AB64: Bill Text

AB64,866,3 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:

AB64,866,5 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB64,866,8 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.

AB64,2071 Section 2071. 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:

AB64,866,12 464.21 (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:

AB64,866,15 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:

AB64,866,17 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB64,2072 Section 2072. 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:

AB64,866,22 464.22 (2) (intro.) The affiliated credentialing examining board shall grant a license as an occupational therapist to a person who does all of the following:

AB64,866,24 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB64,867,5 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.

AB64,867,9 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.

AB64,867,10 (c) Passes an examination under s. 448.964 464.23.

AB64,867,12 (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:

AB64,867,14 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB64,867,19 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.

AB64,867,23 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.

AB64,867,24 (c) Passes an examination under s. 448.964 464.23.

AB64,868,3 (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:

AB64,868,6 (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.

AB64,868,10 (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.

AB64,2073 Section 2073. 448.964 of the statutes is renumbered 464.23, and 464.23 (1), as renumbered, is amended to read:

AB64,868,16 464.23 (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.

AB64,2074 Section 2074. 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:

AB64,868,21 464.24 (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:

AB64,868,23 (b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 464.25 (2).

AB64,869,3 (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.

AB64,2075 Section 2075. 448.966 of the statutes is renumbered 464.234 and amended to read:

AB64,869,12 464.234 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).

AB64,869,19 (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).

AB64,2076 Section 2076. 448.967 of the statutes is renumbered 464.25, and 464.25 (2), as renumbered, is amended to read:

AB64,870,2 464.25 (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).

AB64,2077 Section 2077. 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:

AB64,870,8 464.26 (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.

AB64,870,12 (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:

AB64,870,13 (c) Advertised in a manner that is false, deceptive, or misleading.

AB64,870,14 (d) Advertised, practiced, or attempted to practice under another's name.

AB64,870,16 (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).

AB64,2078 Section 2078. 448.969 (title) of the statutes is repealed.

AB64,2079 Section 2079. 448.969 of the statutes is renumbered 464.27 (3) and amended to read:

AB64,870,25 464.27 (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.

AB64,2080 Section 2080. 448.970 (title) of the statutes is repealed.

AB64,2081 Section 2081. 448.970 (1) of the statutes is renumbered 464.27 (1).

AB64,2082 Section 2082. 448.970 (2) of the statutes is renumbered 464.27 (2) and amended to read:

AB64,871,10 464.27 (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.

AB64,2083 Section 2083 . 449.01 (4) of the statutes is amended to read:

AB64,871,13 449.01 (4) Examining board. In this chapter, “examining board" means optometry examining board the medical examining board.

AB64,2084 Section 2084. 449.07 (title) of the statutes is repealed and recreated to read:

AB64,871,15 449.07 (title) Disciplinary proceedings and actions.

AB64,2085 Section 2085. 449.07 (2) of the statutes is created to read:

AB64,871,21 449.07 (2) The examining board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2086 Section 2086. 450.10 (3) (a) 5. of the statutes is amended to read:

AB64,871,25 450.10 (3) (a) 5. A physician, physician assistant, or podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448.

AB64,2087 Section 2087. 450.10 (3) (a) 5q. of the statutes is renumbered 450.10 (3) (a) 14. and amended to read:

AB64,872,3 450.10 (3) (a) 14. An athletic trainer licensed under subch. VI III of ch. 448 464.

AB64,2088 Section 2088. 450.10 (3) (a) 12. of the statutes is created to read:

AB64,872,6 450.10 (3) (a) 12. A physical therapist or physical therapist assistant licensed under subch. I of ch. 464.

AB64,2089 Section 2089. 450.10 (3) (a) 13. of the statutes is created to read:

AB64,872,9 450.10 (3) (a) 13. An occupational therapist or occupational therapist assistant licensed under subch. II of ch. 464.

AB64,2090 Section 2090 . 450.11 (8) (b) of the statutes is amended to read:

AB64,872,12 450.11 (8) (b) The medical examining board, insofar as this section applies to physicians and, physician assistants , and podiatrists.

