SB232: Bill Text

SB232,7,5 (b) Dentistry examining board under ch. 447.

SB232,7,6 (c) Medical examining board under subch. II of ch. 448.

SB232,7,7 (d) Physical therapy examining board under subch. III of ch. 448.

SB232,7,8 (e) Podiatry affiliated credentialing board under subch. IV of ch. 448.

SB232,7,9 (f) Dietitians affiliated credentialing board under subch. V of ch. 448.

SB232,7,10 (g) Athletic trainers affiliated credentialing board under subch. VI of ch. 448.

SB232,7,12 (h) Occupational therapists affiliated credentialing board under subch. VII of ch. 448.

SB232,7,13 (i) Optometry examining board under ch. 449.

SB232,7,14 (j) Pharmacy examining board under ch. 450.

SB232,7,15 (k) The department of safety and professional services under ch. 451.

SB232,7,16 (L) Psychology examining board under ch. 455.

SB232,7,18 (m) Marriage and family therapy, professional counseling, and social work examining board under ch. 457.

SB232,7,19 (n) Hearing and speech examining board under subch. II of ch. 459.

SB232,7,21 (o) The massage therapy and bodywork therapy affiliated credentialing board under ch. 460.

SB232,13 Section 13 . 446.02 (1) (b) of the statutes is amended to read:

SB232,8,14 446.02 (1) (b) Submits evidence satisfactory to the examining board that the person meets the requirements of continuing education for license renewal as the examining board may require, which requirements shall include current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. Hours of continuing education completed under subs. (2) (dm) and (4) (b) shall count toward any hours required under this paragraph. The person shall include the approval number assigned under sub. (5) (b) to each educational program completed by the person to satisfy the requirements of this paragraph. During the time between initial licensure and commencement of a full 2-year licensure period new licensees shall not be required to meet continuing education requirements. Any person who has not engaged in the practice of chiropractic for 2 years or more, while holding a valid license under this chapter, and desiring to engage in such practice, shall be required by the examining board to complete a continuing education course at a school of chiropractic approved by the examining board or pass a practical examination administered by the examining board or both.

SB232,14 Section 14 . 446.02 (2) (d) of the statutes is created to read:

SB232,8,17 446.02 (2) (d) 1. No person may practice chiropractic dry needling unless he or she is a chiropractor who is licensed under this chapter and certified under subd. 2.

SB232,8,18 1m. No certification is required under subd. 2. for any of the following:

SB232,8,19 a. A licensed chiropractor who is registered under s. 446.023.

SB232,8,20 b. An acupuncturist who is certified under ch. 451.

SB232,9,2 2. The examining board shall issue a certificate to practice dry needling to a chiropractor who is licensed under this chapter, who submits satisfactory evidence that the chiropractor has completed 50 hours of postgraduate study in chiropractic dry needling that is approved by the examining board, and who pays a one-time certification fee of $25, except that no certification fee is required under this subdivision for an individual who is eligible for the veterans fee waiver program under s. 45.44.

SB232,9,4 3. Subject to subd. 4., the examining board shall promulgate rules implementing the postgraduate education requirement under subd. 2.

SB232,9,8 4. Each program sponsor of an education program required to be completed by a chiropractor as a condition of certification under subd. 2. shall submit the program to the examining board for approval. Under this subdivision, “program sponsor” has the meaning given in s. 446.028.

SB232,15 Section 15 . 446.02 (2) (dm) of the statutes is created to read:

SB232,9,20 446.02 (2) (dm) The examining board shall issue a certificate to a chiropractor who is licensed under this chapter and who submits satisfactory evidence that the chiropractor has completed postgraduate study in performing health or physical examinations for participation in school or college athletic activities. The chiropractor shall pay a one-time certification fee of $25, except that no fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under s. 45.44. The examining board shall promulgate rules that establish minimum requirements or standards for the postgraduate study that shall be completed in order to obtain a certificate under this paragraph. The examining board shall also promulgate rules that require continuing education in order to maintain the certificate.

SB232,16 Section 16. 446.02 (7) (a) of the statutes is renumbered 446.02 (7) (a) (intro.) and amended to read:

SB232,9,24 446.02 (7) (a) (intro.) Except as provided in pars. (b) and (d), a chiropractor who is licensed under this chapter may delegate to a person who is not licensed under this chapter the performance of adjunctive services if the services are performed by any of the following under the direct, on-premises supervision of the chiropractor.:

SB232,17 Section 17. 446.02 (7) (a) 2. of the statutes is created to read:

SB232,10,4 446.02 (7) (a) 2. A health care professional.

SB232,18 Section 18 . 446.02 (7) (d) 1. of the statutes is renumbered 446.02 (7) (d) and amended to read:

SB232,10,9 446.02 (7) (d) Beginning on July 1, 2010, a A chiropractor may delegate X-ray services only to a chiropractic radiological technologist technician or a health care professional acting within the scope of his or her license, registration, or certification.

SB232,19 Section 19 . 446.02 (7) (d) 2. of the statutes is renumbered 446.02 (7) (a) 1. and amended to read:

SB232,10,13 446.02 (7) (a) 1. Beginning on July 1, 2010, a chiropractor may delegate adjunctive services only to a A chiropractic technologist technician.

SB232,20 Section 20 . 446.02 (10m) of the statutes is created to read:

SB232,10,18 446.02 (10m) A licensed chiropractor who has a valid federal motor carrier safety administration medical examiner certification credential issued under 49 CFR 390.109 may conduct medical examinations for the federal motor carrier safety administration pursuant to 49 USC 31149 and 49 CFR parts 390 and 391.

SB232,21 Section 21 . 446.023 of the statutes is created to read:

SB232,10,22 446.023 Chiropractic acupuncture. (1) Definition. In this section, “licensed chiropractor" means a person who is licensed by the examining board to engage in the practice of chiropractic.

SB232,10,25 (2) Registration required. (a) Except as provided under par. (b), no person may practice chiropractic acupuncture unless he or she is a licensed chiropractor who is registered under this section.

SB232,11,1 (b) No registration is required under this section for any of the following:

SB232,11,2 1. An acupuncturist who is certified under ch. 451.

SB232,11,5 2. A licensed chiropractor who practices chiropractic acupuncture as part of a supervised course of study or residency program in chiropractic acupuncture that is approved by the examining board.

SB232,11,7 (c) The examining board shall register a licensed chiropractor under this section who does all of the following:

SB232,11,9 1. Submits an application for registration to the examining board on a form provided by the examining board.

SB232,11,14 2. Submits evidence satisfactory to the examining board that the licensed chiropractor has completed at least 200 hours of postgraduate instruction in chiropractic acupuncture at a college of chiropractic approved by the examining board or at a college or university accredited by an accrediting agency that is recognized by the secretary of the federal department of education.

SB232,11,16 3. Successfully completes the acupuncture examination administered by the National Board of Chiropractic Examiners.

SB232,11,17 4. Pays a registration fee of $100.

SB232,11,21 (3) Restriction on advertising. A licensed chiropractor who is registered under this section may not advertise or hold himself or herself out as employing traditional Oriental medical concepts in the practice of chiropractic acupuncture unless the licensed chiropractor is also an acupuncturist certified under ch. 451.

SB232,11,23 (4) Registration renewal. (a) The renewal date for a registration under this section is specified under s. 440.08 (2) (a). There is no renewal fee.

SB232,12,4 (b) A licensed chiropractor registered under this section shall, at the time that he or she applies for renewal of a registration under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 4 hours of continuing education during the previous 2-year registration period in a chiropractic acupuncture–related program approved by the examining board under s. 446.028.

SB232,12,7 (5) Rules. The examining board shall promulgate rules to implement this section and s. 446.02 (2) (d). The rules promulgated under this subsection shall incorporate the rules of the department promulgated under s. 451.12.

SB232,22 Section 22 . 446.026 (1) (a) of the statutes is amended to read:

SB232,12,12 446.026 (1) (a) No person may provide adjunctive services unless the person is a chiropractic technician and is under the direct, on-premises supervision of a chiropractor licensed under this chapter, or the person is a health care professional, subject to s. 446.02 (7).

SB232,23 Section 23 . 446.03 (intro.) of the statutes is amended to read:

SB232,12,18 446.03 Reprimand; revocation, limitation, or suspension of a license or certificate. (intro.) The examining board, by order, may reprimand a licensee, certificate holder, or registrant and may deny, limit, suspend or revoke any license, certificate, or certificate of registration if the licensee, certificate holder, or registrant does any of the following:

SB232,24 Section 24 . 446.03 (1) of the statutes is amended to read:

SB232,12,21 446.03 (1) Obtains the license, certificate, or certificate of registration through error or fraud.

SB232,25 Section 25 . 446.04 (2) of the statutes is amended to read:

SB232,12,24 446.04 (2) Loaning of a chiropractic license or certificate, or of a registration issued under s. 446.023, to anyone.

SB232,26 Section 26 . 446.04 (4) of the statutes is amended to read:

SB232,13,2 446.04 (4) Splitting or dividing any fee for chiropractic service with any person except an associate licensed chiropractor or an acupuncturist certified under ch. 451.

SB232,27 Section 27 . 446.04 (6) of the statutes is created to read:

SB232,13,5 446.04 (6) Use of unsanitary or unsafe acupuncture or dry needling equipment, contrary to the rules promulgated under s. 446.023 (5).

SB232,28 Section 28 . 446.05 (1) of the statutes is amended to read:

SB232,13,11 446.05 (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 , 446.023, or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

SB232,29 Section 29 . 451.02 (1) of the statutes is amended to read:

SB232,13,16 451.02 (1) An individual holding a license, permit , registration, or certificate under ch. 441, 446, 447, 448, or 449 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit, registration, or certificate.

SB232,30 Section 30 . 632.87 (3) (d) of the statutes is created to read:

SB232,13,21 632.87 (3) (d) Paragraphs (a) and (b) do not apply to a licensed chiropractor's practice of chiropractic acupuncture within the scope of a registration issued under s. 446.023 or chiropractic dry needling within the scope of a certification issued under s. 446.02 (2) (d).

SB232,31 Section 31 . Chir 2.01 (2) of the administrative code is repealed.

SB232,32 Section 32. Chir 3.02 (1) (intro.) of the administrative code is amended to read:

SB232,14,3 Chir 3.02 (1) Requirements for renewal. (intro.) To renew and obtain a new license a licensee shall, by December 31 14 of the even-numbered year following initial licensure and every 2 years thereafter, file with the department:

SB232,33 Section 33. Chir 4.05 (1) (b) 3. of the administrative code is renumbered Chir 4.05 (1) (b) 3. (intro.) and amended to read:

SB232,14,7 Chir 4.05 (1) (b) 3. (intro.) Acupuncture by needle insertion or invasive laser application. This subdivision shall not be construed to prohibit any of the following:

SB232,34 Section 34. Chir 4.05 (1) (b) 3. a. of the administrative code is created to read:

SB232,14,9 Chir 4.05 (1) (b) 3. a. The use of cold laser therapy by a licensed chiropractor.

SB232,35 Section 35. Chir 4.05 (1) (b) 3. b. of the administrative code is created to read:

SB232,14,13 Chir 4.05 (1) (b) 3. b. The practice of acupuncture by a licensed chiropractor who is also an acupuncturist certified under ch. 451, Stats., at the same location where he or she practices chiropractic.

SB232,36 Section 36. Chir 4.05 (2m) of the administrative code is created to read:

SB232,14,18 Chir 4.05 (2m) The board may consider the opinion of the National Board of Chiropractic Examiners with respect to the techniques, ancillary procedures, and instruments that are safe and effective for the practice of chiropractic for purposes of sub. (2).

SB232,37 Section 37. Chir 9.01 (1) of the administrative code is amended to read:

SB232,14,23 Chir 9.01 (1) “Chiropractic student" means a student of an approved college of chiropractic in his or her last academic quarter, semester, or trimester of study, who is eligible for graduation from the college of chiropractic but for completion of a preceptorship period.

SB232,38 Section 38. Chir 10.01 (3) of the administrative code is amended to read:

SB232,15,4 Chir 10.01 (3) “Unlicensed person" means a person who does not possess a valid license to practice chiropractic in this state pursuant to ch. 446 is a chiropractic technician or chiropractic radiological technician and who is not a health care professional, as defined in s. 446.01 (1v), Stats.

SB232,9148 Section 9148. Nonstatutory provisions; University of Wisconsin System.

SB232,15,11 (1) Physical examinations; Wisconsin Collegiate Conference. Each college campus, as defined in section 36.05 (6m) of the statutes, shall undertake to amend any bylaws, operating code, or regulations and agreements governing the conduct of athletes of the Wisconsin Collegiate Conference as necessary to maintain consistency with section 36.24 of the statutes.

SB232,9335 Section 9335. Initial applicability; Public Instruction.

SB232,15,15 (1) Physical examinations by sports physical training certificate holders. The treatment of section 118.294 (2) of the statutes first applies to physical examinations completed on the effective date of this subsection.

SB232,15,18 (2) Contracting with interscholastic associations. The treatment of section 118.294 (3) of the statutes first applies to a contract that is entered into, renewed, or modified on the effective date of this subsection.