SB407: Bill Text

1999 - 2000 LEGISLATURE

1999 Senate BILL 407

February 23, 2000 - Introduced by Senators George, Rude, Roessler, Welch, Rosenzweig and Robson, cosponsored by Representatives Handrick, Johnsrud, Meyerhofer, Sykora, Plouff, Spillner, Meyer, Albers, Walker, Pettis, Ladwig and Wasserman, by request of Wisconsin Occupational Therapy Association. Referred to Committee on Human Services and Aging.

SB407,2,3 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.

Analysis by the Legislative Reference Bureau

Under current law, with certain exceptions, a person must be certified by the medical examining board (examining board) in the department of regulation and licensing (DORL) in order to practice as an occupational therapist or occupational therapy assistant or to designate himself or herself as an occupational therapist or occupational therapy assistant.

This bill creates a five-member occupational therapists affiliated credentialing board (affiliated credentialing board) in DORL consisting of two occupational therapists, one occupational therapy assistant and two public members, and transfers to the affiliated credentialing board all authority that the examining board has under current law relating to the regulation of occupational therapists and occupational therapy assistants. In addition, the bill requires the affiliated credentialing board to license, rather than certify, persons to practice as occupational therapists or occupational therapy assistants. The bill also does all of the following:

1. To qualify for certification under current law, a person must meet educational and other requirements, including a) being certified as either an occupational therapist or an occupational therapy assistant by the American occupational therapy certification board; and b) being found qualified by three-fourths of the members of the examining board. The bill retains the educational requirements that a person must satisfy for a license, but requires a person to be certified as an occupational therapist or occupational therapy assistant by the National Board for Certification in Occupational Therapy, rather than by the American occupational therapy certification board. In addition, the bill does not require three-fourths of the affiliated credentialing board to find that an applicant is qualified.

2. Under current law, a health care practitioner licensed or certified by the examining board, including an occupational therapist or occupational therapy assistant, must register with the examining board every two years, meet continuing education requirements, pay a license or certificate renewal fee and display a certificate of registration in his or her office at all times. Registration with the examining board is deemed to satisfy any statutory requirement to renew a license or certificate. The bill eliminates these requirements. Instead, an occupational therapist or occupational therapy assistant must renew his or her license every two years by submitting a renewal form to DORL, accompanied by a renewal fee and a statement attesting that the occupational therapist or occupational therapy assistant has complied with continuing education requirements promulgated by rule by the affiliated credentialing board.

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:

SB407, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

SB407,3,11 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.

SB407, s. 2 Section 2. 15.085 (1m) (b) of the statutes is amended to read:

SB407,3,17 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.

SB407, s. 3 Section 3. 15.406 (5) of the statutes is created to read:

SB407,4,2 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:

SB407,4,3 (a) Two occupational therapists who are licensed under subch. VII of ch. 448.

SB407,4,5 (b) One occupational therapy assistant who is licensed under subch. VI of ch. 448.

SB407,4,6 (c) Two public members.

SB407, s. 4 Section 4. 15.407 (1) (title) and (intro.) of the statutes are repealed.

SB407, s. 5 Section 5. 15.407 (1) (c) of the statutes is repealed.

SB407, s. 6 Section 6. 15.407 (1) (d) of the statutes is renumbered 15.407 (1m) and amended to read:

SB407,4,22 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.

SB407, s. 7 Section 7. 49.45 (8) (a) 3. of the statutes is amended to read:

SB407,4,25 49.45 (8) (a) 3. "Occupational therapist" has the meaning given in s. 448.01 (2g) 448.96 (4).

SB407, s. 8 Section 8. 50.50 (7m) of the statutes is amended to read:

SB407,5,3 50.50 (7m) "Occupational therapy" has the meaning given in s. 448.01 (2m) 448.96 (5).

SB407, s. 9 Section 9. 146.81 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:

SB407,5,7 146.81 (1) (d) A physician, physician assistant, podiatrist or physical therapist or respiratory care practitioner licensed or certified under subch. II of ch. 448.

SB407, s. 10 Section 10. 146.81 (1) (dg) of the statutes is created to read:

SB407,5,9 146.81 (1) (dg) A physical therapist licensed under subch. III of ch. 448.

SB407, s. 11 Section 11. 146.81 (1) (dr) of the statutes is created to read:

SB407,5,11 146.81 (1) (dr) A podiatrist licensed under subch. IV of ch. 448.

SB407, s. 12 Section 12. 146.81 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 67, is repealed.

SB407, s. 13 Section 13. 146.81 (1) (es) of the statutes is created to read:

SB407,5,16 146.81 (1) (es) An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

SB407, s. 14 Section 14. 155.01 (7) of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:

SB407,6,3 155.01 (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).

SB407, s. 15 Section 15. 180.1901 (1m) (bu) of the statutes is created to read:

SB407,6,6 180.1901 (1m) (bu) Occupational therapists affiliated credentialing board under subch. VII of ch. 448.

SB407, s. 16 Section 16. 252.14 (1) (ar) 4. of the statutes is amended to read:

SB407,6,10 252.14 (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.

SB407, s. 17 Section 17. 252.14 (1) (ar) 4e. of the statutes is created to read:

SB407,6,12 252.14 (1) (ar) 4e. A physical therapist licensed under subch. III of ch. 448.

SB407, s. 18 Section 18. 252.14 (1) (ar) 4g. of the statutes is created to read:

SB407,6,14 252.14 (1) (ar) 4g. A podiatrist licensed under subch. IV of ch. 448.

SB407, s. 19 Section 19. 252.14 (1) (ar) 4p. of the statutes is created to read:

SB407,6,17 252.14 (1) (ar) 4p. An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

SB407, s. 20 Section 20. 448.01 (2g) of the statutes is renumbered 448.96 (4) and amended to read:

SB407,6,22 448.96 (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.

SB407, s. 21 Section 21. 448.01 (2m) of the statutes is repealed.

SB407, s. 22 Section 22. 448.01 (2r) of the statutes is renumbered 448.96 (6) and amended to read:

SB407,7,4 448.96 (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.

SB407, s. 23 Section 23. 448.02 (2) of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:

SB407,7,8 448.02 (2) Certificate. The board may certify occupational therapists, occupational therapy assistants and respiratory care practitioners.

SB407, s. 24 Section 24. 448.03 (3) (f) (intro.) of the statutes is renumbered 448.961 (1) and amended to read:

SB407,7,15 448.961 (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:

SB407, s. 25 Section 25. 448.03 (3) (f) 1. of the statutes is renumbered 448.962 (1) (a).

SB407, s. 26 Section 26. 448.03 (3) (f) 2. of the statutes is renumbered 448.962 (1) (b).

SB407, s. 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:

SB407,7,22 448.962 (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:

SB407,8,2 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.

SB407, s. 28 Section 28. 448.03 (3) (g) (intro.) of the statutes is renumbered 448.961 (2) and amended to read:

SB407,8,10 448.961 (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:

SB407, s. 29 Section 29. 448.03 (3) (g) 1. of the statutes is renumbered 448.962 (2) (a).

SB407, s. 30 Section 30. 448.03 (3) (g) 2. of the statutes is renumbered 448.962 (2) (b).

SB407, s. 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:

SB407,8,17 448.962 (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:

SB407,8,20 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.

SB407, s. 32 Section 32. 448.04 (1) (g) (title) of the statutes is repealed.

SB407, s. 33 Section 33. 448.04 (1) (g) 1. and 2. of the statutes are repealed.

SB407, s. 34 Section 34. 448.04 (1) (g) 3. (intro.) of the statutes is repealed.

SB407, s. 35 Section 35. 448.04 (1) (g) 3. a. of the statutes is repealed.

SB407, s. 36 Section 36. 448.04 (1) (g) 3. b. of the statutes is renumbered 448.963 (2) (b) 3. and amended to read:

SB407,9,8 448.963 (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.

SB407, s. 37 Section 37. 448.04 (1) (h) (title) of the statutes is repealed.

SB407, s. 38 Section 38. 448.04 (1) (h) of the statutes is renumbered 448.963 (4) and amended to read:

SB407,9,14 448.963 (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:

SB407,9,17 (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.