AB567: Bill Text

AB567,11,7 455.09 (3) (a) A revoked license may not be renewed. One Except as provided in sub. (1g), one year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee.

AB567, s. 19 Section 19. 455.09 (3) (b) of the statutes is created to read:

AB567,11,18 455.09 (3) (b) If a license is revoked under sub. (1g), the examining board shall mail a written notice of any hearing that the examining board holds on the application for reinstatement to a patient or client whose complaint formed a basis for the conviction and to the office of the district attorney that handled the prosecution of the licensee, if they can be found. The notice shall be mailed at least 2 weeks before the hearing. The notice shall inform the person or office notified of the manner in which the person or office may provide written statements to the examining board concerning the application for reinstatement. The examining board shall give consideration to any written statements provided by the person or district attorney's office and received on or before the date specified in the notice.

AB567, s. 20 Section 20. 457.02 (3m) of the statutes is created to read:

AB567,11,24 457.02 (3m) Restrict any individual whose certificate is revoked under s. 457.26 (3) (a) from working solely as a researcher in any area of practice regulated under this chapter or solely as an administrator of an institution that provides training or services or conducts research in an area of practice regulated under this chapter.

AB567, s. 21 Section 21. 457.035 of the statutes is created to read:

AB567,12,9 457.035 Information on sexual exploitation by licensees. (1) The examining board shall publish an informational brochure about sexual exploitation by an individual certified under this chapter. The brochure shall be made available to all applicants for certificates and all certificate holders under this chapter and to a patient or client who complains to the examining board or another authority about sexual exploitation by a certificate holder. The brochure shall be developed by the examining board in consultation with the board of nursing, the medical examining board, the psychology examining board, and the coalition for ethics in professional relationships.

AB567,12,11 (2) The brochure prepared under sub. (1) shall include all of the following information:

AB567,12,12 (a) A legal and an informal definition of sexual exploitation by a therapist.

AB567,12,14 (b) A brief description of common personal reactions and histories of a victim of sexual exploitation.

AB567,12,15 (c) A patient's or client's bill of rights.

AB567,12,17 (d) A list of the options for reporting sexual exploitation and instructions for each option.

AB567,12,19 (e) A full description of administrative, civil, criminal and professional association complaint procedures.

AB567,12,21 (f) A description of services available for the support of a victim of sexual exploitation.

AB567, s. 22 Section 22. 457.25 (4) of the statutes is amended to read:

AB567,13,5 457.25 (4) Any circuit court that appoints a guardian of the person or estate of a certificate holder or makes a judgment or other determination that a certificate holder is mentally ill or mentally incompetent or, that a certificate holder has done any of the acts enumerated in s. 457.26 (2) or that a certificate holder has been convicted of an offense specified under s. 457.26 (3) shall submit a written report of the appointment, judgment or determination to the appropriate section of the examining board within 30 days after the date on which the appointment, judgment or determination is made.

AB567, s. 23 Section 23. 457.26 (3) of the statutes is created to read:

AB567,13,12 457.26 (3) (a) If a certificate holder is convicted under s. 940.22 (2) and the certificate holder has no previous convictions under that section, the appropriate section of the examining board shall revoke his or her certificate for 3 years. If the certificate holder is convicted under s. 940.22 (2) and has a previous conviction under that section, the appropriate section of the examining board shall revoke his or her certificate permanently.

AB567,13,20 (b) The appropriate section of the examining board may not reinstate the certificate of a certificate holder whose certificate has been revoked under par. (a) and who is eligible for reinstatement of his or her certificate unless the certificate holder has submitted evidence satisfactory to the appropriate section of the examining board that he or she has been evaluated for the need for treatment by, and has completed any recommended treatment with, a person or facility that the appropriate section of the examining board considers qualified and appropriate to evaluate and treat the certificate holder.

AB567,14,3 (c) In any proceeding for revocation under par. (a), the appropriate section of the examining board shall allow a patient or client who has an interest in the proceeding, or the patient's or client's designated representative, to attend all hearings held by that section of the examining board concerning the proceeding. That section of the examining board shall give notice of the hearing to the patient, client or designated representative by mailing a written statement informing the patient, client or designated representative of the time, place and nature of the hearing. The notice shall be mailed at least 10 days before the date of the hearing.

AB567,14,7 (d) The appropriate section of the examining board shall maintain a record of a complaint that a certificate holder violated s. 940.22 (2) and of any proceedings under this section based on that complaint for 10 years after the date on which the complaint is received.

AB567, s. 24 Section 24. 457.26 (4) of the statutes is created to read:

AB567,14,16 457.26 (4) The appropriate section of the examining board shall notify a patient or client who has an interest in a proceeding under this section, or the patient's or client's designated representative, as soon as reasonably practical after that section of the examining board makes a final decision on whether to suspend, limit or revoke a certificate or reprimand a certificate holder. That section of the examining board shall notify the patient, client or designated representative of that section's final decision under this subsection, by telephone and by a written statement mailed to the patient, client or designated representative.

AB567, s. 25 Section 25. 457.26 (5) of the statutes is created to read:

AB567,15,4 457.26 (5) If a certificate is revoked under sub. (3) (a), and the certificate holder applies for reinstatement of the certificate, the appropriate section of the examining board shall mail a written notice of any hearing which that section of the examining board holds on the application for reinstatement to a patient or client whose complaint formed a basis for the conviction and to the office of the district attorney that handled the prosecution of the certificate holder, if they can be found. The notice shall be mailed at least 2 weeks before the hearing. The notice shall inform the person or office notified of the manner in which the person or office may provide written statements to that section of the examining board concerning the application for reinstatement. That section of the examining board shall give consideration to any written statements provided by the person or office and received on or before the date specified in the notice.

AB567, s. 26 Section 26. 940.22 (3) (e) of the statutes is created to read:

AB567,15,10 940.22 (3) (e) The department or any examining board, affiliated credentialing board or board in the department or a district attorney's office that receives a report under par. (b) 1 or 2 shall maintain a record of the report for 10 years after the date on which the report is received, unless a longer period is required under s. 978.07 (1) (a) to (c).

AB567, s. 27 Section 27. 978.07 (1) (d) of the statutes is amended to read:

AB567,15,14 978.07 (1) (d) Any Except as provided in s. 940.22 (3) (e), any other district attorney record not included under pars. (a) to (c) made or received in connection with a transaction as evidence of a district attorney's activities or functions, after 6 years.

AB567, s. 28 Section 28. Initial applicability.

AB567,15,19 (1)  The treatment of sections 441.07 (1d), 448.02 (3g), 455.09 (1g) and 457.26 (3) of the statutes first applies to offenses occurring on the effective date of this subsection, but does not preclude the counting of other convictions as prior convictions for purposes of permanently revoking a person's professional credential.

AB567,15,20 (End)