AB64,2091 Section 2091. 450.11 (8) (bm) of the statutes is repealed.

AB64,2092 Section 2092. 451.02 (1) of the statutes is amended to read:

AB64,872,17 451.02 (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.

AB64,2093 Section 2093 . 454.06 (2) (c) of the statutes is amended to read:

AB64,872,22 454.06 (2) (c) Passes an examination conducted by the examining board to determine fitness to practice cosmetology, except that the examination requirement under this paragraph does not apply to an applicant who has successfully completed an apprenticeship under s. 454.10.

AB64,2094 Section 2094 . 454.10 (2) of the statutes is amended to read:

AB64,873,5 454.10 (2) Apprentices shall receive at least 3,712 hours of practical training and at least 288 training hours of theoretical instruction in a school of cosmetology licensed under s. 440.62 (3) (ar), exempted under s. 440.61, or accredited by an accrediting agency approved by the board in order to complete the apprenticeship program and be eligible to take the examination for a cosmetologist license. Apprentices shall receive training for a total of at least 32 hours per week. The training shall be completed in not less than 2 years and not more than 4 years.

AB64,2095 Section 2095 . 454.10 (4) of the statutes is amended to read:

AB64,873,10 454.10 (4) A person who has successfully completed the requirements of sub. (2) may not continue to practice as an apprentice but may apply for a temporary permit under s. 454.06 (10) (a) is not required to take the examination under s. 454.07.

AB64,2096 Section 2096 . 454.15 (3) of the statutes is amended to read:

AB64,873,17 454.15 (3) The examining board may, in addition to or in lieu of a reprimand or revocation, limitation, suspension or denial of a license or permit, assess a forfeiture of not more than $1,000 for each separate offense against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2097 Section 2097 . 454.23 (2) (e) of the statutes is amended to read:

AB64,873,22 454.23 (2) (e) The applicant passes an examination conducted by the department to determine fitness to practice barbering, except that the examination requirement under this paragraph does not apply to an applicant who has successfully completed an apprenticeship under s. 454.26.

AB64,2098 Section 2098 . 454.26 (2) of the statutes is amended to read:

AB64,874,8 454.26 (2) An apprentice in barbering shall receive at least 1,712 hours of practical training in barbering and at least 288 training hours of instruction in barbering in a school of barbering licensed under s. 440.62 (3) (ag) or accredited by an accrediting agency approved by the department, a school of cosmetology licensed under s. 440.62 (3) (ar) or accredited by an accrediting agency approved by the cosmetology examining board, or a school that is exempted under s. 440.61 in order to complete the apprenticeship program and be eligible to take the examination for a barber license. An apprentice in barbering shall receive training in barbering for a total of at least 32 hours per week. The training shall be completed in not more than 4 years.

AB64,2099 Section 2099 . 454.26 (4) of the statutes is amended to read:

AB64,874,13 454.26 (4) A person who successfully completes the requirements of sub. (2) may not continue to practice as an apprentice in barbering but may apply for a temporary permit under s. 454.23 (7) is not required to take the examination under s. 454.24.

AB64,2100 Section 2100. 454.287 of the statutes is repealed.

AB64,2101 Section 2101 . 454.29 (3) of the statutes is amended to read:

AB64,874,21 454.29 (3) The department may, in addition to or in lieu of a reprimand or revocation, limitation, suspension, or denial of a license or temporary permit, assess a forfeiture of not more than $1,000 for each separate offense against a person who has done any of the things under sub. (2) (a) to (i) a forfeiture of not more than $1,000 for each separate offense if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2102 Section 2102. 455.09 (title) of the statutes is repealed and recreated to read:

AB64,874,23 455.09 (title) Disciplinary proceedings and actions.

AB64,2103 Section 2103. 455.09 (1m) of the statutes is created to read:

AB64,875,5 455.09 (1m) The examining board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2104 Section 2104. 456.10 (title) of the statutes is repealed and recreated to read:

AB64,875,7 456.10 (title) Disciplinary proceedings and actions.

AB64,2105 Section 2105. 456.10 (3) of the statutes is created to read:

AB64,875,13 456.10 (3) The examining board may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.