The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB280, s. 1 1Section 1. 146.86 of the statutes is created to read:
SB280,2,3 2146.86 Provision of complementary and alternative health practices.
3(1) In this section:
SB280,3,24 (a) "Complementary and alternative health service" means any health care
5practice or method or healing therapy or modality that is not prohibited under sub.
6(2) (a) to (f) and that is provided by an individual who is not a health care provider

1or who is a health care provider but is not acting under his or her certificate, permit,
2or license as a health care provider.
SB280,3,33 (b) "Controlled substance" has the meaning given in s. 961.01 (4).
SB280,3,44 (c) "Deliver" has the meaning given in s. 450.01 (5).
SB280,3,55 (d) "Device" has the meaning given in s. 450.01 (6).
SB280,3,66 (e) "Dispense" has the meaning given in s. 450.01 (7).
SB280,3,87 (f) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (hp) and
8(q) to (s) and includes a person licensed under s. 440.982 (1), 454.04 (1), or 459.02 (1).
SB280,3,99 (g) "Prescription drug" has the meaning given in s. 450.01 (20).
SB280,3,18 10(2) Notwithstanding ss. 256.15 (2), 440.982 (1), 441.06 (4), 441.15 (2), 446.02
11(1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.961
12(1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02 (1m), 457.04 (4), (5),
13(6), and (7), 459.02 (1), and 459.24 (1), a person who provides a complementary and
14alternative health service does not violate s. 256.15 (2), 440.982 (1), 441.06 (4),
15441.15 (2), 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51
16(1), 448.61, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02
17(1m), 457.04 (4), (5), (6), and (7), 459.02 (1), or 459.24 (1) unless the person providing
18the complementary and alternative health service does any of the following:
SB280,3,2019 (a) Punctures the skin, except by pricking a finger for purposes of blood
20screening.
SB280,3,2121 (b) Prescribes or administers X-ray services.
SB280,3,2422 (c) Prescribes, directly applies, delivers, or dispenses a prescription drug, a
23controlled substance, or a device that may be prescribed, directly applied, delivered,
24or dispensed only by a health care provider.
SB280,3,2525 (d) Performs a chiropractic adjustment or manipulation of joints or a spine.
SB280,4,3
1(e) Recommends to the individual receiving the complementary and
2alternative health service that he or she discontinue treatment that is prescribed by
3a health care provider.
SB280,4,64 (f) Makes a specific diagnosis using a medical term that is commonly used and
5understood in conventional western medicine. None of the following are prohibited
6under this paragraph:
SB280,4,77 1. Use of medical terminology or common words to describe a health condition.
SB280,4,98 2. Advice that the individual should consult a health care provider in order to
9rule out a diagnosable condition.
SB280,4,1110 3. A statement that the individual's symptoms may be indicative of or
11consistent with a specific medical condition.
SB280,4,1312 (g) Holds himself or herself out as or implies that he or she is a health care
13provider, if he or she does not hold the applicable certificate, permit, or license.
SB280,4,17 14(3) A person who is not a health care provider acting under his or her certificate,
15permit, or license as a health care provider and who charges a fee for a
16complementary and alternative health service shall, before performing the service,
17do all of the following:
SB280,4,1918 (a) Provide to the individual to be served, in writing, all of the following
19information:
SB280,4,2120 1. The name, business address, and telephone number of the person who is
21providing the complementary and alternative health service.
SB280,4,2322 2. If the person is not a health care provider, the fact that the person does not
23hold a certificate, permit, or license as a health care provider in this state.
SB280,5,3
13. If the person is a health care provider who is not acting under his or her
2certificate, permit, or license as a health care provider, the fact that the person is
3providing a service that he or she is not licensed to provide.
SB280,5,54 4. A description of the complementary and alternative health service that the
5person proposes to provide to the individual.
SB280,5,86 5. Any education, training, experience, credentials, or other qualifications the
7person has with respect to the complementary and alternative health service that the
8person proposes to provide to the individual.
SB280,5,139 (b) Post in a location that is readily visible to an individual who is going to
10receive a complementary and alternative health service, a written statement,
11printed in not less than 12-point boldface type, that contains the information in par.
12(a) 1., 2., 3., and 5. and a description of the complementary and alternative health
13services that the person generally provides.
SB280,5,1614 (c) Attempt to ensure that the individual who is going to receive a
15complementary and alternative health service understands the statement under
16par. (a).
SB280,5,2117 (d) Before the first instance of providing a complementary and alternative
18health service to an individual, obtain a written acknowledgment from the
19individual that the individual has been provided the written statement under par.
20(a). The person who is going to provide the complementary and alternative health
21service shall do all of the following:
SB280,5,2322 1. Provide the individual receiving the service with a copy of the written
23acknowledgment.
SB280,5,2424 2. Keep the acknowledgment confidential.
SB280,6,2
13. Maintain the acknowledgment for 2 years from the date the individual signs
2the acknowledgment.
SB280,6,43 (e) If the information that is required to be provided under par. (a) changes, do
4all of the following:
SB280,6,65 1. Change the written statement under par. (a) to reflect the changes in the
6information.
SB280,6,77 2. Post the changed statement as required under par. (b).
SB280,6,98 3. Provide the changed statement to any individual who receives services after
9the statement is changed.
SB280,6,1310 4. Before the first instance of providing a complementary and alternative
11health service to an individual after changing the written statement, obtain a
12written acknowledgment from any individual who is going to receive complementary
13and alternative health services under par. (d).
SB280,6,16 14(4) (a) If the department is notified that a person is violating sub. (3), the
15department shall contact the alleged violator, determine if a violation has occurred,
16and attempt to bring the alleged violator into compliance with sub. (3).
SB280,6,2117 (b) If the alleged violator does not comply with sub. (3) in a reasonable amount
18of time, as determined by the department, the department may serve a notice on the
19person ordering the person to cease violating sub. (3). The order shall be served in
20the manner provided for the service of a summons under s. 801.11. The order is
21subject to judicial review under ch. 227.
SB280,7,422 (c) If the department determines that a person continues to violate sub. (3) after
23being served a notice under par. (b), the department shall serve a notice on the person
24informing him or her that the department will hold a hearing to determine if the
25person is violating sub. (3). The department shall serve the notice in the manner

1provided for the service of a summons under s. 801.11. The department may not hold
2the hearing sooner than 10 days after service of the notice. The person may present
3evidence, subpoena witnesses, and be represented by counsel at the hearing. The
4department shall record the proceedings.
SB280,7,115 (d) Within 30 days after the hearing is held, the department shall issue a
6decision that includes findings of fact and conclusions of law based on the testimony
7presented. If the department determines that a person continues to violate sub. (3)
8after being served a notice under par. (b), the department may order the person to
9pay a forfeiture not to exceed $5,000. The violator shall be provided a copy of the
10findings of fact, conclusions of law, and the order to pay the forfeiture. The
11department's decision and order are subject to judicial review under ch. 227.
SB280,7,1512 (e) In addition to the remedy under par. (d), if the department determines that
13a person continues to violate sub. (3) after being served a notice under par. (b), the
14department may petition the circuit court for a temporary restraining order or
15permanent injunction to enjoin the person from violating sub. (3).
SB280,7,19 16(5) Any person suffering injury as the result of a provider of a complementary
17and alternative health service doing any of the acts listed in sub. (2) (a) to (f) may sue
18for damages and may recover treble the amount of his or her damages, together with
19costs, including reasonable attorney fees, notwithstanding s. 814.04 (1).
SB280,7,2020 (End)
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