448.956(1)(a)(a) A licensee may engage in athletic training only in accordance with an evaluation and treatment protocol that is established by the athletic trainer and approved by the consulting physician in accordance with the rules promulgated under
s. 448.9525 (2) and recorded on a protocol form prescribed by the affiliated credentialing board under
s. 448.9525 (1) (c).
448.956(1)(am)
(am) A protocol established under
par. (a) shall require an athletic trainer to notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains new injuries.
448.956(1)(b)
(b) A licensee shall have a copy of the protocol established under
par. (a) at his or her place of employment at all times.
448.956(2)
(2) In addition to engaging in athletic training under a protocol established under
sub. (1), a licensee may do any of the following:
448.956(2)(a)
(a) Monitor the general behavior and general physical response of a person to treatment and rehabilitation, including monitoring whether the person's behavior or response show abnormal characteristics and monitoring whether the person exhibits abnormal signs or symptoms.
448.956(2)(b)
(b) Suggest modifications in treatment or rehabilitation of an injured person to the consulting physician or any other health care provider who is providing treatment to the person.
448.956(2)(c)
(c) Develop and administer an athletic training program for a person. An athletic training program under this paragraph may include providing education and counseling to a person.
448.956(3)
(3) When working on behalf of his or her primary employer, a licensee may, in accordance with a protocol established under
sub. (1) (a), do all of the following:
448.956(3)(a)
(a) Treat and rehabilitate an athletic injury using cold, heat, light, sound, electricity, exercise, chemicals or mechanical devices.
448.956(3)(b)
(b) Evaluate and treat a person for an athletic injury that has not previously been diagnosed.
448.956(3)(c)
(c) Treat or rehabilitate an employee of the primary employer with an injury that is identical to an athletic injury and that has resulted from an occupational activity as directed, supervised and inspected by a physician, as defined in
s. 448.01 (5), or by a person licensed under
s. 446.02, who has the power to direct, decide and oversee the implementation of the treatment or rehabilitation.
448.956(4)
(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
ch. 446 or
447 or
subch. II,
III or
IV of ch. 448 and who can provide appropriate treatment to the patient.
448.956(5)
(5) A licensee shall modify or terminate treatment of a patient that is not beneficial to a patient or that the patient cannot tolerate.
448.956 History
History: 1999 a. 9.
448.956 Cross-reference
Cross Reference: See also ch.
AT 4, Wis. adm. code.
448.957
448.957
Disciplinary proceedings and actions. 448.957(1)(1) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
448.957(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the affiliated credentialing 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:
448.957(2)(a)
(a) Made a material misstatement in an application for a license or for renewal of a license.
448.957(2)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the practice of athletic training.
448.957(2)(c)
(c) Advertised in a manner that is false, deceptive or misleading.
448.957(2)(d)
(d) Advertised, practiced or attempted to practice under another's name.
448.957(2)(e)
(e) Subject to
ss. 111.321,
111.322 and
111.34, practiced athletic training while the applicant's or licensee's ability to practice was impaired by alcohol or other drugs.
448.957(2)(f)
(f) Engaged in unprofessional or unethical conduct.
448.957(2)(g)
(g) Engaged in conduct while practicing athletic training that evidences a lack of knowledge or ability to apply professional principles or skills.
448.957(2)(h)
(h) Failed to cooperate with the affiliated credentialing board in an investigation under this section.
448.957(2)(i)
(i) Aided another person in violating this subchapter or any rule promulgated under this subchapter.
448.957(2)(j)
(j) Violated this subchapter or any rule promulgated under this subchapter.
448.957(3)
(3) In addition to or in lieu of the penalties provided under
sub. (2), the affiliated credentialing board may assess against an applicant or licensee a forfeiture of not more than $10,000 for each violation specified under
sub. (2).
448.957 History
History: 1999 a. 9.
448.957 Cross-reference
Cross Reference: See also ch.
AT 5, Wis. adm. code.
448.958
448.958
Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing 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.
448.958 History
History: 1999 a. 9.
448.959
448.959
Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
448.959 History
History: 1999 a. 9.
OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING BOARD
Subch. VII of ch. 448 Cross-reference
Cross Reference: See also ch.
Med 19, Wis. adm. code.
448.96
448.96
Definitions. In this subchapter:
448.96(1)
(1) "Affiliated credentialing board" means the occupational therapists affiliated credentialing board.
448.96(2)
(2) "Licensee" means an individual granted a license under this subchapter.
448.96(3)
(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.
448.96(4)
(4) "Occupational therapist" means an individual who is licensed by the affiliated credentialing board to practice occupational therapy.
448.96(5)
(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.
448.96(6)
(6) "Occupational therapy assistant" means an individual who is licensed by the affiliated credentialing board to assist in the practice of occupational therapy under the supervision of an occupational therapist.
448.96 History
History: 1999 a. 180 ss.
20,
22,
56.
448.961(1)(1) Except as provided in
s. 448.962 (1), 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.
448.961(2)
(2) Except as provided in
s. 448.962 (2) 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.
448.961 History
History: 1999 a. 180 ss.
24,
28,
56.
448.962
448.962
Applicability. This subchapter does not do any of the following:
448.962(1)
(1) Require any of the following to be licensed as an occupational therapist:
448.962(1)(a)
(a) Any person employed as an occupational therapist by a federal agency, as defined under
s. 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.
448.962(1)(b)
(b) Any person pursuing a supervised course of study, including internship, leading to a degree or certificate in occupational therapy under an accredited or approved educational program, if the person is designated by a title which clearly indicates his or her status as a student or trainee.
448.962(1)(c)
(c) Any person performing occupational therapy services in this state under a limited permit, as provided under
s. 448.963 (4), if at least one of the following applies:
448.962(1)(c)1.
1. The person is licensed or certified as an occupational therapist under the law of another state which has licensure or certification requirements that are determined by the board to be at least as stringent as the requirements of this subchapter.
448.962(1)(c)2.
2. The person meets the requirements for initial certification as an occupational therapist, registered, established by the National Board for Certification in Occupational Therapy.
448.962(1)(d)
(d) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.
448.962(1)(e)
(e) 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.
448.962(2)
(2) Require any of the following to be licensed as an occupational therapy assistant:
448.962(2)(a)
(a) Any person employed as an occupational therapy assistant by a federal agency, as defined under
s. 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.
448.962(2)(b)
(b) Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy assistantship under an approved educational program, if the person is designated by a title which clearly indicates his or her status as a student or trainee.
448.962(2)(c)
(c) Any person performing occupational therapy services in this state under a limited permit, as provided under
s. 448.963 (4), if at least one of the following applies:
448.962(2)(c)1.
1. The person is licensed or certified as an occupational therapy assistant under the law of another state which has licensure or certification requirements that are determined by the board to be at least as stringent as the requirements of this subchapter.
448.962(2)(c)2.
2. The person meets the requirements for initial certification as a certified occupational therapy assistant, established by the National Board for Certification in Occupational Therapy.
448.962(2)(d)
(d) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government.
448.962 History
History: 1999 a. 180 ss.
25 to
31,
56.
448.963
448.963
Licensure requirements; limited permits. 448.963(1)(1) An applicant for a license granted under this subchapter shall do each of the following:
448.963(1)(a)
(a) Submit an application for the license to the department on a form provided by the department.
448.963(2)
(2) The affiliated credentialing board shall grant a license as an occupational therapist to a person who does all of the following:
448.963(2)(b)
(b) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:
448.963(2)(b)1.
1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.
448.963(2)(b)2.
2. Received initial certification as an occupational therapist by the National Board for Certification in Occupational Therapy.
448.963(2)(b)3.
3. Been initially certified as an occupational therapist by the National Board for Certification in Occupational Therapy, if the affiliated credentialing board determines that the requirements for the certification are equivalent to the requirements under
subds. 1. and
2.
448.963(3)
(3) The affiliated credentialing board shall grant a license as an occupational therapy assistant to a person who does all of the following:
448.963(3)(b)
(b) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:
448.963(3)(b)1.
1. Successfully completed the academic requirements and supervised internship of an educational program in occupational therapy recognized by the affiliated credentialing board and accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association.
448.963(3)(b)2.
2. Received initial certification as an occupational therapy assistant by the National Board for Certification in Occupational Therapy.
448.963(3)(b)3.
3. Been initially certified as an occupational therapy assistant by the National Board for Certification in Occupational Therapy, if the affiliated credentialing board determines that the requirements for the certification are equivalent to the requirements under
subds. 1. and
2.
448.963(4)
(4) The affiliated credentialing board may, upon application, issue a permit for a limited period of time designated by the affiliated credentialing board to any of the following:
448.963(4)(a)
(a) A person who presents evidence satisfactory to the affiliated credentialing board of having met the requirements under
sub. (2) (b) 1. or
2., to practice occupational therapy in association with an occupational therapist.
448.963(4)(b)
(b) A person who presents evidence satisfactory to the affiliated credentialing 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.
