SB198,3,3 2440.207 Complementary and alternative health care services. (1)
3Definitions. In this section:
SB198,3,64 (a) "Client" means any individual who receives or makes an appointment to
5receive complementary and alternative health care services from a complementary
6and alternative health care practitioner.
SB198,3,107 (b) "Complementary and alternative health care practitioner" means an
8individual, other than a health care professional acting within the scope of his or her
9practice, who provides complementary and alternative health care services to a
10client in exchange for compensation or who offers to do so.
SB198,4,4
1(c) "Complementary and alternative health care services" means any health
2care practice or method of healing therapy or modality, other than one that a
3complementary and alternative health care practitioner is prohibited from providing
4under sub. (5) (b).
SB198,4,55 (d) "Dietary supplement" has the meaning given in 21 USC 321 (ff).
SB198,4,86 (e) "Health care professional" has the meaning given for "health care provider"
7in s. 146.81 (1) (a) to (hp) and includes a licensed midwife, as defined in s. 440.9805
8(2).
SB198,4,12 9(2) Required disclosures. A complementary and alternative health care
10practitioner shall provide to each client, during or as soon as practicable following
11the initial client contact, the following information in a plainly worded written
12statement:
SB198,4,1413 (a)   The name, business address, and business telephone number of the
14complementary and alternative health care practitioner.
SB198,4,1515 (b) A notice explaining all of the following:
SB198,4,2016 1. That the complementary and alternative health care practitioner is not
17licensed, certified, or registered by the state to provide complementary and
18alternative health care services or, if the practitioner is a health care professional
19who is not acting under his or her certificate, permit, or license, the fact that the
20practitioner is providing a service that he or she is not licensed to provide.
SB198,4,2221 2.   The nature of the complementary and alternative health care services that
22the complementary and alternative health care practitioner provides.
SB198,4,2523 (c) A list of any degrees, training, experience, or other qualifications the
24complementary and alternative health care practitioner has or holds regarding the
25complementary and alternative health care services he or she provides.
SB198,5,9
1(3) Acknowledgment of disclosures.   Before providing complementary and
2alternative health care services to a client, a complementary and alternative health
3care practitioner shall obtain a written and signed acknowledgment from the client
4stating that the client has received and understands the information provided as
5required under sub. (2). The complementary and alternative health care practitioner
6shall provide a copy of the acknowledgment to the client and shall retain a copy of
7the acknowledgement for at least 2 years after the last date the complementary and
8alternative health care practitioner provides complementary and alternative health
9care services to the client.
SB198,5,20 10(4) Exemptions from requirements to hold credentials. Notwithstanding ss.
11256.15 (2), 440.982 (1), 441.06 (4), 441.15 (2), 446.02 (1), 447.03 (1) and (2), 448.03
12(1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02
13(1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02
14(1), and 459.24 (1), a complementary and alternative health care practitioner does
15not violate any of the prohibitions against engaging in a practice without a license
16or credential under s. 256.15 (2), 440.982 (1), 441.06 (4), 441.15 (2), 446.02 (1), 447.03
17(1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961
18(1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02 (1m), 457.04 (4), (5),
19(6), and (7), 459.02 (1), or 459.24 (1) if he or she complies with sub. (2) and does not
20violate sub. (5).
SB198,5,22 21(5) Prohibitions. (a) No person may act as a complementary and alternative
22health care practitioner if any of the following applies:
SB198,5,2423 1. The person is or was a health care professional and had his or her credential
24revoked or suspended, unless the credential was subsequently reinstated.
SB198,6,2
12. The person was convicted of a felony and has not completed his or her
2sentence, including any probation, parole, or extended supervision.
SB198,6,33 3. The person is an individual found incompetent, as defined in s. 54.01 (16).
SB198,6,54 (b) No complementary and alternative health care practitioner may do any of
5the following:
SB198,6,76 1. Puncture the skin, except by pricking a finger for purposes of blood
7screening.
SB198,6,88 2. Engage in the practice of radiography, as defined in s. 462.01 (5).
SB198,6,129 3. Prescribe, directly apply, deliver, or dispense a prescription drug, a controlled
10substance, or a device that may be prescribed, directly applied, delivered, or
11dispensed only by a health care professional. The terms used in this subdivision have
12the meanings given in s. 450.01.
SB198,6,1313 4. Perform a chiropractic adjustment or manipulation of joints or a spine.
SB198,6,1514 5. Recommend to a client that he or she discontinue treatment that is
15prescribed by a health care professional.
SB198,6,1816 6. Make a specific medical diagnosis using a medical term that is commonly
17used and   understood in diagnosing in conventional western medicine, except that
18none of the following are prohibited under this subdivision:
SB198,6,1919 a. Using medical terminology or common words to describe a health condition.
SB198,6,2120 b. Advising a client to consult a health care professional in order to rule out a
21diagnosable condition.
SB198,6,2322 c. Making a statement that a client's symptoms may be indicative of or
23consistent with a specific medical condition.
SB198,6,2524 7. Hold himself or herself out as or imply that he or she is a health care
25professional if he or she does not hold the applicable certificate, permit, or license.
SB198,7,3
18. Provide complementary and alternative health care services to a minor
2unless an informed consent form has been signed by his or her parent or legal
3guardian.
SB198,2 4Section 2. 440.21 (title) of the statutes is amended to read:
SB198,7,6 5440.21 (title) Enforcement of certain laws requiring credential by
6department
.
SB198,3 7Section 3. 440.21 (1) to (3) of the statutes are amended to read:
SB198,7,108 440.21 (1) The department may conduct investigations, hold hearings, and
9make findings as to whether a person has engaged in a practice or used a title without
10a credential required under chs. 440 to 480
violated s. 440.207.
SB198,7,15 11(2) If, after holding a public hearing, the department determines that a person
12has engaged in a practice or used a title without a credential required under chs. 440
13to 480
violated s. 440.207, the department may issue a special order enjoining the
14person from the continuation of the practice or use of the title further providing
15complementary and alternative health care services, as defined in s. 440.207 (1) (c)
.
SB198,7,19 16(3) In lieu of holding a public hearing, if the department has reason to believe
17that a person has engaged in a practice or used a title without a credential required
18under chs. 440 to 480
violated s. 440.207, the department may petition the circuit
19court for a temporary restraining order or an injunction as provided in ch. 813.
SB198,7,2020 (End)
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