LRB-1132/2
CTS:kjf:nwn
2007 - 2008 LEGISLATURE
October 16, 2007 - Introduced by Representatives Wieckert, Soletski, Strachota,
Newcomer, Nygren, F. Lasee, Nelson, Davis, Moulton, Albers, Jeskewitz,
Musser, Kaufert, Pridemore, Van Roy, Owens, A. Ott
and Nerison,
cosponsored by Senators Sullivan, Schultz, S. Fitzgerald and Darling.
Referred to Committee on Health and Healthcare Reform.
AB545,1,9 1An Act to renumber and amend 15.406 (1) and 448.50 (1); and to amend 15.08
2(1m) (b), 15.085 (1m) (b), 50.39 (3), 180.1901 (1m) (bg), subchapter III (title) of
3chapter 448 [precedes s. 448.50], 448.50 (3), 448.50 (3m), 448.527, 448.53 (1)
4(intro.), (c), (d) and (f), 448.53 (1) (c), 448.53 (1) (d), 448.53 (1) (f), 448.53 (2),
5448.53 (3) (intro.), 448.535 (1) (intro.), (c) and (d), 448.535 (1) (c), 448.535 (1) (d),
6448.535 (2), 448.54 (1), 448.54 (3), 448.55 (3), 448.56 (1), 448.56 (1m) (b), 448.56
7(6), 448.565, 448.567, 448.57 (1), 448.57 (2) (intro.), 448.57 (3) (a), 448.57 (3) (b),
8448.57 (4), 448.57 (5), 448.58 and 655.45 (1) of the statutes; relating to: the
9Physical Therapists Affiliated Credentialing Board.
Analysis by the Legislative Reference Bureau
Under current law, physical therapists and physical therapist assistants are
licensed by the Physical Therapists Affiliated Credentialing Board. An affiliated
credentialing board is a body that is attached to an examining board to regulate a
profession that does not practice independently of, or that practices in collaboration
with, the profession regulated by the examining board.
The Physical Therapists Affiliated Credentialing Board is attached to the
Medical Examining Board and, with the advice of the Medical Examining Board, sets

standards of professional competence and conduct for physical therapists and
physical therapist assistants, assesses qualifications and grants credentials, and
takes disciplinary actions.
This bill changes the Physical Therapists Affiliated Credentialing Board to the
Physical Therapy Examining Board. Except that the board will no longer be
attached to, or be advised by, the Medical Examining Board, the Physical Therapy
Examining Board's duties and responsibilities remain the same under the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB545, s. 1 1Section 1. 15.08 (1m) (b) of the statutes is amended to read:
AB545,2,112 15.08 (1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board, the medical
4examining board, the physical therapy examining board, perfusionists examining
5council, respiratory care practitioners examining council and council on physician
6assistants, the board of nursing, the nursing home administrator examining board,
7the veterinary examining board, the optometry examining board, the pharmacy
8examining board, the marriage and family therapy, professional counseling, and
9social work examining board, and the psychology examining board shall not be
10engaged in any profession or occupation concerned with the delivery of physical or
11mental health care.
AB545, s. 2 12Section 2. 15.085 (1m) (b) of the statutes is amended to read:
AB545,2,1613 15.085 (1m) (b) The public members of the physical therapists affiliated
14credentialing board,
podiatrists affiliated credentialing board or occupational
15therapists affiliated credentialing board shall not be engaged in any profession or
16occupation concerned with the delivery of physical or mental health care.
AB545, s. 3 17Section 3. 15.406 (1) of the statutes is renumbered 15.405 (7r), and 15.405 (7r)
18(intro.), as renumbered, is amended to read:
AB545,3,5
115.405 (7r) (intro.) Physical therapists affiliated credentialing therapy
2examining
board. There is created in the department of regulation and licensing,
3attached to the medical examining board,
a physical therapists affiliated
4credentialing
therapy examining board consisting of the following members
5appointed for staggered 4-year terms:
AB545, s. 4 6Section 4. 50.39 (3) of the statutes is amended to read:
AB545,3,157 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and
8252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional
9institutions governed by the department of corrections under s. 301.02, and the
10offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448
11are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights
12of the medical examining board, physical therapists affiliated credentialing therapy
13examining
board, podiatrists affiliated credentialing board, dentistry examining
14board, pharmacy examining board, chiropractic examining board, and board of
15nursing in carrying out their statutory duties and responsibilities.
AB545, s. 5 16Section 5. 180.1901 (1m) (bg) of the statutes is amended to read:
AB545,3,1817 180.1901 (1m) (bg) Physical therapists affiliated credentialing therapy
18examining
board under subch. III of ch. 448.
AB545, s. 6 19Section 6. Subchapter III (title) of chapter 448 [precedes s. 448.50] of the
20statutes is amended to read:
AB545,3,2121 chapter 448
AB545,3,2422 subchapter III
23 physical therapists affiliated
24 credentialing
therapy examining board
AB545, s. 7
1Section 7. 448.50 (1) of the statutes is renumbered 448.50 (1v) and amended
2to read:
AB545,4,43 448.50 (1v) "Affiliated credentialing Examining board" means the physical
4therapists affiliated credentialing therapy examining board.
AB545, s. 8 5Section 8. 448.50 (3) of the statutes is amended to read:
AB545,4,86 448.50 (3) "Physical therapist" means an individual who has been graduated
7from a school of physical therapy and holds a license to practice physical therapy
8granted by the affiliated credentialing examining board.
AB545, s. 9 9Section 9. 448.50 (3m) of the statutes is amended to read:
AB545,4,1210 448.50 (3m) "Physical therapist assistant" means an individual who holds a
11license as a physical therapist assistant granted by the affiliated credentialing
12examining board.
AB545, s. 10 13Section 10. 448.527 of the statutes is amended to read:
AB545,4,16 14448.527 Code of ethics. The affiliated credentialing examining board shall
15promulgate rules establishing a code of ethics governing the professional conduct of
16physical therapists and physical therapist assistants.
AB545, s. 11 17Section 11. 448.53 (1) (intro.), (c), (d) and (f) of the statutes are amended to
18read:
AB545,4,2019 448.53 (1) (intro.) The affiliated credentialing examining board shall grant a
20license as a physical therapist to a person who does all of the following:
AB545,4,2321 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory
22to the affiliated credentialing examining board that the applicant does not have an
23arrest or conviction record.
AB545,5,224 (d) Submits evidence satisfactory to the affiliated credentialing examining
25board that the applicant is a graduate of a school of physical therapy approved by the

1affiliated credentialing examining board, unless the affiliated credentialing
2examining board waives this requirement under sub. (3).
AB545,5,63 (f) If the person was educated at a physical therapy school that is not in the
4United States, the person satisfies any additional requirements for demonstrating
5competence to practice physical therapy that the affiliated credentialing examining
6board may establish by rule.
AB545, s. 12 7Section 12. 448.53 (1) (c) of the statutes is amended to read:
AB545,5,108 448.53 (1) (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence
9satisfactory to the affiliated credentialing examining board that the applicant does
10not have an arrest or conviction record.
AB545, s. 13 11Section 13. 448.53 (1) (d) of the statutes is amended to read:
AB545,5,1512 448.53 (1) (d) Submits evidence satisfactory to the affiliated credentialing
13examining board that the applicant is a graduate of a school of physical therapy
14approved by the affiliated credentialing examining board, unless the affiliated
15credentialing
examining board waives this requirement under sub. (3).
AB545, s. 14 16Section 14. 448.53 (1) (f) of the statutes is amended to read:
AB545,5,2017 448.53 (1) (f) If the person was educated at a physical therapy school that is not
18in the United States, the person satisfies any additional requirements for
19demonstrating competence to practice physical therapy that the affiliated
20credentialing
examining board may establish by rule.
AB545, s. 15 21Section 15. 448.53 (2) of the statutes is amended to read:
AB545,5,2322 448.53 (2) The affiliated credentialing examining board may promulgate rules
23providing for various classes of temporary licenses to practice physical therapy.
AB545, s. 16 24Section 16. 448.53 (3) (intro.) of the statutes is amended to read:
AB545,6,3
1448.53 (3) (intro.) The affiliated credentialing examining board may waive the
2requirement under sub. (1) (d) for an applicant who establishes, to the satisfaction
3of the affiliated credentialing examining board, all of the following:
AB545, s. 17 4Section 17. 448.535 (1) (intro.), (c) and (d) of the statutes are amended to read:
AB545,6,65 448.535 (1) (intro.) The affiliated credentialing examining board shall grant a
6license as a physical therapist assistant to a person who does all of the following:
AB545,6,97 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory
8to the affiliated credentialing examining board that the applicant does not have an
9arrest or conviction record.
AB545,6,1310 (d) Submits evidence satisfactory to the affiliated credentialing examining
11board that the applicant is a graduate of a physical therapist assistant educational
12program accredited by an agency that is approved by the affiliated credentialing
13examining board.
AB545, s. 18 14Section 18. 448.535 (1) (c) of the statutes is amended to read:
AB545,6,1715 448.535 (1) (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence
16satisfactory to the affiliated credentialing examining board that the applicant does
17not have an arrest or conviction record.
