SB910: Bill Text

2023 Senate BILL 910

January 11, 2024 - Introduced by Senator Testin, cosponsored by Representatives Magnafici, Gundrum, Donovan, Gustafson, Rodriguez and Schmidt. Referred to Committee on Licensing, Constitution and Federalism.

SB910,2,2 An Act to repeal 448.96 (1); to renumber 448.96 (intro.), 448.96 (2) and (3), 448.96 (5), subchapter XII (title) of chapter 448 [precedes 448.987], 448.987 and 448.9875 (title) and (1) (intro.); to renumber and amend 15.406 (5), 180.1901 (1m) (bu), 446.01 (1v) (h), subchapter VII (title) of chapter 448 [precedes 448.96], 448.96 (1n), 448.96 (1o), 448.96 (4), 448.96 (6), 448.961, 448.962, 448.963, 448.964, 448.965, 448.966, 448.967, 448.968, 448.969, 448.9695, 448.9875 (1) (a) and (b), 448.9875 (1) (c), 448.9875 (2) and (3) and 448.9875 (4); to amend 14.89, 15.08 (1m) (b), 15.085 (1m) (b), 49.45 (8) (a) 3., 49.45 (9r) (a) 7. c., 50.01 (2), 50.39 (3), 50.50 (7m), 146.40 (1) (d), 146.81 (1) (es), 146.997 (1) (d) 4., 154.07 (1) (a) (intro.), 155.01 (7), 165.77 (1) (a), 252.14 (1) (ar) 4p., 256.215 (2) (b), 302.384 (1m), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (11m) (c) 2r., 440.03 (13) (b) (intro.), 440.03 (13) (c), 440.094 (1) (c) 9., 440.094 (2) (a) (intro.), 440.15, 448.956 (1m), 450.10 (3) (a) 5., 451.02 (1) and 632.895 (12m) (b) 7.; and to create chapter 465 (title) and 465.01 (2) of the statutes; relating to: the Occupational Therapy Examining Board.

Analysis by the Legislative Reference Bureau

Under current law, occupational therapists and occupational therapy assistants are licensed by the Occupational Therapists Affiliated Credentialing Board. An affiliated credentialing board is defined as a body that is attached to an examining board to regulate a profession that does not practice independently of, or that practices in collaboration with, the profession regulated by the examining board.

The Occupational Therapists Affiliated Credentialing Board is attached to the Medical Examining Board and, with the advice of the Medical Examining Board, sets standards of professional competence and conduct for occupational therapists and occupational therapy assistants, assesses qualifications and grants credentials, and takes disciplinary actions.

This bill changes the Occupational Therapists Affiliated Credentialing Board to the Occupational Therapy Examining Board. Except that the board will no longer be attached to or advised by the Medical Examining Board, the Occupational Therapy Examining Board's duties and responsibilities remain the same under the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB910,1 Section 1. 14.89 of the statutes is amended to read:

SB910,2,8 14.89 Occupational therapy licensure compact. There is created an occupational therapy compact commission as specified in s. 448.987 465.50. The delegate of the commission representing this state shall be an individual described in s. 448.987 465.50 (8) (b) 2. The commission has the powers and duties granted and imposed under s. 448.987 465.50.

SB910,2 Section 2. 15.08 (1m) (b) of the statutes is amended to read:

SB910,3,9 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, the naturopathic medicine examining board, the physical therapy examining board, the occupational therapy examining board, the perfusionists examining council, the respiratory care practitioners examining council, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, the psychology examining board, and the radiography examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB910,3 Section 3. 15.085 (1m) (b) of the statutes is amended to read:

SB910,3,15 15.085 (1m) (b) The public members of the podiatry affiliated credentialing board, the occupational therapists affiliated credentialing board, the physician assistant affiliated credentialing board, and the genetic counselors affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB910,4 Section 4. 15.406 (5) of the statutes is renumbered 15.405 (7t), and 15.405 (7t) (intro.), (a) and (b), as renumbered, are amended to read:

SB910,3,22 15.405 (7t) Occupational therapists affiliated credentialing therapy examining board. (intro.) There is created in the department of safety and professional services, attached to the medical examining board, an occupational therapists affiliated credentialing therapy examining board consisting of the following members appointed for 4-year terms:

SB910,3,24 (a) Three occupational therapists who are licensed under subch. VII of ch. 448 I of ch. 465.

