AB751, s. 40
23Section
40. 448.05 (5m) (a) (intro.) of the statutes is repealed.
AB751, s. 41
24Section
41. 448.05 (5m) (a) 1. of the statutes is renumbered 448.963 (2) (b) 1.
25and amended to read:
AB751,10,5
1448.963
(2) (b) 1. Successfully completed the academic requirements and
2supervised internship of an educational program in occupational therapy recognized
3by the
affiliated credentialing board and accredited by the
accreditation council for
4occupational therapy education Accreditation Council for Occupational Therapy
5Education of the American Occupational Therapy Association.
AB751, s. 42
6Section
42. 448.05 (5m) (a) 2. of the statutes is renumbered 448.963 (2) (b) 2.
7and amended to read:
AB751,10,108
448.963
(2) (b) 2. Received
initial certification as an occupational therapist by
9the
American occupational therapy certification board
National Board for
10Certification in Occupational Therapy.
AB751, s. 43
11Section
43. 448.05 (5m) (b) (intro.) of the statutes is repealed.
AB751, s. 44
12Section
44. 448.05 (5m) (b) 1. of the statutes is repealed.
AB751, s. 45
13Section
45. 448.05 (5m) (b) 2. of the statutes is renumbered 448.963 (3) (b) 2.
14and amended to read:
AB751,10,1715
448.963
(3) (b) 2. Received
initial certification as an occupational therapy
16assistant by the
American occupational therapy certification board National Board
17for Certification in Occupational Therapy.
AB751, s. 46
18Section
46. 448.06 (1) of the statutes is amended to read:
AB751,10,2219
448.06
(1) Grant of license, certificate or limited permit. If three-fourths
20of the members of the board find that an applicant who has passed the required
21examinations
or who applies under s. 448.04 (1) (h) is qualified, the board shall so
22notify the applicant and shall grant the license, certificate or limited permit.
AB751, s. 47
23Section
47. 448.07 (1) (d) of the statutes is amended to read:
AB751,11,924
448.07
(1) (d) No registration may be permitted by the secretary of the board
25in the case of any physician
, occupational therapist or occupational therapy assistant
1who has failed to meet the requirements of s. 448.13 or any person whose license,
2certificate or limited permit has been suspended or revoked and the registration of
3any such person shall be deemed automatically annulled upon receipt by the
4secretary of the board of a verified report of such suspension or revocation, subject
5to the licensee's or permittee's right of appeal. A person whose license, certificate or
6limited permit has been suspended or revoked and subsequently restored shall be
7registered by the board upon tendering a verified report of such restoration of the
8license, certificate or limited permit, together with an application for registration
9and the registration fee.
AB751, s. 48
10Section
48. 448.13 (1) (a) of the statutes is renumbered 448.13 (1).
AB751, s. 49
11Section
49. 448.13 (1) (b) of the statutes is renumbered 448.13 (1m) and
12amended to read:
AB751,11,1713
448.13
(1m) The board shall, on a random basis, verify the accuracy of proof
14submitted by physicians under
par. (a) sub. (1) and may, at any time during the 2
15calendar years specified in
par. (a) sub. (1), require a physician to submit proof of any
16continuing education programs or courses of study that he or she has attended and
17completed at that time during the 2 calendar years.
AB751, s. 50
18Section
50. 448.13 (2) of the statutes is repealed.
AB751, s. 51
19Section
51. 448.40 (2) (b) of the statutes is renumbered 448.965 (1) (a) and
20amended to read:
AB751,11,2321
448.965
(1) (a)
Establishing standards
Standards for acceptable examination
22performance by an applicant for
certification licensure as an occupational therapist
23or occupational therapy assistant.
AB751, s. 52
24Section
52. 448.40 (2) (c) of the statutes is renumbered 448.965 (1) (b) and
25amended to read:
AB751,12,3
1448.965
(1) (b)
Establishing continuing Continuing education requirements
2for
certificate license renewal for an occupational therapist or occupational therapy
3assistant under s.
448.13 (2) 448.967 (2).
AB751, s. 53
4Section
53. 448.40 (2) (d) of the statutes is renumbered 448.965 (1) (c) and
5amended to read:
AB751,12,76
448.965
(1) (c)
Establishing standards Standards of practice for occupational
7therapy, including
a code of ethics and criteria for referral.
AB751, s. 54
8Section
54. 448.40 (2) (e) of the statutes is amended to read:
AB751,12,159
448.40
(2) (e) Establishing the criteria for the substitution of uncompensated
10hours of professional assistance volunteered to the department of health and family
11services for some or all of the hours of continuing education credits required under
12s. 448.13 (1)
(a) for physicians specializing in psychiatry. The eligible substitution
13hours shall involve professional evaluation of community programs for the
14certification and recertification of community mental health programs, as defined in
15s. 51.01 (3n), by the department of health and family services.
AB751, s. 55
16Section
55. 448.90 of the statutes is renumbered 448.87.
AB751, s. 56
17Section
56. Subchapter VII of chapter 448 [precedes 448.96] of the statutes
18is created to read:
AB751,12,1919
Chapter 448
AB751,12,2220
Subchapter VII
21
occupational therapists
22
affiliated credentialing board
AB751,12,23
23448.96 Definitions. In this subchapter:
AB751,13,2
1(1) "Affiliated credentialing board" means the occupational therapists
2affiliated credentialing board.
AB751,13,3
3(2) "Licensee" means an individual granted a license under this subchapter.
AB751,13,6
4(3) "Occupation" means intentional, action-oriented behavior that is
5personally meaningful to an individual and that is determined by the individual's
6characteristics, culture and environment.
AB751,13,11
7(5) "Occupational therapy" means the therapeutic use of purposeful and
8meaningful occupations to evaluate and treat individuals of all ages who have a
9disease, disorder, impairment, activity limitation or participation restriction that
10interferes with their ability to function independently in daily life roles and
11environments and to promote health and wellness.
AB751,13,12
12448.961 License required.
AB751,13,13
13448.962 Applicability. This subchapter does not do any of the following:
AB751,13,14
14(1) Require any of the following to be licensed as an occupational therapist:
AB751,13,1615
(d) Any person lawfully practicing within the scope of a license, permit,
16registration or certification granted by this state or the federal government.
AB751,13,18
17(2) Require any of the following to be licensed as an occupational therapy
18assistant:
AB751,13,2019
(d) Any person lawfully practicing within the scope of a license, permit,
20registration or certification granted by this state or the federal government.
AB751,13,22
21448.963 Licensure requirements; limited permits. (1) An applicant for
22a license granted under this subchapter shall do each of the following:
AB751,13,2423
(a) Submit an application for the license to the department on a form provided
24by the department.
AB751,13,2525
(b) Pay the fee specified in s. 440.05 (1).
AB751,14,2
1(2) The affiliated credentialing board shall grant a license as an occupational
2therapist to a person who does all of the following:
AB751,14,33
(a) Satisfies the requirements under sub. (1).
AB751,14,54
(b) Submits evidence satisfactory to the affiliated credentialing board that he
5or she has done any of the following:
AB751,14,66
(c) Passes an examination under s. 448.964.
AB751,14,8
7(3) The affiliated credentialing board shall grant a license as an occupational
8therapy assistant to a person who does all of the following:
AB751,14,99
(a) Satisfies the requirements under sub. (1).
AB751,14,1110
(b) Submits evidence satisfactory to the affiliated credentialing board that he
11or she has done any of the following:
AB751,14,1612
1. Successfully completed the academic requirements and supervised
13internship of an educational program in occupational therapy recognized by the
14affiliated credentialing board and accredited by the Accreditation Council for
15Occupational Therapy Education of the American Occupational Therapy
16Association.
AB751,14,2017
3. Been initially certified as an occupational therapy assistant by the National
18Board for Certification in Occupational Therapy, if the affiliated credentialing board
19determines that the requirements for the certification are equivalent to the
20requirements under subds. 1. and 2.
AB751,14,2121
(c) Passes an examination under s. 448.964.
AB751,14,25
22448.964 Examination. (1) The affiliated credentialing board shall conduct
23or arrange for examinations required for occupational therapist and occupational
24therapy assistant licensure under s. 448.963 (2) (c) and (3) (c) at times and places
25determined by the affiliated credentialing board.
AB751,15,2
1(2) Examinations under sub. (1) may consist of written or oral tests, or both,
2and shall require applicants to demonstrate each of the following:
AB751,15,43
(a) Minimum competency in subjects substantially related to the practice of
4occupational therapy and assisting in the practice of occupational therapy.
AB751,15,65
(b) Ability to practice occupational therapy or assist in the practice of
6occupational therapy with reasonable skill and safety.
AB751,15,9
7448.965 Duties and powers of affiliated credentialing board. (1) The
8affiliated credentialing board shall promulgate rules that establish each of the
9following:
AB751,15,12
10(2) The affiliated credentialing board may promulgate rules that define the
11scope of practice of occupational therapy or the scope of assisting in the practice of
12occupational therapy.
AB751,15,19
13448.966 Reciprocal licensure. (1) Upon application and payment of the fee
14specified in s. 440.05 (2), the affiliated credentialing board shall grant a license as
15an occupational therapist to a person who holds a similar certificate or license in
16another state or territory of the United States if the affiliated credentialing board
17determines that the requirements for receiving the certificate or license in the other
18state or territory are substantially equivalent to the requirements under s. 448.963
19(2).
AB751,15,25
20(2) Upon application and payment of the fee specified in s. 440.05 (2), the
21affiliated credentialing board shall grant a license as an occupational therapy
22assistant to a person who holds a similar certificate or license in another state or
23territory of the United States if the affiliated credentialing board determines that the
24requirements for receiving the certificate or license in the other state or territory are
25substantially equivalent to the requirements under s. 448.963 (3).
AB751,16,3
1448.967 Issuance of license; expiration and renewal. (1) The department
2shall issue a certificate of licensure to each person who is licensed under this
3subchapter.
AB751,16,8
4(2) The renewal dates for licenses granted under this subchapter are specified
5under s. 440.08 (2) (a). Renewal applications shall be submitted to the department
6on a form provided by the department and shall include the renewal fee specified in
7s. 440.08 (2) (a) and a statement attesting compliance with the continuing education
8requirements established in rules promulgated under s. 448.965 (1) (b).
AB751,16,12
9448.968 Disciplinary proceedings and actions. (1) Subject to the rules
10promulgated under s. 440.03 (1), the affiliated credentialing board may make
11investigations and conduct hearings to determine whether a violation of this
12subchapter or any rule promulgated under this subchapter has occurred.
AB751,16,16
13(2) Subject to the rules promulgated under s. 440.03 (1), the affiliated
14credentialing board may reprimand a licensee or deny, limit, suspend or revoke a
15license granted under this subchapter if it finds that the applicant or licensee has
16done any of the following:
AB751,16,1817
(a) Made a material misstatement in an application for a license or for renewal
18of a license.
AB751,16,2119
(b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the
20circumstances of which substantially relate to the practice of occupational therapy
21or assisting in the practice of occupational therapy.
AB751,16,2222
(c) Advertised in a manner that is false, deceptive or misleading.
AB751,16,2323
(d) Advertised, practiced or attempted to practice under another's name.
AB751,17,3
1(e) Subject to ss. 111.321, 111.322 and 111.34, practiced occupational therapy
2or assisted in the practice of occupational therapy while his or her ability to practice
3was impaired by alcohol or other drugs.
AB751,17,54
(f) Engaged in unprofessional or unethical conduct in violation of the code of
5ethics established in the rules promulgated under s. 448.965 (1) (c).
AB751,17,86
(g) Engaged in conduct while practicing occupational therapy or assisting in
7the practice of occupational therapy that evidences a lack of knowledge or ability to
8apply professional principles or skills.
AB751,17,99
(h) Violated this subchapter or any rule promulgated under this subchapter.
AB751,17,15
10448.969 Injunctive relief. If the affiliated credentialing board has reason to
11believe that any person is violating this subchapter or any rule promulgated under
12this subchapter, the affiliated credentialing board, the department, the attorney
13general or the district attorney of the proper county may investigate and may, in
14addition to any other remedies, bring an action in the name and on behalf of this state
15to enjoin the person from the violation.
AB751,17,18
16448.970 Penalties; appeal. (1) A person who violates any provision of this
17subchapter may be fined not more than $10,000 or imprisoned for not more than 9
18months or both.
AB751,17,24
19(2) Any person aggrieved by any action taken under this subchapter by the
20affiliated credentialing board, its officers or its agents may apply for judicial review
21as provided in ch. 227, and shall file notice of such appeal with the secretary of the
22affiliated credentialling board within 30 days. No court of this state may enter an
23ex parte stay of any action taken by the affiliated credentialing board under this
24subchapter.
AB751,18,53
450.10
(3) (a) 5. A physician, physician assistant, podiatrist, physical
4therapist, occupational therapist or occupational therapy assistant licensed
or
5certified under ch. 448.
AB751,18,77
(1)
Definitions. In this
Section:
AB751,18,98
(a) "Affiliated credentialing board" means the occupational therapists
9affiliated credentialing board.
AB751,18,1010
(b) "Examining board" means the medical examining board.
AB751,18,1111
(c) "Examining council" means the occupational therapy examining council.
AB751,18,1512
(2)
Initial appointments. Notwithstanding the length of the terms specified in
13section 15.406 (5) (intro.) of the statutes, as created by this act, the initial members
14of the affiliated credentialing board shall be appointed by the first day of the 4th
15month beginning after the effective date of this subsection for the following terms:
AB751,18,1716
(a) One occupational therapist and one public member, for terms expiring on
17July 1, 2001.
AB751,18,1818
(b) One occupational therapist assistant, for a term expiring on July 1, 2002.
AB751,18,1919
(c) One occupational therapist, for a term expiring on July 1, 2003.
AB751,18,2020
(d) One public member, for a term expiring on July 1, 2003.
AB751,19,221
(3)
Transfer of authority and records from examining board; transitional
22provisions. During the period beginning on the effective date of this subsection and
23ending on the first day of the 7th month beginning after the effective date of this
24subsection, the examining board and examining council shall cooperate with the
25affiliated credentialing board, as created by this act, in providing orderly and
1efficient transfers under this subsection. On the first day of the 7th month beginning
2after the effective date of this subsection, all of the following apply: