SB185: Bill Text

LRB-1667/1

MED:kjf

2015 - 2016 LEGISLATURE

2015 Senate BILL 185

June 2, 2015 - Introduced by Senators Shilling and L. Taylor, cosponsored by Representatives Nerison, Berceau, Bowen and Sinicki. Referred to Committee on Health and Human Services.

SB185,1,8 An Act to renumber 448.970; to amend 15.085 (1m) (b), 146.997 (1) (d) 4., 155.01 (7), 448.03 (2) (a) and 450.10 (3) (a) 5.; and to create 15.406 (7), 146.81 (1) (eu), 252.14 (1) (ar) 4s., 440.03 (13) (b) 19c., 440.08 (2) (a) 24am. and subchapter VIII of chapter 448 [precedes 448.971] of the statutes; relating to: creation of a clinical exercise physiology affiliated credentialing board, licensure of clinical exercise physiologists, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill regulates the practice of clinical exercise physiology, defined in the bill to include working with individuals who have chronic medical conditions for which exercise training has been shown to have a therapeutic benefit; administering clinical exercise assessments to individuals who have or are at risk for cardiovascular, pulmonary, or other chronic medical conditions; providing individuals with education and instruction based upon medical history, clinical assessment outcomes, and exercise training principles; and developing and implementing exercise training protocols and programs for individuals who have or are at risk for cardiovascular, pulmonary, and other chronic medical conditions for which exercise training has been shown to have a therapeutic benefit. Under the bill, no one may use the title "clinical exercise physiologist" or make similar representations without a license to practice clinical exercise physiology (license). A license is granted by the five-member Clinical Exercise Physiology Affiliated Credentialing Board (board), created in the bill. Under the bill, the board is attached for limited purposes to the Medical Examining Board, which regulates physicians and certain other professions.

Under the bill, the board may grant an initial license to a person who is at least 18 years of age, holds a master's degree in exercise physiology or a related field, is certified by the American College of Sports Medicine, has at least 600 hours of qualifying clinical experience, and pays a fee. The bill also allows the board, for one year after the requirement in the bill to obtain a license goes into effect, to grant an initial license to practice clinical exercise physiology to certain individuals who cannot satisfy all of the requirements described above but who satisfy certain experience and other requirements.

The bill requires the board to promulgate rules that establish the qualifying degrees and qualifying clinical experience that are required for licensure, a scope of practice for clinical exercise physiologists, and standards for what constitutes unprofessional conduct for a clinical exercise physiologist.

The bill includes provisions for the professional discipline of licensees, which allow the board to take certain actions against a licensee who violates certain prohibitions in the bill.

Finally, the bill also applies certain other laws, such as the law providing for confidentiality of health care records and the health care workers whistleblowers protection law, to licensed clinical exercise physiologists.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB185,1 Section 1. 15.085 (1m) (b) of the statutes is amended to read:

SB185,2,5 15.085 (1m) (b) The public members of the podiatry affiliated credentialing board or, occupational therapists affiliated credentialing board, or clinical exercise physiology affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB185,2 Section 2 . 15.406 (7) of the statutes is created to read:

SB185,3,6 15.406 (7) Clinical exercise physiology affiliated credentialing board. There is created in the department of safety and professional services, attached to the medical examining board, a clinical exercise physiology affiliated credentialing board. The affiliated credentialing board shall consist of the following 5 members appointed for 4-year terms:

SB185,3,7 (a) Three clinical exercise physiologists licensed under subch. VIII of ch. 448.

SB185,3,8 (b) One physician.

SB185,3,9 (c) One public member.

SB185,3 Section 3. 146.81 (1) (eu) of the statutes is created to read:

SB185,3,12 146.81 (1) (eu) A clinical exercise physiologist licensed under subch. VIII of ch. 448.

SB185,4 Section 4. 146.997 (1) (d) 4. of the statutes is amended to read:

SB185,3,15 146.997 (1) (d) 4. A physician, podiatrist, perfusionist, physical therapist, or physical therapist assistant, or clinical exercise physiologist licensed under ch. 448.

SB185,5 Section 5. 155.01 (7) of the statutes is amended to read:

SB185,4,2 155.01 (7) "Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant, or clinical exercise physiologist licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

SB185,6 Section 6. 252.14 (1) (ar) 4s. of the statutes is created to read:

SB185,4,5 252.14 (1) (ar) 4s. A clinical exercise physiologist licensed under subch. VIII of ch. 448.

SB185,7 Section 7. 440.03 (13) (b) 19c. of the statutes is created to read:

SB185,4,7 440.03 (13) (b) 19c. Clinical exercise physiologist.

SB185,8 Section 8. 440.08 (2) (a) 24am. of the statutes is created to read:

SB185,4,10 440.08 (2) (a) 24am. Clinical exercise physiologist: February 1 of each odd-numbered year.

SB185,9 Section 9. 448.03 (2) (a) of the statutes is amended to read:

SB185,4,18 448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice clinical exercise physiology under subch. VIII, to practice midwifery under subch. XIII of ch. 440, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice chiropractic under ch. 446, to practice dentistry or dental hygiene under ch. 447, to practice optometry under ch. 449, to practice acupuncture under ch. 451 or under any other statutory provision, or as otherwise provided by statute.

SB185,10 Section 10. 448.970 of the statutes is renumbered 448.9695.

SB185,11 Section 11. Subchapter VIII of chapter 448 [precedes 448.971] of the statutes is created to read:

SB185,4,22 CHAPTER 448

SB185,4,23 SUBCHAPTER VIII

SB185,4,25 CLINICAL EXERCISE PHYSIOLOGY AFFILIATED CREDENTIALING BOARD

SB185,5,1 448.971 Definitions. In this subchapter:

SB185,5,3 (1) "Board" means the clinical exercise physiology affiliated credentialing board.

SB185,5,5 (2) "Clinical exercise physiologist" means an individual who holds a license to practice clinical exercise physiology granted by the board.

SB185,5,6 (3) "Practice of clinical exercise physiology" means any of the following:

SB185,5,8 (a) Working with individuals who have chronic medical conditions for which exercise training has been shown to have a therapeutic benefit.

SB185,5,10 (b) Administering clinical exercise assessments to individuals who have or are at risk for cardiovascular, pulmonary, or other chronic medical conditions.

SB185,5,12 (c) Providing individuals with education and instruction based upon medical histories, clinical assessment outcomes, and exercise training principles.

SB185,5,16 (d) Developing and implementing exercise training protocols and programs for individuals who have or are at risk for cardiovascular, pulmonary, or other chronic medical conditions for which exercise training has been shown to have a therapeutic benefit.

SB185,5,17 (e) Any other practice as defined by the board by rule.

SB185,5,19 448.972 Use of title. No person may do any of the following unless he or she is licensed by the board under s. 448.973:

SB185,5,20 (1) Hold oneself out as a clinical exercise physiologist.

SB185,5,24 (2) Use in connection with his or her name the title "clinical exercise physiologist"; the words or letters "C.E.P." or "L.C.E.P."; or any other words, letters, abbreviation, or insignia indicating that he or she is a clinical exercise physiologist or a licensed clinical exercise physiologist.

SB185,6,3 448.973 License. (1) Initial license. The board shall grant an initial license to practice clinical exercise physiology to any person who satisfies all of the following requirements:

SB185,6,6 (a) The person submits an application on a form provided by the department and pays the initial credential fee determined by the department under s. 440.03 (9) (a).

SB185,6,7 (b) The person is at least 18 years of age.

SB185,6,9 (c) The person possesses a master's degree in exercise physiology or a related field, as determined by the board.

SB185,6,11 (d) The person provides evidence of having completed at least 600 hours of qualifying clinical experience, as determined by the board.

SB185,6,12 (e) The person provides either of the following:

SB185,6,14 1. Evidence of certification as a clinical exercise specialist or as a registered clinical exercise physiologist by the American College of Sports Medicine.

SB185,6,17 2. Evidence of having successfully completed an examination equivalent to an examination required to obtain a certification under subd. 1., as determined by the board.

SB185,6,19 (f) Subject to ss. 111.321, 111.322, and 111.335, the person does not have an arrest or conviction record.

SB185,6,23 (2) License renewal. (a) On or before the applicable renewal date specified under s. 440.08 (2) (a), a person issued a license under sub. (1) or (3) shall submit all of the following to the board on a form furnished by the department with the applicable renewal fee determined by the department under s. 440.03 (9) (a):

SB185,6,24 1. A statement giving his or her name and residence.

SB185,7,2 2. Evidence of having completed any examination or continuing education requirements that the board requires by rule.

SB185,7,3 3. Any other information that the board requires by rule.

SB185,7,5 (b) The board shall grant to a person who satisfies the requirements under par. (a) the renewal of his or her clinical exercise physiologist license.

SB185,7,8 (3) Prior practice. (a) Notwithstanding sub. (1), and subject to par. (c), the board shall grant an initial license to practice clinical exercise physiology to any person who satisfies all of the following requirements:

SB185,7,9 1. The person satisfies the requirements under sub. (1) (a), (b), and (f).

SB185,7,13 2. The person possesses a bachelor's or master's degree in exercise science, exercise physiology, adult fitness or cardiac rehabilitation, human performance, or kinesiology, or possesses another related qualifying exercise science degree, as determined by the board.

SB185,7,19 3. The person provides evidence satisfactory to the board of having been employed to engage in the practice of clinical exercise physiology full time in the 5-year period prior to the effective date of this subdivision .... [LRB inserts date], or of having been employed to engage in the practice of clinical exercise physiology for 10,000 hours or more in the 10-year period prior to the effective date of this subdivision .... [LRB inserts date].

SB185,7,22 (b) Notwithstanding sub. (1), and subject to par. (c), the board shall grant an initial license to practice clinical exercise physiology to any person who satisfies all of the following requirements:

SB185,7,23 1. The person satisfies the requirements under sub. (1) (a), (b), and (f).

SB185,8,2 2. The person possesses a bachelor's or master's degree in exercise science, exercise physiology, adult fitness or cardiac rehabilitation, human performance, or kinesiology, or possesses another related qualifying exercise science degree, as determined by the board.

SB185,8,8 3. The person provides evidence satisfactory to the board of having been employed to engage in the practice of clinical exercise physiology full time in the one-year period prior to the effective date of this subdivision .... [LRB inserts date], or of having been employed to engage in the practice of clinical exercise physiology for 2,000 hours or more in the 5-year period prior to the effective date of this subdivision .... [LRB inserts date].

SB185,8,11 4. The person has passed the American College of Sports Medicine's Registered Clinical Exercise Physiologist or Clinical Exercise Specialist examination in the 5-year period prior the effective date of this subdivision .... [LRB inserts date].

SB185,8,13 (c) This subsection does not apply after the first day of the 12th month beginning after the effective date of this paragraph .... [LRB inserts date].