Wis. Admin. Code Pod — Podiatry Affiliated Credentialing Board

Chapter Pod 1 LICENSE TO PRACTICE PODIATRIC MEDICINE AND SURGERY

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

Chapters Pod 1 to 8 are adopted by the podiatry affiliated credentialing board under ss. 15.085 (5) (b), 227.11 (2) and 448.695, Stats., and govern the practice of podiatric medicine and surgery under subch. IV of ch. 448, Stats.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; correction made under s. 13.92 (4) (b) 6., Stats., Register September 2012 No. 68; CR 17-030: am. Register January 2018 No. 745 eff. 2-1-18.

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

As used in chs. Pod 1 to 8:

(1) “Board” means the podiatry affiliated credentialing board.

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

(2m) “Direct supervision” means a podiatric physician has assumed responsibility for directing, supervising, and inspecting the work of the person being supervised and the supervising podiatric physician is physically present on the same premises as the person being supervised, with face-to-face contact as necessary.

(3) “License” means any license issued by the board.

(4) “Licensee” means any person validly possessing any license granted and issued to that person by the board.

(5) “Patient” means a person who receives health care services from a podiatrist.

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

(6m) “Podiatric x-ray assistant” means a person who is under the direct supervision of a licensed podiatric physician and who performs only those radiographic functions that are within the scope of practice of a podiatric physician licensed under s. 448.61, Stats., and that the podiatric physician is competent to perform.

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

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

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 06-056: am. (2) Register April 2007 No. 616, eff. 5-1-07; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register September 2012 No. 681; CR 13-110: am. (intro.), cr. (2m), (6m) Register August 2014 No. 704, eff. 9-1-14; CR 17-030: am. (intro.) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § Pod 1.03 Licensure requirements {#sec-pod-1.03 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.03}

Except as provided in s. Pod 1.095, every person applying for a license to practice podiatric medicine and surgery shall submit all of the following:

(1) A completed and verified application form provided by the board and the required fee under s. 440.05 (1), Stats.

Note: Applications are available upon request to the board office located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department of safety and professional services’ website at http://dsps.wi.gov.

(2) Verified documentary evidence of graduation from a school of podiatric medicine and surgery approved by the board and a verified photographic copy of the diploma conferring the degree of doctor of podiatric medicine or its equivalent as determined by the board granted to the applicant by the school. The board shall approve the podiatric medical schools recognized and approved at the time of the applicant’s graduation by the Council on Podiatric Medical Education of the American Podiatric Medical Association.

(3) Evidence of successful completion of the examination requirements under s. Pod 1.06.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 17-030: am. (title), (intro.), (1), cr. (3) Register January 2018 No. 745 eff. 2-1-18; CR 21-034: am. (intro.) Register April 2022 No. 796, eff. 5-1-22; CR 22-018: am. (2) Register July 2023 No. 811, eff. 8-1-23.

Wis. Admin. Code § Pod 1.04 Translation of documents {#sec-pod-1.04 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.04}

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 translation shall be borne by the applicant.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § Pod 1.06 Examinations {#sec-pod-1.06 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.06}

(1)

(a) An applicant shall complete the examination under sub. (2), and an open book examination on statutes and rules governing the practice of podiatric medicine and surgery in Wisconsin. In addition, an applicant may be required to complete an oral examination if the applicant:

1. Has a medical condition which in any way impairs or limits the applicant’s ability to practice podiatric medicine and surgery with reasonable skill and safety.

2. Uses chemical substances so as to impair in any way the applicant’s ability to practice podiatric medicine and surgery with reasonable skill and safety.

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

4. Has been found negligent in the practice of podiatric medicine or has been a party in a lawsuit in which it was alleged that the applicant had been negligent in the practice of podiatric medicine.

5. Has been convicted of a crime the circumstances of which substantially relate to the practice of podiatric medicine.

6. Has lost, had reduced or had suspended his or her hospital staff privileges, or has failed to continuously maintain hospital privileges during the applicant’s period of licensure following postgraduate training.

