AB275: Bill Text

LRB-2719/1

CTS:kjf:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 275

May 19, 2009 - Introduced by Representatives Bernard Schaber, Berceau, Black, Danou, Davis, Gunderson, Hilgenberg, Kaufert, Mason, Milroy, Molepske Jr., Nerison, Newcomer, A. Ott, Pasch, Richards, Seidel, Soletski, Townsend, Van Roy, M. Williams, Zepnick and Ziegelbauer, cosponsored by Senators Robson, Coggs, Darling, S. Fitzgerald, Holperin and Taylor. Referred to Committee on Health and Healthcare Reform.

AB275,1,9 An Act to renumber and amend 15.406 (1) and 448.50 (1); and to amend 15.08 (1m) (b), 15.085 (1m) (b), 50.39 (3), 180.1901 (1m) (bg), subchapter III (title) of chapter 448 [precedes s. 448.50], 448.50 (3), 448.50 (3m), 448.527, 448.53 (1) (intro.), (c), (d) and (f), 448.53 (1) (c), 448.53 (1) (d), 448.53 (1) (f), 448.53 (2), 448.53 (3) (intro.), 448.535 (1) (intro.), (c) and (d), 448.535 (1) (c), 448.535 (1) (d), 448.535 (2), 448.54 (1), 448.54 (3), 448.55 (3), 448.56 (1), 448.56 (1m) (b), 448.56 (6), 448.565, 448.567, 448.57 (1), 448.57 (2) (intro.), 448.57 (3) (a), 448.57 (3) (b), 448.57 (4), 448.57 (5), 448.58 and 655.45 (1) of the statutes; relating to: the Physical 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:

AB275, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB275,2,11 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, the physical therapy examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB275, s. 2 Section 2. 15.085 (1m) (b) of the statutes is amended to read:

AB275,2,16 15.085 (1m) (b) The public members of the physical therapists affiliated credentialing board, podiatrists affiliated credentialing board or occupational therapists affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB275, s. 3 Section 3. 15.406 (1) of the statutes is renumbered 15.405 (7r), and 15.405 (7r) (intro.), as renumbered, is amended to read:

AB275,3,5 15.405 (7r) (intro.) Physical therapists affiliated credentialing therapy examining board. There is created in the department of regulation and licensing, attached to the medical examining board, a physical therapists affiliated credentialing therapy examining board consisting of the following members appointed for staggered 4-year terms:

AB275, s. 4 Section 4. 50.39 (3) of the statutes is amended to read:

AB275,3,15 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing therapy examining board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

AB275, s. 5 Section 5. 180.1901 (1m) (bg) of the statutes is amended to read:

AB275,3,18 180.1901 (1m) (bg) Physical therapists affiliated credentialing therapy examining board under subch. III of ch. 448.

AB275, s. 6 Section 6. Subchapter III (title) of chapter 448 [precedes s. 448.50] of the statutes is amended to read:

AB275,3,21 chapter 448

AB275,3,24 subchapter III physical therapists affiliated credentialing therapy examining board

AB275, s. 7 Section 7. 448.50 (1) of the statutes is renumbered 448.50 (1v) and amended to read:

AB275,4,4 448.50 (1v) "Affiliated credentialing Examining board" means the physical therapists affiliated credentialing therapy examining board.

AB275, s. 8 Section 8. 448.50 (3) of the statutes is amended to read:

AB275,4,8 448.50 (3) "Physical therapist" means an individual who has been graduated from a school of physical therapy and holds a license to practice physical therapy granted by the affiliated credentialing examining board.

AB275, s. 9 Section 9. 448.50 (3m) of the statutes is amended to read:

AB275,4,12 448.50 (3m) "Physical therapist assistant" means an individual who holds a license as a physical therapist assistant granted by the affiliated credentialing examining board.

AB275, s. 10 Section 10. 448.527 of the statutes is amended to read:

AB275,4,16 448.527 Code of ethics. The affiliated credentialing examining board shall promulgate rules establishing a code of ethics governing the professional conduct of physical therapists and physical therapist assistants.

AB275, s. 11 Section 11. 448.53 (1) (intro.), (c), (d) and (f) of the statutes are amended to read:

AB275,4,20 448.53 (1) (intro.) The affiliated credentialing examining board shall grant a license as a physical therapist to a person who does all of the following:

AB275,4,23 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing examining board that the applicant does not have an arrest or conviction record.

AB275,5,2 (d) Submits evidence satisfactory to the affiliated credentialing examining board that the applicant is a graduate of a school of physical therapy approved by the affiliated credentialing examining board, unless the affiliated credentialing examining board waives this requirement under sub. (3).

AB275,5,6 (f) If the person was educated at a physical therapy school that is not in the United States, the person satisfies any additional requirements for demonstrating competence to practice physical therapy that the affiliated credentialing examining board may establish by rule.

AB275, s. 12 Section 12. 448.53 (1) (c) of the statutes is amended to read:

AB275,5,10 448.53 (1) (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing examining board that the applicant does not have an arrest or conviction record.

AB275, s. 13 Section 13. 448.53 (1) (d) of the statutes is amended to read:

AB275,5,15 448.53 (1) (d) Submits evidence satisfactory to the affiliated credentialing examining board that the applicant is a graduate of a school of physical therapy approved by the affiliated credentialing examining board, unless the affiliated credentialing examining board waives this requirement under sub. (3).

AB275, s. 14 Section 14. 448.53 (1) (f) of the statutes is amended to read:

AB275,5,20 448.53 (1) (f) If the person was educated at a physical therapy school that is not in the United States, the person satisfies any additional requirements for demonstrating competence to practice physical therapy that the affiliated credentialing examining board may establish by rule.

AB275, s. 15 Section 15. 448.53 (2) of the statutes is amended to read:

AB275,5,23 448.53 (2) The affiliated credentialing examining board may promulgate rules providing for various classes of temporary licenses to practice physical therapy.

AB275, s. 16 Section 16. 448.53 (3) (intro.) of the statutes is amended to read:

AB275,6,3 448.53 (3) (intro.) The affiliated credentialing examining board may waive the requirement under sub. (1) (d) for an applicant who establishes, to the satisfaction of the affiliated credentialing examining board, all of the following:

AB275, s. 17 Section 17. 448.535 (1) (intro.), (c) and (d) of the statutes are amended to read:

AB275,6,6 448.535 (1) (intro.) The affiliated credentialing examining board shall grant a license as a physical therapist assistant to a person who does all of the following:

AB275,6,9 (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing examining board that the applicant does not have an arrest or conviction record.

AB275,6,13 (d) Submits evidence satisfactory to the affiliated credentialing examining board that the applicant is a graduate of a physical therapist assistant educational program accredited by an agency that is approved by the affiliated credentialing examining board.

AB275, s. 18 Section 18. 448.535 (1) (c) of the statutes is amended to read:

AB275,6,17 448.535 (1) (c) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing examining board that the applicant does not have an arrest or conviction record.

AB275, s. 19 Section 19. 448.535 (1) (d) of the statutes is amended to read:

AB275,6,22 448.535 (1) (d) Submits evidence satisfactory to the affiliated credentialing examining board that the applicant is a graduate of a physical therapist assistant educational program accredited by an agency that is approved by the affiliated credentialing examining board.

AB275, s. 20 Section 20. 448.535 (2) of the statutes is amended to read:

AB275,7,5 448.535 (2) The affiliated credentialing examining board may waive a requirement under sub. (1) (d) or (e), or both, for an applicant who establishes to the satisfaction of the affiliated credentialing examining board that he or she is licensed as a physical therapist assistant by another licensing jurisdiction in the United States. The affiliated credentialing examining board shall promulgate rules for granting a waiver under this subsection. The rules may require an applicant to satisfy additional requirements as a condition for granting a waiver.

AB275, s. 21 Section 21. 448.54 (1) of the statutes is amended to read:

AB275,7,10 448.54 (1) The affiliated credentialing examining board shall conduct or arrange for examinations for physical therapist and physical therapist assistant licensure at least semiannually and at times and places determined by the affiliated credentialing examining board.

AB275, s. 22 Section 22. 448.54 (3) of the statutes is amended to read:

AB275,7,18 448.54 (3) Notwithstanding s. 448.53 (1) (f), the affiliated credentialing examining board may not require an applicant for physical therapist licensure to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a physical therapy school that is not in the United States if the applicant establishes, to the satisfaction of the affiliated credentialing examining board, that he or she satisfies the requirements under s. 448.53 (3).

AB275, s. 23 Section 23. 448.55 (3) of the statutes is amended to read:

AB275,7,22 448.55 (3) The affiliated credentialing examining board shall promulgate rules that require an applicant for renewal of a license to demonstrate continued competence as a physical therapist or physical therapist assistant.

AB275, s. 24 Section 24. 448.56 (1) of the statutes is amended to read:

AB275,8,12 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The affiliated credentialing examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

AB275, s. 25 Section 25. 448.56 (1m) (b) of the statutes is amended to read:

AB275,8,18 448.56 (1m) (b) The affiliated credentialing examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

AB275, s. 26 Section 26. 448.56 (6) of the statutes is amended to read:

AB275,8,25 448.56 (6) Physical therapist assistants. A physical therapist assistant may assist a physical therapist in the practice of physical therapy if the physical therapist provides direct or general supervision of the physical therapist assistant. The affiliated credentialing examining board shall promulgate rules defining "direct or general supervision" for purposes of this subsection. Nothing in this subsection interferes with delegation authority under any other provision of this chapter.

AB275, s. 27 Section 27. 448.565 of the statutes is amended to read:

AB275,9,4 448.565 Complaints. The affiliated credentialing examining board shall promulgate rules establishing procedures and requirements for filing complaints against licensees and shall publicize the procedures and requirements.

AB275, s. 28 Section 28. 448.567 of the statutes is amended to read: