, continuing education hours acquired on or after December 15 of any even-numbered year will apply to the preceding period only if the chiropractor, chiropractic radiological technician, or chiropractic technician has failed to meet the credential renewal requirement during that period, and will not apply to any other period or purpose.

(3) To obtain credit for completion of continuing education programs, a chiropractor, chiropractic radiological technician, or chiropractic technician shall certify on the application for credential renewal that all continuing education credits have been completed as required under this section.

(4) A chiropractor, chiropractic radiological technician, or chiropractic technician shall retain a certificate or other evidence of attendance issued by the program sponsor for a minimum of 4 years from the date of completion of a continuing education program.

(5) The board may require any chiropractor, chiropractic radiological technician, or chiropractic technician who is under investigation by the board for alleged misconduct to submit evidence of compliance with the continuing education requirements under this section.

History

  • Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1), (2) (intro.), (a) and (3), Register, March, 1998, No. 507, eff. 4-1-98; renum. (1) to be (1) (a), cr. (1) (b) to (d), Register, June, 2001, No. 546, eff. 7-1-01; CR 03-082: cr. (1) (e) Register July 2004 No. 583, eff. 8-1-04; CR 06-051: cr. (1) (f) and (g) Register November 2006 No. 611, eff. 12-1-06; CR 08-093: cr. (1) (h) Register October 2009 No. 646, eff. 11-1-09; CR 11-019: am. (title), (1) (a), (2) (a), (b), (3), r. and recr. (1) (c), (d), (e), (f), r. (1) (g), (h), cr. (1g), (1r) Register September 2011 No. 669, eff. 10-1-11; CR 21-065: am. (1) (a), (d) to (f), cr. (1) (g), (h), am. (1g) (a), cr. (1) (c), am. (1r) (a), cr. (1r) (c), (d), am. (2) (b), (3), cr. (4), (5) Register June 2022 No. 798, eff. 7-1-22; correction in (1) (f) made under s. 35.17, Stats., Register June 2022 No. 798; CR 22-066: cr. (1) (i) Register November 2023 No. 815, eff. 12-1-23; correction in (1) (i) 1. made under s. 35.17, Stats., Register November 2023 No. 815; CR 25-066: am. (1) (g) Register February 2026 No. 842, eff. 3-1-26.
Wis. Admin. Code § Chir 5.02 Approval of continuing education programs {#sec-chir-5.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 5.02}

(1) The board may approve a continuing education program that meets all of the following requirements:

(a) The program is sponsored by one of the following:

  1. The Wisconsin Chiropractic Association.

  2. The International Chiropractors Association.

  3. A college of chiropractic with accreditation that is in good standing from the Council on Chiropractic Education or another accrediting agency whose recognition by the United States department of education is current.

  4. A college of medicine or osteopathy with accreditation that is in good standing from an accrediting agency whose recognition by the United States department of education is current.

  5. A member-based state or national chiropractic organization that satisfies all of the following:

a. The organization is an entity that is described in section 501 (c) of the Internal Revenue Code and that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code and has existed as an entity that is described in section 501 (c) of the Internal Revenue Code for at least 5 years.

b. The purpose of the organization is not solely to provide continuing education programs.

c. The organization engages in measurable advocacy efforts to promote the chiropractic profession.

(b) For a continuing education program required under s. Chir 5.01 (1) (a), the program subject matter contributes to the advancement, extension, and enhancement of the clinical skills of a chiropractor and fosters the enhancement of general or specialized practice.

(bm) For a continuing education program required under s. Chir 5.01 (1g) (a) or (1r) (a), the program subject matter relates to improving the clinical skills of a chiropractic radiological technician or chiropractic technician, as applicable.

(c) The program sponsor agrees to provide a responsible person to monitor and verify the attendance of each registered chiropractor, chiropractic radiological technician, or chiropractic technician, as applicable, participating in the program, and the program sponsor agrees to assume responsibility for the accuracy of the continuing education credit awarded to each participant, to keep the records of attendance for 4 years from the date of the program, and to furnish each participant with evidence of having attended the program.

(cm) For an online continuing education program, the program meets all of the following requirements:

  1. The program includes an instrument that is designed to ensure the chiropractor, chiropractic radiological technician, or chiropractic technician, as applicable, actively participated in the presentation of material.

  2. The program includes means to furnish each participant with evidence of having attended the program.

(d) A program sponsor shall not assign or delegate its responsibilities to monitor or record attendance, provide evidence of attendance, validate course content, or provide information on instructors or other aspects of the program.

(e) The program sponsor has reviewed and validated the program’s course content to ensure its compliance with pars. (b) and (bm).

(f) If a course instructor of the program is on the undergraduate or postgraduate faculty of a chiropractic college, the program sponsor has provided written verification that the course instructor has been appointed in accordance with the accreditation standards of the Council on Chiropractic Education, and that the chiropractic college exercises sufficient supervision over a faculty member’s course content.

(g) The program offers significant professional educational benefit for participants, as determined by the board.

(h) A course instructor of the program has qualifications appropriate for presenting the course.

(1m) The board shall approve a continuing education program that is approved under s. 46.03 (38), Stats., to provide instruction in the use of an automated external defibrillator. Subsections (1), (2), and (6) do not apply to programs approved under this section.

(2)

(a) Continuing education programs may include subject material that does not meet the requirements under sub. (1) (b). However, only the parts of the program that include subject material that meets the requirements under sub. (1) (b) are eligible for credit.

(am) Continuing education programs may include subject material other than that which relates to improving the clinical skills of a chiropractic radiological technician or chiropractic technician. However, only the parts of the program which relate to improving the clinical skills of a chiropractic radiological technician or chiropractic technician, as applicable, are eligible for credit.

(b) Any presentation, program content, materials or displays for the advertising, promotion, sale or marketing of equipment, devices, instruments or other material of any kind or purpose shall be kept separate from the program content and presentation for which approval is applied and granted.

(c) Programs shall be approved for one hour of continuing education for every 50 minutes of instruction.

(5) Continuing education credit may not be awarded for meals or break periods.

(6) The sponsor of an approved program shall ensure that the program is carried out and presented as represented to and approved by the board, and that all responsibilities of the program sponsor, an instructor, and any person or entity delegated or assigned a responsibility relating to a program approved by the board are fulfilled.

History

  • Cr. Register, February, 1996, No. 482, eff. 3-1-96; am. (1) (a) to (c), renum. (1) (d) to be (1) (g) and am., cr. (1) (d) to (f), r. and recr. (2) and (4), cr. (6), Register, March, 1998, No. 507, eff. 4-1-98; CR 03-082: am. (1) (b) and (4) (a) 6., cr. (1) (h) Register July 2004 No. 583, eff. 8-1-04; CR 08-093: cr. (1m) Register October 2009 No. 646, eff. 11-1-09; CR 11-019: cr. (1) (b) (title), (bm), (2) (am), (4) (a) 5m., am. (1) (c), (e) Register September 2011 No. 669, eff. 10-1-11; CR 21-065: am. (1) (intro.), renum. (1) (a) to (1) (a) (intro.) and am., cr. (1) (a) 1. to 4., r. (1) (b) (title), am. (1) (b), r. (1) (bm) (title), am. (1) (bm), (c), cr. (1) (cm), am. (1) (f), (h), (2) (a), r. (3), (4) Register June 2022 No. 798, eff. 7-1-22; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register June 2022 No. 798; CR 25-066: cr. (1) (a) 5., r. (1) (cm) 1., am. (1) (d) Register February 2026 No. 842, eff. 3-1-26.
Wis. Admin. Code § Chir 5.04 Application for approval of a continuing education program {#sec-chir-5.04 omnilex-key=us-wi-regs-official--agency-chir--Chir 5.04}

(1) An application for approval of a continuing education program shall be on a form provided by the board and include all of the following:

(a) The name and address of the program sponsor and a description of how the program sponsor qualifies under s. Chir 5.02.

(b) A description of the time and place of the program.

(c) Evidence of the program sponsor’s verification showing to the satisfaction of the board that the subject matter meets the requirements under s. Chir 5.02 (1) (b) or (bm), as applicable.

(d) A detailed course outline or syllabus describing the subject matter of the program, and the amount of time devoted to each section of the outline or syllabus.

(e) The names and a description of the qualifications of all instructors including, if applicable, whether an instructor of the program who is an undergraduate or postgraduate faculty member of a sponsoring college was appointed in accordance with accreditation standards of the Council on Chiropractic Education or by an agency approved by the United States department of education.

(f) If the program sponsor intends to assign or delegate any of its responsibilities to another person or entity, all of the following:

  1. A specific description of the assignment or delegation.

  2. The name and address of the person or entity who is assigned or delegated to perform the responsibility, and a description of the qualifications of that person or entity to perform the responsibility.

  3. A description of the method by which the program sponsor intends to assure that the delegated or assigned responsibility is performed.

Note: Application forms are available on the department’s website at http://dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 8935, Madison, Wisconsin 53708, or call (608) 266-2112.

(2) An application shall be complete as required under sub. (1) and filed with the board no later than 60 days prior to the program date or, for an online continuing education program, the date on which the program will first be eligible for continuing education credit. An application is considered complete when all information required to be submitted with the application is received by the board.

(3) The board may require an applicant to submit information in addition to that described in sub. (1) that is necessary to determine if the applicant meets the requirements of this chapter.

(4) The board shall grant approval of an application if the board determines the program and program sponsor materially meet the requirements under this chapter. If the board does not take action within 50 days of submission of a completed application, the course shall be approved for the first scheduled date that it is eligible for continuing education credit and shall remain approved unless the board takes further action.

(5) The board shall deny approval of an application for any of the following reasons:

(a) The program or program sponsor does not meet requirements established in this chapter.

(b) The emphasis of the program is on the business, management, or insurance aspects of a chiropractic practice rather than on improving the clinical skills of the chiropractor, chiropractic radiological technician, or chiropractic technician, as applicable.

(c) The board determines the program sponsor has not provided adequate assurance that responsibilities delegated or assigned to others will be satisfactorily performed.

(d) The program sponsor, an instructor, or a person delegated or assigned a responsibility has a financial, personal or professional interest which conflicts directly with the performance of responsibilities in this chapter.

(e) Failure on the part of a program sponsor, an instructor, or a person delegated or assigned a responsibility to carry out a program as represented to and approved by the board or as provided in this chapter.

(f) The program subject matter relates to practice that is prohibited under s. Chir 4.05.

History

  • CR 21-065: cr. Register June 2022 No. 798, eff. 7-1-22.
Wis. Admin. Code § Chir 5.05 Application for expedited approval of a continuing education program {#sec-chir-5.05 omnilex-key=us-wi-regs-official--agency-chir--Chir 5.05}

(1) A program sponsor under s. Chir 5.02 (1) (a) may submit an application for expedited approval of a continuing education program if the program sponsor had a minimum of 20 continuing education programs approved for the previous 2-year registration period. Additionally, at the board’s discretion, one of the following may be required:

(a) A review by the board of a random selection of 10 percent of the program sponsor’s continuing education programs approved for the previous 2-year registration period found that all of the selected programs materially meet all of the requirements under s. Chir 5.02 (1) and were awarded continuing education credit as provided under s. Chir 5.02 (2) and (5). If this review is required, it shall occur within the first 6 months following the 2-year registration period.

(b) A review by the board of a random selection of 10 percent of the program sponsor’s continuing education programs approved for the previous 2-year registration period found that one or more of the selected programs do not materially meet all of the requirements under s. Chir 5.02 (1) or did not award continuing education credit as provided under s. Chir 5.02 (2) and (5), and the application is submitted at least 6 months after the beginning date of the current 2-year registration period.

(2) An application for expedited approval of a continuing education program shall be on a form provided by the board and include all of the following:

(a) The name and address of the program sponsor and a description of how the program sponsor qualifies under s. Chir 5.02 (1) (a).

(b) A description of the time and place of the program.

(c) An attestation by the program sponsor that the program materially meets all of the requirements under s. Chir 5.02 (1) and (6) and will award continuing education credit as provided under s. Chir 5.02 (2) and (5).

(3) An application for expedited approval shall be filed with the board no later than 60 days prior to the program date or, for an online continuing education program, the date on which the program will first be eligible for continuing education credit.

(4) The board shall grant approval of an application that meets the requirements of this section.

History

  • CR 21-065: cr. Register June 2022 No. 798, eff. 7-1-22; correction in (1) (a) made under s. 35.17, Stats., Register June 2022 No. 798; CR 25-066: am. (1) (intro.), (a), consol. (1) (b) (intro.) and 1., renum. to (1) (b) and am. Register February 2026 No. 842, eff. 3-1-26.

Chapter Chir 6 STANDARDS OF CONDUCT

Wis. Admin. Code § Chir 6.01 Authority {#sec-chir-6.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 6.01}

The rules in this chapter are adopted under the authority in ss. 15.08 (5) (b), 227.11, and 446.04, Stats.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1990, No. 411; CR 19-129: am. Register May 2020 No. 773, eff. 6-1-20.
Wis. Admin. Code § Chir 6.015 Definitions {#sec-chir-6.015 omnilex-key=us-wi-regs-official--agency-chir--Chir 6.015}

In this chapter:

(1) “Advertisement” means a communication disseminated or intended to be disseminated in any public medium that is likely to or intended to induce, directly or indirectly, the rendering of professional services by the chiropractor named in or identified by the communication.

(2) “Co-payment or deductible provision” means any term in a contract of insurance with a third party whereby the patient remains financially obligated to the chiropractor for payment.

(3) “Patient” means an individual with whom a chiropractor has an established chiropractor-patient relationship or who, based on the actions of the chiropractor, has a reasonable belief that an established chiropractor-patient relationship exists.

History

  • Cr. Register, November, 1997, No. 503, eff. 12-1-97; CR 19-129: am. (1), cr. (2), (3) Register May 2020 No. 773, eff. 6-1-20.
Wis. Admin. Code § Chir 6.02 Unprofessional conduct {#sec-chir-6.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 6.02}

Unprofessional conduct by a chiropractor includes all of the following:

(1) Engaging in any practice which constitutes a substantial danger to the health, welfare, or safety of a patient or the public.

(2) Practicing or attempting to practice when unable to do so with reasonable skill and safety to patients.

(3) Practicing in a manner which substantially departs from the standard of care ordinarily exercised by a chiropractor.

(4) Practicing or attempting to practice beyond the scope of a license issued by the board, including acts prohibited under s. Chir 4.05.

(5) Practicing or attempting to practice while the ability to perform is impaired by a physical, mental, or emotional disorder, or by drugs or alcohol.

(6) Performing professional services inconsistent with training, education, or experience.

(7) Engaging in sexual contact, exposure, gratification, or other sexual behavior with or in the presence of a patient.

(8) Engaging in excessive evaluation or treatment of a patient.

(9) Failing to conduct a competent assessment, evaluation, or diagnosis as a basis for treatment or consultation.

(10) Revealing confidential patient information without the consent of the patient or person authorized by the patient to provide consent, except that information shall be revealed to the board or its representatives pursuant to investigation of a licensee or as otherwise authorized by law.

(11) Refusing to render services to a person because of race, color, sex, or religion.

(12) Knowingly falsifying patient records.

(13) Impersonating another chiropractor.

(14) Obtaining or attempting to obtain any compensation for chiropractic services by fraud, including billing for services not rendered or submitting a claim for a fraudulent diagnosis.

Note: The use by a licensee of “no out-of-pocket expense” payment arrangements may constitute insurance fraud, and may therefore violate this subsection as well as s. 943.395, Stats.

(15) Advertising in a manner which is false, deceptive, or misleading. An advertisement that does any of the following is false, deceptive, or misleading:

(a) Contains a misrepresentation of fact.

(b) Is likely to mislead or deceive because of a failure to disclose material facts.

(c) Is intended to or is likely to create false or unjustified expectations of favorable results.

(d) Fails to prominently disclose complete details of all variables and material factors relating to any advertised fee.

(e) Contains any representation or implication that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived.

(f) Includes reference to or implies specialization or certification in an area of specialty other than nutritional counseling, unless the chiropractor has a postgraduate degree in the area of specialty conferred by an institution accredited by either the Council on Chiropractic Education or an accrediting agency recognized by the United States department of education, or unless all of the following apply to the chiropractor’s specialty:

  1. The specialty is recognized by a council of the American Chiropractic Association or the International Chiropractors Association.

  2. The specialty requires at least 300 hours of postgraduate credit hours and passage of a written examination approved by the American Chiropractic Association or the International Chiropractors Association.

  3. The title applied to the specialty by the chiropractor is the title applied by the American Chiropractic Association or the International Chiropractors Association.

(g) Includes reference to or implies advanced training or certification in an area of advanced training other than nutritional counseling, unless the chiropractor has a postgraduate degree in the area of advanced training conferred by an institution accredited by either the Council on Chiropractic Education or an accrediting agency recognized by the United States department of education, or unless the chiropractor has successfully completed a postgraduate training program meeting all of the following requirements:

  1. The program is one, unified program approved by the American Chiropractic Association or the International Chiropractors Association, or one, unified program at a college accredited by the Council on Chiropractic Education and approved by the board.

  2. The program consists of at least 100 hours of training in the area in which the chiropractor claims advanced training.

  3. The program requires successful completion of a written examination.

(gm) Includes reference to or implies specialization, advanced training, or certification in nutritional counseling, unless the chiropractor is certified under ch. Chir 12.

(h) Appears in any classified directory, listing, or other compendium under a heading that, when considered together with the advertisement, has the capacity or tendency to be deceptive or misleading with regard to the profession or professional status of the chiropractor.

(i) Implies that the chiropractic services provided will result in emotional or spiritual benefits.

(16) Aiding, abetting, or permitting unlicensed persons in the practice of chiropractic.

(17) Failing to exercise a reasonable degree of supervision over subordinate employees.

(18) Obtaining or attempting to obtain a license through fraud or misrepresentation, or making any material misstatement, omission, or falsification in connection with an application for a license, registration, or renewal.

(19) Refusing upon request to cooperate in a timely manner with the board’s investigation of a complaint lodged against a licensee. Licensees taking longer than 30 days to respond to a request from the board or its representative shall have the burden of demonstrating that they have acted in a timely manner.

(20) Knowingly providing false information to the board or its representative.

(21) Failing to notify the board of having a chiropractic license, certificate, permit, or registration granted by any other jurisdiction subject to disciplinary action.

(22) Having a license, certificate, permit, or registration granted by another jurisdiction to practice as a chiropractor limited, suspended, revoked, or subject to any other disciplinary action.

(23) Failing to notify the board of any criminal conviction, the circumstances of which relate substantially to the practice of chiropractic.

(24) Being convicted of a crime substantially related to the practice of chiropractic.

(25) Violating any provision of ch. 446, Stats., or any rule or order of the board.

(26) Violating, or aiding or abetting the violation of, any law substantially related to the practice of chiropractic.

(27) Failing to maintain patient records for a minimum period of 7 years after the last treatment or after the patient reaches the age of majority, whichever is longer.

(28) Failing to release patient health care records to a patient in accordance with s. 146.83, Stats.

(29) Negating the co-payment or deductible provisions of a contract of insurance by agreeing to forgive any or all of the patient’s obligation for payment under the contract, unless the chiropractor reduces the chiropractor’s claim to the insurance carrier in regard to that patient by an equal proportion.

Note: It is no violation of this rule for a chiropractor to adjust fees, but the fee charged must be accurately reported to any third party payor. It is no violation of this rule for a chiropractor to provide treatment without any charge.

(30) Giving or receiving unauthorized assistance, violating rules of conduct, or otherwise cheating or acting dishonestly with regard to any examination required for the granting of a license or registration to practice chiropractic.

(31) Making a representation likely to create an unjustified expectation about the results of a nutritional counseling service or procedure.

History

  • Cr. Register, December, 1984, No. 348, eff. 1-1-85; am. (4), Register, October, 1989, No. 406, eff. 11-1-89; cr. (27) and (28), Register, January, 1992, No. 433, eff. 2-1-92; cr. (29), Register, January, 1993, No. 445, eff. 2-1-93; am. (7), Register, June, 1993, No. 450, eff. 7-1-93; am. (27), Register, May, 1997, No. 497, eff. 6-1-97; r. and recr. (15), Register, November, 1997, No. 502, eff. 12-1-97; am. (18), cr. (30), Register, September, 1999, No. 525, eff. 10-1-99; CR 03-082: am. (14) Register July 2004 No. 583, eff. 8-1-04; CR 06-051: cr. (31) Register November 2006 No. 611, eff. 12-1-06; CR 19-129: am. (intro.), (1), (4) to (6), (9) to (11), (15) (intro.), (f), (g), cr. (15) (gm), am. (15) (h), (16), (18), (19), (21), (22), (26), (27), (29), (30) Register May 2020 No. 773, eff. 6-1-20.
Wis. Admin. Code § Chir 6.03 Duty to evaluate and inform {#sec-chir-6.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 6.03}

(1) A chiropractor shall evaluate each presenting patient to determine whether a condition exists that is treatable through chiropractic means. An evaluation shall be based upon an examination appropriate to the presenting patient. In conducting an evaluation, a chiropractor shall utilize chiropractic science, as defined in s. Chir 4.02 (1), and the principles of education and training of the chiropractic profession.

(2) If an evaluation indicates a condition treatable by chiropractic means, the chiropractor shall treat the patient using appropriate chiropractic means.

(3) If an evaluation indicates a condition that is not treatable through chiropractic means, the chiropractor shall inform the patient the condition is not treatable through chiropractic means and recommend the patient seek additional advice or care.

(4) A chiropractor may render concurrent or supportive chiropractic care to a patient, but a chiropractor shall refrain from further chiropractic treatment when a reasonable chiropractor should be aware that the patient’s condition will not be responsive to further treatment.

History

  • Cr. Register, June, 2000, No. 534, eff. 7-1-00; CR 19-129: am. (1), (3) Register May 2020 No. 773, eff. 6-1-20.

Chapter Chir 9 CHIROPRACTIC PRECEPTORSHIP

Wis. Admin. Code § Chir 9.01 Definitions {#sec-chir-9.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 9.01}

In this chapter:

(1) “Chiropractic student” means a student of an approved college of chiropractic who is eligible for graduation from the college of chiropractic but for completion of a preceptorship period.

(2) “Chiropractor preceptor” means a chiropractor licensed and practicing in Wisconsin pursuant to ch. 446, Stats., who accepts a chiropractic student into the chiropractor’s practice for the purpose of providing the chiropractic student with clinical experience in the practice of chiropractic.

(3) “Graduate chiropractor” means a person who has received a doctor of chiropractic degree from a college of chiropractic approved by the board, but who has not taken any licensing examination the results of which have been declared by a licensing authority.

(4) “Preceptorship practice” means the chiropractic practice of a single chiropractor or group of chiropractors in a particular business or clinic, into which a licensed, practicing chiropractor has accepted a chiropractic student for the limited purpose of providing the chiropractic student with a clinical experience in the practice of chiropractic.

History

  • Cr. Register, June, 1994, No. 462, eff. 7-1-94; 2017 Wis. Act 180: am. (1) Register April 2018 No. 748, eff. 5-1-18; CR 18-103: am. (2) Register December 2019 No. 768, eff. 1-1-20.
Wis. Admin. Code § Chir 9.02 Unlicensed practice by chiropractic students and graduate chiropractors {#sec-chir-9.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 9.02}

As provided under s. 446.02 (9) (a), Stats., a chiropractic student or graduate chiropractor participating in a preceptorship program approved under s. Chir 9.03 under the direct, on-premises supervision of a chiropractor preceptor approved under s. Chir 9.05 is not required to hold a license under ch. 446, Stats.

History

  • Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 18-103: am. Register December 2019 No. 768, eff. 1-1-20.
Wis. Admin. Code § Chir 9.03 Approved chiropractic college and postgraduate preceptorship programs {#sec-chir-9.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 9.03}

The board shall approve a chiropractic college preceptorship program or postgraduate preceptorship program that meets all of the following requirements:

(1) The program is operated by a chiropractic college accredited by one of the following:

(a) The Council on Chiropractic Education or a successor organization.

(b) The Councils on Chiropractic Education International or a successor organization.

(2) The program is an established component of the curriculum of the chiropractic college.

(3) An authorized representative of the program certifies to the board, on forms supplied by the department, all of the following:

(a) If the program is a chiropractic college preceptorship program, prior to participating in the program students shall have met all requirements for graduation from the chiropractic college except for completion of the preceptorship period.

(am) If the program is a postgraduate preceptorship program, graduate chiropractors shall have graduated from a college of chiropractic approved by the board.

(b) No chiropractor preceptor shall supervise more than one chiropractic student or graduate chiropractor at any one time.

(c) Chiropractors who participate as chiropractor preceptors shall be faculty of the chiropractic college.

Note: Forms may be obtained from the department of safety and professional services’ website at https://dsps.wi.gov.

(6) An authorized representative of the program provides a list to the board at least 45 days prior to every trimester or academic quarter of the chiropractors in this state who will be acting as preceptors in the program.

History

  • Cr. Register, June, 1994, No. 462, eff. 7-1-94; am. (6), Register, July, 1996, No. 487, eff. 8-1-96; CR 03-082: am. (3) (intro.), (4) and (5) Register July 2004 No. 583, eff. 8-1-04; CR 18-103: am. (title), (intro.), renum. (1) to (1) (intro.) and am., cr. (1) (a), (b), am. (2), (3) (intro.), (a), cr. (3) (am), am. (3) (b), renum. (4) to (3) (c) and am., r. (5), am. (6) Register December 2019 No. 768, eff. 1-1-20.
Wis. Admin. Code § Chir 9.05 Approved chiropractor preceptors {#sec-chir-9.05 omnilex-key=us-wi-regs-official--agency-chir--Chir 9.05}

The board shall approve a chiropractor to be a chiropractor preceptor if the chiropractor certifies to the board, on forms supplied by the department, all of the following:

(1) The chiropractor has been continuously licensed in Wisconsin for the previous 5 years, and there are no pending disciplinary actions or malpractice claims against the chiropractor in any jurisdiction. If discipline has ever been imposed in any jurisdiction on any professional license held by the chiropractor, the chiropractor shall provide details of the discipline for the board’s review.

(2) The chiropractor is a member of the faculty of the chiropractic college from which the chiropractor will accept a chiropractic student or graduate chiropractor into a preceptorship practice.

(3) The chiropractor is responsible for the practice of the chiropractic student or graduate chiropractor the chiropractor accepts into a preceptorship practice.

(4) The chiropractor will identify the chiropractic student or graduate chiropractor to the patients of the preceptorship practice in such a way that no patient will tend to be misled as to the status of the chiropractic student or graduate chiropractor, and that each patient or parent or guardian of each patient will be required to provide informed consent to treatment of that patient by the chiropractic student or graduate chiropractor.

(5) The chiropractor will supervise no more than one chiropractic student or graduate chiropractor at any one time.

(6) The chiropractor will exercise direct, on-premises supervision of the chiropractic student or graduate chiropractor at all times during which the chiropractic student or graduate chiropractor is engaged in any facet of patient care in the chiropractor’s clinic.

(7) The chiropractor and the chiropractic student or graduate chiropractor have agreed on the goals of the preceptor program to be completed by the chiropractic student or graduate chiropractor.

Note: Forms may be obtained from the department of safety and professional services’ website at https://dsps.wi.gov.

