AB726: Bill Text

AB726,55,22 443.11 (1) (intro.) The appropriate section of the examining board may reprimand an architect, landscape architect, or professional engineer or limit, suspend, or revoke the certificate of registration of any registrant, and the certificate of record of any engineer-in-training, who is found guilty of:

AB726,209 Section 209. 443.11 (1) (e) of the statutes is amended to read:

AB726,55,25 443.11 (1) (e) Any violation of the rules of professional conduct adopted and promulgated by that section of the examining board.

AB726,210 Section 210. 443.11 (2) of the statutes is amended to read:

AB726,56,12 443.11 (2) The appropriate section of the examining board may reprimand a firm, partnership, or corporation holding a certificate of authorization issued under this chapter or may limit, suspend, or revoke such a certificate if any of the agents, employees, or officers of the firm, partnership, or corporation has committed any act or has been guilty of any conduct which would authorize a reprimand or a limitation, suspension, or revocation of the certificate of registration of a registrant or the certificate of record of an engineer-in-training under this chapter, unless the firm, partnership, or corporation submits evidence satisfactory to the appropriate section of the examining board that the agent, employee, or officer is not now practicing or offering to practice architecture, landscape architecture, or professional engineering in its behalf.

AB726,211 Section 211. 443.11 (3) of the statutes is amended to read:

AB726,56,23 443.11 (3) Any person may make charges that any registrant, holder of a certificate of record as engineer-in-training or corporate holder of a certificate of authorization has committed an act for which a reprimand or limitation, suspension, or revocation of registration is authorized under sub. (1). Such charges shall be in writing, shall be sworn to by the person making them and shall be submitted to the appropriate section of the examining board. The appropriate section of the examining board may, on its own motion, make such charges. All charges, unless dismissed by the appropriate section of the examining board as unfounded or trivial, shall be heard by the appropriate section of the examining board, subject to the rules promulgated under s. 440.03 (1).

AB726,212 Section 212. 443.11 (4) of the statutes is amended to read:

AB726,57,7 443.11 (4) If after a hearing under sub. (3), 3 members of a section of the examining board vote in favor of sustaining sustains the charges specified in sub. (3), the appropriate section of the examining board shall reprimand or limit, suspend, or revoke the certificate of registration of the registered architect, registered landscape architect, or registered professional engineer, the certificate of record of the holder of a certificate as engineer-in-training, or the certificate of authorization of a firm, partnership, or corporation.

AB726,213 Section 213. 443.11 (5) of the statutes is repealed.

AB726,214 Section 214. 443.11 (6) of the statutes is amended to read:

AB726,57,18 443.11 (6) The appropriate section of the examining board, for reasons it considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any firm, partnership, or corporation, whose certificate has been revoked under this section if 3 members of the section of the examining board vote in favor of such reissuance. Subject to the rules of the examining board, the appropriate section of the examining board may, upon payment of the required fee, issue a new certificate of registration, certificate of record or certificate of authorization, to replace any certificate that is revoked, lost, destroyed, or mutilated.

AB726,215 Section 215. 443.12 (1) of the statutes is amended to read:

AB726,57,24 443.12 (1) The professional land surveyor section examining board may reprimand a professional land surveyor, or limit, suspend, or revoke the license of any professional land surveyor, for the practice of any fraud or deceit in obtaining the license, or any gross negligence, incompetence, or misconduct in the practice of professional land surveying.

AB726,216 Section 216. 443.12 (2) of the statutes is amended to read:

AB726,58,6 443.12 (2) Charges of fraud, deceit, gross negligence, incompetence, or misconduct may be made against any professional land surveyor by the professional land surveyor section examining board or any person. Such charges may be made on information and belief, but shall be in writing, stating the specific acts, be signed by the complainant and be submitted to the examining board. All charges shall be heard according to the rules promulgated under s. 440.03 (1).

AB726,217 Section 217. 443.12 (3) of the statutes is amended to read:

AB726,58,13 443.12 (3) If after a hearing 3 members vote the examining board finds in favor of reprimand or limiting, suspending, or revoking the license of a professional land surveyor, the professional land surveyor section examining board shall notify the surveyor to that effect. The surveyor shall return the license to the examining board immediately on receipt of notice of a revocation. The action of the professional land surveyor section may be reviewed under ch. 227.

AB726,218 Section 218. 443.12 (4) of the statutes is amended to read:

AB726,58,19 443.12 (4) The professional land surveyor section examining board, for reasons it deems sufficient, may reinstate a license to engage in the practice of professional land surveying that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a license that is revoked under s. 440.12.

AB726,219 Section 219. 443.13 (1) (intro.) of the statutes is amended to read:

AB726,58,23 443.13 (1) (intro.) The designers' section of the examining board may limit, suspend, or revoke a permit or reprimand the permittee if the permittee is guilty of any of the following:

AB726,220 Section 220. 443.13 (2) of the statutes is amended to read:

AB726,59,6 443.13 (2) If, after a hearing conducted under the rules promulgated under s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the examining board sustains the charges, the designers' section of the examining board shall reprimand the permittee or limit, suspend, or revoke the permit. The action of the designers' section of the examining board under this section is subject to review under ch. 227.

AB726,221 Section 221. 443.18 (1) (a) of the statutes is amended to read:

AB726,59,23 443.18 (1) (a) Any person who practices or offers to practice architecture, landscape architecture, or professional engineering in this state, or who uses the term "architect," "landscape architect," or "professional engineer" as part of the person's business name or title, except as provided in s. 443.08 (6), or in any way represents himself or herself as an architect, landscape architect, or a professional engineer unless the person is registered or exempted in accordance with this chapter, or unless the person is the holder of an unexpired permit issued under s. 443.10 (1) (d), or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who gives any false or forged evidence of any kind to the examining board or to any section of the examining board or to any member of the examining board or to any member of any section of the examining board in obtaining a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, or violates any of the provisions of this section, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.

AB726,222 Section 222. 443.18 (2) (a) of the statutes is amended to read:

AB726,60,11 443.18 (2) (a) If it appears upon complaint to the examining board or to any section of the examining board by any person, or is known to the examining board or to any section of the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture, landscape architecture, or professional engineering in this state, the appropriate section of the examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice architecture, landscape architecture, or professional engineering.

AB726,223 Section 223. 443.18 (2) (b) of the statutes is amended to read:

AB726,60,22 443.18 (2) (b) If it appears upon complaint to the examining board by any person, or is known to the examining board that any person who does not have a license to engage in the practice of professional land surveying in this state, or who is not exempt or excepted from the licensure requirements under this chapter, is engaging in or offering to engage in the practice of professional land surveying in this state, the professional land surveyor section, the examining board, the department, the department of justice, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of the state to enjoin the person from engaging in or offering to engage in the practice of professional land surveying.

AB726,224 Section 224. 448.05 (5) (c) of the statutes is amended to read:

AB726,60,25 448.05 (5) (c) In promulgating rules under par. (a), the board shall recognize the objective under s. 448.20 (4) (2m) (d).

AB726,225 Section 225. 448.20 (title) of the statutes is created to read:

AB726,61,2 448.20 (title) Medical assistants council.

AB726,226 Section 226. 448.20 of the statutes is renumbered 448.20 (2m), and 448.20 (2m) (title), (a), (c) (intro.) and (d), as renumbered, are amended to read:

AB726,61,13 448.20 (2m) (title) Council on Duties; physician assistants; duties. (a) Recommend licensing and practice standards. The council on physician assistants shall develop and recommend to the examining board licensing and practice standards for physician assistants. In developing the standards, the council shall consider the following factors: an individual's training, wherever given; experience, however acquired, including experience obtained in a hospital, a physician's office, the armed services or the federal health service of the United States, or their equivalent as found by the examining board; and education, including that offered by a medical school and the technical college system board.

AB726,61,15 (c) Advise board. (intro.) The council shall advise the board on all of the following:

AB726,61,18 (d) Adhere to program objectives. In formulating standards under this section subsection, the council shall recognize that an objective of this program is to increase the existing pool of health personnel.

AB726,227 Section 227. 448.20 (1m) of the statutes is created to read:

AB726,61,21 448.20 (1m) Definition. In this section, "council" means the medical assistants council.

AB726,228 Section 228. 448.20 (4m) of the statutes is created to read:

AB726,61,24 448.20 (4m) Duties; perfusionists. The council shall consult with the board as provided in s. 448.40 (2) (b) and (c).

AB726,229 Section 229. 448.23 of the statutes is renumbered 448.20 (3m) and amended to read:

AB726,62,7 448.20 (3m) Council on Duties; anesthesiologist assistants. The council on anesthesiologist assistants shall guide, advise, and make recommendations to the board regarding the scope of anesthesiologist assistant practice and promote the safe and competent practice of anesthesiologist assistants in the delivery of health care services.

AB726,230 Section 230. 448.40 (2) (b) of the statutes is amended to read:

AB726,62,11 448.40 (2) (b) Establishing the scope of the practice of perfusion. In promulgating rules under this paragraph, the board shall consult with the perfusionists examining medical assistants council.

AB726,231 Section 231. 448.40 (2) (c) of the statutes is amended to read:

AB726,62,16 448.40 (2) (c) Establishing continuing education requirements for renewal of a license to practice perfusion under s. 448.13 (2). In promulgating rules under this paragraph, the board shall consult with the perfusionists examining medical assistants council.

AB726,232 Section 232. Subchapter III (title) of chapter 448 [precedes 448.50] of the statutes is repealed.

AB726,233 Section 233. 448.50 of the statutes is renumbered 464.01, and 464.01 (1v), as renumbered, is amended to read:

AB726,62,22 464.01 (1v) "Examining board" means the physical medical therapy examining board.

AB726,234 Section 234. 448.51 (title) of the statutes is renumbered 464.02 (title).

AB726,235 Section 235. 448.51 (1) of the statutes is renumbered 464.02 (1) (a) and amended to read:

AB726,63,3 464.02 (1) (a) Except as provided in s. 448.52 sub. (2), no person may practice physical therapy unless the person is licensed as a physical therapist under this subchapter.

AB726,236 Section 236. 448.51 (1e) of the statutes is renumbered 464.02 (1) (b).

AB726,237 Section 237. 448.51 (1s) of the statutes is renumbered 464.02 (1) (c).

AB726,238 Section 238. 448.51 (2) (a) of the statutes is repealed.

AB726,239 Section 239. 448.51 (2) (b) of the statutes is renumbered 464.02 (1) (d) and amended to read:

AB726,63,11 464.02 (1) (d) Except as provided in s. 448.52 (2m) sub. (2) (b), no person may claim to render physical therapy or physiotherapy services unless the person is licensed as a physical therapist under this subchapter.

AB726,240 Section 240. 448.52 (title) of the statutes is repealed.

AB726,241 Section 241. 448.52 (1m) of the statutes is renumbered 464.02 (2) (a).

AB726,242 Section 242. 448.52 (2m) of the statutes is renumbered 464.02 (2) (b), and 464.02 (2) (b) 1., as renumbered, is amended to read:

AB726,63,18 464.02 (2) (b) 1. Except as provided in par. (b) subd. 2., a chiropractor licensed under ch. 446 claiming to render physical therapy, if the physical therapy is provided by a physical therapist employed by the chiropractor.

AB726,243 Section 243. 448.522 of the statutes is renumbered 464.08 (7).

AB726,244 Section 244. 448.527 (title) of the statutes is repealed.

