LRBs0314/1
KP/JPC/MED:klm&wlj
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 115
January 14, 2022 - Offered by Representative Moses.
SB115-ASA1,1,6 1An Act to renumber and amend 446.02 (2) (c) and 446.028; to amend 440.05
2(intro.) and 446.02 (6m); and to create 446.02 (2) (c) 2., 446.028 (1) (a) 5. and
3446.028 (3) of the statutes; relating to: sponsors of chiropractic continuing
4education programs and nutritional counseling education programs and
5repealing and modifying administrative rules related to sponsors of nutritional
6counseling education programs.
Analysis by the Legislative Reference Bureau
This bill allows member-based state or national chiropractic organizations to
be program sponsors of continuing education for chiropractors, chiropractic
radiological technicians, and chiropractic technicians. Specifically, those
chiropractic organizations may sponsor continuing education programs if they 1) are
an entity exempt from federal income taxes, 2) have existed as an entity exempt from
federal taxes for at least five years, 3) have a purpose that is not solely providing
continuing education programs, and 4) engage in measurable advocacy efforts to
promote the chiropractic profession. Current law generally requires chiropractors,
chiropractic radiological technicians, and chiropractic technicians to complete
continuing education every two years to renew their licenses or certificates.

The bill also requires the Chiropractic Examining Board to approve, for
purposes of providing the education needed to obtain a chiropractor nutritional
counseling certificate, a postgraduate nutrition program provided by an
organization that is eligible to provide continuing education for chiropractors, if the
postgraduate nutrition program satisfies all of the requirements established by the
board. Under current law, the board has authority to approve the postgraduate
nutrition programs that chiropractors must complete to obtain a nutritional
counseling certificate.
Also, under the bill, providers of continuing education may not delegate the
tasks of monitoring or recording attendance, providing evidence of attendance,
verifying required course content, or providing information on instructors for
continuing education programs. The bill also requires that a program sponsor for
continuing education for chiropractic radiological technicians or chiropractic
technicians must submit its program to the board for approval. In addition, sponsors
of approved continuing education programs must notify the board of any information
or change to information related to satisfying continuing education or program
sponsor requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB115-ASA1,1 1Section 1. 440.05 (intro.) of the statutes is amended to read:
SB115-ASA1,2,4 2440.05 Standard fees. (intro.) Subject to s. 440.052, the following standard
3fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11,
4446.02 (2) (c) 1., 447.04 (2) (c) 2., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d):
SB115-ASA1,2 5Section 2. 446.02 (2) (c) of the statutes is renumbered 446.02 (2) (c) 1. and
6amended to read:
SB115-ASA1,2,127 446.02 (2) (c) 1. The examining board shall issue a certificate to a chiropractor
8who is licensed under this chapter, who submits satisfactory evidence that the
9chiropractor has completed 48 hours of postgraduate study in nutrition that is
10approved by the examining board, and who pays a one-time certification certificate
11fee of $25, except that no certificate fee is required under this paragraph subdivision
12for an individual who is eligible for the veterans fee waiver program under s. 45.44.
SB115-ASA1,3 13Section 3. 446.02 (2) (c) 2. of the statutes is created to read:
SB115-ASA1,3,4
1446.02 (2) (c) 2. The examining board shall approve under subd. 1. a program
2of postgraduate study in nutrition provided by a program sponsor, as defined in s.
3446.028 (1), if the program of postgraduate study in nutrition satisfies all of the
4requirements established by the examining board by rule for such a program.
SB115-ASA1,4 5Section 4. 446.02 (6m) of the statutes is amended to read:
SB115-ASA1,3,106 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice,
7or a recommendation to a patient regarding the health effects of vitamins, herbs, or
8nutritional supplements unless the chiropractor has been issued a certificate under
9sub. (2) (c) 1. This subsection does not apply to a chiropractor licensed under this
10chapter who is certified as a dietician under subch. V of ch. 448.
SB115-ASA1,5 11Section 5. 446.028 of the statutes is renumbered 446.028 (2) and amended to
12read:
SB115-ASA1,3,1913 446.028 (2) Each program sponsor of a continuing education program required
14to be completed by a chiropractor as a condition of license renewal , or by a
15chiropractic radiological technician or a chiropractic technician as a condition of
16certificate renewal,
shall submit the program to the examining board for approval.
17A sponsor of a continuing education program approved by the examining board shall
18notify the examining board of any information or change to information related to
19satisfying the requirements under this section.
SB115-ASA1,3,20 20(1) In this section, “program:
SB115-ASA1,3,21 21(a) “Program sponsor" means any of the following:
SB115-ASA1,3,22 221. The Wisconsin Chiropractic Association, the.
SB115-ASA1,3,23 232. The International Chiropractors Association , a.
SB115-ASA1,3,24 243. A college of chiropractic approved by the examining board, and a.
SB115-ASA1,4,2
14. A college of medicine or osteopathy accredited by an accrediting body listed
2as nationally recognized by the secretary of the federal department of education.
SB115-ASA1,4,5 3(b) “Program sponsor" does not include an individual, organization, or
4institution of higher education approved under s. 46.03 (38) to provide instruction
5in the use of an automated external defibrillator.
SB115-ASA1,6 6Section 6. 446.028 (1) (a) 5. of the statutes is created to read:
SB115-ASA1,4,87 446.028 (1) (a) 5. A member-based state or national chiropractic organization
8that satisfies all of the following:
SB115-ASA1,4,129a. The organization is an entity that is described in section 501 (c) of the
10Internal Revenue Code and that is exempt from federal income tax under section 501
11(a) of the Internal Revenue Code and has existed as an entity that is described in
12section 501 (c) of the Internal Revenue Code for at least 5 years.
SB115-ASA1,4,1413 b. The purpose of the organization is not solely providing continuing education
14programs.
SB115-ASA1,4,1615 c. The organization engages in measurable advocacy efforts to promote the
16chiropractic profession.
SB115-ASA1,7 17Section 7. 446.028 (3) of the statutes is created to read:
SB115-ASA1,4,2218 446.028 (3) No program sponsor may delegate the tasks of monitoring or
19recording attendance, providing evidence of attendance, verifying required course
20content, or providing information on instructors for a continuing education program.
21A person who intentionally violates this subsection may be punished as provided in
22s. 446.07.
SB115-ASA1,8 23Section 8. Chir 12.03 (1) (a) of the administrative code is repealed.
SB115-ASA1,9 24Section 9. Chir 12.03 (2) (a) 2. of the administrative code is amended to read:
SB115-ASA1,5,2
1Chir 12.03 (2) (a) 2. Identify the name and address of the program sponsor and
2describe how the program sponsor qualifies under s. Chir 12.03 (1) (a)
.
SB115-ASA1,10 3Section 10. Effective dates. This act takes effect on the day after publication,
4except as follows:
SB115-ASA1,5,65 (1) Administrative rules. The repeal and modification of administrative rules
6take effect as provided in s. 227.265.
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