1999 WISCONSIN ACT 180
An Act to repeal 15.407 (1) (title) and (intro.), 15.407 (1) (c), 146.81 (1) (e), 448.01 (2m), 448.04 (1) (g) (title), 448.04 (1) (g) 1. and 2., 448.04 (1) (g) 3. (intro.), 448.04 (1) (g) 3. a., 448.04 (1) (h) (title), 448.05 (5m) (title), 448.05 (5m) (a) (intro.), 448.05 (5m) (b) (intro.), 448.05 (5m) (b) 1. and 448.13 (2); to renumber 448.03 (3) (f) 1., 448.03 (3) (f) 2., 448.03 (3) (g) 1., 448.03 (3) (g) 2., 448.13 (1) (a) and 448.90; to renumber and amend 15.407 (1) (d), 448.01 (2g), 448.01 (2r), 448.03 (3) (f) (intro.), 448.03 (3) (f) 3., 448.03 (3) (g) (intro.), 448.03 (3) (g) 3., 448.04 (1) (g) 3. b., 448.04 (1) (h), 448.05 (5m) (a) 1., 448.05 (5m) (a) 2., 448.05 (5m) (b) 2., 448.13 (1) (b), 448.40 (2) (b), 448.40 (2) (c) and 448.40 (2) (d); to amend 15.08 (1m) (b), 15.085 (1m) (b), 49.45 (8) (a) 3., 50.50 (7m), 146.81 (1) (d), 155.01 (7), 252.14 (1) (ar) 4., 448.02 (2), 448.06 (1), 448.07 (1) (d), 448.40 (2) (e) and 450.10 (3) (a) 5.; and to create 15.406 (5), 146.81 (1) (dg), 146.81 (1) (dr), 146.81 (1) (es), 180.1901 (1m) (bu), 252.14 (1) (ar) 4e., 252.14 (1) (ar) 4g., 252.14 (1) (ar) 4p. and subchapter VII of chapter 448 [precedes 448.96] of the statutes; relating to: the regulation of occupational therapists and occupational therapy assistants, creating an occupational therapists affiliated credentialing board, requiring the exercise of rule-making authority and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
180,1
Section
1. 15.08 (1m) (b) of the statutes is amended to read:
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, occupational therapy examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the examining board of social workers, marriage and family therapists and professional counselors and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.
180,2
Section
2. 15.085 (1m) (b) of the statutes is amended to read:
15.085 (1m) (b) The public members of the physical therapists affiliated credentialing board and the, podiatrists affiliated credentialing board or occupational therapists affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.
180,3
Section
3. 15.406 (5) of the statutes is created to read:
15.406 (5) Occupational therapists affiliated credentialing board. There is created in the department of regulation and licensing, attached to the medical examining board, an occupational therapists affiliated credentialing board consisting of the following members appointed for 4-year terms:
(a) Three occupational therapists who are licensed under subch. VII of ch. 448.
(b) Two occupational therapy assistants who are licensed under subch. VI of ch. 448.
(c) Two public members.
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Section
4. 15.407 (1) (title) and (intro.) of the statutes are repealed.
180,5
Section
5. 15.407 (1) (c) of the statutes is repealed.
180,6
Section
6. 15.407 (1) (d) of the statutes is renumbered 15.407 (1m) and amended to read:
15.407 (1m) Respiratory care practitioners examining council. There is created a respiratory care practitioners examining council consisting in the department of regulation and licensing and serving the medical examining board in an advisory capacity in the formulating of rules to be promulgated by the medical examining board for the regulation of respiratory care practitioners. The respiratory care practitioners examining council shall consist of 3 certified respiratory care practitioners, each of whom shall have engaged in the practice of respiratory care for at least 3 years preceding appointment, one physician and one public member. The respiratory care practitioner and physician members shall be appointed by the medical examining board. The members of the examining council shall serve 3-year terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respiratory care practitioners examining council.
180,7
Section
7. 49.45 (8) (a) 3. of the statutes is amended to read:
49.45 (8) (a) 3. "Occupational therapist" has the meaning given in s. 448.01 (2g) 448.96 (4).
180,8
Section
8. 50.50 (7m) of the statutes is amended to read:
50.50 (7m) "Occupational therapy" has the meaning given in s. 448.01 (2m) 448.96 (5).
146.81 (1) (d) A physician, physician assistant, podiatrist or physical therapist or respiratory care practitioner licensed or certified under subch. II of ch. 448.
180,10
Section
10. 146.81 (1) (dg) of the statutes is created to read:
146.81 (1) (dg) A physical therapist licensed under subch. III of ch. 448.
180,11
Section
11. 146.81 (1) (dr) of the statutes is created to read:
146.81 (1) (dr) A podiatrist licensed under subch. IV of ch. 448.
180,13
Section
13. 146.81 (1) (es) of the statutes is created to read:
146.81 (1) (es) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.
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, podiatrist, physical therapist, occupational therapist or occupational therapy assistant licensed or certified under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, an operational cooperative sickness care plan organized under ss. 185.981 to 185.985 that directly provides services through salaried employes in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).
180,15
Section
15. 180.1901 (1m) (bu) of the statutes is created to read:
180.1901 (1m) (bu) Occupational therapists affiliated credentialing board under subch. VII of ch. 448.
180,16
Section
16. 252.14 (1) (ar) 4. of the statutes is amended to read:
252.14 (1) (ar) 4. A physician, podiatrist or physical therapist licensed or an occupational therapist or occupational therapy assistant certified under subch. II of ch. 448.