AB726,245 Section 245. 448.527 of the statutes is renumbered 464.03 (1) and amended to read:

AB726,63,25 464.03 (1) The examining board shall promulgate Promulgate rules establishing a code of ethics governing the professional conduct of physical therapists and physical therapist assistants.

AB726,246 Section 246. 448.53 of the statutes is renumbered 464.04, and 464.04 (1) (e), as renumbered, is amended to read:

AB726,64,3 464.04 (1) (e) Passes an examination under s. 448.54 464.06.

AB726,247 Section 247. 448.535 of the statutes is renumbered 464.05, and 464.05 (1) (e), as renumbered, is amended to read:

AB726,64,6 464.05 (1) (e) Passes an examination under s. 448.54 464.06.

AB726,248 Section 248. 448.54 of the statutes is renumbered 464.06, and 464.06 (3), as renumbered, is amended to read:

AB726,64,14 464.06 (3) Notwithstanding s. 448.53 464.04 (1) (f), the examining board may not require an applicant for physical therapist licensure to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a physical therapy school that is not in the United States if the applicant establishes, to the satisfaction of the examining board, that he or she satisfies the requirements under s. 448.53 464.04 (3).

AB726,249 Section 249. 448.55 of the statutes is renumbered 464.07, and 464.07 (2), as renumbered, is amended to read:

AB726,64,22 464.07 (2) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under rules promulgated under s. 448.53 464.04 (2), 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 proof of compliance with the requirements established in any rules promulgated under sub. (3).

AB726,250 Section 250. 448.56 (title) of the statutes is renumbered 464.08 (title) and amended to read:

AB726,64,25 464.08 (title) Practice requirements and restrictions.

AB726,251 Section 251. 448.56 (1) of the statutes is renumbered 464.08 (1) (a) and amended to read:

AB726,65,17 464.08 (1) (a) Except as provided in this subsection paragraph and s. 448.52 464.02 (2), a person may practice physical therapy only upon the written referral of a physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2). Written referral is not required if a physical therapist provides services in schools to children with disabilities, as defined in s. 115.76 (5), pursuant to rules promulgated by the department of public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning, or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber certified under s. 441.16 (2) who made the diagnosis. The examining board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection paragraph.

AB726,252 Section 252. 448.56 (1m) (title) of the statutes is renumbered 464.08 (2) (title).

AB726,253 Section 253. 448.56 (1m) (a) of the statutes is renumbered 464.08 (2).

AB726,254 Section 254. 448.56 (1m) (b) of the statutes is renumbered 464.08 (1) (b) and amended to read:

AB726,66,2 464.08 (1) (b) The examining board shall promulgate rules establishing the requirements that a physical therapist must satisfy if a physician, physician assistant, chiropractor, dentist, podiatrist, or advanced practice nurse prescriber makes a written referral under sub. (1) par. (a). The purpose of the rules shall be to ensure continuity of care between the physical therapist and the health care practitioner.

AB726,255 Section 255. 448.56 (2) of the statutes is renumbered 464.08 (3) and amended to read:

AB726,66,10 464.08 (3) Fee splitting. No licensee may give or receive, directly or indirectly, to or from any other person any fee, commission, rebate, or other form of compensation or anything of value for sending, referring, or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally by the licensee or at the licensee's direction.

AB726,256 Section 256. 448.56 (3) to (5) of the statutes are renumbered 464.08 (4) to (6).

AB726,257 Section 257. 448.56 (6) of the statutes is renumbered 464.08 (8) and amended to read:

AB726,66,19 464.08 (8) Physical therapist assistants. A physical therapist assistant may assist a physical therapist in the practice of physical therapy if the physical therapist provides direct or general supervision of the physical therapist assistant. The examining board shall promulgate rules defining "direct or general supervision" for purposes of this subsection. Nothing in this subsection interferes with delegation authority under any other provision of this chapter or ch. 448.

AB726,258 Section 258. 448.565 (title) of the statutes is repealed.