(b) Subject to ss. 111.321, 111.322, and 111.34, practiced behavior analysis while his or her ability to engage in the practice was impaired by alcohol or other drugs.
(c) Advertised in a manner that is false or misleading.
(d) In the course of the practice of behavior analysis, made a substantial misrepresentation that was relied upon by a client.
(e) In the course of the practice of behavior analysis, engaged in conduct that evidences an inability to apply the principles or skills of behavior analysis.
(f) Obtained or attempted to obtain compensation through fraud or deceit.
(g) Allowed another person to use a license granted under this subchapter.
(h) Violated any law of this state or federal law that substantially relates to the practice of behavior analysis, violated this subchapter, or violated any rule promulgated under this subchapter.
(i) Engaged in unprofessional conduct.
(3) Subject to the rules promulgated under s. 440.03 (1), the department shall revoke a license granted under this subchapter if the behavior analyst is convicted of any of the offenses specified in 440.312 (2).
440.317 Advisory committee. The department may appoint an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of behavior analysts.
282,5
Section
5. Subchapter III of chapter 440 [precedes 440.41] of the statutes is renumbered subch. IV of ch. 440.
282,6
Section
6. Subchapter IV of chapter 440 [precedes 440.51] of the statutes is renumbered subch. V of ch. 440.
282,7
Section
7. Subchapter V of chapter 440 [precedes 440.60] of the statutes is renumbered subch. VI of ch. 440.
282,8
Section
8. Subchapter VI of chapter 440 [precedes 440.70] of the statutes is renumbered subch. VII of ch. 440.
282,9
Section
9. Subchapter VII of chapter 440 [precedes 440.88] of the statutes is renumbered subch. VIII of ch. 440.
282,10
Section
10. Subchapter VIII of chapter 440 [precedes 440.90] of the statutes is renumbered subch. IX of ch. 440.
282,11
Section
11. Subchapter IX of chapter 440 [precedes 440.96] of the statutes is renumbered subch. X of ch. 440.
282,12
Section
12. Subchapter X of chapter 440 [precedes 440.97] of the statutes is renumbered subch. XI of ch. 440.
282,13
Section
13. Subchapter XI of chapter 440 [precedes 440.98] of the statutes is renumbered subch. XII of ch. 440.
282,14
Section
14. Subchapter XII of chapter 440 [precedes 440.9805] of the statutes is renumbered subch. XIII of ch. 440.
282,15
Section
15. Subchapter XIII of chapter 440 [precedes 440.99] of the statutes is renumbered subch. XIV of ch. 440.
282,16
Section
16. 441.15 (2m) of the statutes is amended to read:
441.15 (2m) Subsection (2) does not apply to a person granted a license to practice midwifery under subch. XII XIII of ch. 440.
282,17
Section
17. 448.03 (2) (a) of the statutes is amended to read:
448.03 (2) (a) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice midwifery under subch. XII 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.
282,18
Section
18. 632.895 (12m) (b) 3m. of the statutes is created to read:
632.895 (12m) (b) 3m. A behavior analyst who is licensed under s. 440.312.
632.895 (12m) (b) 4. A paraprofessional working under the supervision of a provider listed under subds. 1. to 3. 3m.
282,20
Section
20.
Nonstatutory provisions.
(1) The department of regulation may promulgate rules under section 440.314 of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection may remain in effect until the effective date of permanent rules promulgated by the department under section 440.314 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department 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.
282,21
Section
21.
Initial applicability.
(1) If a disability insurance policy or a governmental self-insured health plan that is in effect on the effective date of this subsection contains a provision that is inconsistent with this act, this act first applies to that policy or plan on the date on which it is renewed.
282,22
Section
22.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The creation of subchapter III of ch. 440 of the statutes takes effect on the 30th day after publication.
