AB751: Bill Text

AB751, s. 36 Section 36. 448.04 (1) (g) 3. b. of the statutes is renumbered 448.963 (2) (b) 3. and amended to read:

AB751,9,8 448.963 (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.

AB751, s. 37 Section 37. 448.04 (1) (h) (title) of the statutes is repealed.

AB751, s. 38 Section 38. 448.04 (1) (h) of the statutes is renumbered 448.963 (4) and amended to read:

AB751,9,14 448.963 (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:

AB751,9,17 (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.

AB751,9,21 (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.

AB751, s. 39 Section 39. 448.05 (5m) (title) of the statutes is repealed.

AB751, s. 40 Section 40. 448.05 (5m) (a) (intro.) of the statutes is repealed.

AB751, s. 41 Section 41. 448.05 (5m) (a) 1. of the statutes is renumbered 448.963 (2) (b) 1. and amended to read:

AB751,10,5 448.963 (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.

AB751, s. 42 Section 42. 448.05 (5m) (a) 2. of the statutes is renumbered 448.963 (2) (b) 2. and amended to read:

AB751,10,10 448.963 (2) (b) 2. Received initial certification as an occupational therapist by the American occupational therapy certification board National Board for Certification in Occupational Therapy.

AB751, s. 43 Section 43. 448.05 (5m) (b) (intro.) of the statutes is repealed.

AB751, s. 44 Section 44. 448.05 (5m) (b) 1. of the statutes is repealed.

AB751, s. 45 Section 45. 448.05 (5m) (b) 2. of the statutes is renumbered 448.963 (3) (b) 2. and amended to read:

AB751,10,17 448.963 (3) (b) 2. Received initial certification as an occupational therapy assistant by the American occupational therapy certification board National Board for Certification in Occupational Therapy.

AB751, s. 46 Section 46. 448.06 (1) of the statutes is amended to read:

AB751,10,22 448.06 (1) Grant of license, certificate or limited permit. If three-fourths of the members of the board find that an applicant who has passed the required examinations or who applies under s. 448.04 (1) (h) is qualified, the board shall so notify the applicant and shall grant the license, certificate or limited permit.

AB751, s. 47 Section 47. 448.07 (1) (d) of the statutes is amended to read:

AB751,11,9 448.07 (1) (d) No registration may be permitted by the secretary of the board in the case of any physician, occupational therapist or occupational therapy assistant who has failed to meet the requirements of s. 448.13 or any person whose license, certificate or limited permit has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the licensee's or permittee's right of appeal. A person whose license, certificate or limited permit has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license, certificate or limited permit, together with an application for registration and the registration fee.

AB751, s. 48 Section 48. 448.13 (1) (a) of the statutes is renumbered 448.13 (1).

AB751, s. 49 Section 49. 448.13 (1) (b) of the statutes is renumbered 448.13 (1m) and amended to read:

AB751,11,17 448.13 (1m) The board shall, on a random basis, verify the accuracy of proof submitted by physicians under par. (a) sub. (1) and may, at any time during the 2 calendar years specified in par. (a) sub. (1), require a physician to submit proof of any continuing education programs or courses of study that he or she has attended and completed at that time during the 2 calendar years.

AB751, s. 50 Section 50. 448.13 (2) of the statutes is repealed.

AB751, s. 51 Section 51. 448.40 (2) (b) of the statutes is renumbered 448.965 (1) (a) and amended to read:

AB751,11,23 448.965 (1) (a) Establishing standards Standards for acceptable examination performance by an applicant for certification licensure as an occupational therapist or occupational therapy assistant.

AB751, s. 52 Section 52. 448.40 (2) (c) of the statutes is renumbered 448.965 (1) (b) and amended to read:

AB751,12,3 448.965 (1) (b) Establishing continuing Continuing education requirements for certificate license renewal for an occupational therapist or occupational therapy assistant under s. 448.13 (2) 448.967 (2).

AB751, s. 53 Section 53. 448.40 (2) (d) of the statutes is renumbered 448.965 (1) (c) and amended to read:

AB751,12,7 448.965 (1) (c) Establishing standards Standards of practice for occupational therapy, including a code of ethics and criteria for referral.

AB751, s. 54 Section 54. 448.40 (2) (e) of the statutes is amended to read:

AB751,12,15 448.40 (2) (e) Establishing the criteria for the substitution of uncompensated hours of professional assistance volunteered to the department of health and family services for some or all of the hours of continuing education credits required under s. 448.13 (1) (a) for physicians specializing in psychiatry. The eligible substitution hours shall involve professional evaluation of community programs for the certification and recertification of community mental health programs, as defined in s. 51.01 (3n), by the department of health and family services.

AB751, s. 55 Section 55. 448.90 of the statutes is renumbered 448.87.

