SB185: Bill Text

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].

SB185,8,15 448.974 Rules. (1) The board shall promulgate rules to implement this subchapter, including all of the following:

SB185,8,17 (a) Rules establishing licensure requirements under s. 448.973 (1) (c), (d), and (e) 2. and (3) (a) 2. and (b) 2.

SB185,8,18 (b) Rules defining a scope of practice for clinical exercise physiologists.

SB185,8,20 (c) Rules defining what constitutes unprofessional conduct for clinical exercise physiologists, for purposes of s. 448.975 (2) (d).

SB185,8,23 (2) The board may promulgate rules defining the practice under s. 448.971 (3) (e) and rules establishing requirements for license renewal under s. 448.973 (2) (a) 2. and 3.

SB185,9,3 448.975 Discipline. (1) Subject to the rules promulgated under s. 440.03 (1), the board may conduct investigations and hearings to determine whether a person has violated this subchapter or a rule promulgated under this subchapter.

SB185,9,6 (2) Subject to the rules promulgated under s. 440.03 (1), if a person who applies for or holds a license issued under s. 448.973 does any of the following, the board may reprimand the person or deny, limit, suspend, or revoke the person's license:

SB185,9,8 (a) Makes a material misstatement in an application for a license or an application for renewal of a license under s. 448.973.

SB185,9,11 (b) Violates any law of this state or federal law that substantially relates to the practice of clinical exercise physiology, violates this subchapter, or violates a rule promulgated under this chapter.

SB185,9,12 (c) Advertises, practices, or attempts to practice under another person's name.

SB185,9,13 (d) Engages in unprofessional conduct.

SB185,9,16 (e) Subject to ss. 111.321, 111.322, and 111.335, is arrested for or convicted of an offense, the circumstances of which substantially relate to the practice of clinical exercise physiology.

SB185,9,18 448.976 Penalties. Any person who violates this subchapter is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

SB185,12 Section 12. 450.10 (3) (a) 5. of the statutes is amended to read:

SB185,9,22 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant, or clinical exercise physiologist licensed under ch. 448.

SB185,13 Section 13. Nonstatutory provisions.

SB185,9,25 (1) Board; initial terms. Notwithstanding the length of terms specified for the members of the clinical exercise physiology affiliated credentialing board under section 15.406 (7) of the statutes, as created by this act, 2 of the initial members shall be appointed for terms expiring on July 1, 2017; 2 of the initial members shall be appointed for terms expiring on July 1, 2018; and the remaining initial member shall be appointed for a term expiring on July 1, 2019.

SB185,10,11 (2) Board; initial clinical exercise physiologist members. Notwithstanding section 15.406 (7) (a) of the statutes, as created by this act, the initial members appointed to the clinical exercise physiology affiliated credentialing board under section 15.406 (7) (a) of the statutes, as created by this act, need not be licensed under subchapter VIII of chapter 448 of the statutes, as created by this act, but shall be persons who are certified as a registered clinical exercise physiologist by the American College of Sports Medicine.

SB185,10,21 (3) Emergency rules. Using the procedure under section 227.24 of the statutes, the clinical exercise physiology affiliated credentialing board may promulgate rules under section 448.974 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect for 2 years or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB185,14 Section 14. Effective dates. This act takes effect on the day after publication, except as follows:

SB185,11,2 (1) The treatment of sections 146.81 (1) (eu), 146.997 (1) (d) 4., 155.01 (7), 252.14 (1) (ar) 4s., 440.03 (13) (b) 19c., 440.08 (2) (a) 24am., 448.03 (2) (a), 448.972, 448.973, 448.975, 448.976, and 450.10 (3) (a) 5. of the statutes takes effect on the first day of the 12th month beginning after publication.

SB185,11,3 (End)