AB64: Bill Text

AB64,834,17 SUBCHAPTER V

AB64,834,18 PEDDLERS; PRIVATE schools

AB64,1936 Section 1936 . 440.52 (title) of the statutes is created to read:

AB64,834,21 440.52 (title) Private trade, correspondence, business, and technical schools.

AB64,1937 Section 1937. 440.88 (6) of the statutes is amended to read:

AB64,835,9 440.88 (6) Revocation, denial, suspension, or limitation of certification Disciplinary proceedings and actions. The department may, after a hearing held in conformity with ch. 227, revoke, deny, suspend, or limit under this subchapter the certification of any substance abuse counselor, clinical supervisor, or prevention specialist or reprimand the substance abuse counselor, clinical supervisor, or prevention specialist, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence. The department may also, in addition to or in lieu of any such disciplinary action, assess a forfeiture of not more than $1,000 for each separate instance of fraud or deceit in obtaining the certification or unprofessional conduct, incompetence, or professional negligence, if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1938 Section 1938. 440.93 (1m) of the statutes is created to read:

AB64,835,15 440.93 (1m) The board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (g) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1939 Section 1939. 440.968 (1m) of the statutes is created to read:

AB64,835,21 440.968 (1m) The department may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1940 Section 1940. 440.986 (2m) of the statutes is created to read:

AB64,836,2 440.986 (2m) The department may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1941 Section 1941. 440.987 of the statutes is repealed.

AB64,1942 Section 1942. 441.07 (1i) of the statutes is created to read:

AB64,836,9 441.07 (1i) The board may, in addition to or in lieu of any disciplinary action under sub. (1g), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1g) (a) to (f) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1943 Section 1943. 442.12 (1) (bm) of the statutes is created to read:

AB64,836,16 442.12 (1) (bm) In addition to or in lieu of action under par. (b), assess a forfeiture of not more than $1,000 for each separate offense against the holder of a license or certificate under this chapter who violates this chapter or any duly promulgated standard or rule of practice or for any other sufficient cause if the action presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1944 Section 1944. 443.132 of the statutes is created to read:

AB64,836,23 443.132 Administrative forfeiture. The appropriate section of the examining board may, in addition to or in lieu of any disciplinary action under s. 443.11, 443.12, or 443.13, assess a forfeiture of not more than $1,000 for each separate offense against a person who violates s. 443.11 (1) (a) to (f), 443.12 (1), or 443.13 (1) (a) to (e), if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1945 Section 1945. 446.03 (title) of the statutes is repealed and recreated to read:

AB64,836,25 446.03 (title) Disciplinary proceedings and actions.

AB64,1946 Section 1946. 446.03 of the statutes is renumbered 446.03 (1m).

AB64,1947 Section 1947. 446.03 (2m) of the statutes is created to read:

AB64,837,7 446.03 (2m) The examining board may, in addition to or in lieu of any disciplinary action under sub. (1m), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1m) (a) to (g) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1948 Section 1948. 446.05 (1) of the statutes is amended to read:

AB64,837,13 446.05 (1) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any licensed chiropractor who, it has reason to believe, violated s. 446.02 or 446.03 (1m). The person complained against may proceed to review any action of the examining board under ch. 227.

AB64,1949 Section 1949. 446.05 (1m) of the statutes is amended to read:

AB64,837,19 446.05 (1m) (a) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic radiological technician who, it has reason to believe, violated s. 446.025 or 446.03 (1m). The person complained against may proceed to review any action of the examining board under ch. 227.

AB64,837,24 (b) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic technician who, it has reason to believe, violated s. 446.026 or 446.03 (1m). The person complained against may proceed to review any action of the examining board under ch. 227.

AB64,1950 Section 1950. 448.02 (3) (cg) of the statutes is created to read:

AB64,838,5 448.02 (3) (cg) Subject to par. (cm), the board may, in addition to or in lieu of any disciplinary action under par. (c), assess a forfeiture of not more than $1,000 for each separate offense against a person who is guilty of unprofessional conduct or negligence in treatment if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1951 Section 1951. 448.05 (5) (c) of the statutes is amended to read:

AB64,838,8 448.05 (5) (c) In promulgating rules under par. (a), the board shall recognize the objective under s. 448.20 (4) (2m) (d).

AB64,1952 Section 1952 . 448.20 (title) of the statutes is repealed and recreated to read:

AB64,838,10 448.20 (title) Medical assistants council.

AB64,1953 Section 1953 . 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:

AB64,838,21 448.20 (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.

AB64,838,23 (c) Advise board. (intro.) The council shall advise the board on all of the following:

AB64,839,3 (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.

AB64,1954 Section 1954 . 448.20 (1m) of the statutes is created to read:

AB64,839,6 448.20 (1m) Definition. In this section, “council" means the medical assistants council.