History

  • Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 03-082: am. (1) (intro.) and (a) Register July 2004 No. 583, eff. 8-1-04; CR 18-103: am. (intro.), r. (1) (intro.), renum. (1) (a) to (f) to (1) to (6) and am., cr. (7) Register December 2019 No. 768, eff. 1-1-20.
Wis. Admin. Code § Chir 9.06 Termination of preceptorship {#sec-chir-9.06 omnilex-key=us-wi-regs-official--agency-chir--Chir 9.06}

(1) A preceptorship shall terminate upon the occurrence of the earliest applicable of the following events:

(a) A chiropractic student participating in a preceptorship program graduates from the college of chiropractic operating the program.

(b) A graduate chiropractor participating in a postgraduate preceptorship program is declared to have passed or failed a chiropractic licensing examination by any licensing authority or the national board.

(c) Six months have passed since the graduate chiropractor graduated from a college of chiropractic.

(d) A chiropractor preceptor is formally charged with a criminal offense, the circumstances of which substantially relate to the practice of chiropractic.

(e) A chiropractor preceptor is formally alleged to have violated the statutes or administrative rules pertaining to the practice of chiropractic.

(f) A chiropractor preceptor is formally complained against in a civil action for malpractice.

(2) If a preceptorship is terminated under sub. (1) (d), (e), or (f), the board may approve a replacement chiropractor preceptor proposed by the chiropractic student or graduate chiropractor. To be approved by the board, the proposed replacement chiropractor preceptor shall satisfy the requirements under s. Chir 9.05. The proposed chiropractor preceptor is not required to have been named by the chiropractic college operating the preceptorship program on the most recent list provided to the board under s. Chir 9.03 (6).

History

  • Cr. Register, June, 1994, No. 462, eff. 7-1-94; CR 03-082: renum. Chir 9.06 to be Chir 9.06 (1) and am. (1) (b), cr. (2) Register July 2004 No. 583, eff. 8-1-04; CR 18-103: am. (2) Register December 2019 No. 768, eff. 1-1-20.

Chapter Chir 10 DELEGATION TO CHIROPRACTIC TECHNICIANS, CHIROPRACTIC RADIOLOGICAL TECHNICIANS, AND HEALTH CARE PROFESSIONALS

Wis. Admin. Code § Chir 10.01 Definitions {#sec-chir-10.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 10.01}

In this chapter:

(1) “Adjunctive services” means services which are preparatory or complementary to the practice of chiropractic. “Adjunctive services” include the taking and preparation of a preliminary patient history and providing physiotherapy treatment. “Adjunctive services” does not include making a chiropractic diagnosis, analyzing a diagnostic test, or performing a chiropractic adjustment.

(1g) “Massage therapy” or “bodywork therapy” has the meaning given in s. 460.01 (4), Stats.

(1r) “Physiotherapy treatment” means the therapeutic use of physical agents or means, including heat, cold, light, air, water, sound, electricity, massage therapy or bodywork therapy, and physical exercise with and without assistive devices, to treat or manage injury, disease, bodily defects, or bodily weaknesses.

(2) “Preliminary patient history” means the process of taking patient vitals and gathering baseline data regarding a patient, including the nature of the chief complaint, family history, and medical history. The “preliminary patient history” is intended to provide a starting point for further inquiry by the chiropractor into the patient’s condition.

History

  • Cr. Register, January, 1995, No. 469, eff. 2-1-95; CR 03-082: am. (1) and (2) Register July 2004 No. 583, eff. 8-1-04; 2017 Wis. Act 180: am. (3) Register April 2018 No. 748, eff. 5-1-18; CR 17-010: am. (1), cr. (1g), (1r), am. (2), r. (3) Register July 2018 No. 751, eff. 8-1-18.
Wis. Admin. Code § Chir 10.015 Chiropractic technician course of study {#sec-chir-10.015 omnilex-key=us-wi-regs-official--agency-chir--Chir 10.015}

The board shall grant certification as a chiropractic technician to an applicant who satisfies the requirements under s. 446.026 (2) (a), Stats. The course of study required under s. 446.026 (2) (a) 3., Stats., shall be one of the following:

(1) A course of study meeting all of the following requirements:

(a) The course of study shall include a prerequisite 4-hour therapeutic overview course covering chiropractic technician scope of practice, anatomy, and contraindications followed by all of the following:

  1. Four hours of instruction in gathering baseline data regarding a patient.

  2. Four hours of instruction in taking patient vitals.

(b) The course of study shall include a final assessment of competency of the didactic and clinical components of the program.

(c) The course of study shall be conducted by individuals who have specialized education, training, or experience by reason of which the individuals should be considered qualified concerning chiropractic technician scope of practice, anatomy, contraindications, and taking and preparing a preliminary patient history.

(2) A course of study the board determines is reasonably equivalent to the course of study under sub. (1).

History

  • CR 17-010: cr. Register July 2018 No. 751, eff. 8-1-18; CR 18-105: am. (1) (a) (intro.) Register May 2020 No. 773, eff.6-1-20.
Wis. Admin. Code § Chir 10.02 Delegation of adjunctive services to a chiropractic technician {#sec-chir-10.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 10.02}

A chiropractor may delegate the performance of an adjunctive service to a chiropractic technician if all of the following conditions are met:

(1) The chiropractor maintains records or ensures the chiropractor’s employer maintains records that verify the chiropractic technician is certified under ch. 446, Stats.

(2) For the delegation of massage therapy or bodywork therapy, the chiropractor maintains records or ensures the chiropractor’s employer maintains records that verify the chiropractic technician is licensed under ch. 460, Stats.

(3) For the delegation of adjunctive services other than massage therapy or bodywork therapy and taking and preparing preliminary patient histories, the chiropractor maintains records or ensures the chiropractor’s employer maintains records that verify the chiropractic technician has successfully completed a didactic and clinical training program approved by the board and covering the performance of the delegated service. Successful completion of a training program is demonstrated by attaining proficiency in the delivery of that service to minimally competent chiropractic practice standards as measured by objective knowledge and skills testing. The didactic and clinical training program shall meet or be determined by the board to be reasonably equivalent to all of the following criteria:

(a) The program constitutes an organized program of learning that contributes directly to the professional competency of a chiropractic technician to perform the delegated service.

(b) The program pertains to subject matters that integrally relate to the performance of the delegated service.

(c) The program is conducted by individuals who have specialized education, training, or experience by reason of which the individuals should be considered qualified concerning the performance of the delegated service.

(d) The program fulfills pre-established goals and objectives.

(e) The program provides proof of attendance.

(f) The program includes a final assessment of competency of the didactic and clinical components of the program.

(g) If the program includes instruction in one or more of the subject matters under subds. 1. to 7., the instruction shall meet the following requirements:

  1. Instruction in the performance of thermotherapy and cryotherapy shall comprise one hour.

  2. Instruction in the performance of electrotherapy shall comprise 3 hours.

  3. Instruction in the performance of therapeutic ultrasound shall comprise 3 hours.

  4. Instruction in the performance of light therapy shall comprise 3 hours.

  5. Instruction in the performance of surface electromyography shall comprise 3 hours.

  6. Instruction in the performance of mechanical therapy and decompression shall comprise 3 hours and may not include instruction in manual traction or manipulation.

  7. Instruction in exercise and rehabilitation shall comprise 24 hours and include all of the following topics:

a. Basic functional anatomy.

b. Kinesiology and joint movement.

c. Indications and contraindications.

d. Recordkeeping and reporting.

e. Scope of practice.

f. Baselines assessment, outcomes, and goals.

(4) The chiropractor exercises direct, on-premises supervision of the chiropractic technician performing the delegated service.

(5) The chiropractor retains ultimate responsibility for the manner and quality of the service.

History

  • Cr. Register, January, 1995, No. 469, eff. 2-1-95; CR 03-082: cr. (3) Register July 2004 No. 583, eff. 8-1-04; CR 17-010: r. and recr. Register July 2018 No. 751, eff. 8-1-18; CR 18-105: am. (intro.), (4) Register May 2020 No. 773, eff. 6-1-20; CR 20-084: am. (3) (g) 6. Register September 2021 No. 789, eff. 10-1-21.
Wis. Admin. Code § Chir 10.023 Delegation of adjunctive services to a health care professional {#sec-chir-10.023 omnilex-key=us-wi-regs-official--agency-chir--Chir 10.023}

A chiropractor may delegate the performance of an adjunctive service to a health care professional if all of the following conditions are met:

(1) The performance of the adjunctive service is within the scope of the health care professional’s license, registration, or certification.

(2) The chiropractor maintains records or ensures the chiropractor’s employer maintains records that verify the health care professional’s license, registration, or certification is current.

(3) The chiropractor exercises direct, on-premises supervision of the health care professional performing the delegated adjunctive service.

(4) The chiropractor retains ultimate responsibility for the manner and quality of the service.

History

  • CR 18-105: cr. Register May 2020 No. 773, eff. 6-1-20.
Wis. Admin. Code § Chir 10.024 Delegation of adjunctive services to individuals trained as medical assistants {#sec-chir-10.024 omnilex-key=us-wi-regs-official--agency-chir--Chir 10.024}

A chiropractor may delegate the performance of an adjunctive service to an individual described under s. 446.02 (7) (a) 3., Stats., if all of the following conditions are met:

(1) The individual is qualified, through education, training, or experience, to perform the adjunctive service.

(2) The chiropractor maintains records or ensures the chiropractor’s employer maintains records that verify the individual’s training is current.

(3) The chiropractor exercises direct, on-premises supervision of the individual performing the delegated adjunctive service.

(4) The chiropractor retains ultimate responsibility for the manner and quality of the service.

History

  • 2023 Wis. Act 168: cr. Register April 2024 No. 820, eff. 5-1-24.
Wis. Admin. Code § Chir 10.025 Chiropractic radiological technician course of study {#sec-chir-10.025 omnilex-key=us-wi-regs-official--agency-chir--Chir 10.025}

The board shall grant certification as a chiropractic radiological technician to an applicant who satisfies the requirements under s. 446.025 (2) (a), Stats. The course of study required under s. 446.025 (2) (a) 3., Stats., shall be one of the following:

(1) A course of study meeting all of the following requirements:

(a) The course of study shall comprise 48 hours, including all of the following topics:

  1. Introduction to x-ray examination.

  2. Physics of x-ray examination.

  3. Anatomy.

  4. Patient position.

  5. Safety measures.

  6. Machine operation.

  7. Exposure techniques and accessories.

  8. Processing and dark room techniques.

  9. Film critique and quality assurance.

  10. Professionalism.

  11. Recordkeeping.

  12. Emergency procedures summary.

(b) The course of study shall include a final assessment of competency of the didactic and clinical components of the program.

(c) The certification program shall have a chiropractor licensed under ch. 446, Stats., present in the facility and available to the students of the course of study.

(2) A course of study the board determines is reasonably equivalent to the course of study under sub. (1).

History

  • CR 17-010: cr. Register July 2018 No. 751, eff. 8-1-18.
Wis. Admin. Code § Chir 10.03 X-ray services {#sec-chir-10.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 10.03}

As provided under s. 446.02 (7) (d), Stats., a chiropractor may delegate x-ray services only to a chiropractic radiological technician or a health care professional acting within the scope of the health care professional’s license, registration, or certification. A chiropractor shall comply with s. Chir 4.04 before delegating the performance of x-ray services to a chiropractic radiological technician or a health care professional.

History

  • Cr. Register, January, 1995, No. 469, eff. 2-1-95; CR 17-010: am. Register July 2018 No. 751, eff. 8-1-18; CR 18-105: am. Register May 2020 No. 773, eff.6-1-20.

Chapter Chir 11 PATIENT RECORDS

Wis. Admin. Code § Chir 11.01 Definitions {#sec-chir-11.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 11.01}

In this chapter:

(1) “New patient” means an individual who has not been examined or treated by the chiropractor or another chiropractor in the same group practice within the last 3 years.

(2) “Patient record” has the meaning given for “patient health care records” in s. 146.81 (4), Stats.

History

  • Cr. Register, May, 1997, No. 497, eff. 6-1-97; CR 17-057: r. and recr. Register August 2018 No. 752, eff. 9-1-18; correction in (2) made under s. 35.17, Stats., Register August 2018 No. 752.
Wis. Admin. Code § Chir 11.02 Patient record contents {#sec-chir-11.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 11.02}

(1) Complete and comprehensive patient records shall be created and maintained by a chiropractor for every patient with whom the chiropractor consults, examines or treats.

(2) Patient records shall be maintained for a minimum period of 7 years as specified in s. Chir 6.02 (27).

(3) Patient records shall be prepared in substantial compliance with the requirements of this chapter.

(4) Patient records shall be complete and sufficiently legible to be understandable to healthcare providers generally familiar with chiropractic practice, procedures, and nomenclature.

(5) Patient records shall include documentation of informed consent of the patient, or the parent or guardian of any patient under the age of 18, for examination, diagnostic testing and treatment.

(6) Rationale for diagnostic testing, treatment or other ancillary services shall be documented in or readily inferred from the patient record.

(7) Significant, relevant patient health risk factors shall be identified and documented in the patient record.

(8) Each entry in the patient record shall be dated and shall identify the chiropractor, chiropractic assistant or other person making the entry.

Note: Chiropractors should be aware that federal requirements, especially in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), may have an impact on record-keeping requirements.

History

  • Cr. Register, May, 1997, No. 497, eff. 6-1-97; CR 18-105: am. (4) Register May 2020 No. 773, eff. 6-1-20.
Wis. Admin. Code § Chir 11.03 Initial patient presentation {#sec-chir-11.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 11.03}

Upon presentation of a new patient, patient records shall contain the following essential elements as relevant or applicable to the evaluation and treatment of the patient:

(1) History of the present illness or complaints, and significant past health, medical and social history.

(2) Significant family medical history and health factors which may be congenital or familial in nature.

(3) Review of patient systems, including cardiovascular, respiratory, musculoskeletal, integumentary and neurologic.

(4) Results of physical examination and diagnostic testing focusing on areas pertinent to the patient’s chief complaints.

(5) Assessment or diagnostic impression of the patient’s condition.

(6) Treatment plan for the patient, including all treatments rendered, and all other ancillary procedures or services rendered or recommended.

History

  • Cr. Register, May, 1997, No. 497, eff. 6-1-97.
Wis. Admin. Code § Chir 11.04 Daily notes {#sec-chir-11.04 omnilex-key=us-wi-regs-official--agency-chir--Chir 11.04}

For patient visits in which the chiropractor carries out a previously devised treatment plan, daily notes shall be made and maintained documenting all treatments and services rendered, and any significant changes in the subjective presentation, objective findings, assessment or treatment plan for the patient.

History

  • Cr. Register, May, 1997, No. 497, eff. 6-1-97.

Chapter Chir 12 NUTRITIONAL COUNSELING CERTIFICATION

Wis. Admin. Code § Chir 12.01 Definitions {#sec-chir-12.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 12.01}

In this chapter:

(1) “Administer” means to directly apply a nutritional supplement or direct the self-application of a nutritional supplement, whether by ingestion or any other means, to the body of a patient or research subject.

(2) “Dispense” means to deliver a nutritional supplement to an ultimate user or research subject.

(3) “Nutritional counseling” means providing counsel, direction, guidance, advice, or a recommendation to a patient regarding the health effects of nutritional supplements.

(4) “Nutritional supplement” means a product, other than tobacco, that is labeled as a nutritional or dietary supplement or intended to supplement the diet and that contains or is a concentrate, metabolic, constituent, or extract of one or more of the following dietary ingredients:

(a) A vitamin.

(b) A mineral.

(c) An herb or other botanical.

(d) An amino acid.

(e) A dietary substance for use by an individual to supplement the diet by increasing total daily intake.

(5) “Patient” means an individual with whom a chiropractor has an established chiropractor-patient relationship or who, based on the actions of the chiropractor, has a reasonable belief that an established chiropractor-patient relationship exists.

(6) “Program sponsor” has the meaning given in s. 446.028 (1), Stats.

History

  • CR 06-051: cr. Register November 2006 No. 611, eff. 12-1-06; CR 19-100: renum. (1) (intro.) to (1) and am., r. (1) (a), (b), am. (2), (3), renum. (4) to (4) (intro.) and am., cr. (4) (a) to (e), (5) Register July 2023 No. 811, eff. 8-1-23; CR 24-046: cr. (6) Register May 2025 No. 833, eff. 6-1-25.
Wis. Admin. Code § Chir 12.02 Requirements for nutritional counseling certification {#sec-chir-12.02 omnilex-key=us-wi-regs-official--agency-chir--Chir 12.02}

The board shall grant a certificate for nutritional counseling to a chiropractor licensed under ch. 446, Stats., who does all of the following:

(1) Submits an application to the department on a form provided by the department.

Note: Application instructions can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

(2) Pays the fee specified under s. 446.02 (2) (c), Stats., unless the applicant is eligible for the veterans fee waiver program under s. 45.44, Stats.

(3) Submits evidence satisfactory to the board that the applicant has received any of the following:

(a) A postgraduate degree in human nutrition, nutrition education, food and nutrition, or dietetics conferred by a college or university that is accredited by an accrediting body recognized by the United States department of education.

(b) Diplomate status in human nutrition conferred by a college of chiropractic accredited by the Council on Chiropractic Education, approved by the board, or accredited by an accrediting agency recognized by the United States department of education.

(c) A postgraduate degree in human nutrition conferred by a foreign school determined to be equivalent to an accredited college of chiropractic by the Council on Chiropractic Education or approved by the board or another board approved accrediting agency, indicating that the applicant has graduated from a program that is substantially equivalent to a postgraduate or diplomate program under par. (a) or (b).

(d) A degree or other recognition of successful completion of a postgraduate program that is approved under s. Chir 12.03 at the time the program is completed.

History

  • CR 06-051: cr. Register November 2006 No. 611, eff. 12-1-06; CR 19-100: renum. (1) (intro.), (a), (b), (c) to (intro.), (1), (2), (3) and am. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § Chir 12.03 Approval of nutritional counseling education programs {#sec-chir-12.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 12.03}

(1) To qualify for board approval as a nutritional counseling education program, a program shall meet all of the following minimum requirements:

(am) The program consists of a minimum of 48 hours of study in human nutrition.

(b) The program subject matter includes core curriculum education in each of the following areas:

  1. Nutrition counseling and initial screening to include nutrition physical examination.

  2. Diet history taking.

  3. Analysis of laboratory data including hair, saliva, urine, and blood samples.

  4. Symptoms of severe vitamin and nutritional deficiencies, and the toxicity of excess vitamin and mineral supplementation, herbals, or other nutritional supplements.

  5. Protein, carbohydrates, and fat macronutrient needs, and symptoms of deficiencies of any of these nutrients.

  6. Vitamin recommended daily allowances and dietary reference intakes.

  7. Mineral and metals needs of the human body and the biochemistry of essential and non-essential nutritional supplements.

  8. Fiber needs.

  9. The Codex Alimentarius Commission.

  10. The Dietary Supplement Health and Education Act of 1994 and related regulations.

Note: The Dietary Supplement Health and Education Act of 1994 is also known as Public Law 103-417.

  1. Etiology of organ system dysfunction and internal medicine diseases and conditions.

  2. Supplements and nutrition.

  3. The efficacy, safety, risks, and benefits of glandular products, chelation therapy, and therapeutic enzymes.

  4. Food composition and foods as a source of vitamins.

  5. Sports nutrition, endurance, body building, and exercise physiology.

  6. Weight management and control.

  7. Contraindications, side effects, and toxic effects of botanicals, nutritional supplements, and diet products.

  8. Nutrition across the life cycle.

  9. Nutrition relating to infants, pregnancy, and lactation.

  10. Geriatric nutritional needs.

  11. Adolescent nutritional needs.

  12. Male and female nutritional needs.

  13. Therapeutic use of botanical medicine.

  14. Food, drug, and nutritional supplement interactions.

  15. The safety, efficacy, risks, and benefits of nutritional supplements.

(c) The program sponsor agrees to do all of the following:

  1. Provide a responsible person to monitor and verify attendance at the program.

  2. Keep records of attendance for at least 3 years from the date of the program.

  3. Furnish each participant with evidence of having attended the program.

(e) The program sponsor has reviewed and validated the program’s content to ensure its compliance with par. (b).

(g) The program offers significant professional educational benefit for participants, as determined by the board.

(h) The instructor is qualified to present the course.

(i) The program includes a written assessment instrument that is designed to ensure the chiropractor actively participated in the presentation of material and derived a measurable benefit from participation. There shall be an assessment or test at the conclusion of each 12 hours of study. A score of 75% or higher shall be considered a passing score.

(j) The program contains a reasonable security procedure to ensure the chiropractor enrolled is the actual participant.

(2)

(a) An application for approval of a nutritional counseling education program shall meet all of the following requirements:

  1. The application shall be on a form provided by the board.

Note: Application instructions can be found on the department of safety and professional services’ website at http://dsps.wi.gov.

  1. Identify the name and address of the program sponsor.

  2. The application shall identify the time and location of the program if program is also seeking approval as a continuing education program.

  3. An application is not considered complete until such time as all information required to be submitted with the application, and any supplementary information requested by the board, is received by the board.

  4. The application shall include satisfactory evidence, as determined by the board, that the program subject matter contributes to the advancement, extension, and enhancement of the clinical skills of a chiropractor and fosters the enhancement of general or specialized practice and values. A detailed course outline or syllabus describing the subject matter of the program and the amount of time devoted to each section of the outline or syllabus shall be attached to the application.

  5. The application shall describe the names and qualifications of all instructors.

a. A specific description of the assigned or delegated responsibility.

b. The name, address, and qualifications of the person or entity assigned or delegated the responsibility.

c. A description of the method by which the program sponsor intends to ensure the delegated or assigned responsibility is performed.

  1. The application shall include a description of the written assessment instrument that is designed to ensure a chiropractor has actively participated in the presentation of material and derived a measurable benefit from participation.

  2. The application shall include a description of the security procedure that will be used to ensure a chiropractor enrolled in the program is the actual participant.

(b) If necessary, in order to determine whether an applicant meets the requirements of this chapter, the board may require that the applicant submit information in addition to that described in this section.

(3) Programs shall be approved for one hour of study for every 50 minutes of instruction. For purposes of the approval of hours of study, meals, breaks, and testing or assessment periods may not be included as time devoted to instruction.

(4) The sponsor of an approved program shall ensure that the program is carried out and presented as represented to and approved by the board.

(5) The approval of a course shall be effective only for the biennium in which it is approved.

History

  • CR 06-051: cr. Register November 2006 No. 611, eff. 12-1-06; 2021 Wis. Act 253: r. (1) (a), am. (2) (a) 2. Register April 2022 No. 796, eff. 5-1-22; CR 19-100: am. (1) (intro.), cr. (1) (am), am. (1) (b) 3. to 5., 9. to 11., 13., 15., 17., 19., 21., 22., 24., 25., renum. (1) (c) to (1) (c) (intro.) and am., cr. (1) (c) 1. to 3., am. (1) (d) to (f), (i), (j), r. (1) (k), am. (2) (a) 1., 3. to 9., (3) Register July 2023 No. 811, eff. 8-1-23; CR 24-046: r. (1) (d), (f), am. (2) (a) 3., 4., 6., r. (2) (a) 7., am. (4) Register May 2025 No. 833, eff. 6-1-25.
Wis. Admin. Code § Chir 12.04 Application denials {#sec-chir-12.04 omnilex-key=us-wi-regs-official--agency-chir--Chir 12.04}

The board may deny approval of an application submitted under s. Chir 12.03 (2) for any of the following reasons:

(1) The program or program sponsor does not meet requirements established in this chapter.

(4) Any presentation, program content, materials or displays for the advertising, promotion, sale or marketing of equipment, devices, instruments or other material of any kind or purpose is not kept separate from the program content and presentation for which approval is applied and granted.

History

  • CR 06-051: cr. Register November 2006 No. 611, eff. 12-1-06; CR 19-100: (am.) (intro.) Register July 2023 No. 811, eff. 8-1-23; CR 24-046; r. (2), (3) Register May 2025 No. 833, eff. 6-1-25.
Wis. Admin. Code § Chir 12.05 Revocation of approval {#sec-chir-12.05 omnilex-key=us-wi-regs-official--agency-chir--Chir 12.05}

The board may revoke approval of a program for any of the following reasons:

(1) The program sponsor or an instructor has a financial, personal, or professional interest that conflicts directly with the performance of responsibilities under this chapter.

(2) Failure on the part of a program sponsor or an instructor to carry out a program as represented to and approved by the board or as provided in this chapter.

History

  • CR 06-051: cr. Register November 2006 No. 611, eff. 12-1-06; CR 19-100: am. (1) Register July 2023 No. 811, eff. 8-1-23; CR 24-046: am. (1), (2) Register May 2025 No. 833, eff. 6-1-25.
Wis. Admin. Code § Chir 12.06 Prohibited practices {#sec-chir-12.06 omnilex-key=us-wi-regs-official--agency-chir--Chir 12.06}

(1) A chiropractor may not delegate to any chiropractic assistant or other person any recommendations, analysis, advice, consultation, or dispensing with respect to nutritional supplements. Nothing in this subsection may be construed to prevent chiropractic assistants or administrative employees from processing sales of nutritional supplements.

(2) A chiropractor may not sell, barter, trade, or give away nutritional supplements to a patient unless the chiropractor holds a certificate for nutritional counseling and except as consistent with the provisions of this chapter.

(3) A chiropractor may not deliver, dispense, administer, transfer, or sell a nutritional supplement unless the nutritional supplement is prepackaged for use by consumers and labeled in accordance with the requirements of state and federal law.

History

  • CR 06-051: cr. Register November 2006 No. 611, eff. 12-1-06; CR 19-100: am. Register July 2023 No. 811, eff. 8-1-23.
Wis. Admin. Code § Chir 13.01 Authority and purpose {#sec-chir-13.01 omnilex-key=us-wi-regs-official--agency-chir--Chir 13.01}

(1) Authority. The rules in this chapter are adopted pursuant to the authority delegated by ss. 15.08 (5) (b), 227.11 (2) (a), and 446.08, Stats.

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

History

  • CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.

Any chiropractor who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable chiropractor standard is the standard for informing a patient. The reasonable chiropractor standard requires disclosure only of information that a reasonable chiropractor would know and disclose under the circumstances.

History

  • CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.
Wis. Admin. Code § Chir 13.03 Exceptions to communication of alternate modes of treatment {#sec-chir-13.03 omnilex-key=us-wi-regs-official--agency-chir--Chir 13.03}

The chiropractor’s duty to inform patients of alternate modes of treatment does not require disclosure of any of the following:

(1) Detailed technical information that in all probability a patient would not understand.

(2) Risks apparent or known to the patient.

(3) Extremely remote possibilities that might falsely or detrimentally alarm the patient.

(4) Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.

(5) Information in cases where the patient is incapable of consenting.

(6) Information about alternate modes of treatment for any condition the chiropractor has not included in their diagnosis at the time the chiropractor informs the patient.

History

  • CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.
Wis. Admin. Code § Chir 13.04 Recordkeeping {#sec-chir-13.04 omnilex-key=us-wi-regs-official--agency-chir--Chir 13.04}

A chiropractor’s patient record shall include documentation that he or she has communicated alternate modes of treatment to their patient and has obtained informed consent from their patient in keeping with s. Chir 11.02 (5).

History

  • CR 14-069: cr. Register July 2015 No. 715, eff. 8-1-15.

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