7. Has been graduated from a school of podiatric medicine not approved by the board.

8. Has been diagnosed as suffering from pedophilia, exhibitionism or voyeurism.

9. Has within the past 2 years engaged in the illegal use of controlled substances.

10. Has been subject to adverse formal action during the course of medical education, postgraduate training, hospital practice, or other medical employment.

11. Has not practiced podiatric medicine and surgery for a period of 6 months prior to application, unless the applicant has been graduated from a school of podiatric medicine within that period.

(b) An application filed under s. Pod 1.03 shall be reviewed by an application review panel of at least 2 board members designated by the chairperson of the board. The panel shall determine whether the applicant is eligible for a license without completing an oral examination.

(c) All examinations shall be conducted in the English language. Each examination is scored separately, and the applicant shall achieve passing scores on each examination to qualify for a license.

(2) The board shall utilize as its examination the American Podiatric Medical Licensing Examination, Parts I, II, II Clinical Skills Patient Encounter, and III. The passing scores are set by the National Board of Podiatric Medical Examiners and represent the minimum competency required to protect public health and safety. The board may accept the recommendations of the examination provider.

(3) The board may deny release of scores or issuance of a credential if the board determines that the applicant violated rules of conduct of the examination or otherwise acted dishonestly in the examination process.

(4) An applicant who has received passing grades in examinations for a license to practice podiatry conducted by another licensing jurisdiction of the United States, shall submit to the board documentary evidence. The board shall review the documentary evidence to determine whether the scope and passing grades of the examinations are substantially equivalent to those of this state at the time of the applicant’s examination. If the board finds equivalency, the board shall accept this in lieu of requiring the applicant to achieve the passing scores under sub. (2). The burden of proof of equivalency is on the applicant.

(5) The oral examination of each applicant is conducted by members of the board and is scored as pass or fail.

(6) The board shall notify each applicant found eligible for examination of the time and place scheduled for that applicant’s oral examination. Unless prior scheduling arrangements have been made with the board by the applicant, failure of an applicant to appear for examination as scheduled shall void that applicant’s application and require the applicant to reapply for licensure.

(7) Any applicant who is a graduate of a school of podiatric medicine and surgery in which English is not the primary language of communication shall be examined by the board on his or her proficiency in the English language.

(8) Otherwise qualified applicants with disabilities, as defined by the Americans with disabilities act, shall be provided with reasonable accommodations.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 17-030: am. (1) (a) (intro.), (2), (4) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § Pod 1.07 Failure and reexamination {#sec-pod-1.07 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.07}

An applicant who fails to achieve a passing grade in the examinations required under this chapter may apply for reexamination. An applicant who fails to achieve a passing grade in the examinations required under this chapter may be reexamined twice at not less than 4 month intervals. If the applicant fails to achieve a passing grade on the second reexamination, the applicant shall not be admitted to further examination until he or she reapplies for licensure and also presents to the board evidence of further professional training or education as the board may deem appropriate in each applicant’s particular case.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § Pod 1.08 Temporary educational license {#sec-pod-1.08 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.08}

(1) An applicant who has been appointed to a postgraduate training program in a facility in this state approved by the board may apply to the board for a temporary educational license to practice podiatric medicine and surgery and shall submit to the board all of the following:

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

Note: Applications are available upon request to the board office located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department of safety and professional services’ website at http://dsps.wi.gov.

(b) The documentary evidence and credentials required under ss. Pod 1.04 and 1.06.

(c) The required fees under s. 440.05 (1), Stats.

(d) Evidence of successful completion of an open book examination on statutes and rules governing the practice of podiatric medicine and surgery in Wisconsin.

(3) The holder of a temporary educational license to practice podiatric medicine and surgery may, under the direction of a person licensed to practice podiatric medicine and surgery in this state, perform services requisite to the training program in which that holder is serving. Acting under such direction, the holder of a temporary educational license shall also have the right to prescribe drugs other than controlled substances and to sign any certificates, reports or other papers for the use of public authorities which are required of or permitted to persons licensed to practice podiatric medicine and surgery. The holder of a temporary educational license shall confine his or her entire practice to the facility in which he or she is taking the training.

