AB751: Bill Text

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AB751, s. 50 Section 50. 448.13 (2) of the statutes is repealed.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

AB751,18,10 (b) "Examining board" means the medical examining board.

AB751,18,11 (c) "Examining council" means the occupational therapy examining council.

AB751,18,15 (2) Initial appointments. Notwithstanding the length of the terms specified in section 15.406 (5) (intro.) of the statutes, as created by this act, the initial members of the affiliated credentialing board shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

AB751,18,17 (a) One occupational therapist and one public member, for terms expiring on July 1, 2001.

AB751,18,18 (b) One occupational therapist assistant, for a term expiring on July 1, 2002.

AB751,18,19 (c) One occupational therapist, for a term expiring on July 1, 2003.

AB751,18,20 (d) One public member, for a term expiring on July 1, 2003.

AB751,19,2 (3) Transfer of authority and records from examining board; transitional provisions. During the period beginning on the effective date of this subsection and ending on the first day of the 7th month beginning after the effective date of this subsection, the examining board and examining council shall cooperate with the affiliated credentialing board, as created by this act, in providing orderly and efficient transfers under this subsection. On the first day of the 7th month beginning after the effective date of this subsection, all of the following apply:

AB751,19,5 (a) The assets and liabilities of the examining board and the examining council pertaining to the regulation of occupational therapists and occupational therapy assistants shall become the assets and liabilities of the affiliated credentialing board.

AB751,19,8 (b) All tangible personal property, including records, of the examining board and examining council pertaining to the regulation of occupational therapists and occupational therapy assistants is transferred to the affiliated credentialing board.

AB751,19,17 (c) All rules pertaining to the regulation of occupational therapists and occupational therapy assistants that have been promulgated by the examining board and that are in effect shall become rules of the affiliated credentialing board and shall remain in effect until their specified expiration dates or until amended or repealed by the affiliated credentialing board. All orders pertaining to the regulation of occupational therapists and occupational therapy assistants that have been issued by the examining board and that are in effect shall become orders of the affiliated credentialing board and shall remain in effect until their specified expiration dates or until modified or rescinded by the affiliated credentialing board.

AB751,19,22 (d) Any matter relating to the regulation of occupational therapists and occupational therapy assistants that is pending with the examining board is transferred to the affiliated credentialing board, and all materials submitted to or actions taken by the examining board with respect to the pending matter are considered to have been submitted to or taken by the affiliated credentialing board.

AB751,20,4 (e) Notwithstanding section 448.963 (2) of the statutes, as created by this act, any person who, on the day before the first day of the 7th month beginning after the effective date of this paragraph, was certified as an occupational therapist by the examining board under subchapter II of chapter 448 of the statutes is considered to be licensed as an occupational therapist by the affiliated credentialing board under subchapter VII of chapter 448 of the statutes, as created by this act, without meeting any of the requirements of section 448.963 (2) of the statutes, as created by this act.

AB751,20,12 (f) Notwithstanding section 448.963 (3) of the statutes, as created by this act, any person who, on the day before the first day of the 7th month beginning after the effective date of this paragraph, was certified as an occupational therapy assistant by the examining board under subchapter II of chapter 448 of the statutes is considered to be licensed as an occupational therapy assistant by the affiliated credentialing board under subchapter VII of chapter 448 of the statutes, as created by this act, without meeting any of the requirements of section 448.963 (3) of the statutes, as created by this act.

AB751, s. 59 Section 59. Effective dates. This act takes effect on the first day of the 7th month after publication, except as follows:

AB751,20,16 (1) The treatment of sections 15.08 (1m) (b), 15.085 (1m) (b) and 15.406 (5) of the statutes and Section 58 of this act take effect on the day after publication.

AB751,20,17 (End)