AB726: Bill Text

AB726,355 Section 355. 448.961 (title) of the statutes is renumbered 464.21 (title).

AB726,356 Section 356. 448.961 (1) of the statutes is renumbered 464.21 (1) (a) and amended to read:

AB726,91,5 464.21 (1) (a) Except as provided in s. 448.962 (1) sub. (2) (a), a person who is not licensed as an occupational therapist may not practice occupational therapy, designate himself or herself as an occupational therapist, claim to render occupational therapy services, or use the abbreviation "O.T." or "O.T.R." after the person's name.

AB726,357 Section 357. 448.961 (2) of the statutes is renumbered 464.21 (1) (b) and amended to read:

AB726,91,13 464.21 (1) (b) Except as provided in s. 448.962 (2) sub. (2) (b), a person who is not licensed as an occupational therapy assistant may not assist in the practice of occupational therapy, describe himself or herself as an occupational therapy assistant, or claim to render occupational therapy services as an occupational therapy assistant or use the abbreviation "O.T.A." or "C.O.T.A." after the person's name.

AB726,358 Section 358. 448.962 (intro.) of the statutes is repealed.

AB726,359 Section 359. 448.962 (1) of the statutes is renumbered 464.21 (2) (a), and 464.21 (2) (a) (intro.), 3. (intro.), 4. and 5., as renumbered, are amended to read:

AB726,91,18 464.21 (2) (a) (intro.) Require any of the following None of the following is required to be licensed as an occupational therapist under this subchapter:

AB726,91,21 3. (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 464.22 (4), if at least one of the following applies:

AB726,91,23 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB726,92,3 5. Any person assisting an occupational therapist or occupational therapy assistant in practice under the direct, immediate, and on-premises supervision of the occupational therapist or occupational therapy assistant.

AB726,360 Section 360. 448.962 (2) of the statutes is renumbered 464.21 (2) (b), and 464.21 (2) (b) (intro.), 3. and 4., as renumbered, are amended to read:

AB726,92,7 464.21 (2) (b) (intro.) Require any of the following None of the following is required to be licensed as an occupational therapy assistant under this subchapter:

AB726,92,10 3. (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 464.22 (4), if at least one of the following applies:

AB726,92,12 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB726,361 Section 361. 448.963 of the statutes is renumbered 464.22, and 464.22 (2) (intro.), (b) (intro.), 1. and 3. and (c), (3) (intro.), (b) (intro.), 1. and 3. and (c) and (4) (intro.), (a) and (b), as renumbered, are amended to read:

AB726,92,17 464.22 (2) (intro.) The affiliated credentialing examining board shall grant a license as an occupational therapist to a person who does all of the following:

AB726,92,19 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB726,92,24 1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing examining board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.

AB726,93,4 3. Been initially certified as an occupational therapist by the National Board for Certification in Occupational Therapy, if the affiliated credentialing examining board determines that the requirements for the certification are equivalent to the requirements under subds. 1. and 2.

AB726,93,5 (c) Passes an examination under s. 448.964 464.23.

AB726,93,7 (3) (intro.) The affiliated credentialing examining board shall grant a license as an occupational therapy assistant to a person who does all of the following:

AB726,93,9 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB726,93,14 1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing examining board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.

AB726,93,18 3. Been initially certified as an occupational therapy assistant by the National Board for Certification in Occupational Therapy, if the affiliated credentialing examining board determines that the requirements for the certification are equivalent to the requirements under subds. 1. and 2.

AB726,93,19 (c) Passes an examination under s. 448.964 464.23.

AB726,93,22 (4) (intro.) The affiliated credentialing examining board may, upon application, issue a permit for a limited period of time designated by the affiliated credentialing examining board to any of the following:

AB726,93,25 (a) A person who presents evidence satisfactory to the affiliated credentialing examining board of having met the requirements under sub. (2) (b) 1. or 2., to practice occupational therapy in association with an occupational therapist.

AB726,94,4 (b) A person who presents evidence satisfactory to the affiliated credentialing examining board of having met the requirements under sub. (3) (b) 1. or 2., to assist in the practice of occupational therapy under the supervision of an occupational therapist.

AB726,362 Section 362. 448.964 of the statutes is renumbered 464.23, and 464.23 (1), as renumbered, is amended to read:

AB726,94,10 464.23 (1) The affiliated credentialing examining board shall conduct or arrange for examinations required for occupational therapist and occupational therapy assistant licensure under s. 448.963 464.22 (2) (c) and (3) (c) at times and places determined by the affiliated credentialing board.

AB726,363 Section 363. 448.965 of the statutes is renumbered 464.24, and 464.24 (title), (1) (intro.) and (b) and (2), as renumbered, are amended to read:

AB726,94,15 464.24 (title) Duties and powers of affiliated credentialing examining board. (1) (intro.) The affiliated credentialing examining board shall promulgate rules that establish each of the following:

AB726,94,17 (b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 464.25 (2).

AB726,94,20 (2) The affiliated credentialing examining board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.

AB726,364 Section 364. 448.966 of the statutes is renumbered 464.234 and amended to read:

AB726,95,4 464.234 Reciprocal licensure. (1) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing examining board shall grant a license as an occupational therapist to a person who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing examining board determines that the requirements for receiving the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 448.963 464.22 (2).

AB726,95,11 (2) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing examining board shall grant a license as an occupational therapy assistant to a person who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing examining board determines that the requirements for receiving the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 448.963 464.22 (3).

AB726,365 Section 365. 448.967 of the statutes is renumbered 464.25, and 464.25 (2), as renumbered, is amended to read:

AB726,95,19 464.25 (2) The renewal dates for licenses granted under this subchapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and a statement attesting compliance with the continuing education requirements established in rules promulgated under s. 448.965 464.24 (1) (b).

AB726,366 Section 366. 448.968 of the statutes is renumbered 464.26, and 464.26 (1) and (2) (intro.), (c), (d) and (f), as renumbered, are amended to read:

AB726,95,25 464.26 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB726,96,4 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board may reprimand a licensee or deny, limit, suspend, or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:

AB726,96,5 (c) Advertised in a manner that is false, deceptive, or misleading.

AB726,96,6 (d) Advertised, practiced, or attempted to practice under another's name.

AB726,96,8 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.965 464.24 (1) (c).

AB726,367 Section 367. 448.969 (title) of the statutes is repealed.

AB726,368 Section 368. 448.969 of the statutes is renumbered 464.27 (3) and amended to read:

AB726,96,17 464.27 (3) If the affiliated credentialing examining board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing examining board, the department, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

AB726,369 Section 369. 448.970 (title) of the statutes is repealed.

AB726,370 Section 370. 448.970 (1) of the statutes is renumbered 464.27 (1).

AB726,371 Section 371. 448.970 (2) of the statutes is renumbered 464.27 (2) and amended to read:

AB726,97,2 464.27 (2) Any person aggrieved by any action taken under this subchapter by the affiliated credentialing examining board, its officers, or its agents may apply for judicial review as provided in ch. 227, and shall file notice of such appeal with the secretary of the affiliated credentialing examining board within 30 days. No court of this state may enter an ex parte stay of any action taken by the affiliated credentialing examining board under this subchapter.

AB726,372 Section 372. 450.10 (3) (a) 5. of the statutes is amended to read:

AB726,97,6 450.10 (3) (a) 5. A physician, physician assistant, or podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448.

AB726,373 Section 373. 450.10 (3) (a) 5q. of the statutes is renumbered 450.10 (3) (a) 14. and amended to read:

AB726,97,9 450.10 (3) (a) 14. An athletic trainer licensed under subch. VI III of ch. 448 464.

AB726,374 Section 374. 450.10 (3) (a) 12. of the statutes is created to read:

AB726,97,12 450.10 (3) (a) 12. A physical therapist or physical therapist assistant licensed under subch. I of ch. 464.

AB726,375 Section 375. 450.10 (3) (a) 13. of the statutes is created to read:

AB726,97,15 450.10 (3) (a) 13. An occupational therapist or occupational therapist assistant licensed under subch. II of ch. 464.

AB726,376 Section 376. 450.11 (8) (b) of the statutes is amended to read:

AB726,97,18 450.11 (8) (b) The medical examining board, insofar as this section applies to physicians and, physician assistants , and podiatrists.

AB726,377 Section 377. 450.11 (8) (bm) of the statutes is repealed.

AB726,378 Section 378. 451.02 (1) of the statutes is amended to read:

AB726,97,23 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448 or, 449, or 464 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit or certificate.

AB726,379 Section 379. 457.01 (1c) of the statutes is amended to read:

AB726,98,3 457.01 (1c) "Advanced practice social worker" means an individual who holds an advanced practice social worker certificate granted by the social worker section under this chapter.

AB726,380 Section 380. 457.01 (1r) of the statutes is amended to read:

AB726,98,7 457.01 (1r) "Clinical social worker" means an individual who holds a license to practice clinical social work granted by the social worker section under this chapter.

AB726,381 Section 381. 457.01 (2g) of the statutes is amended to read:

AB726,98,11 457.01 (2g) "Independent social worker" means an individual who holds an independent social worker certificate granted by the social worker section under this chapter.

AB726,382 Section 382. 457.01 (3) of the statutes is amended to read:

AB726,98,15 457.01 (3) "Marriage and family therapist" means an individual who holds a license to practice marriage and family therapy granted by the marriage and family therapist section under this chapter.

AB726,383 Section 383. 457.01 (4) of the statutes is repealed.

AB726,384 Section 384. 457.01 (7) of the statutes is amended to read:

AB726,98,20 457.01 (7) "Professional counselor" means an individual who holds a license to practice professional counseling granted by the professional counselor section under this chapter.

AB726,385 Section 385. 457.01 (8) of the statutes is repealed.

AB726,386 Section 386. 457.01 (10) of the statutes is amended to read:

AB726,98,24 457.01 (10) "Social worker" means an individual who holds a social worker certificate granted by the social worker section under this chapter.

AB726,387 Section 387. 457.01 (11) of the statutes is repealed.

AB726,388 Section 388. 457.03 (1) of the statutes is amended to read:

AB726,99,9 457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate Promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.

AB726,389 Section 389. 457.03 (2) of the statutes is amended to read:

AB726,99,18 457.03 (2) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate Promulgate rules establishing a code of ethics to govern the professional conduct of certificate holders and licensees. The rules shall specify the services included within the practice of social work, advanced practice social work, or independent social work that an individual who is certified under this chapter as a social worker, advanced practice social worker, or independent social worker may perform and the degree of supervision, if any, required to perform those services.

AB726,390 Section 390. 457.03 (3) of the statutes is amended to read:

AB726,99,24 457.03 (3) Upon the advice of the social worker section, promulgate Promulgate rules establishing levels of social work practice for individuals with master's or doctoral degrees in social work, in addition to the levels of practice for which certificates are granted under s. 457.08 (2) and (3), and establishing appropriate educational, training, experience, examination, and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection.

AB726,391 Section 391. 457.04 (8) (a) 1. of the statutes is amended to read:

AB726,100,7 457.04 (8) (a) 1. The name, address, and telephone number of, and any other contact information available for, the appropriate section official of the examining board that or department who is responsible for receiving a complaint and investigating and conducting a hearing under for purposes of s. 457.26 (1).