(4) Violation by the holder of a temporary educational license to practice podiatric medicine and surgery of any of the provisions of chs. Pod 1 to 6 or of subch. IV of ch. 448, Stats., which apply to persons licensed to practice podiatric medicine and surgery, shall be cause for the revocation of the temporary educational license.

(5) Temporary educational licenses granted under this chapter shall expire 2 years from date of issuance.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 12-047: am. (5) Register March 2014 No. 699, eff. 4-1-14; CR 17-030: renum. (2) to (1) (d) and am. Register January 2018 No. 745 eff. 2-1-18; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745.

Wis. Admin. Code § Pod 1.09 Locum tenens license {#sec-pod-1.09 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.09}

(1) An applicant who holds a valid license to practice podiatric medicine and surgery issued by another licensing jurisdiction of the United States may apply to the board for a locum tenens license to practice podiatric medicine and surgery and shall submit to the board all of the following:

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

Note: Applications are available upon request to the board office located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department of safety and professional services’ website at http://dsps.wi.gov.

(b) A letter from a podiatrist licensed to practice podiatric medicine and surgery in this state requesting the applicant’s services.

(c) A verified photostatic copy of a license to practice podiatric medicine and surgery issued by another licensing jurisdiction of the United States to the applicant.

(d) The required fees under s. 440.05 (1), Stats.

(e) Evidence of successful completion of an open book examination on statutes and rules governing the practice of podiatric medicine and surgery in Wisconsin.

(3) The application and documentary evidence submitted by the applicant shall be reviewed by the board, acting through a designated member of the board and, upon the finding of the member that the applicant is qualified, the board, acting through the designated member, shall issue a locum tenens license to practice podiatric medicine and surgery to the applicant.

(4) The holder of a locum tenens license to practice podiatric medicine and surgery shall practice podiatric medicine and surgery as defined in s. 448.60 (4), Stats., providing the practice is confined to the geographical area for which the license is issued.

(5) A locum tenens license to practice podiatric medicine and surgery shall expire 90 days from the date of its issuance. For cause shown to its satisfaction, the board, acting through its designated member, may renew the locum tenens license for additional periods of 90 days each, but no license may be renewed more than 3 consecutive times.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 06-056: am. (4) Register April 2007 No. 616, eff. 5-1-07; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 17-030: renum. (2) to (1) (e) and am. Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § Pod 1.095 Reciprocal credentials for service members, former service members, and their spouses {#sec-pod-1.095 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.095}

Notwithstanding s. Pod 1.03, a reciprocal license to practice podiatric medicine and surgery 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.

Note: Forms to apply for a reciprocal credential are available from the department of safety and professional services’ website at www.dsps.wi.gov.

History

• CR 21-034: cr. Register April 2022 No. 796, eff. 5-1-22.

Wis. Admin. Code § Pod 1.10 Temporary license {#sec-pod-1.10 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.10}

(1)

(a) An applicant for a license to practice podiatric medicine and surgery who is a graduate of a school of podiatric medicine and surgery approved by the board may apply to the board for a temporary license to practice podiatric medicine and surgery. An applicant for a temporary license shall submit to the board the documentary evidence and credentials required under s. Pod 1.04, a completed application for a temporary license, and the required fees under s. 440.05 (1), Stats.

(b) The application and information submitted under par. (a), shall be reviewed by the board through a designated member. The board, acting through the designated member, shall issue a temporary license to practice podiatric medicine and surgery if the applications and information submitted under par. (a) are satisfactory.

Note: Applications are available upon request to the board office located at 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or from the department of safety and professional services’ website at http://dsps.wi.gov.

(2)

(a) A temporary license to practice podiatric medicine and surgery granted under this section expires on the earliest of the following dates:

1. Sixty days after the next examination for a license is given by the board if the temporary licensee submits to the examination.

2. The first day the board begins its examination of applicants for a license to practice podiatric medicine and surgery after the temporary license is issued, if the temporary licensee does not submit to the examination on that date.

3. The date following the examination on which the board grants or denies the temporary licensee a license to practice podiatric medicine and surgery.

(b) A license to practice podiatric medicine and surgery is deemed denied by the board under par. (a) 3., on the date the applicant is notified that he or she has failed the examination for a license to practice podiatric medicine and surgery.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 17-030: am. (1) (a) Register January 2018 No. 745 eff. 2-1-18; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745.

Wis. Admin. Code § Pod 1.11 Examination review by applicant {#sec-pod-1.11 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.11}

(1) An applicant who fails the oral examination or statutes and rules examination may request a review of that examination by filing a written request and the required fee under s. 440.05 (1), Stats., with the board within 30 days of the date on which examination results were mailed.

(2) Examination reviews are by appointment only.

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

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

(5) An applicant shall not be accompanied during the review by any person other than the proctor.

(6) At the beginning of the review, the applicant shall be provided with a copy of the questions, a copy of the applicant’s answer sheet or oral tape and a copy of the master answer sheet.

(7) An applicant shall review the examination in the presence of a proctor. The applicant shall be provided with a form on which to write comments, questions or claims of error regarding any items in the examination. Bound reference books shall be permitted. An applicant shall not remove any notes from the area. Notes shall be retained by the proctor and made available to the applicant for use at a hearing, if desired. The proctor shall not defend the examination or attempt to refute claims of error during the review.

(8) An applicant shall not review the examination more than once.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § Pod 1.12 Board review of examination error claim {#sec-pod-1.12 omnilex-key=us-wi-regs-official--agency-pod--Pod 1.12}

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

(a) The applicant’s name and address.

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

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

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

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

(3) If the board confirms the failing status following its review, the application shall be deemed incomplete and the board shall issue a notice of denial.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Chapter Pod 2 UNPROFESSIONAL CONDUCT

Wis. Admin. Code § Pod 2.01 Definition {#sec-pod-2.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 2.01}

The term “unprofessional conduct” is defined to mean and include but not be limited to the following, or aiding or abetting the same:

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

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

(3) Knowingly making or presenting or causing to be made or presented any false, fraudulent, or forged statement, writing, certificate, diploma, or other thing in connection with any application for a license.

(4) Practicing fraud, forgery, deception, collusion, or conspiracy in connection with any examination for a license.

(5) Engaging or attempting to engage in practice under any license under any given name or surname other than that under which originally licensed or registered to practice in this or any other state. This subsection does not apply to change of name resulting from marriage, divorce, or order by a court of record.

(6) Engaging or attempting to engage in the unlawful practice of podiatric medicine and surgery or treating the sick.

(7) Any practice or conduct which tends to constitute a danger to the health, welfare, or safety of a patient or the public.

(8) Practicing or attempting to practice under any license when unable to do so with reasonable skill and safety to patients.

(9) Practicing or attempting to practice under any license beyond the scope of that license.

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

(11) Representing that a manifestly incurable disease or condition can be or will be permanently cured; or that a curable disease or condition can be cured within a stated time, if such is not the fact.

(12) Knowingly making any false statement, written or oral, in practicing under any license, with fraudulent intent; or obtaining or attempting to obtain any professional fee or compensation of any form by fraud or deceit.

(13) Willfully divulging a privileged communication or confidence entrusted by a patient or deficiencies in the character of patients observed in the course of professional attendance, unless lawfully required to do so.

(14) Engaging in uninvited, in-person solicitation of actual or potential patients who, because of their particular circumstances, are vulnerable to undue influence, or engaging in false, misleading or deceptive advertising.

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

(16) Having a license, certificate, permit, registration, or other practice credential granted by another state or by any agency of the federal government to practice medicine and surgery, which becomes limited, restricted, suspended, or revoked, or having been subject to other adverse action by the state licensing authority or by any agency of the federal government, including but not limited to the denial or limitation of an original credential, or the surrender of a credential, whether or not accompanied by findings of negligence or unprofessional conduct.

(17) Conviction of any crime which may relate to practice under any license, or of violation of any federal or state law regulating the possession, distribution, or use of controlled substances as defined in s. 961.01 (4), Stats. A certified copy of a judgment of a court of record showing such conviction, within this state or without, shall be presumptive evidence thereof.

(18) Prescribing, ordering, dispensing, administering, supplying, selling, or giving any amphetamine, sympathomimetic amine drug or compound designated as a schedule II controlled substance pursuant to the provisions of s. 961.16 (5), Stats., to or for any person except for use as an adjunct to opioid analgesic compounds for treatment of cancer-related pain.

(19) Aiding or abetting the unlicensed practice of podiatric medicine or representing that unlicensed persons practicing under supervision are licensed.

(20) Failure of a licensee whose principal place of practice is in this state to submit to the board on or before June 30 of each year evidence that the podiatrist has in effect malpractice liability insurance coverage in the amount of at least $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.

(21) Using in advertising the term “board certified” or a similar phrase of like meaning by a licensee unless certified by the American Board of Foot and Ankle Surgery or the American Board of Podiatric Medicine, and unless disclosure is made in the advertising of the complete name of the board which conferred the certification.

(22) Violating or aiding and abetting the violation of any law or administrative rule or regulation, the circumstances of which substantially relate to the circumstances of the practice of podiatric medicine and surgery.

(23) Failure by a licensee to maintain patient health care records consistent with the requirements of ch. Pod 6.

(24) Performing deceptive, misleading, or fraudulent treatment, evaluation, or medical or surgical services.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 15-075: cr. (24) Register July 2016 No. 727, eff. 8-1-16; CR 22-018: am. (21) Register July 2023 No. 811, eff. 8-1-23.

Chapter Pod 3 CONTINUING PODIATRIC MEDICAL EDUCATION

Wis. Admin. Code § Pod 3.01 Continuing podiatric medical education required; waiver {#sec-pod-3.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 3.01}

(1) Each podiatrist required to complete the biennial training requirement under s. 448.665, Stats., shall, in each second year at the time of making application for a certificate of registration as required under s. 448.665, Stats., sign a statement on the application for registration certifying that the podiatrist has completed at least 50 hours of acceptable continuing educational programs relevant to the practice of podiatric medicine within each 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a) 60., Stats.

(1m)

(a) Except as provided under par. (b), for the renewal date occurring on October 31, 2022, a minimum of 2 of the 50 hours of continuing podiatric medical education required under sub. (1) shall be an educational course or program related to opioid prescribing.

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

(2) A licensee may apply to the board for a postponement or waiver of the requirements of this chapter on the grounds of prolonged illness, disability, or other grounds constituting hardship. The board shall consider each request individually on its merits and may grant a postponement, partial waiver, or total waiver of the requirements.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 06-056: am. (1) and (2) Register April 2007 No. 616, eff. 5-1-07; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 14-053: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 20-017: cr. (1m) Register November 2021 No. 791, eff. 12-1-21.

Wis. Admin. Code § Pod 3.02 Acceptable continuing medical educational programs {#sec-pod-3.02 omnilex-key=us-wi-regs-official--agency-pod--Pod 3.02}

(1) In satisfaction of the biennial training requirement under s. Pod 3.01 (1) and s. 448.665, Stats., the board shall accept an educational program approved at the time of the podiatrist’s attendance by any of the following:

(a) The Council on Podiatric Medical Education of the American Podiatric Medical Association.

(b) The Council on Medical Education of the American Medical Association.

(c) The Council on Medical Education of the American Osteopathic Association.

(d) The Accreditation Council for Continuing Medical Education.

(e) The Wisconsin Podiatric Medical Association.

(2) An educational program provided outside the United States may be used for continuing education credit if the program is approved by the board.

(3) One hour of attendance by a podiatrist at a continuing education program is the equivalent of one hour of continuing podiatric medical education for purposes of s. Pod 3.01 (1).

(4) The board shall accept as satisfaction of the biennial training requirement under s. Pod 3.01 (1) and s. 448.665, Stats., evidence that the podiatrist graduated from a school of podiatric medicine and surgery approved by the board pursuant to s. Pod 1.03 (2), if all of the following apply:

(a) The podiatrist is, for the first time, renewing a license to practice podiatric medicine and surgery in this state.

(b) The podiatrist graduated within 2 calendar years immediately preceding the calendar year for which the application for registration was made.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 06-056: am. (1) (intro.) Register April 2007 No. 616, eff. 5-1-07; correction in (1) (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616; CR 07-103: cr. (1) (e) Register September 2008 No. 633, eff. 10-1-08; CR 12-047: cr. (4) Register March 2014 No. 699, eff. 4-1-14; CR 20-017: am (1), (4) (intro.), (a) Register November 2021 No. 791, eff. 12-1-21.

Wis. Admin. Code § Pod 3.03 Evidence of compliance {#sec-pod-3.03 omnilex-key=us-wi-regs-official--agency-pod--Pod 3.03}

(1) Certification by the providing organization or by one of the approved accrediting bodies shall be accepted by the board as evidence of attendance at and completion of a continuing medical education program.

(2) A podiatrist shall retain evidence of compliance for a minimum of 4 years from the date of completion of an educational program.

(3) A certified copy of an official transcript or a diploma shall be accepted by the board as the evidence of graduation from an approved school of podiatric medicine and surgery required under s. Pod 3.02 (4).

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 12-047: cr. (3) Register March 2014 No. 699, eff. 4-1-14; CR 20-017: am. Register November 2021 No. 791, eff. 12-1-21.

Wis. Admin. Code § Pod 3.04 Audit {#sec-pod-3.04 omnilex-key=us-wi-regs-official--agency-pod--Pod 3.04}

The board shall audit for compliance with the continuing education requirements under this chapter any licensee who is under investigation by the board for alleged misconduct.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 14-053: am. Register July 2015 No. 715, eff. 8-1-15; CR 20-017: am. Register November 2021 No. 791, eff. 12-1-21.

Chapter Pod 4 BIENNIAL REGISTRATION

Wis. Admin. Code § Pod 4.01 Registration required; method of registration {#sec-pod-4.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 4.01}

Each licensee shall register biennially with the board. Prior to November 1 of each even-numbered year the department shall mail to each licensee at his or her last known address an application form for registration. Each licensee shall complete the application form and return it with the required fee prior to November 1 of that year. The board shall notify the licensee within 30 business days of receipt of a completed registration form whether the application for registration is approved or denied.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 14-065: am. Register March 2016 No. 723, eff. 4-1-16.

Wis. Admin. Code § Pod 4.02 Registration prohibited, annulled; reregistration {#sec-pod-4.02 omnilex-key=us-wi-regs-official--agency-pod--Pod 4.02}

Any podiatrist required to comply with the provisions of s. 448.665, Stats., and of ch. Pod 3, and who has not so complied, shall not be permitted to register. Any person whose license has been suspended or revoked shall not be permitted to register, and the registration of any person shall be automatically annulled upon the effective date of the board’s order suspending or revoking the license. A person whose license has been suspended or revoked and subsequently restored shall be reregistered by the board upon receipt by the board of a completed registration form.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § Pod 4.03 Failure to be registered {#sec-pod-4.03 omnilex-key=us-wi-regs-official--agency-pod--Pod 4.03}

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

(2) Failure to renew a license by November 1 of an even-numbered year 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 and fulfillment of the continuing education requirements.

(b) If the licensee applies for renewal of the license more than 5 years after its expiration, the board shall make 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, including oral examination, as the board deems appropriate. All applicants under this paragraph shall be required to pass the open book examination on statutes and rules, which is the same examination given to initial applicants. This paragraph does not apply to licensees who have unmet disciplinary requirements or whose licenses have been surrendered or revoked.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00; CR 14-065: am. (2) (intro.) Register March 2016 No. 723, eff. 4-1-16; CR 15-076: am. (2) (b) Register July 2016 No. 727, eff. 8-1-16; CR 17-029: am. (2) (intro.), (b) Register January 2018 No. 745 eff. 2-1-18.

Wis. Admin. Code § Pod 4.04 License reinstatement {#sec-pod-4.04 omnilex-key=us-wi-regs-official--agency-pod--Pod 4.04}

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:

(1) Evidence of completion of requirements in s. Pod 4.03 (2) (b) if the licensee has not held an active Wisconsin license within the last 5 years.

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

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

History

• CR 15-076: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (1) made under s. 35.17, Stats., Register July 2016 No. 727.

Chapter Pod 5 STANDARDS FOR DISPENSING AND PRESCRIBING DRUGS

Wis. Admin. Code § Pod 5.01 Packaging {#sec-pod-5.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 5.01}

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

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § Pod 5.02 Labeling {#sec-pod-5.02 omnilex-key=us-wi-regs-official--agency-pod--Pod 5.02}

(1) A prescription drug dispensed by a practitioner 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 practitioner who prescribed the drug or device.

(d) The full name of the patient.

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

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

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

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § Pod 5.03 Recordkeeping {#sec-pod-5.03 omnilex-key=us-wi-regs-official--agency-pod--Pod 5.03}

(1) Prescription drugs.

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

(2) Controlled substances.

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

(b) Controlled substances dispensed by a practitioner shall be recorded on a separate log, in a separate bound log book in which each schedule of controlled substances dispensed is recorded separately and in chronological order with the following information:

1. The name of the substance.

2. Dosage form and strength of the substance.

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

4. Date of dispensing.

5. Quantity dispensed.

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

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Wis. Admin. Code § Pod 5.04 Prescription orders by nurses and ancillary health care personnel {#sec-pod-5.04 omnilex-key=us-wi-regs-official--agency-pod--Pod 5.04}

Prescription orders prepared by professional nurses and ancillary health care personnel, as delegated and supervised by a practitioner under s. 448.62 (2), Stats., shall contain, in addition to other information required by this chapter, the name, address and telephone number of the delegating practitioner and the name, address and signature of the person preparing the prescription order.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Chapter Pod 6 PATIENT HEALTH CARE RECORDS

Wis. Admin. Code § Pod 6.01 Minimum standards for patient health care records {#sec-pod-6.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 6.01}

(1) A podiatrist shall maintain patient health care records 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 podiatrist, and shall be sufficiently legible to allow interventions by other health care practitioners.

History

• Cr. Register, January, 2000, No. 529, eff. 2-1-00.

Chapter Pod 7 PODIATRIC X-RAY ASSISTANT

Wis. Admin. Code § Pod 7.01 Podiatric x-ray assistant under direct supervision of a podiatrist {#sec-pod-7.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 7.01}

A podiatric physician may not delegate x-ray tasks to an unlicensed person unless the delegate has successfully completed a course of instruction for podiatric x-ray assistants approved by the board. A course of instruction for podiatric x-ray assistants is approved by the board if all of the following are true:

(1) The instructor is a physician, podiatrist, or radiographer whose license to practice in Wisconsin is current and unlimited.

(2) The program consists of at least 8 hours of instruction and a written examination. The written examination shall test a podiatric x-ray assistant’s knowledge and understanding of the required course of instruction.

(3) The course of instruction addresses; and attendees demonstrate knowledge and understanding of, all the following topics:

(a) Terminology.

(b) Science of radiation in x-rays.

(c) Radiation exposure and monitoring including dose limits for exposure to ionizing radiation.

(d) Health risks of radiation exposure.

(e) Safety techniques to reduce radiation exposure to staff and patients as low as reasonably achievable (ALARA).

(f) Anatomy and function of foot and leg.

(g) Positioning for podiatric x-rays.

(h) Equipment operation technique and quality control, including analog and digital.

(i) Infection control.

(j) Legal and ethical issues.

(4) A podiatric physician who uses the services of a podiatric x-ray assistant shall keep at each practice site a copy of documentation that the podiatric x-ray assistant satisfactorily completed a course of instruction that meets the requirements set out above.

(5) Podiatric x-ray assistants must demonstrate every 10 years that they are competent to perform delegated x-ray tasks by successfully completing 8 hours of course instruction outlined in this chapter and successfully completing a written examination.

(6) Podiatric x-ray assistants who have taken the podiatric x-ray assistant course offering by the Wisconsin society of podiatric medicine between January 1, 2010 and December 31, 2013 have met the requirement of this section.

History

• CR 13-110: cr. Register August 2014 No. 704, eff. 9-1-14; correction in (6) made under s. 13.92 (4) (b) 1., Stats., Register August 2014 No. 704, eff. 9-1-14.

Chapter Pod 8 INFORMED CONSENT

Wis. Admin. Code § Pod 8.01 Authority and purpose {#sec-pod-8.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 8.01}

(1) Authority. The rules in this chapter adopted pursuant to the authority delegated in ss. 15.085 (5) (b), 227.11 (2) (a), and 448.695 (1) (b), Stats.

(2) Purpose. The purpose of the rules is to set forth the obligation of a podiatrist to communicate alternate modes of treatment to a patient.

History

• CR 15-076: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § Pod 8.02 Informed consent {#sec-pod-8.02 omnilex-key=us-wi-regs-official--agency-pod--Pod 8.02}

Any podiatrist 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 podiatrist standard is the standard for informing a patient under this section. The reasonable podiatrist standard requires disclosure only of information that a reasonable podiatrist would know and disclose under the circumstances.

History

• CR 15-076: cr. Register July 2016 No. 727, eff. 8-1-16.

Wis. Admin. Code § Pod 8.03 Exceptions to communication of alternate modes of treatment {#sec-pod-8.03 omnilex-key=us-wi-regs-official--agency-pod--Pod 8.03}

The podiatrist’s duty to inform the patient under this chapter 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 podiatrist has not included in his or her diagnosis at the time the podiatrist informs the patient.

History

• CR 15-076: cr. Register July 2016 No. 727, eff. 8-1-16; correction in (intro.) made under s. 13.92 (4) (b) 7. Register July 2016 No. 727.

Wis. Admin. Code § Pod 8.04 Recordkeeping {#sec-pod-8.04 omnilex-key=us-wi-regs-official--agency-pod--Pod 8.04}

A podiatrist’s patient record shall include documentation that alternate modes of treatment have been communicated to the patient and informed consent has been obtained from the patient as required under s. Pod 6.01.

History

• CR 15-076: cr. Register July 2016 No. 727, eff. 8-1-16.

Chapter Pod 9 PHYSICIAN ASSISTANTS

Wis. Admin. Code § Pod 9.01 Authority and scope {#sec-pod-9.01 omnilex-key=us-wi-regs-official--agency-pod--Pod 9.01}

The rules in this chapter are adopted by the podiatry affiliated credentialing board pursuant to the authority delegated by ss. 15.085 (5) (b) and 448.695 (2) and (4), Stats., and establish practice standards for a physician assistant practicing podiatry as provided in s. 448.21 (4), Stats., and requirements for a podiatrist who is supervising a physician assistant as provided in s. 448.21 (4), Stats.

History

• CR 20-040: cr. Register November 2021 No. 791, eff. 12-1-21.

Wis. Admin. Code § Pod 9.02 Definition {#sec-pod-9.02 omnilex-key=us-wi-regs-official--agency-pod--Pod 9.02}

In this chapter, “nonsurgical patient services” means assisting in surgery, making patient rounds, recording patient progress notes, compiling and recording detailed narrative case summaries, writing orders, and other actions and procedures in accordance with s. Med 8.07 and the education, training, experience, and credentialing of the physician assistant.

History

• CR 20-040: cr. Register November 2021 No. 791, eff. 12-1-21.

Wis. Admin. Code § Pod 9.03 Practice standards for a physician assistant practicing podiatry {#sec-pod-9.03 omnilex-key=us-wi-regs-official--agency-pod--Pod 9.03}

The practice standards for a physician assistant practicing podiatry are as provided under s. 448.21, Stats., and ss. Med 8.01 (2), 8.07, 8.09, and 8.10. The medical care a physician assistant may provide when practicing podiatry includes assisting a supervising podiatrist in a hospital or facility, as defined in s. 50.01 (1m), Stats., by providing nonsurgical patient services.

History

• CR 20-040: cr. Register November 2021 No. 791, eff. 12-1-21.

Wis. Admin. Code § Pod 9.04 Requirements for a podiatrist supervising a physician assistant {#sec-pod-9.04 omnilex-key=us-wi-regs-official--agency-pod--Pod 9.04}

The requirements for a podiatrist who is supervising a physician assistant are as provided under s. 448.21, Stats., and ss. Med 8.01 (2), 8.07, 8.09, and 8.10.

History

• CR 20-040: cr. Register November 2021 No. 791, eff. 12-1-21.