Wisconsin Statutes
Wis. Stat. § 448.01 (2026)
Definitions
✓ current as of July 2026
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448.01(2)(2) “Disease” means any pain, injury, deformity or physical or mental illness or departure from complete health or the proper condition of the human body or any of its parts.
448.01(3)(3) “International medical program” means any medical school, residency program, medical internship program, or other program that is approved by the Educational Commission for Foreign Medical Graduates or provides individuals with a medical education or training outside the United States that is substantially similar to the training required to qualify to practice medicine and surgery in this state.
448.01(5)(5) “Physician” means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board. This subsection does not apply in s. 448.980.
448.01(9)(a)(a) To examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same, by any means or instrumentality.
448.01(9)(b)(b) To apply principles or techniques of medical sciences in the diagnosis or prevention of any of the conditions described in par. (a) and in sub. (2).
448.01(9)(d)(d) To offer, undertake, attempt or do or hold oneself out in any manner as able to do any of the acts described in this subsection.
448.01(9s)(9s) “Scene of an emergency” means an area not within the confines of a hospital or other institution which has hospital facilities or the office of a person licensed, certified or holding a compact privilege or limited permit under this chapter.
448.01(10)(10) “Treat the sick” means to examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same, or to undertake, offer, advertise, announce or hold out in any manner to do any of the aforementioned acts, for compensation, direct or indirect, or in the expectation thereof.
448.01(12)(12) “Warn” means to privately apprise the holder of a license, certificate, or compact privilege of the unprofessional nature of the holder’s conduct and admonish the holder that continued or repeated conduct of such nature may give the medical examining board or an attached affiliated credentialing board cause to reprimand the holder or to limit, suspend or revoke such license, certificate, or compact privilege.
448.01 HistoryHistory: 1975 c. 383, 421; 1977 c. 418 ss. 845, 846, 929 (41); 1985 a. 146; 1987 a. 399; 1989 a. 229; 1993 a. 105, 107; 1995 a. 448; 1997 a. 67, 175 ss. 16 to 26, 40, 41; 1999 a. 32, 180; 2015 a. 116; 2017 a. 227; 2019 a. 49 s. 1; 2021 a. 23; 2023 a. 214; 2025 a. 76.
448.01 NoteNOTE: Ch. 383, laws of 1975, which repealed and recreated this chapter, contains a statement of legislative policy in section 1.
448.01 AnnotationA physician, subject to certain limitations, may advise a patient whether or not continued chiropractic care is necessary without engaging in the unauthorized practice of chiropractic. 68 Atty. Gen. 316.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 1986–2024 · leading case: Mazurek v. Armstrong, 520 U.S. 968 (1997).
Mazurek v. Armstrong, 520 U.S. 968 (1997). “1997); Wis. Stat. § 448.01 (5) (1988); id., § 940.”
Christmas v. Dr. Donald W. Hugar, Ltd., 949 N.E.2d 675 (Ill. App. Ct. 2011). “Wojciehoski was licensed in Wisconsin as a physician and Wisconsin allows licensed physicians to engage in podiatric medicine as part of their practices (see Wis. Stat. § 448.01 (5), (9) (2006)), then Dr.”
Kerkman v. Hintz, 418 N.W.2d 795 (Wis. 1988). “*415 Section 448.01(10), Stats. (1981-82), pertaining to medical practices, provided that to "[t]reat the sick” meant "to examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same.”
Olson v. Connerly, 445 N.W.2d 706 (Wis. Ct. App. 1989). “" [2] Section 448.01(9)(a), Stats., defines "Practice of medicine and surgery" for the purposes of licensing and regulation of medical practices as follows: (a) To examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for…”
State of Wisconsin, Dep't of Health & Soc. Servs., Plaintiff v. Otis R. Bowen, Sec'y of Health & Human Servs., 797 F.2d 391 (7th Cir. 1986). “, Wis. Stat. § 448.01 (9) (“Practice of medicine and surgery means: (a) to examine into the fact, condition, or cause of human health or disease, or to treat, operate, prescribe, or advise for the same, by any means or instrumentality.”
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2004 WI App 91 (Wis. Ct. App. 2004). “§ 448.01(5), as material here, defines a "physician" as a person "possessing the degree of doctor of medicine .”
Galang v. State Med. Examining Bd., 484 N.W.2d 375 (Wis. Ct. App. 1992). “"Unprofessional conduct" is defined by sec. 448.01(11), Stats., as "those acts or attempted acts of commission or omission defined as unprofessional conduct by the board.”
Melissa A. Hubbard v. Carol J. Neuman, MD, 2024 WI App 22 (Wis. Ct. App. 2024). “We also note that a similar term—“treat the sick”—is given a broad definition in ch.”
Est. of Makos Ex Rel. Makos v. Wisconsin Masons Health Care Fund, 564 N.W.2d 662 (Wis. 1997). “" Wis. Stat. § 448.01 (9)(a). Accordingly, it can safely be said that the legislature does distinguish the terms, and uses the term "treatment" when it means treatment, not diagnosis.”
J. C. v. R. S. (Wis. Ct. App. 2023). “The definition of physician in § 448.01(5) does not include a physician’s assistant.”
Christmas v. Hugar (Ill. App. Ct. 2011). “Wojchiehoski was licensed in Wisconsin as a physician and Wisconsin allows licensed physicians to engage in podiatric medicine as part of their practices (see Wis. Stat. § 448.01 (5), (9) (2006)), then Dr.”
— Wis. Stat. § 448.01(10) — 2 cases
Kerkman v. Hintz, 418 N.W.2d 795 (Wis. 1988). “*415 Section 448.01(10), Stats. (1981-82), pertaining to medical practices, provided that to "[t]reat the sick” meant "to examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for the same.”
Melissa A. Hubbard v. Carol J. Neuman, MD, 2024 WI App 22 (Wis. Ct. App. 2024). “We also note that a similar term—“treat the sick”—is given a broad definition in ch.”
— Wis. Stat. § 448.01(11) — 1 case
Galang v. State Med. Examining Bd., 484 N.W.2d 375 (Wis. Ct. App. 1992). “"Unprofessional conduct" is defined by sec. 448.01(11), Stats., as "those acts or attempted acts of commission or omission defined as unprofessional conduct by the board.”
— Wis. Stat. § 448.01(5) — 2 cases
Phelps v. Physicians Ins. Co. of Wisconsin, Inc., 2004 WI App 91 (Wis. Ct. App. 2004). “§ 448.01(5), as material here, defines a "physician" as a person "possessing the degree of doctor of medicine .”
J. C. v. R. S. (Wis. Ct. App. 2023). “The definition of physician in § 448.01(5) does not include a physician’s assistant.”
— Wis. Stat. § 448.01(8) — 1 case
Est. of Makos Ex Rel. Makos v. Wisconsin Masons Health Care Fund, 564 N.W.2d 662 (Wis. 1997). “" Wis. Stat. § 448.01 (9)(a). Accordingly, it can safely be said that the legislature does distinguish the terms, and uses the term "treatment" when it means treatment, not diagnosis.”
— Wis. Stat. § 448.01(9) — 1 case
Est. of Makos Ex Rel. Makos v. Wisconsin Masons Health Care Fund, 564 N.W.2d 662 (Wis. 1997). “" Wis. Stat. § 448.01 (9)(a). Accordingly, it can safely be said that the legislature does distinguish the terms, and uses the term "treatment" when it means treatment, not diagnosis.”
— Wis. Stat. § 448.01(9)(a) — 1 case
Olson v. Connerly, 445 N.W.2d 706 (Wis. Ct. App. 1989). “" [2] Section 448.01(9)(a), Stats., defines "Practice of medicine and surgery" for the purposes of licensing and regulation of medical practices as follows: (a) To examine into the fact, condition or cause of human health or disease, or to treat, operate, prescribe or advise for…”
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