AB751, s. 56 Section 56. Subchapter VII of chapter 448 [precedes 448.96] of the statutes is created to read:

AB751,12,19 Chapter 448

AB751,12,22 Subchapter VII occupational therapists affiliated credentialing board

AB751,12,23 448.96 Definitions. In this subchapter:

AB751,13,2 (1) "Affiliated credentialing board" means the occupational therapists affiliated credentialing board.

AB751,13,3 (2) "Licensee" means an individual granted a license under this subchapter.

AB751,13,6 (3) "Occupation" means intentional, action-oriented behavior that is personally meaningful to an individual and that is determined by the individual's characteristics, culture and environment.

AB751,13,11 (5) "Occupational therapy" means the therapeutic use of purposeful and meaningful occupations to evaluate and treat individuals of all ages who have a disease, disorder, impairment, activity limitation or participation restriction that interferes with their ability to function independently in daily life roles and environments and to promote health and wellness.

AB751,13,12 448.961 License required.

AB751,13,13 448.962 Applicability. This subchapter does not do any of the following:

AB751,13,14 (1) Require any of the following to be licensed as an occupational therapist:

AB751,13,16 (d) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.

AB751,13,18 (2) Require any of the following to be licensed as an occupational therapy assistant:

AB751,13,20 (d) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.

AB751,13,22 448.963 Licensure requirements; limited permits. (1) An applicant for a license granted under this subchapter shall do each of the following:

AB751,13,24 (a) Submit an application for the license to the department on a form provided by the department.

AB751,13,25 (b) Pay the fee specified in s. 440.05 (1).

AB751,14,2 (2) The affiliated credentialing board shall grant a license as an occupational therapist to a person who does all of the following:

AB751,14,3 (a) Satisfies the requirements under sub. (1).

AB751,14,5 (b) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:

AB751,14,6 (c) Passes an examination under s. 448.964.

AB751,14,8 (3) The affiliated credentialing board shall grant a license as an occupational therapy assistant to a person who does all of the following:

AB751,14,9 (a) Satisfies the requirements under sub. (1).

AB751,14,11 (b) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:

AB751,14,16 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.

AB751,14,20 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.

AB751,14,21 (c) Passes an examination under s. 448.964.

AB751,14,25 448.964 Examination. (1) The affiliated credentialing board shall conduct or arrange for examinations required for occupational therapist and occupational therapy assistant licensure under s. 448.963 (2) (c) and (3) (c) at times and places determined by the affiliated credentialing board.

AB751,15,2 (2) Examinations under sub. (1) may consist of written or oral tests, or both, and shall require applicants to demonstrate each of the following:

AB751,15,4 (a) Minimum competency in subjects substantially related to the practice of occupational therapy and assisting in the practice of occupational therapy.

AB751,15,6 (b) Ability to practice occupational therapy or assist in the practice of occupational therapy with reasonable skill and safety.

AB751,15,9 448.965 Duties and powers of affiliated credentialing board. (1) The affiliated credentialing board shall promulgate rules that establish each of the following:

AB751,15,12 (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.

AB751,15,19 448.966 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 (2).

AB751,15,25 (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 (3).

AB751,16,3 448.967 Issuance of license; expiration and renewal. (1) The department shall issue a certificate of licensure to each person who is licensed under this subchapter.

AB751,16,8 (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 specified in s. 440.08 (2) (a) and a statement attesting compliance with the continuing education requirements established in rules promulgated under s. 448.965 (1) (b).

AB751,16,12 448.968 Disciplinary proceedings and actions. (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.

AB751,16,16 (2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or deny, limit, suspend or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:

AB751,16,18 (a) Made a material misstatement in an application for a license or for renewal of a license.

AB751,16,21 (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of occupational therapy or assisting in the practice of occupational therapy.

AB751,16,22 (c) Advertised in a manner that is false, deceptive or misleading.

AB751,16,23 (d) Advertised, practiced or attempted to practice under another's name.

AB751,17,3 (e) Subject to ss. 111.321, 111.322 and 111.34, practiced occupational therapy or assisted in the practice of occupational therapy while his or her ability to practice was impaired by alcohol or other drugs.

AB751,17,5 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.965 (1) (c).

AB751,17,8 (g) Engaged in conduct while practicing occupational therapy or assisting in the practice of occupational therapy that evidences a lack of knowledge or ability to apply professional principles or skills.

AB751,17,9 (h) Violated this subchapter or any rule promulgated under this subchapter.

AB751,17,15 448.969 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.

AB751,17,18 448.970 Penalties; appeal. (1) A person who violates any provision of this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB751,17,24 (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 credentialling 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.

AB751, s. 57 Section 57. 450.10 (3) (a) 5. of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:

AB751,18,5 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, occupational therapist or occupational therapy assistant licensed or certified under ch. 448.

AB751, s. 58 Section 58 . Nonstatutory provisions.

AB751,18,7 (1) Definitions. In this Section:

AB751,18,9 (a) "Affiliated credentialing board" means the occupational therapists affiliated credentialing board.