Wis. Admin. Code PA — Physician Assistant Affiliated Credentialing Board

Chapter PA 1 AUTHORITY AND DEFINITIONS

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

The rules in chs. PA 1 to 4 are adopted by the Physician Assistant Affiliated Credentialing Board pursuant to the authority delegated by ss. 15.085 (5) (b), 440.09 (5), 448.973 (1), and 448.975 (5) (a), Stats.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 1.02 Definitions {#sec-pa-1.02 omnilex-key=us-wi-regs-official--agency-pa--PA 1.02}

As used in chs. PA 1 to 4:

(1) “Alternate collaborator” means a physician or physician assistant who is designated temporary duties of collaboration by the collaborating physician when the collaborating physician is temporarily unavailable.

(2) “Board” means the physician assistant affiliated credentialing board.

(2e) “Compact” means the physician assistant licensure compact under s. 448.988, Stats.

(2m) “Compact privilege” has the meaning given in s. 448.988 (2) (b), Stats.

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

(4) “Educational program” means a program for educating and preparing physician assistants which is approved by the board.

(5) “Physician” has the meaning given in s. 448.01 (5), Stats.

(6) “Physician assistant” means a person licensed under s. 448.974, Stats.

(7) “Physician associate” is analogous to and has the same meaning as “physician assistant.”

(8) “Podiatrist” has the meaning given in s. 448.60 (3), Stats.

(9) “Podiatry” or “podiatric medicine and surgery” has the meaning given in s. 448.60 (4), Stats.

(10) “Qualifying license” has the meaning given in s. 448.988 (2) (r), Stats.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (intro.), (7) made under s. 35.17, Stats., Register July 2023 No. 811; CR 25-029: cr. (2e), (2m), (10) Register December 2025 No. 840, eff. 1-1-26.

Chapter PA 2 LICENSE TO PRACTICE AS A PHYSICIAN ASSISTANT

Wis. Admin. Code § PA 2.01 Initial licensure {#sec-pa-2.01 omnilex-key=us-wi-regs-official--agency-pa--PA 2.01}

Except as provided under sub. (3), the board shall grant an initial license to practice as a physician assistant to any applicant who has been found qualified by three-fourths of the members of the board and satisfies all of the following requirements, as determined by the board:

(1) The applicant shall submit all of the following:

(a) A completed application form.

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

(b) The fee determined by the department under s. 448.07 (2), Stats.

(c) Evidence of graduation from an educational program approved under s. PA 2.02.

(d) Evidence of having successfully passed the National Commission on Certification of Physician Assistants (NCCPA) Certification Examination or an equivalent national examination approved by the board.

(e) A listing of all employers, practice settings, internships, residencies, fellowships, and other employment for the past 7 years.

(f) An attestation that the applicant is at least 18 years old.

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

(3) Subsection (1) (c) does not apply to an applicant who provides evidence that the applicant is a licensed physician assistant or physician associate in another state, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States and the board determines that the requirements for obtaining the license in that state or territory are substantially equivalent to the requirements under sub. (1) (c).

(4) The board may require an applicant to complete a personal appearance for purposes of an interview, or review of credentials, or both.

(5) Notwithstanding sub. (1), an individual who, as of April 1, 2022, was licensed by the medical examining board as a physician assistant under subch. II of ch. 448, 2017 Stats., shall be considered to have been licensed as a physician assistant for the purposes of these rules, and, upon the license’s expiration, shall renew in accordance with the provisions of s. PA 2.04.

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

(7) An applicant who fails to receive a passing score on the examination required under sub. (1) (d) may reapply by payment of the fee specified in sub. (1) (b). An applicant may reapply twice at not less than 4-month intervals. If an applicant fails the examination 3 times, he or she may not apply for licensure unless the applicant submits proof of having completed further professional training or education as the board may prescribe.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (3) made under s. 13.92 (4) (b) 4., Stats., and corrections in (5) to (7) made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 2.015 Compact privilege {#sec-pa-2.015 omnilex-key=us-wi-regs-official--agency-pa--PA 2.015}

Every applicant for compact privilege shall meet all of the following requirements:

(1) Satisfy all requirements under s. 448.988 (4), Stats.

(2) Complete the compact application process.

(3) Pay the fee specified in s. 448.9885 (2), Stats.

Note: Application instructions for compact privilege may be obtained from the Department of Safety and Professional Services’ website at http://dsps.wi.gov.

History

• CR 25-029: cr. Register December 2025 No. 840, eff. 1-1-26.

Wis. Admin. Code § PA 2.02 Education program approval {#sec-pa-2.02 omnilex-key=us-wi-regs-official--agency-pa--PA 2.02}

The board shall only approve an education program for a physician assistant or physician associate that is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its successor, or, prior to 2001, by the Committee on Allied Health Education and Accreditation or the Commission on Accreditation of Allied Health Education Programs. If the applicant does not satisfy this requirement, the applicant may show that, prior to January 1, 1986, the applicant successfully passed the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § PA 2.03 Oral interviews and personal appearances {#sec-pa-2.03 omnilex-key=us-wi-regs-official--agency-pa--PA 2.03}

(1) The board may require an applicant to complete an oral interview or personal appearance before the board, if any of the following circumstances apply:

(a) The applicant has a medical condition which in any way impairs or limits the applicant’s ability to practice as a physician assistant with reasonable skill and safety.

(b) The applicant uses chemical substances that impair in any way the applicant’s ability to practice as a physician assistant with reasonable skill and safety.

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

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

(e) The applicant has not practiced as a physician assistant for a period of 3 years prior to application, unless the applicant has graduated from an approved educational program in the last 3 years under s. PA 2.02.

(f) The applicant has been found to have been negligent in the practice as a physician assistant or is currently a party in a lawsuit in which it was alleged that the applicant has been negligent in the practice of medicine.

(g) The applicant has been diagnosed with any condition that may create a risk of harm to a patient or the public.

(h) The applicant has within the last 2 years engaged in the illegal use of controlled substances.

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

(2) An application filed under this chapter shall be reviewed by an application review panel, designated by the chairperson of the board, to determine whether an applicant is required to complete an oral interview or a personal appearance or both under sub. (1). If the application review panel is not able to reach unanimous agreement on whether an applicant is eligible for licensure without completing an oral interview or a personal appearance or both, the application shall be referred to the board for a final determination.

(3) The board shall notify an applicant requiring an oral interview or appearance of the time and place scheduled for that applicant’s interview or appearance.

(4) Otherwise qualified applicants with disabilities, as defined by the Americans with Disabilities Act, shall be provided with reasonable accommodations.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (1) (e) made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 2.04 License renewal and continuing medical education {#sec-pa-2.04 omnilex-key=us-wi-regs-official--agency-pa--PA 2.04}

(1) A licensee shall renew their license as specified by ss. 440.03 (9) (a) and 440.08 (2) (a), Stats.

(2) A licensee shall complete a renewal application approved by the board and return it with the required fee prior to the date specified by ss. 440.03 (9) (a) and 440.08 (2) (a), Stats.

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

(3) Except as provided under sub. (4) and specified by s. 440.08 (2) (a), Stats., a licensee shall attest to the completion of the following:

(a) At least 30 hours of continuing medical education classified as Category 1 as defined by the NCCPA or as approved by the Board.

(b) Of the required 30 hours of continuing medical education, at least 2 hours are on the topic of responsible controlled substances prescribing.

(4) Subsection (3) does not apply to the first renewal following the date a license is issued.

(5) Licensees shall retain certificates of continuing medical education attendance for a minimum of four years to be provided to the board upon request.

(6) Licensees may submit evidence of active certification from the NCCPA or a board approved successor organization and the board shall accept such certification as meeting the requirements under sub. (3) (a).

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (3) to (6) made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 2.05 Reinstatement {#sec-pa-2.05 omnilex-key=us-wi-regs-official--agency-pa--PA 2.05}

(1) A licensee who fails for any reason to be licensed as required under this chapter may not exercise the rights or privileges conferred by any license granted by the board.

(2) Failure to renew a license as specified in s. PA 2.04 shall cause the license to lapse. A licensee who allows the license to lapse may apply for reinstatement of the license by the board, subject to s. 440.08 (4), Stats., as follows:

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

(b) If the licensee applies for renewal of the license more than 5 years after its expiration, the board shall make an inquiry to determine whether the applicant is competent to practice under the license in this state and shall impose any reasonable conditions on the renewal of the license. This paragraph does not apply to licensees who have unmet disciplinary requirements or whose licenses have been surrendered or revoked.

(3) A licensee who has unmet disciplinary requirements and failed to renew a license within 5 years of the renewal date or whose license has been surrendered or revoked may apply to have a license reinstated if the applicant provides all of the following:

(a) Evidence of completion of requirements under s. PA 2.05 (2) (b) if the licensee has not held an active Wisconsin license in the last 5 years.

(b) Evidence of completion of disciplinary requirements, if applicable.

(c) Evidence of rehabilitation or a change in circumstances, warranting reinstatement of the license.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; corrections in (2) (a), (b), (3) (intro.), (a) made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 2.06 Reciprocal credentials for service members, former service members, and their spouses {#sec-pa-2.06 omnilex-key=us-wi-regs-official--agency-pa--PA 2.06}

A reciprocal license 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

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 2.07 Title protection {#sec-pa-2.07 omnilex-key=us-wi-regs-official--agency-pa--PA 2.07}

No person may designate himself or herself as a “physician assistant” or “physician associate” or use or assume the title “physician assistant” or “physician associate” or append to the person's name the words or letters “physician assistant”, “physician associate” or “P.A.” or any other titles, letters, or designation which represents or may tend to represent that person as a physician assistant or physician associate unless that person is a physician assistant licensed by the board or has compact privilege or a federally credentialed physician assistant or physician associate. This section does not apply to a person that meets the requirements under s. 448.974 (1) (a) 3., Stats., but who is not licensed under ss. 448.974 (1) or (1m), Stats.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; CR 25-029: am. Register December 2025 No. 840, eff. 1-1-26.

Chapter PA 3 PRACTICE

Wis. Admin. Code § PA 3.01 Practice standards {#sec-pa-3.01 omnilex-key=us-wi-regs-official--agency-pa--PA 3.01}

(1) Except as provided in sub. (2) and ss. PA 3.02, 3.03, and 3.04, a physician assistant shall maintain and practice in accordance with a written collaborative agreement with a physician as specified in s. 448.975 (2) (a), Stats.

(2)

(a) A physician assistant may practice without a written collaborative agreement specified in s. 448.975 (2) (a), Stats., if the physician assistant’s practice is pursuant to an employment arrangement specified in s. 448.975 (2) (a) 1. a., Stats.

(b) The requirement specified in s. 448.975 (2) (a) 1. a., Stats., is met if the physician assistant or his or her employer maintains and can provide to the board upon request a position description, policy document, organizational chart, or other document from the employer indicating that an administrator for the employing organization who is a physician has managerial responsibility for overseeing the overall direction, management, and clinical care delivered in the organization or clinical department in which the physician assistant is a clinical employee. Such document is not the exclusive means for a physician assistant to comply with s. 448.975 (2) (a) 1. a., Stats.