AB545, s. 19 18Section 19. 448.535 (1) (d) of the statutes is amended to read:
AB545,6,2219 448.535 (1) (d) Submits evidence satisfactory to the affiliated credentialing
20examining board that the applicant is a graduate of a physical therapist assistant
21educational program accredited by an agency that is approved by the affiliated
22credentialing
examining board.
AB545, s. 20 23Section 20. 448.535 (2) of the statutes is amended to read:
AB545,7,524 448.535 (2) The affiliated credentialing examining board may waive a
25requirement under sub. (1) (d) or (e), or both, for an applicant who establishes to the

1satisfaction of the affiliated credentialing examining board that he or she is licensed
2as a physical therapist assistant by another licensing jurisdiction in the United
3States. The affiliated credentialing examining board shall promulgate rules for
4granting a waiver under this subsection. The rules may require an applicant to
5satisfy additional requirements as a condition for granting a waiver.
AB545, s. 21 6Section 21. 448.54 (1) of the statutes is amended to read:
AB545,7,107 448.54 (1) The affiliated credentialing examining board shall conduct or
8arrange for examinations for physical therapist and physical therapist assistant
9licensure at least semiannually and at times and places determined by the affiliated
10credentialing
examining board.
AB545, s. 22 11Section 22. 448.54 (3) of the statutes is amended to read:
AB545,7,1812 448.54 (3) Notwithstanding s. 448.53 (1) (f), the affiliated credentialing
13examining board may not require an applicant for physical therapist licensure to
14take an oral examination or an examination to test proficiency in the English
15language for the sole reason that the applicant was educated at a physical therapy
16school that is not in the United States if the applicant establishes, to the satisfaction
17of the affiliated credentialing examining board, that he or she satisfies the
18requirements under s. 448.53 (3).
AB545, s. 23 19Section 23. 448.55 (3) of the statutes is amended to read:
AB545,7,2220 448.55 (3) The affiliated credentialing examining board shall promulgate rules
21that require an applicant for renewal of a license to demonstrate continued
22competence as a physical therapist or physical therapist assistant.
AB545, s. 24 23Section 24. 448.56 (1) of the statutes is amended to read:
AB545,8,1224 448.56 (1) Written referral. Except as provided in this subsection and s.
25448.52, a person may practice physical therapy only upon the written referral of a

1physician, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber
2certified under s. 441.16 (2). Written referral is not required if a physical therapist
3provides services in schools to children with disabilities, as defined in s. 115.76 (5),
4pursuant to rules promulgated by the department of public instruction; provides
5services as part of a home health care agency; provides services to a patient in a
6nursing home pursuant to the patient's plan of care; provides services related to
7athletic activities, conditioning, or injury prevention; or provides services to an
8individual for a previously diagnosed medical condition after informing the
9individual's physician, chiropractor, dentist, podiatrist, or advanced practice nurse
10prescriber certified under s. 441.16 (2) who made the diagnosis. The affiliated
11credentialing
examining board may promulgate rules establishing additional
12services that are excepted from the written referral requirements of this subsection.
AB545, s. 25 13Section 25. 448.56 (1m) (b) of the statutes is amended to read:
AB545,8,1814 448.56 (1m) (b) The affiliated credentialing examining board shall promulgate
15rules establishing the requirements that a physical therapist must satisfy if a
16physician, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber
17makes a written referral under sub. (1). The purpose of the rules shall be to ensure
18continuity of care between the physical therapist and the health care practitioner.
AB545, s. 26 19Section 26. 448.56 (6) of the statutes is amended to read:
AB545,8,2520 448.56 (6) Physical therapist assistants. A physical therapist assistant may
21assist a physical therapist in the practice of physical therapy if the physical therapist
22provides direct or general supervision of the physical therapist assistant. The
23affiliated credentialing examining board shall promulgate rules defining "direct or
24general supervision" for purposes of this subsection. Nothing in this subsection
25interferes with delegation authority under any other provision of this chapter.
AB545, s. 27
1Section 27. 448.565 of the statutes is amended to read:
AB545,9,4 2448.565 Complaints. The affiliated credentialing examining board shall
3promulgate rules establishing procedures and requirements for filing complaints
4against licensees and shall publicize the procedures and requirements.
AB545, s. 28 5Section 28. 448.567 of the statutes is amended to read:
AB545,9,9 6448.567 Performance audits. The affiliated credentialing examining board
7shall promulgate rules that require the affiliated credentialing examining board on
8a periodic basis to conduct performance self-audits of its activities under this
9subchapter.
AB545, s. 29 10Section 29. 448.57 (1) of the statutes is amended to read:
AB545,9,1411 448.57 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated
12credentialing
examining board may make investigations and conduct hearings to
13determine whether a violation of this subchapter or any rule promulgated under this
14subchapter has occurred.
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