AB64,1955 Section 1955 . 448.20 (4m) of the statutes is created to read:

AB64,839,9 448.20 (4m) Duties; perfusionists. The council shall consult with the board as provided in s. 448.40 (2) (b) and (c).

AB64,1956 Section 1956 . 448.20 (5m) of the statutes is created to read:

AB64,839,13 448.20 (5m) Duties; respiratory care practitioners. The council shall advise the board regarding the promulgation of rules relating to respiratory care practitioners.

AB64,1957 Section 1957 . 448.23 of the statutes is renumbered 448.20 (3m) and amended to read:

AB64,839,20 448.20 (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.

AB64,1958 Section 1958 . 448.40 (2) (b) of the statutes is amended to read:

AB64,839,24 448.40 (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.

AB64,1959 Section 1959 . 448.40 (2) (c) of the statutes is amended to read:

AB64,840,4 448.40 (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.

AB64,1960 Section 1960. Subchapter III (title) of chapter 448 [precedes 448.50] of the statutes is repealed.

AB64,1961 Section 1961. 448.50 of the statutes is renumbered 464.01, and 464.01 (1v) and (4) (b) 1., as renumbered, are amended to read:

AB64,840,10 464.01 (1v) “Examining board" means the physical medical therapy examining board.

AB64,840,14 (4) (b) 1. Using roentgen rays or radium for any purpose, except that “physical therapy" includes ordering X-rays to be performed by qualified persons, subject to s. 448.56 (7) 464.08 (9) (a), and using X-ray results to determine a course of care or to determine whether a referral to another health care provider is necessary.

AB64,1962 Section 1962. 448.51 (title) of the statutes is renumbered 464.02 (title).

AB64,1963 Section 1963. 448.51 (1) of the statutes is renumbered 464.02 (1) (a) and amended to read:

AB64,840,20 464.02 (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.

AB64,1964 Section 1964. 448.51 (1e) of the statutes is renumbered 464.02 (1) (b).

AB64,1965 Section 1965. 448.51 (1s) of the statutes is renumbered 464.02 (1) (c).

AB64,1966 Section 1966. 448.51 (2) of the statutes is renumbered 464.02 (1) (d) and amended to read:

AB64,841,3 464.02 (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.

AB64,1967 Section 1967. 448.52 (title) of the statutes is repealed.

AB64,1968 Section 1968. 448.52 (1m) of the statutes is renumbered 464.02 (2) (a).

AB64,1969 Section 1969. 448.52 (2m) of the statutes is renumbered 464.02 (2) (b), and 464.02 (2) (b) 1., as renumbered, is amended to read:

AB64,841,10 464.02 (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.

AB64,1970 Section 1970. 448.522 of the statutes is renumbered 464.08 (7).

AB64,1971 Section 1971. 448.527 (title) of the statutes is repealed.

AB64,1972 Section 1972. 448.527 of the statutes is renumbered 464.03 (1) and amended to read:

AB64,841,17 464.03 (1) The examining board shall promulgate Promulgate rules establishing a code of ethics governing the professional conduct of physical therapists and physical therapist assistants.

AB64,1973 Section 1973. 448.53 of the statutes is renumbered 464.04, and 464.04 (1) (e), as renumbered, is amended to read:

AB64,841,20 464.04 (1) (e) Passes an examination under s. 448.54 464.06.

AB64,1974 Section 1974. 448.535 of the statutes is renumbered 464.05, and 464.05 (1) (e), as renumbered, is amended to read:

AB64,841,23 464.05 (1) (e) Passes an examination under s. 448.54 464.06.

AB64,1975 Section 1975. 448.54 of the statutes is renumbered 464.06, and 464.06 (3), as renumbered, is amended to read:

AB64,842,6 464.06 (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).

AB64,1976 Section 1976. 448.55 of the statutes is renumbered 464.07, and 464.07 (2), as renumbered, is amended to read:

AB64,842,14 464.07 (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).

AB64,1977 Section 1977. 448.56 (title) of the statutes is renumbered 464.08 (title) and amended to read:

AB64,842,17 464.08 (title) Practice requirements and restrictions.

AB64,1978 Section 1978. 448.56 (1) of the statutes is renumbered 464.08 (1) (a) and amended to read:

AB64,843,9 464.08 (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.

AB64,1979 Section 1979. 448.56 (1m) (title) of the statutes is renumbered 464.08 (2) (title).

AB64,1980 Section 1980. 448.56 (1m) (a) of the statutes is renumbered 464.08 (2).

AB64,1981 Section 1981. 448.56 (1m) (b) of the statutes is renumbered 464.08 (1) (b) and amended to read:

AB64,843,20 464.08 (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.

AB64,1982 Section 1982. 448.56 (2) of the statutes is renumbered 464.08 (3) and amended to read:

AB64,844,3 464.08 (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.