SB910,4,2 (b) Two occupational therapy assistants who are licensed under subch. VII of ch. 448 I of ch. 465.

SB910,5 Section 5. 49.45 (8) (a) 3. of the statutes is amended to read:

SB910,4,5 49.45 (8) (a) 3. “Occupational therapist" has the meaning given in s. 448.96 (4) 465.01 (7).

SB910,6 Section 6. 49.45 (9r) (a) 7. c. of the statutes is amended to read:

SB910,4,8 49.45 (9r) (a) 7. c. An occupational therapist who is licensed under subch. VII I of ch. 448 465 or who holds a compact privilege under subch. XII II of ch. 448 465.

SB910,7 Section 7. 50.01 (2) of the statutes is amended to read:

SB910,4,16 50.01 (2) “Nurse aide" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. “Nurse aide" does not mean a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 465; or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides.

SB910,8 Section 8. 50.39 (3) of the statutes is amended to read:

SB910,5,2 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448, and 465 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physician assistant affiliated credentialing board, physical therapy examining board, occupational therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

SB910,9 Section 9. 50.50 (7m) of the statutes is amended to read:

SB910,5,5 50.50 (7m) “Occupational therapy" has the meaning given in s. 448.96 (5) 465.01 (8).

SB910,10 Section 10. 146.40 (1) (d) of the statutes is amended to read:

SB910,5,15 146.40 (1) (d) “Nurse aide" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. “Nurse aide" does not mean a feeding assistant, an individual who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 465 or an individual whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides approved under sub. (3) or (3g) or evaluated by competency evaluation programs for nurse aides approved under sub. (3m).

SB910,11 Section 11. 146.81 (1) (es) of the statutes is amended to read:

SB910,5,19 146.81 (1) (es) An occupational therapist or occupational therapy assistant who is licensed under subch. VII I of ch. 448 465 or who holds a compact privilege under subch. XII II of ch. 448 465.

SB910,12 Section 12. 146.997 (1) (d) 4. of the statutes is amended to read:

SB910,6,2 146.997 (1) (d) 4. A physician, physician assistant, podiatrist, perfusionist, 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 who holds a compact privilege under subch. XII II of ch. 448 465.

SB910,13 Section 13. 154.07 (1) (a) (intro.) of the statutes is amended to read:

SB910,6,8 154.07 (1) (a) (intro.) No health care professional, inpatient health care facility, or person who is licensed, certified, or registered under ch. 441, 448, or 455, or 465 or holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465 and who is acting under the direction of a health care professional may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:

SB910,14 Section 14. 155.01 (7) of the statutes is amended to read:

SB910,6,25 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch. 448, an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XII II of ch. 448 465, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

SB910,15 Section 15. 165.77 (1) (a) of the statutes is amended to read:

SB910,7,7 165.77 (1) (a) “Health care professional" means a person who is licensed, certified, or registered under ch. 441, 448, or 455, or 465; a person who holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465; or a person who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

SB910,16 Section 16. 180.1901 (1m) (bu) of the statutes is renumbered 180.1901 (1m) (gm) and amended to read:

SB910,7,11 180.1901 (1m) (gm) Occupational therapists affiliated credentialing therapy examining board under subch. VII of ch. 448 465.

SB910,17 Section 17. 252.14 (1) (ar) 4p. of the statutes is amended to read:

SB910,7,15 252.14 (1) (ar) 4p. An occupational therapist or occupational therapy assistant who is licensed under subch. VII I of ch. 448 465 or who holds a compact privilege under subch. XII II of ch. 448 465.

SB910,18 Section 18. 256.215 (2) (b) of the statutes is amended to read:

SB910,7,23 256.215 (2) (b) The emergency medical services provider establishes, submits to the department, and maintains patient care protocols corresponding to the appropriate service level to be used by a community paramedic or a community emergency medical services practitioner. The emergency medical services provider may include in a patient care protocol only those services that do not require a license, certificate, or other credential under subch. II, III, or IV, or VII of ch. 448 or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459, or 465 to provide.

SB910,19 Section 19. 302.384 (1m) of the statutes is amended to read:

SB910,8,6 302.384 (1m) In this section, “health care professional" means a person licensed, certified, or registered under ch. 441, 448, or 455, or 465; or a person who holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465; or a psychologist who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

SB910,20 Section 20. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB910,8,12 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 448.986 (2) and 448.9875 465.51 (2) by doing all of the following:

SB910,21 Section 21. 440.03 (9) (a) 2. of the statutes is amended to read:

SB910,9,2 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2) and 448.9875 465.51 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

SB910,22 Section 22. 440.03 (11m) (c) 2r. of the statutes is amended to read:

SB910,9,6 440.03 (11m) (c) 2r. The coordinated database and reporting system under s. 448.987 465.50 (9), if such disclosure is required under the occupational therapy licensure compact under s. 440.987 465.50.

SB910,23 Section 23. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB910,9,15 440.03 (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., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 465.50 (3) (a) 5. a. and (5) (b) 2. a.:

SB910,24 Section 24. 440.03 (13) (c) of the statutes is amended to read:

SB910,9,25 440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17), an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact license under s. 448.05 (2) (f), an applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 465.50 (4), an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 465.50 (5) (b) 2. a., an applicant for a psychologist license under s. 455.04, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

SB910,25 Section 25. 440.094 (1) (c) 9. of the statutes is amended to read:

SB910,10,19 440.094 (1) (c) 9. An occupational therapist or occupational therapy assistant licensed under subch. VII I of ch. 448 465.

SB910,26 Section 26. 440.094 (2) (a) (intro.) of the statutes is amended to read:

SB910,11,2 440.094 (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:

SB910,27 Section 27. 440.15 of the statutes is amended to read:

SB910,11,10 440.15 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.

SB910,28 Section 28. 446.01 (1v) (h) of the statutes is renumbered 446.01 (1v) (p) and amended to read:

SB910,11,16 446.01 (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.

SB910,29 Section 29. 448.956 (1m) of the statutes is amended to read:

SB910,11,24 448.956 (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.

SB910,30 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:

SB910,12,4 CHAPTER 465

SB910,12,5 SUBCHAPTER i

SB910,12,8 OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING THERAPY examining BOARD

SB910,31 Section 31. 448.96 (intro.) of the statutes is renumbered 465.01 (intro.).

SB910,32 Section 32. 448.96 (1) of the statutes is repealed.

SB910,33 Section 33. 448.96 (1n) of the statutes is renumbered 465.01 (3) and amended to read:

SB910,12,14 465.01 (3) “Compact" means the occupational therapy licensure compact under s. 448.987 465.50.

SB910,34 Section 34. 448.96 (1o) of the statutes is renumbered 465.01 (4) and amended to read:

SB910,12,19 465.01 (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.

SB910,35 Section 35. 448.96 (2) and (3) of the statutes are renumbered 465.01 (5) and (6).

SB910,36 Section 36. 448.96 (4) of the statutes is renumbered 465.01 (7) and amended to read:

SB910,13,3 465.01 (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.

SB910,37 Section 37. 448.96 (5) of the statutes is renumbered 465.01 (8).

SB910,38 Section 38. 448.96 (6) of the statutes is renumbered 465.01 (9) and amended to read: