AB726: Bill Text

AB726,88,18 (4) If a licensee or the consulting physician of the licensee determines that a patient's medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under subch. I of this chapter; under ch. 446 or; under ch. 447; or under subch. II, III or IV of ch. 448 and who can provide appropriate treatment to the patient.

AB726,348 Section 348. 448.957 of the statutes is renumbered 464.48, and 464.48 (1), (2) (intro.), (c), (d) and (h) and (3), as renumbered, are amended to read:

AB726,88,24 464.48 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB726,89,4 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board may reprimand a licensee or may 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:

AB726,89,5 (c) Advertised in a manner that is false, deceptive, or misleading.

AB726,89,6 (d) Advertised, practiced, or attempted to practice under another's name.

AB726,89,8 (h) Failed to cooperate with the affiliated credentialing examining board in an investigation under this section.

AB726,89,11 (3) In addition to or in lieu of the penalties provided under sub. (2), the affiliated credentialing examining board may assess against an applicant or licensee a forfeiture of not more than $10,000 for each violation specified under sub. (2).

AB726,349 Section 349. 448.958 (title) of the statutes is repealed.

AB726,350 Section 350. 448.958 of the statutes is renumbered 464.49 (2) and amended to read:

AB726,89,20 464.49 (2) If the affiliated credentialing examining board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing examining 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.

AB726,351 Section 351. 448.959 (title) of the statutes is repealed.

AB726,352 Section 352. 448.959 of the statutes is renumbered 464.49 (1).

AB726,353 Section 353. Subchapter VII (title) of chapter 448 [precedes 448.96] of the statutes is renumbered subchapter II (title) of chapter 464 [precedes 464.20] and amended to read:

AB726,90,1 Chapter 464

AB726,90,2 Subchapter II

AB726,90,5 OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING BOARD Therapy

AB726,354 Section 354. 448.96 of the statutes is renumbered 464.20, and 464.20 (1), (3), (4), (5) and (6), as renumbered, are amended to read:

AB726,90,9 464.20 (1) "Affiliated credentialing "Examining board" means the occupational therapists affiliated credentialing medical therapy examining board.

AB726,90,12 (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.

AB726,90,14 (4) "Occupational therapist" means an individual who is licensed by the affiliated credentialing examining board to practice occupational therapy.

AB726,90,19 (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.

AB726,90,22 (6) "Occupational therapy assistant" means an individual who is licensed by the affiliated credentialing examining board to assist in the practice of occupational therapy under the supervision of an occupational therapist.

AB726,355 Section 355. 448.961 (title) of the statutes is renumbered 464.21 (title).

AB726,356 Section 356. 448.961 (1) of the statutes is renumbered 464.21 (1) (a) and amended to read:

AB726,91,5 464.21 (1) (a) Except as provided in s. 448.962 (1) sub. (2) (a), 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.

AB726,357 Section 357. 448.961 (2) of the statutes is renumbered 464.21 (1) (b) and amended to read:

AB726,91,13 464.21 (1) (b) Except as provided in s. 448.962 (2) sub. (2) (b), 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.

AB726,358 Section 358. 448.962 (intro.) of the statutes is repealed.

AB726,359 Section 359. 448.962 (1) of the statutes is renumbered 464.21 (2) (a), and 464.21 (2) (a) (intro.), 3. (intro.), 4. and 5., as renumbered, are amended to read:

AB726,91,18 464.21 (2) (a) (intro.) Require any of the following None of the following is required to be licensed as an occupational therapist under this subchapter:

AB726,91,21 3. (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 464.22 (4), if at least one of the following applies:

AB726,91,23 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB726,92,3 5. Any person assisting an occupational therapist or occupational therapy assistant in practice under the direct, immediate, and on-premises supervision of the occupational therapist or occupational therapy assistant.

AB726,360 Section 360. 448.962 (2) of the statutes is renumbered 464.21 (2) (b), and 464.21 (2) (b) (intro.), 3. and 4., as renumbered, are amended to read:

AB726,92,7 464.21 (2) (b) (intro.) Require any of the following None of the following is required to be licensed as an occupational therapy assistant under this subchapter:

AB726,92,10 3. (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 464.22 (4), if at least one of the following applies:

AB726,92,12 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB726,361 Section 361. 448.963 of the statutes is renumbered 464.22, and 464.22 (2) (intro.), (b) (intro.), 1. and 3. and (c), (3) (intro.), (b) (intro.), 1. and 3. and (c) and (4) (intro.), (a) and (b), as renumbered, are amended to read:

AB726,92,17 464.22 (2) (intro.) The affiliated credentialing examining board shall grant a license as an occupational therapist to a person who does all of the following:

AB726,92,19 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB726,92,24 1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing examining board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.

AB726,93,4 3. Been initially certified as an occupational therapist by the National Board for Certification in Occupational Therapy, if the affiliated credentialing examining board determines that the requirements for the certification are equivalent to the requirements under subds. 1. and 2.

AB726,93,5 (c) Passes an examination under s. 448.964 464.23.

AB726,93,7 (3) (intro.) The affiliated credentialing examining board shall grant a license as an occupational therapy assistant to a person who does all of the following:

AB726,93,9 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB726,93,14 1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing examining board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.

AB726,93,18 3. Been initially certified as an occupational therapy assistant by the National Board for Certification in Occupational Therapy, if the affiliated credentialing examining board determines that the requirements for the certification are equivalent to the requirements under subds. 1. and 2.

AB726,93,19 (c) Passes an examination under s. 448.964 464.23.

AB726,93,22 (4) (intro.) The affiliated credentialing examining board may, upon application, issue a permit for a limited period of time designated by the affiliated credentialing examining board to any of the following:

AB726,93,25 (a) A person who presents evidence satisfactory to the affiliated credentialing examining board of having met the requirements under sub. (2) (b) 1. or 2., to practice occupational therapy in association with an occupational therapist.

AB726,94,4 (b) A person who presents evidence satisfactory to the affiliated credentialing examining board of having met the requirements under sub. (3) (b) 1. or 2., to assist in the practice of occupational therapy under the supervision of an occupational therapist.

AB726,362 Section 362. 448.964 of the statutes is renumbered 464.23, and 464.23 (1), as renumbered, is amended to read:

AB726,94,10 464.23 (1) The affiliated credentialing examining board shall conduct or arrange for examinations required for occupational therapist and occupational therapy assistant licensure under s. 448.963 464.22 (2) (c) and (3) (c) at times and places determined by the affiliated credentialing board.

AB726,363 Section 363. 448.965 of the statutes is renumbered 464.24, and 464.24 (title), (1) (intro.) and (b) and (2), as renumbered, are amended to read:

AB726,94,15 464.24 (title) Duties and powers of affiliated credentialing examining board. (1) (intro.) The affiliated credentialing examining board shall promulgate rules that establish each of the following:

AB726,94,17 (b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 464.25 (2).

AB726,94,20 (2) The affiliated credentialing examining board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.

AB726,364 Section 364. 448.966 of the statutes is renumbered 464.234 and amended to read:

AB726,95,4 464.234 Reciprocal licensure. (1) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing examining 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 examining 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. 448.963 464.22 (2).

AB726,95,11 (2) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing examining 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 examining 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. 448.963 464.22 (3).

AB726,365 Section 365. 448.967 of the statutes is renumbered 464.25, and 464.25 (2), as renumbered, is amended to read:

AB726,95,19 464.25 (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 determined by the department under s. 440.03 (9) (a) and a statement attesting compliance with the continuing education requirements established in rules promulgated under s. 448.965 464.24 (1) (b).

AB726,366 Section 366. 448.968 of the statutes is renumbered 464.26, and 464.26 (1) and (2) (intro.), (c), (d) and (f), as renumbered, are amended to read:

AB726,95,25 464.26 (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

AB726,96,4 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing examining 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:

AB726,96,5 (c) Advertised in a manner that is false, deceptive, or misleading.

AB726,96,6 (d) Advertised, practiced, or attempted to practice under another's name.

AB726,96,8 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.965 464.24 (1) (c).

AB726,367 Section 367. 448.969 (title) of the statutes is repealed.

AB726,368 Section 368. 448.969 of the statutes is renumbered 464.27 (3) and amended to read:

AB726,96,17 464.27 (3) If the affiliated credentialing examining board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing examining 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.

AB726,369 Section 369. 448.970 (title) of the statutes is repealed.

AB726,370 Section 370. 448.970 (1) of the statutes is renumbered 464.27 (1).

AB726,371 Section 371. 448.970 (2) of the statutes is renumbered 464.27 (2) and amended to read:

AB726,97,2 464.27 (2) Any person aggrieved by any action taken under this subchapter by the affiliated credentialing examining 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 credentialing examining board within 30 days. No court of this state may enter an ex parte stay of any action taken by the affiliated credentialing examining board under this subchapter.

AB726,372 Section 372. 450.10 (3) (a) 5. of the statutes is amended to read:

AB726,97,6 450.10 (3) (a) 5. A physician, physician assistant, or podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448.

AB726,373 Section 373. 450.10 (3) (a) 5q. of the statutes is renumbered 450.10 (3) (a) 14. and amended to read:

AB726,97,9 450.10 (3) (a) 14. An athletic trainer licensed under subch. VI III of ch. 448 464.

AB726,374 Section 374. 450.10 (3) (a) 12. of the statutes is created to read:

AB726,97,12 450.10 (3) (a) 12. A physical therapist or physical therapist assistant licensed under subch. I of ch. 464.

AB726,375 Section 375. 450.10 (3) (a) 13. of the statutes is created to read:

AB726,97,15 450.10 (3) (a) 13. An occupational therapist or occupational therapist assistant licensed under subch. II of ch. 464.

AB726,376 Section 376. 450.11 (8) (b) of the statutes is amended to read:

AB726,97,18 450.11 (8) (b) The medical examining board, insofar as this section applies to physicians and, physician assistants , and podiatrists.

AB726,377 Section 377. 450.11 (8) (bm) of the statutes is repealed.

AB726,378 Section 378. 451.02 (1) of the statutes is amended to read:

AB726,97,23 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448 or, 449, or 464 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit or certificate.