AB64: Bill Text

AB64,862,14 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 464.40 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter subch. I or II of this chapter; under ch. 446; under subch. II, IV, or V of ch. 448; or under s. 441.16 (2).

AB64,862,16 (3) (intro.) When working on behalf of his or her employer, a licensee may, in accordance with a protocol established under sub. (1) (a), do all any of the following:

AB64,862,22 (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.

AB64,2059 Section 2059. 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:

AB64,863,4 464.48 (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.

AB64,863,8 (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:

AB64,863,9 (c) Advertised in a manner that is false, deceptive, or misleading.

AB64,863,10 (d) Advertised, practiced, or attempted to practice under another's name.

AB64,863,12 (h) Failed to cooperate with the affiliated credentialing examining board in an investigation under this section.

AB64,863,15 (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).

AB64,2060 Section 2060. 448.958 (title) of the statutes is repealed.

AB64,2061 Section 2061. 448.958 of the statutes is renumbered 464.49 (2) and amended to read:

AB64,863,24 464.49 (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.

AB64,2062 Section 2062. 448.959 (title) of the statutes is repealed.

AB64,2063 Section 2063. 448.959 of the statutes is renumbered 464.49 (1).

AB64,2064 Section 2064. 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:

AB64,864,5 Chapter 464

AB64,864,6 Subchapter II

AB64,864,9 OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING BOARD Therapy

AB64,2065 Section 2065. 448.96 of the statutes is renumbered 464.20, and 464.20 (1), (3), (4), (5) and (6), as renumbered, are amended to read:

AB64,864,13 464.20 (1) “Affiliated credentialing “Examining board" means the occupational therapists affiliated credentialing medical therapy examining board.

AB64,864,16 (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.

AB64,864,18 (4) “Occupational therapist" means an individual who is licensed by the affiliated credentialing examining board to practice occupational therapy.

AB64,864,23 (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.

AB64,865,3 (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.

AB64,2066 Section 2066. 448.961 (title) of the statutes is renumbered 464.21 (title).

AB64,2067 Section 2067. 448.961 (1) of the statutes is renumbered 464.21 (1) (a) and amended to read:

AB64,865,11 464.21 (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.

AB64,2068 Section 2068. 448.961 (2) of the statutes is renumbered 464.21 (1) (b) and amended to read:

AB64,865,19 464.21 (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.

AB64,2069 Section 2069. 448.962 (intro.) of the statutes is repealed.

AB64,2070 Section 2070. 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:

AB64,865,24 464.21 (2) (a) (intro.) Require any of the following None of the following is required to be licensed as an occupational therapist under this subchapter:

AB64,866,3 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:

AB64,866,5 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB64,866,8 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.

AB64,2071 Section 2071. 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:

AB64,866,12 464.21 (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:

AB64,866,15 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:

AB64,866,17 4. Any person lawfully practicing within the scope of a license, permit, registration, or certification granted by this state or the federal government.

AB64,2072 Section 2072. 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:

AB64,866,22 464.22 (2) (intro.) The affiliated credentialing examining board shall grant a license as an occupational therapist to a person who does all of the following:

AB64,866,24 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB64,867,5 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.

AB64,867,9 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.

AB64,867,10 (c) Passes an examination under s. 448.964 464.23.

AB64,867,12 (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:

AB64,867,14 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing examining board that he or she has done any of the following:

AB64,867,19 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.

AB64,867,23 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.

AB64,867,24 (c) Passes an examination under s. 448.964 464.23.

AB64,868,3 (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:

AB64,868,6 (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.

AB64,868,10 (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.

AB64,2073 Section 2073. 448.964 of the statutes is renumbered 464.23, and 464.23 (1), as renumbered, is amended to read:

AB64,868,16 464.23 (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.

AB64,2074 Section 2074. 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:

AB64,868,21 464.24 (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:

AB64,868,23 (b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 464.25 (2).

AB64,869,3 (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.

AB64,2075 Section 2075. 448.966 of the statutes is renumbered 464.234 and amended to read:

AB64,869,12 464.234 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).

AB64,869,19 (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).

AB64,2076 Section 2076. 448.967 of the statutes is renumbered 464.25, and 464.25 (2), as renumbered, is amended to read:

AB64,870,2 464.25 (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).

AB64,2077 Section 2077. 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:

AB64,870,8 464.26 (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.

AB64,870,12 (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:

AB64,870,13 (c) Advertised in a manner that is false, deceptive, or misleading.

AB64,870,14 (d) Advertised, practiced, or attempted to practice under another's name.

AB64,870,16 (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).

AB64,2078 Section 2078. 448.969 (title) of the statutes is repealed.

AB64,2079 Section 2079. 448.969 of the statutes is renumbered 464.27 (3) and amended to read:

AB64,870,25 464.27 (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.

AB64,2080 Section 2080. 448.970 (title) of the statutes is repealed.

AB64,2081 Section 2081. 448.970 (1) of the statutes is renumbered 464.27 (1).

AB64,2082 Section 2082. 448.970 (2) of the statutes is renumbered 464.27 (2) and amended to read:

AB64,871,10 464.27 (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.

AB64,2083 Section 2083 . 449.01 (4) of the statutes is amended to read:

AB64,871,13 449.01 (4) Examining board. In this chapter, “examining board" means optometry examining board the medical examining board.

AB64,2084 Section 2084. 449.07 (title) of the statutes is repealed and recreated to read:

AB64,871,15 449.07 (title) Disciplinary proceedings and actions.

AB64,2085 Section 2085. 449.07 (2) of the statutes is created to read:

AB64,871,21 449.07 (2) The examining 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 (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,2086 Section 2086. 450.10 (3) (a) 5. of the statutes is amended to read:

AB64,871,25 450.10 (3) (a) 5. A physician, physician assistant, or podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448.

AB64,2087 Section 2087. 450.10 (3) (a) 5q. of the statutes is renumbered 450.10 (3) (a) 14. and amended to read:

AB64,872,3 450.10 (3) (a) 14. An athletic trainer licensed under subch. VI III of ch. 448 464.

AB64,2088 Section 2088. 450.10 (3) (a) 12. of the statutes is created to read: