AB959: Bill Text

AB959,11,2 440.094 (2) (a) (intro.) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, and 465.03, a health care provider may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply:

AB959,27 Section 27. 440.15 of the statutes is amended to read:

AB959,11,10 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 465.50 (3) (a) 5. a. and (5) (b) 2. a., 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.

AB959,28 Section 28. 446.01 (1v) (h) of the statutes is renumbered 446.01 (1v) (p) and amended to read:

AB959,11,16 446.01 (1v) (p) Occupational therapists affiliated credentialing therapy examining board under subch. VII I of ch. 448 465. “Health care professional" also includes an individual who holds a compact privilege under subch. XII II of ch. 448 465.

AB959,29 Section 29. 448.956 (1m) of the statutes is amended to read:

AB959,11,24 448.956 (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, or V, or VII of this chapter; under ch. 446; under subch. I of ch. 465; or under s. 441.16 (2) or from a practitioner who holds a compact privilege under subch. XI or XII of ch. 448 or subch. II of ch. 465.

AB959,30 Section 30. Subchapter VII (title) of chapter 448 [precedes 448.96] of the statutes is renumbered subchapter I (title) of chapter 465 [precedes 465.01] and amended to read:

AB959,12,4 CHAPTER 465

AB959,12,5 SUBCHAPTER i

AB959,12,8 OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING THERAPY examining BOARD

AB959,31 Section 31. 448.96 (intro.) of the statutes is renumbered 465.01 (intro.).

AB959,32 Section 32. 448.96 (1) of the statutes is repealed.

AB959,33 Section 33. 448.96 (1n) of the statutes is renumbered 465.01 (3) and amended to read:

AB959,12,14 465.01 (3) “Compact" means the occupational therapy licensure compact under s. 448.987 465.50.

AB959,34 Section 34. 448.96 (1o) of the statutes is renumbered 465.01 (4) and amended to read:

AB959,12,19 465.01 (4) “Compact privilege" means a compact privilege, as defined in s. 448.987 465.50 (2) (d), that is granted under the compact to an individual to practice in this state.

AB959,35 Section 35. 448.96 (2) and (3) of the statutes are renumbered 465.01 (5) and (6).

AB959,36 Section 36. 448.96 (4) of the statutes is renumbered 465.01 (7) and amended to read:

AB959,13,3 465.01 (7) “Occupational therapist" means an individual who is licensed by the affiliated credentialing board to practice occupational therapy or who holds an occupational therapist compact privilege.

AB959,37 Section 37. 448.96 (5) of the statutes is renumbered 465.01 (8).

AB959,38 Section 38. 448.96 (6) of the statutes is renumbered 465.01 (9) and amended to read:

AB959,13,10 465.01 (9) “Occupational therapy assistant" means an individual who is licensed by the affiliated credentialing board to assist in the practice of occupational therapy under the supervision of an occupational therapist or who holds an occupational therapy assistant compact privilege.

AB959,39 Section 39. 448.961 of the statutes is renumbered 465.03 and amended to read:

AB959,13,18 465.03 License required. (1) Except as provided in s. 448.962 465.05 (1), no person may 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 unless the person is licensed as an occupational therapist or holds a valid occupational therapist compact privilege.

AB959,13,24 (2) Except as provided in s. 448.962 465.05 (2), no person may assist in the practice of occupational therapy, describe himself or herself as an occupational therapy assistant, 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 unless the person is licensed as an occupational therapy assistant or holds a valid occupational therapy assistant compact privilege.

AB959,40 Section 40. 448.962 of the statutes is renumbered 465.05, and 465.05 (1) (c) (intro.) and (2) (c) (intro.), as renumbered, are amended to read:

AB959,14,5 465.05 (1) (c) (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 465.07 (4), if at least one of the following applies:

AB959,14,8 (2) (c) (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 465.07 (4), if at least one of the following applies:

AB959,41 Section 41. 448.963 of the statutes is renumbered 465.07, and 465.07 (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:

AB959,14,13 465.07 (2) (intro.) The affiliated credentialing board shall grant a license as an occupational therapist to a person who does all of the following:

AB959,14,15 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:

AB959,14,20 1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.

AB959,14,24 3. Been initially certified as an occupational therapist by the National Board for Certification in Occupational Therapy, if the affiliated credentialing board determines that the requirements for the certification are equivalent to the requirements under subds. 1. and 2.

AB959,14,25 (c) Passes an examination under s. 448.964 465.09.

AB959,15,2 (3) (intro.) The affiliated credentialing board shall grant a license as an occupational therapy assistant to a person who does all of the following:

AB959,15,4 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:

AB959,15,9 1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.

AB959,15,13 3. Been initially certified as an occupational therapy assistant by the National Board for Certification in Occupational Therapy, if the affiliated credentialing board determines that the requirements for the certification are equivalent to the requirements under subds. 1. and 2.

AB959,15,14 (c) Passes an examination under s. 448.964 465.09.

AB959,15,17 (4) (intro.) The affiliated credentialing board may, upon application, issue a permit for a limited period of time designated by the affiliated credentialing board to any of the following:

AB959,15,20 (a) A person who presents evidence satisfactory to the affiliated credentialing board of having met the requirements under sub. (2) (b) 1. or 2., to practice occupational therapy in association with an occupational therapist.

AB959,15,23 (b) A person who presents evidence satisfactory to the affiliated credentialing 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.

AB959,42 Section 42. 448.964 of the statutes is renumbered 465.09, and 465.09 (1), as renumbered, is amended to read:

AB959,16,4 465.09 (1) The affiliated credentialing board shall conduct or arrange for examinations required for occupational therapist and occupational therapy assistant licensure under s. 448.963 465.07 (2) (c) and (3) (c) at times and places determined by the affiliated credentialing board.

AB959,43 Section 43. 448.965 of the statutes is renumbered 465.11, and 465.11 (title), (1) (intro.) and (b) and (2), as renumbered, are amended to read:

AB959,16,9 465.11 (title) Duties and powers of affiliated credentialing board. (1) (intro.) The affiliated credentialing board shall promulgate rules that establish each of the following:

AB959,16,11 (b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 465.14 (2).

AB959,16,14 (2) The affiliated credentialing board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.

AB959,44 Section 44. 448.966 of the statutes is renumbered 465.13 and amended to read:

AB959,16,23 465.13 Reciprocal licensure. (1) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing 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 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. 448.963 465.07 (2).

AB959,17,4 (2) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing 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 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. 448.963 465.07 (3).

AB959,45 Section 45. 448.967 of the statutes is renumbered 465.14, and 465.14 (2), as renumbered, is amended to read:

AB959,17,12 465.14 (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. 448.965 465.11 (1) (b).

AB959,46 Section 46. 448.968 of the statutes is renumbered 465.15, and 465.15 (1) and (2) (intro.) and (f), as renumbered, are amended to read:

AB959,17,18 465.15 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB959,17,23 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or compact privilege holder or deny, limit, suspend or revoke a license granted under this subchapter or a compact privilege if it finds that the applicant, licensee, or compact privilege holder has done any of the following:

AB959,17,25 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.965 465.11 (1) (c).

AB959,47 Section 47. 448.969 of the statutes is renumbered 465.17 and amended to read:

AB959,18,8 465.17 Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing 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.

AB959,48 Section 48. 448.9695 of the statutes is renumbered 465.19, and 465.19 (2), as renumbered, is amended to read:

AB959,18,16 465.19 (2) Any person aggrieved by any action taken under this subchapter by the affiliated credentialing 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 board within 30 days. No court of this state may enter an ex parte stay of any action taken by the affiliated credentialing board under this subchapter.

AB959,49 Section 49. Subchapter XII (title) of chapter 448 [precedes 448.987] of the statutes is renumbered subchapter II (title) of chapter 465 [precedes 465.50].

AB959,50 Section 50. 448.987 of the statutes is renumbered 465.50.

AB959,51 Section 51. 448.9875 (title) and (1) (intro.) of the statutes are renumbered 465.51 (title) and (1) (intro.).

AB959,52 Section 52. 448.9875 (1) (a) and (b) of the statutes are renumbered 465.51 (1) (b) and (c) and amended to read:

AB959,18,25 465.51 (1) (b) “Compact” means the occupational therapy licensure compact under s. 448.987 465.50.

AB959,19,3 (c) “Compact privilege” means a compact privilege, as defined in s. 448.987 465.50 (2) (d), that is granted under the compact to an individual to practice in this state.

AB959,53 Section 53. 448.9875 (1) (c) of the statutes is renumbered 465.51 (1) (a) and amended to read:

AB959,19,7 465.51 (1) (a) “Examining board” “Board” means the occupational therapists affiliated credentialing therapy examining board.

AB959,54 Section 54. 448.9875 (2) and (3) of the statutes are renumbered 465.51 (2) and (3) and amended to read:

AB959,19,11 465.51 (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.987 465.50 (3) (c).

AB959,19,15 (3) The examining board may, by rule, require an individual seeking a compact privilege to meet a jurisprudence requirement in accordance with s. 448.987 465.50 (4) (a) 9., if such a requirement is imposed by the examining board under s. 448.964 465.09 in order to obtain a license under s. 448.963 465.07.

AB959,55 Section 55. 448.9875 (4) of the statutes is renumbered 465.51 (4), and 465.51 (4) (b), as renumbered, is amended to read:

AB959,19,21 465.51 (4) (b) Subject to s. 448.987 465.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. VII II.

AB959,56 Section 56. 450.10 (3) (a) 5. of the statutes is amended to read:

AB959,20,3 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448, a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch. 448, or an occupational therapist or occupational therapy assistant who is licensed under subch. I of ch. 465 or holds a compact privilege under subch. XII II of ch. 448 465.

AB959,57 Section 57. 451.02 (1) of the statutes is amended to read:

AB959,20,8 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448, or 449, or 465 or a compact privilege under subch. XI or XII of ch. 448 or subch. II of ch. 465 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit, certificate, or privilege.

AB959,58 Section 58. Chapter 465 (title) of the statutes is created to read:

AB959,20,11 CHAPTER 465 OCCUPATIONAL THERAPY

AB959,59 Section 59. 465.01 (2) of the statutes is created to read:

AB959,20,13 465.01 (2) “Board” means the occupational therapy examining board.

AB959,60 Section 60. 632.895 (12m) (b) 7. of the statutes is amended to read:

AB959,20,16 632.895 (12m) (b) 7. An occupational therapist, as defined in s. 448.96 (4) 465.01 (7).

AB959,61 Section 61. Nonstatutory provisions.

AB959,21,2 (1) Transitional provisions. All members serving terms on the occupational therapists affiliated credentialing board on the effective date of this subsection are transferred to the occupational therapy examining board; each member's term on the occupational therapy examining board shall expire on the date it would have expired on the occupational therapists affiliated credentialing board. Any matter pending with the occupational therapists affiliated credentialing board on the effective date of this subsection is transferred to the occupational therapy examining board, and all materials submitted to or actions taken by the occupational therapists affiliated credentialing board with respect to the pending matter are considered as having been submitted to or taken by the occupational therapists examining board.

AB959,21,3 (End)