AB438: Bill Text

AB438,5,23 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5. and , 448.980 (5) (b) 3., and 448.985 (3) (a) 4.:

AB438,12 Section 12 . 440.03 (13) (b) (intro.) of the statutes, as affected by 2017 Wisconsin Act 135, section 14, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:

AB438,6,9 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5. and 448.985 (3) (a) 4.:

AB438,13 Section 13 . 440.15 of the statutes is amended to read:

AB438,6,15 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., and 448.980 (5) (b) 3., and 448.985 (3) (a) 4., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.

AB438,14 Section 14 . 440.15 of the statutes, as affected by 2017 Wisconsin Act 135, section 17, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:

AB438,6,22 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., and 448.985 (3) (a) 4., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.

AB438,15 Section 15 . 446.01 (1v) (d) of the statutes is amended to read:

AB438,7,3 446.01 (1v) (d) Physical therapy examining board under subch. III of ch. 448. “Health care professional” also includes an individual who holds a compact privilege under subch. IX of ch. 448.

AB438,16 Section 16 . 448.50 (1n) and (1o) of the statutes are created to read:

AB438,7,6 448.50 (1n) “Compact” means the physical therapy licensure compact under s. 448.985.

AB438,7,8 (1o) “Compact privilege” means a compact privilege, as defined in s. 448.985 (2) (d), that is granted under the compact to an individual to practice in this state.

AB438,17 Section 17 . 448.50 (3) and (3m) of the statutes are amended to read:

AB438,7,12 448.50 (3) “Physical therapist" means an individual who has been graduated from a school of physical therapy and holds a license to practice physical therapy granted by the examining board or who holds a physical therapist compact privilege.

AB438,7,15 (3m) “Physical therapist assistant" means an individual who holds a license as a physical therapist assistant granted by the examining board or who holds a physical therapist assistant compact privilege.

AB438,18 Section 18 . 448.51 of the statutes is amended to read:

AB438,7,19 448.51 License required. (1) Except as provided in s. 448.52, no person may practice physical therapy unless the person is licensed as a physical therapist under this subchapter or holds a valid physical therapist compact privilege.

AB438,8,3 (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 that represents or may tend to represent the person as a physical therapist, unless the person is licensed as a physical therapist under this subchapter or holds a valid physical therapist compact privilege.

AB438,8,9 (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 or holds a valid physical therapist assistant compact privilege.

AB438,8,13 (2) Except as provided in 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 or holds a valid physical therapist compact privilege.

AB438,19 Section 19 . 448.56 (2) of the statutes is amended to read:

AB438,8,21 448.56 (2) Fee splitting. No licensee or compact privilege holder may give or receive, directly or indirectly, to or from any other person any fee, commission, rebate, or other form of compensation or anything of value for sending, referring, or otherwise inducing a person to communicate with a licensee or compact privilege holder in a professional capacity, or for any professional services not actually rendered personally by the licensee or compact privilege holder or at the licensee's or compact privilege holder's direction.

AB438,20 Section 20 . 448.565 of the statutes is amended to read:

AB438,8,25 448.565 Complaints. The examining board shall promulgate rules establishing procedures and requirements for filing complaints against licensees and compact holders and shall publicize the procedures and requirements.

AB438,21 Section 21. 448.57 (2) (intro.), (c), (d) and (e), (4) and (5) of the statutes are amended to read:

AB438,9,7 448.57 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the examining board may reprimand a licensee or compact privilege holder or may deny, limit, suspend, or revoke a license granted under this subchapter or a compact privilege if it finds that the applicant or, licensee, or compact privilege holder has done any of the following:

AB438,9,8 (c) Advertised in a manner that is false, deceptive, or misleading.

AB438,9,9 (d) Advertised, practiced, or attempted to practice under another's name.

AB438,9,12 (e) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the practice of physical therapy while the applicant's or , licensee's, or compact privilege holder's ability to practice or assist was impaired by alcohol or other drugs.

AB438,9,15 (4) The examining board shall prepare and disseminate to the public an annual report that describes final disciplinary action taken against licensees and compact privilege holders during the preceding year.

AB438,9,18 (5) The examining board may report final disciplinary action taken against a licensee or compact privilege holder to any national database that includes information about disciplinary action taken against health care professionals.

AB438,22 Section 22 . 448.956 (1m) and (4) of the statutes are amended to read:

AB438,9,24 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter; under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact privilege under subch. IX of ch. 448.

AB438,10,8 (4) If a licensee or the consulting physician of the licensee determines that a patient's medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448; or who holds a compact privilege under subch. IX of ch. 448 and who can provide appropriate treatment to the patient.

AB438,23 Section 23 . Subchapter IX of chapter 448 [precedes 448.985] of the statutes is created to read:

AB438,10,11 CHAPTER 448

AB438,10,14 SUBCHAPTER IX Physical therapy licensure compact

AB438,10,21 448.985 Physical therapy licensure compact. (1) Purpose. (a) The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

AB438,10,22 (b) This compact is designed to achieve all of the following objectives:

AB438,10,24 1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.

AB438,10,25 2. Enhance the states' ability to protect the public's health and safety.

AB438,11,2 3. Encourage the cooperation of member states in regulating multistate physical therapy practice.

AB438,11,3 4. Support spouses of relocating military members.

AB438,11,5 5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.

AB438,11,7 6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

AB438,11,9 (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

AB438,11,12 (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC 1209 and 1211.

AB438,11,15 (b) “Adverse action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

AB438,11,18 (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

AB438,11,23 (d) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

AB438,12,3 (e) “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

AB438,12,5 (f) “Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

AB438,12,7 (g) “Encumbered license” means a license that a physical therapy licensing board has limited in any way.

AB438,12,9 (h) “Executive board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

AB438,12,11 (i) “Home state” means the member state that is the licensee's primary state of residence.

AB438,12,14 (j) “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

AB438,12,16 (k) “Jurisprudence requirement” means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.

AB438,12,19 (L) “Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

AB438,12,20 (m) “Member state” means a state that has enacted the compact.

AB438,12,22 (n) “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

AB438,12,24 (o) “Physical therapist” means an individual who is licensed by a state to practice physical therapy.

AB438,13,3 (p) “Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

AB438,13,6 (q) “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

AB438,13,9 (r) “Physical therapy compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

AB438,13,12 (s) “Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

AB438,13,14 (t) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

AB438,13,16 (u) “Rule” means a regulation, principle, or directive promulgated by the commission that has the force of law.

AB438,13,18 (v) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

AB438,13,20 (3) State participation in the compact. (a) To participate in the compact, a state must do all of the following:

AB438,13,22 1. Participate fully in the commission's data system, including using the commission's unique identifier as defined in rules.

AB438,13,24 2. Have a mechanism in place for receiving and investigating complaints about licensees.

AB438,14,3 3. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.

AB438,14,7 4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions in accordance with par. (b).

AB438,14,8 5. Comply with the rules of the commission.

AB438,14,10 6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission.

AB438,14,12 7. Have continuing competence requirements as a condition for license renewal.

AB438,14,16 (b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the federal bureau of investigation for a criminal background check in accordance with 28 USC 534 and 42 USC 14616.

AB438,14,19 (c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.

AB438,14,20 (d) Member states may charge a fee for granting a compact privilege.

AB438,14,22 (4) Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall satisfy all of the following:

AB438,14,23 1. Hold a license in the home state.

AB438,14,24 2. Have no encumbrance on any state license.

AB438,15,2 3. Be eligible for a compact privilege in any member state in accordance with pars. (d), (g), and (h).

AB438,15,4 4. Have not had any adverse action against any license or compact privilege within the previous 2 years.

AB438,15,6 5. Notify the commission that the licensee is seeking the compact privilege within a remote state(s).

AB438,15,7 6. Pay any applicable fees, including any state fee, for the compact privilege.

AB438,15,9 7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege.

AB438,15,11 8. Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.

AB438,15,14 (b) The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of par. (a) to maintain the compact privilege in the remote state.