Feed for /2001/related/acts/70 PDF
Date of enactment: April 11, 2002
2001 Assembly Bill 615 Date of publication*: April 25, 2002
* Section 991.11, Wisconsin Statutes 1999-00 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2001 WISCONSIN ACT 70
An Act to repeal 446.02 (10), 448.51 (2) (c), 448.52 (3) and 448.525; to renumber 448.52 (1) and (2) and 448.52 (5); to renumber and amend 448.50 (4), 448.52 (intro.), 448.52 (4) and 448.54 (2); to amend 48.981 (2), 146.81 (1) (dg), 146.997 (1) (d) 4., 155.01 (7), 252.14 (1) (ar) 4e., 448.51 (1), 448.51 (2) (a), 448.51 (2) (b), 448.54 (1), 448.54 (3), 448.55 (2), 448.57 (2) (b), 448.57 (2) (e), 448.57 (2) (f), 448.57 (2) (g) and 450.10 (3) (a) 5.; and to create 15.406 (1) (am), 440.08 (2) (a) 57m., 448.50 (1m), 448.50 (1r), 448.50 (3m), 448.50 (4) (a) 1. to 4., 448.50 (4) (b), 448.50 (5), 448.50 (6), 448.51 (1e), 448.51 (1s), 448.52 (2m), 448.522, 448.527, 448.53 (1) (f), 448.535, 448.54 (2) (b), 448.55 (3), 448.56 (1m), 448.56 (4), 448.56 (5), 448.565, 448.567, 448.57 (2) (am), 448.57 (2) (bm), 448.57 (2) (fm), 448.57 (3), 448.57 (4) and 448.57 (5) of the statutes; relating to: licensing of physical therapists and physical therapist assistants and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
70,1 Section 1. 15.406 (1) (am) of the statutes is created to read:
15.406 (1) (am) One physical therapist assistant licensed under subch. III of ch. 448.
70,2 Section 2. 48.981 (2) of the statutes is amended to read:
48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42, or 51.437, physical therapist, physical therapist assistant, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). A court-appointed special advocate having reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under s. 48.236 (3) has been abused or neglected or having reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney, having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.
70,3 Section 3. 146.81 (1) (dg) of the statutes is amended to read:
146.81 (1) (dg) A physical therapist or physical therapist assistant licensed under subch. III of ch. 448.
70,4 Section 4. 146.997 (1) (d) 4. of the statutes is amended to read:
146.997 (1) (d) 4. A physician, podiatrist or, physical therapist, or physical therapist assistant licensed under ch. 448.
70,5 Section 5. 155.01 (7) of the statutes is amended to read:
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, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant 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, an operational cooperative sickness care plan organized under ss. 185.981 to 185.985 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).
70,6 Section 6. 252.14 (1) (ar) 4e. of the statutes is amended to read:
252.14 (1) (ar) 4e. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448.
70,7 Section 7. 440.08 (2) (a) 57m. of the statutes is created to read:
440.08 (2) (a) 57m. Physical therapist assistant: November 1 of each odd-numbered year; $44.
70,7m Section 7m. 446.02 (10) of the statutes is repealed.
70,8 Section 8. 448.50 (1m) of the statutes is created to read:
448.50 (1m) "Business entity" has the meaning given in s. 452.01 (3j).
70,9 Section 9. 448.50 (1r) of the statutes is created to read:
448.50 (1r) "Diagnosis" means a judgment that is made after examining the neuromusculoskeletal system or evaluating or studying its symptoms and that utilizes the techniques and science of physical therapy for the purpose of establishing a plan of therapeutic intervention, but does not include a chiropractic or medical diagnosis.
70,10 Section 10. 448.50 (3m) of the statutes is created to read:
448.50 (3m) "Physical therapist assistant" means an individual who holds a license as a physical therapist assistant granted by the affiliated credentialing board.
70,11 Section 11. 448.50 (4) of the statutes is renumbered 448.50 (4) (a) (intro.) and amended to read:
448.50 (4) (a) (intro.) "Physical therapy" means that branch or system of treating the sick which is limited to therapeutic exercises with or without assistive devices, and physical measures including heat and cold, air, water, light, sound, electricity and massage; and physical testing and evaluation. The use of roentgen rays and radium for any purpose, and the use of electricity for surgical purposes including cauterization, are not part of physical therapy. , except as provided in par. (b), any of the following:
70,12 Section 12. 448.50 (4) (a) 1. to 4. of the statutes are created to read:
448.50 (4) (a) 1. Examining, evaluating, or testing individuals with mechanical, physiological, or developmental impairments, functional limitations related to physical movement and mobility, disabilities, or other movement-related health conditions, in order to determine a diagnosis, prognosis, or plan of therapeutic intervention or to assess the ongoing effects of intervention. In this subdivision, "testing" means using standardized methods or techniques for gathering data about a patient.
2. Alleviating impairments or functional limitations by instructing patients or designing, implementing, or modifying therapeutic interventions.
3. Reducing the risk of injury, impairment, functional limitation, or disability, including by promoting or maintaining fitness, health, or quality of life in all age populations.
4. Engaging in administration, consultation, or research that is related to any activity specified in subds. 1. to 3.
70,12m Section 12m. 448.50 (4) (b) of the statutes is created to read:
448.50 (4) (b) "Physical therapy" does not include using roentgen rays or radium for any purpose, using electricity for surgical purposes, including cauterization, or prescribing drugs or devices.
70,13 Section 13. 448.50 (5) of the statutes is created to read:
448.50 (5) "Sexual misconduct with a patient" means any of the following:
(a) Engaging in or soliciting a consensual or nonconsensual sexual relationship with a patient.
(b) Making sexual advances toward, requesting sexual favors from, or engaging in other verbal conduct or physical contact of a sexual nature with a patient.
(c) Intentionally viewing a completely or partially disrobed patient during the course of treatment if the viewing is not related to diagnosis or treatment.
70,14 Section 14. 448.50 (6) of the statutes is created to read:
448.50 (6) "Therapeutic intervention" means the purposeful and skilled interaction between a physical therapist, patient, and, if appropriate, individuals involved in the patient's care, using physical therapy procedures or techniques that are intended to produce changes in the patient's condition and that are consistent with diagnosis and prognosis.
70,15 Section 15. 448.51 (1) of the statutes is amended to read:
448.51 (1) Except as provided in s. 448.52, no person may practice physical therapy or designate himself or herself as a physical therapist or use or assume the title "physical therapist" or "physiotherapist" or "physical therapy technician" or append to the person's name the letters "P.T.", "P.T.T." or "R.P.T." or any other title, letters or designation which represents or may tend to represent the person as a physical therapist unless the person is licensed as a physical therapist under this subchapter.
70,16 Section 16. 448.51 (1e) of the statutes is created to read:
448.51 (1e) No person may designate himself or herself as a physical therapist or use or assume the title "physical therapist," "physiotherapist," "physical therapy technician," "licensed physical therapist," "registered physical therapist," "master of physical therapy," "master of science in physical therapy," or "doctorate in physical therapy," or append to the person's name the letters "P.T.," "P.T.T.," "L.P.T.," "R.P.T.," "M.P.T.," "M.S.P.T.," or "D.P.T.," or any other title, letters, or designation which represents or may tend to represent the person as a physical therapist, unless the person is licensed as a physical therapist under this subchapter.
70,17 Section 17. 448.51 (1s) of the statutes is created to read:
448.51 (1s) No person may designate himself or herself as a physical therapist assistant, use or assume the title "physical therapist assistant," or append to the person's name the letters "P.T.A." or any other title, letters, or designation that represents or may tend to represent the person as a physical therapist assistant unless the person is licensed as a physical therapist assistant under this subchapter.
70,18 Section 18. 448.51 (2) (a) of the statutes is amended to read:
448.51 (2) (a) In this subsection, "advertisement" includes advertisements that appear on outdoor signs, in print or electronic media, and in material mailed to a person other than a patient, client, or prospective patient or client who has requested the material.
70,19 Section 19. 448.51 (2) (b) of the statutes is amended to read:
448.51 (2) (b) Except as provided in par. (c) s. 448.52 (2m), no person may claim to render physical therapy or physiotherapy services unless the person is licensed as a physical therapist under this subchapter.
70,19e Section 19e. 448.51 (2) (c) of the statutes is repealed.
70,19m Section 19m. 448.52 (intro.) of the statutes is renumbered 448.52 (1m) (intro.) and amended to read:
448.52 (1m) (intro.) A license is not required under this subchapter for any of the following, if the person does not claim to render physical therapy or physiotherapy services as prohibited under s. 448.51 (2) (b):
70,19s Section 19s. 448.52 (1) and (2) of the statutes are renumbered 448.52 (1m) (a) and (b).
70,19v Section 19v. 448.52 (2m) of the statutes is created to read:
448.52 (2m) A license is not required under this subchapter for any of the following:
(a) Except as provided in par. (b), a chiropractor licensed under ch. 446 claiming to render physical therapy, if the physical therapy is provided by a physical therapist employed by the chiropractor.
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