(3) As provided by s. 448.975 (2) (a) 2. Stats., subs. (1) and (2) do not require the physical presence of a physician at the time and place a physician assistant renders a service.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (1), (2) (b), (3) made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 3.02 Practice of podiatry {#sec-pa-3.02 omnilex-key=us-wi-regs-official--agency-pa--PA 3.02}

A physician assistant may practice with the supervision and direction of a podiatrist pursuant to ss. 448.695 (4) (b) and 448.975 (1) (b) 2., Stats.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § PA 3.03 Emergency, disaster, and volunteer practice {#sec-pa-3.03 omnilex-key=us-wi-regs-official--agency-pa--PA 3.03}

(1) A physician assistant licensed or with compact privilege under ch. PA 2 may perform any of the following:

(a) Render such emergency medical care that they are able to provide at the scene of an accident or emergency situation, not to be defined as an emergency situation that occurs in the place of one’s employment, in the absence of an employment or collaborative agreement entered into under s. PA 3.01.

(b) Render such medical care that they are able to provide during a declared state of emergency or other disaster, notwithstanding an employment or collaborative agreement entered into under s. PA 3.01.

(c) Provide volunteer medical care at camps or sporting events, notwithstanding an employment or collaborative agreement entered into under s. PA 3.01.

(2) Pursuant to ss. 257.03 (3) and 448.975 (5) (a) b 1., Stats., a physician assistant who voluntarily and gratuitously renders emergency, disaster, or volunteer care pursuant to sub. (1) is not liable for civil damages for any personal injuries that result from acts or omissions which may constitute ordinary negligence. The immunity granted by this section shall not apply to acts or omissions constituting reckless, wanton, or intentional misconduct.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (2) made under s. 35.17, Stats., Register July 2023 No. 811; CR 25-029: am. (1) (intro.) Register December 2025 No. 840, eff. 1-1-26.

Wis. Admin. Code § PA 3.04 Practice during interruption in collaboration {#sec-pa-3.04 omnilex-key=us-wi-regs-official--agency-pa--PA 3.04}

If a physician assistant’s collaborating physician under s. PA 3.01 (2) is unable to collaborate as specified in that section due to an interruption in licensed practice, a leave of absence of 30 days or longer such that the physician is unreachable, change in employment, change in license or privileges, or death, then the following requirements apply:

(1) When the interruption is temporary, and an alternate has not been identified in the current agreement, or is otherwise not available, a new alternate physician may provide temporary collaboration to the physician assistant. An interim collaborative agreement shall be documented within and maintained at the site of practice in accordance with s. PA 3.01 (2).

(2) If the collaborating physician will be unavailable for more than 90 business days due to an interruption in licensure or privileges, employment, extended leave of absence or death, the physician assistant shall secure a new collaborating physician and document the agreement in accordance with s. PA 3.01 (2).

(3) If no physician is available to collaborate with the physician assistant, then either of the following apply:

(a) A physician assistant possessing at least 2,080 hours of practice experience in the same specialty or concentration shall notify the board within 3 business days of the collaborating physician’s absence and attest to active search for replacement. The physician assistant may continue to practice under the current terms of the physician assistant’s collaboration agreement without physician collaboration for up to 120 business days, at which time the physician assistant may petition the board to extend practice under the same terms. The board shall consider the practice setting, experience, and qualifications of the physician assistant, and potential availability of collaborating physicians when reviewing requests to extend practice under this paragraph; or

(b) A physician assistant possessing less than 2,080 hours of practice experience in the same specialty or concentration shall enter into a written interim collaborative agreement with a physician assistant possessing at least 10,000 hours of practice experience in the same specialty or concentration; and shall notify the board within 3 business days of the collaborating physician’s absence, provide a copy of the interim written collaborative agreement and, attest to active search for replacement of the collaborating physician. The physician assistant may continue to practice under the current terms of the physician assistant’s interim collaboration agreement with physician assistant collaboration for up to 120 business days, at which time the physician assistant may petition the board to extend practice under the same terms. The board shall consider the practice setting, experience, and qualifications of the physician assistant, the collaborating physician assistant and potential availability of collaborating physicians when reviewing requests to extend practice under this paragraph. This interim collaborative agreement may not exceed 270 consecutive days.

(4) The board may audit and review the practice of a physician assistant temporarily practicing without a collaborating physician under sub. (3) at any time during or after the collaborating physician’s absence.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (2), (3) (a), (b), (4) made under s. 35.17, Stats., Register July 2023 No. 811.

Wis. Admin. Code § PA 3.05 Minimum standards for patient health care records {#sec-pa-3.05 omnilex-key=us-wi-regs-official--agency-pa--PA 3.05}

(1) When patient healthcare records are not maintained by a separate entity, a physician assistant shall ensure patient health care records are maintained on every patient for a period of not less than 5 years after the date of the last entry, or for a longer period as may be otherwise required by law.

(2) A patient health care record shall contain all of the following clinical health care information which applies to the patient’s medical condition:

(a) Pertinent patient history.

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

(c) Assessment or diagnosis.

(d) Plan of treatment for the patient.

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

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § PA 3.06 Standards for dispensing and prescribing drugs {#sec-pa-3.06 omnilex-key=us-wi-regs-official--agency-pa--PA 3.06}

(1) Prescriptive authority.

(a) A physician assistant may order, prescribe, procure, dispense, and administer prescription drugs, medical devices, services, and supplies.

(b) A physician assistant practicing under the supervision and direction of a podiatrist may issue a prescription order for a drug or device in accordance with guidelines established by the supervising podiatrist and the physician assistant.

(2) Packaging. A prescription drug dispensed by a physician assistant shall be dispensed in a child-resistant container if it is a substance requiring special packaging under 16 CFR 1700.14 (1982) of the federal regulations for the federal poison packaging act of 1970.

(3) Labeling. A prescription drug dispensed by a physician assistant shall contain a legible label affixed to the immediate container disclosing all of the following:

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

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

(c) The name of the physician assistant who prescribed the drug.

(d) The full name of the patient.

(e) The generic name and strength of the prescription drug dispensed unless the prescribing physician assistant requests omission of the name and strength of the drug dispensed.

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

(4) Recordkeeping.

(a) Unless otherwise maintained by an organization, a physician assistant shall maintain complete and accurate records of each prescription drug received, dispensed, or disposed of in any other manner.

(b) Records for controlled substances shall be maintained as required by the federal controlled substances act and ch. 961, Stats.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § PA 3.07 Informed consent {#sec-pa-3.07 omnilex-key=us-wi-regs-official--agency-pa--PA 3.07}

(1) Pursuant to s. 448.9785, Stats., a physician assistant shall communicate alternate modes of treatment to a patient.

(2) Any physician assistant who treats a patient shall inform the patient about the availability of reasonable alternative modes of treatment and about the benefits and risks of these treatments. The reasonable physician assistant standard is the standard for informing a patient under this section. The reasonable physician assistant standard requires disclosure only of information that a reasonable physician assistant in the same or a similar medical specialty would know and disclose under the circumstances.

(3) The physician assistant’s duty to inform the patient under this section does not require disclosure of any of the following:

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

(b) Risks apparent or known to the patient.

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

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

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

(f) Information about alternate modes of treatment for any condition the physician assistant has not included in the physician assistant’s diagnosis at the time the physician assistant informs the patient.

(4) A physician assistant’s record shall include documentation that alternate modes of treatment have been communicated to the patient and informed consent has been obtained from the patient.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § PA 3.08 Telemedicine and telehealth practice {#sec-pa-3.08 omnilex-key=us-wi-regs-official--agency-pa--PA 3.08}

(1) In this section:

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

(b) “Telehealth” has the meaning given in s. 440.01 (1) (hm), Stats.

(c) “Telemedicine” is analogous to and has the same meaning as “telehealth” in par. (b).

(2) The rules in this section do not prohibit any of the following:

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

(b) Patient care in consultations with another healthcare provider who has an established provider-patient relationship with the patient.

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

(d) Treating a patient with an emergency medical condition.

(3) A physician assistant-patient relationship may be established via telehealth.

(4) A physician assistant who uses telemedicine in the diagnosis and treatment of a patient located in this state shall be licensed to practice as a physician assistant by the board.

(5) A physician assistant shall be held to the same standards of practice and conduct including patient confidentiality and recordkeeping, regardless of whether health care services are provided in person or by telemedicine.

(6) A physician assistant who provides health care services by telehealth is responsible for the quality and safe use of equipment and technology that is integral to patient diagnosis and treatment.

(7) The equipment and technology used by a physician assistant to provide health care services by telehealth shall provide, at a minimum, information that will enable the physician assistant to meet or exceed the standard of minimally competent physician assistant practice.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; corrections in (4) to (6) made under s. 13.92 (4) (b) 12., Stats., Register July 2023 No. 811.

Chapter PA 4 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § PA 4.005 Definitions {#sec-pa-4.005 omnilex-key=us-wi-regs-official--agency-pa--PA 4.005}

In this chapter:

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

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

History

• CR 25-002: cr. Register September 2025 No. 837, eff. 10-1-25; corrections in title and (intro.) made under ss. 13.92 (4) (b) 1., 2. and 35.17, Stats., Register September 2025 No. 837.

Wis. Admin. Code § PA 4.01 Unprofessional conduct {#sec-pa-4.01 omnilex-key=us-wi-regs-official--agency-pa--PA 4.01}

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

(1) Dishonesty and character.

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

(b) Violating or attempting to violate any term, provision, or condition of any order of the board.

(c) Knowingly engaging in fraud or misrepresentation or dishonesty in applying, for or procuring a physician assistant license or compact privilege, or in connection with applying for or procuring periodic renewal of a physician assistant license, or in otherwise maintaining such licensure.

(d) Knowingly giving false, fraudulent, or deceptive testimony while serving as an expert witness.

(e) Employing illegal or unethical business practices.

(f) Knowingly, negligently, or recklessly making any false statement, written or oral, as a physician assistant which creates an unacceptable risk of harm to a patient, the public, or both.

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

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

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

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

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

(L) Offering, undertaking, or agreeing to treat or cure a disease or condition by a secret means, method, device, or instrumentality; or refusing to divulge to the board upon demand the means, method, device, or instrumentality used in the treatment of a disease or condition.

(2) Direct patient care violations.

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

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

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

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

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

1. Except as otherwise provided by law, a certified copy of a relevant finding, order, or judgement by a state or federal court or agency charged with making legal determinations shall be conclusive evidence of its findings of fact and conclusions of law.

2. A certified copy of a finding, order, or judgement demonstrating that entry of a guilty plea, nolo contendere plea or deferred adjudication, with or without expungement, of a crime substantially related to the practice of a physician assistant is conclusive evidence of a violation of this paragraph.

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

1. Sexual motivation may be determined from the totality of the circumstances and shall be presumed when the physician assistant has contact with a patient’s intimate parts without legitimate medical justification for doing so.

2. For the purpose of this paragraph, an adult receiving treatment shall be considered a patient for 2 years after the termination of professional services.

3. If the person receiving treatment is a child, the person shall be considered a patient for the purposes of this paragraph for 2 years after termination of services or for 2 years after the patient reaches the age of majority, whichever is longer.

(fm)

1. If a physician assistant who practices pursuant to a collaboration agreement or in an employment arrangement fails to comply with the terms of their collaboration agreement or contract of employment regarding chaperones or other observers in patient examinations, then the failure to follow such rules during an exam in which a violation of par. (f) is alleged may be considered by the board in determining whether the alleged misconduct occurred.

2. A physician assistant who is self-employed or in other practice settings that do not involve hospitals or employers shall establish written procedures for the use of chaperones or other observers in patient examinations and shall comply with these procedures once established.

3. A copy of any rules and procedures, or summary thereof, regarding the physician assistant’s use of chaperones or other observers shall be made available and accessible to all patients who are likely to receive a nonemergency examination of the breasts, genitals, or rectal area.

4. A physician assistant shall not be found in violation of this section because of the failure of a third party to create a policy regarding chaperones, or to allow posting or notification of any policy regarding chaperones.

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

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

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

(j) Performing physician assistant services without required informed consent under s. 448.9785, Stats., or s. PA 3.07.

(k) Aiding or abetting the practice of an unlicensed, incompetent, or impaired person or allowing another person or organization to use his or her license to practice as a physician assistant.

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

(m) Practicing as a physician assistant in another state or jurisdiction without appropriate licensure or compact privilege. A physician assistant has not violated this paragraph if, after issuing an order for services that complies with the laws of Wisconsin, their patient requests that the services ordered be provided in another state or jurisdiction.

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

1. The physician assistant fails to give the patient at least 30 days’ notice in advance of the date on which the physician assistant’s withdrawal becomes effective.

2. The physician assistant fails to allow for patient access to or transfer of the patient’s health record as required by law.

3. The physician assistant fails to provide for continuity of prescription medications between the notice of intent to withdraw from the physician assistant-patient relationship and the date on which the physician assistant-patient relationship ends, if the prescription medications are necessary to avoid unacceptable risk of harm.

4. The physician assistant fails to provide for continuity of care during the period between the notice of intent to withdraw from the physician assistant-patient relationship and the date on which the physician assistant-patient relationship ends. Nothing in this section shall be interpreted to imposed upon the physician assistant a greater duty to provide continuity care to a patient than otherwise required by law.

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

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

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

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

(d) Failure by a licensee to establish and maintain patient health care records consistent with the requirements of ss. PA 3.05 and 3.06 (4), or as otherwise required by law.

(e) Violating the duty to report under s. 448.9795, Stats.

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

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

(h) Except as provided under par. (i), a violation or conviction of any laws or rules of this state, or of any other state, or any federal law or regulation that is substantially related to the practice of a physician assistant.

1. Except as otherwise provided by law, a certified copy of a relevant decision by a state or federal court or agency charged with determining whether a person has violated a law or rule relevant to this paragraph is conclusive evidence of findings of facts and conclusions of law therein.

2. The department has the burden of proving that the circumstances of the crime are substantially related to the practice of a physician assistant.

(i) Violating or being convicted of any the conduct listed under in Table PA 4.01, any successor statute criminalizing the same conduct, or if in another jurisdiction, any act which, if committed in Wisconsin would constitute a violation of any statute listed in Table PA 4.01:

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23; correction in (1) (a) made under s. 13.92 (4) (b) 1., Stats., correction in (3) (g), (h) 2. made under s. 13.92 (4) (b) 12., Stats., and correction in (2) (e) 2., (j) made under s. 35.17, Stats., Register July 2023 No. 811; CR 25-002: cr. (2) (fm) Register September 2025 No. 837, eff. 10-1-25; CR 25-029: am. (1) (c), (2) (a), (m) Register December 2025 No. 840, eff. 1-1-26.

Wis. Admin. Code § PA 4.02 Discipline {#sec-pa-4.02 omnilex-key=us-wi-regs-official--agency-pa--PA 4.02}

(1) The board may conduct investigations and hearings to determine whether a licensee has violated s. PA 4.01 or has violated any state or federal law or any other jurisdiction that substantially relates to the practice of a physician assistant.

(2) The board may reprimand a physician assistant or deny, limit, suspend, or revoke a physician assistant’s license if the physician assistant has violated s. PA 4.01.

History

• EmR2206: cr., eff. 4-1-22; CR 22-064: cr. Register July 2023 No. 811, eff. 8-1-23.