180,17
Section
17. 252.14 (1) (ar) 4e. of the statutes is created to read:
252.14 (1) (ar) 4e. A physical therapist licensed under subch. III of ch. 448.
180,18
Section
18. 252.14 (1) (ar) 4g. of the statutes is created to read:
252.14 (1) (ar) 4g. A podiatrist licensed under subch. IV of ch. 448.
180,19
Section
19. 252.14 (1) (ar) 4p. of the statutes is created to read:
252.14 (1) (ar) 4p. An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.
180,20
Section
20. 448.01 (2g) of the statutes is renumbered 448.96 (4) and amended to read:
448.96 (4) "Occupational therapist" means an individual who meets the requirements under s. 448.05 (5m) (a) and is certified licensed by the medical examining affiliated credentialing board to practice occupational therapy.
180,21
Section
21. 448.01 (2m) of the statutes is repealed.
180,22
Section
22. 448.01 (2r) of the statutes is renumbered 448.96 (6) and amended to read:
448.96 (6) "Occupational therapy assistant" means an individual who meets the requirements under s. 448.05 (5m) (b) and is certified licensed by the medical examining affiliated credentialing board to assist in the practice of occupational therapy under the supervision of an occupational therapist.
448.02 (2) Certificate. The board may certify occupational therapists, occupational therapy assistants and respiratory care practitioners.
180,24
Section
24. 448.03 (3) (f) (intro.) of the statutes is renumbered 448.961 (1) and amended to read:
448.961 (1) No person not Except as provided in s. 448.962 (1), 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. This paragraph does not apply to:
180,25
Section
25. 448.03 (3) (f) 1. of the statutes is renumbered 448.962 (1) (a).
180,26
Section
26. 448.03 (3) (f) 2. of the statutes is renumbered 448.962 (1) (b).
180,27
Section
27. 448.03 (3) (f) 3. of the statutes is renumbered 448.962 (1) (c), and 448.962 (1) (c) (intro.) and 2., as renumbered, are amended to read:
448.962 (1) (c) (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.04 (1) (h) 448.963 (4), if at least one of the following applies:
2. The person meets the requirements for initial certification as an occupational therapist, registered, established by the American occupational therapy certification board National Board for Certification in Occupational Therapy.
180,28
Section
28. 448.03 (3) (g) (intro.) of the statutes is renumbered 448.961 (2) and amended to read:
448.961 (2) No person not Except as provided in s. 448.962 (2) 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. This paragraph does not apply to:
180,29
Section
29. 448.03 (3) (g) 1. of the statutes is renumbered 448.962 (2) (a).
180,30
Section
30. 448.03 (3) (g) 2. of the statutes is renumbered 448.962 (2) (b).
180,31
Section
31. 448.03 (3) (g) 3. of the statutes is renumbered 448.962 (2) (c), and 448.962 (2) (c) (intro.) and 2., as renumbered, are amended to read:
448.962 (2) (c) (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.04 (1) (h) 448.963 (4), if at least one of the following applies:
2. The person meets the requirements for initial certification as a certified occupational therapy assistant, established by the American occupational therapy certification board National Board for Certification in Occupational Therapy.
180,32
Section
32. 448.04 (1) (g) (title) of the statutes is repealed.
180,33
Section
33. 448.04 (1) (g) 1. and 2. of the statutes are repealed.
180,34
Section
34. 448.04 (1) (g) 3. (intro.) of the statutes is repealed.
180,35
Section
35. 448.04 (1) (g) 3. a. of the statutes is repealed.
180,36
Section
36. 448.04 (1) (g) 3. b. of the statutes is renumbered 448.963 (2) (b) 3. and amended to read:
448.963 (2) (b) 3. Any person who presents proof of certification Been initially certified as an occupational therapist by the American occupational therapy certification board National Board for Certification in Occupational Therapy, if the medical examining affiliated credentialing board determines that the requirements for the certification are equivalent to the requirements under s. 448.05 (5m) (a) or (b) subds. 1. and 2.
180,37
Section
37. 448.04 (1) (h) (title) of the statutes is repealed.
180,38
Section
38. 448.04 (1) (h) of the statutes is renumbered 448.963 (4) and amended to read:
448.963 (4) 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:
(a) A person who presents evidence satisfactory to the affiliated credentialing board of having met the requirements under s. 448.05 (5m) (a) sub. (2) (b) 1. or 2., to practice occupational therapy in association with an occupational therapist.
(b) A person who presents evidence satisfactory to the affiliated credentialing board of having met the requirements under s. 448.05 (5m) (b) sub. (3) (b) 1. or 2., to assist in the practice of occupational therapy under the supervision of an occupational therapist.
180,39
Section
39. 448.05 (5m) (title) of the statutes is repealed.
180,40
Section
40. 448.05 (5m) (a) (intro.) of the statutes is repealed.
180,41
Section
41. 448.05 (5m) (a) 1. of the statutes is renumbered 448.963 (2) (b) 1. and amended to read:
448.963 (2) (b) 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 Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.
180,42
Section
42. 448.05 (5m) (a) 2. of the statutes is renumbered 448.963 (2) (b) 2. and amended to read:
448.963 (2) (b) 2. Received initial certification as an occupational therapist by the American occupational therapy certification board National Board for Certification in Occupational Therapy.
180,43
Section
43. 448.05 (5m) (b) (intro.) of the statutes is repealed.
180,44
Section
44. 448.05 (5m) (b) 1. of the statutes is repealed.
180,45
Section
45. 448.05 (5m) (b) 2. of the statutes is renumbered 448.963 (3) (b) 2. and amended to read:
