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(d) The person is an individual found incompetent, as defined in s. 54.01 (16).
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6461.04 Required disclosures. (1) A complementary and alternative health
7care practitioner shall provide to a client all of the following:
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(a) Reasonable notice of a change to complementary and alternative health care
9services provided.
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(b) Reasonable notice of a change to a charge for a complementary and
11alternative health care service.
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(c) Complete and current information concerning the complementary and
13alternative health care practitioner's assessment of the client and the recommended
14complementary and alternative health care service that is to be provided, including
15the expected duration of the service and access to the client's records and written
16information contained in the client's records.
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17(2) A complementary and alternative health care practitioner shall, before
18providing a complementary and alternative health care service, disclose to a client
19in a plainly worded written statement all of the following:
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(a) The name, business address, and telephone number of the complementary
21and alternative health care practitioner.
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(b) The fact that the complementary and alternative health care practitioner
23is not practicing under a health care license, certification, or registration granted by
24this state.
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1(c) The nature of the complementary and alternative health care service to be
2provided.
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(d) A list of any degree, training, experience, or other qualification the
4complementary and alternative health care practitioner has or holds regarding the
5complementary and alternative health care service to be provided.
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(e) The complementary and alternative health care practitioner's fees per unit
7of service and the method of billing for such fees.
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(f) A statement that the client has a right to reasonable notice of a change to
9complementary and alternative health care services provided or to a charge for a
10complementary and alternative health care service.
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(g) A statement that the client has the right to complete and current
12information concerning the complementary and alternative health care
13practitioner's assessment and recommended complementary and alternative health
14care service that is to be provided, including the expected duration of the service to
15be provided and the client's right to be allowed access to the client's records and
16written information in the client's records.
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(h) A statement that the complementary and alternative health care
18practitioner may not release a client's records or information about the client's
19transactions unless the release is authorized by the client in writing or otherwise
20provided by law.
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(i) A statement that the client has a right to coordinated transfer if there is a
22change in the provider of complementary and alternative health care services.
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(j) The name, address, and telephone number of the department and a
24statement that the client may file a complaint with the department regarding
25conduct that violates this chapter.
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1(3) A complementary and alternative health care practitioner shall display a
2written notice containing all of the information that is required under sub. (2) in a
3prominent location where complementary and alternative health care services are
4provided. The notice shall be written in not less than 12-point font size, and the
5complementary and alternative health care provider shall make a reasonable
6accommodation to disclose the information in the notice to a client who cannot read,
7who has a communication impairment, or who does not read or speak English or the
8same language as the complementary and alternative health care practitioner.
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9(4) (a) A client shall sign a written acknowledgment stating that the client has
10been provided with the information described under subs. (1) and (2) before a
11complementary and alternative health care practitioner may provide a
12complementary and alternative health care service to the client for the first time.
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(b) If the information that is described under sub. (1) changes after a client
14signs the written acknowledgment under par. (a), the client shall sign another
15written acknowledgement stating that the client has been provided with the
16up-to-date information described under subs. (1) and (2) before a complementary
17and alternative health care practitioner may provide a complementary and
18alternative health care service to the client for the first time after the information
19changes.
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(c) The complementary and alternative health care practitioner shall provide
21a client with a copy of a signed acknowledgement under par. (a) or (b) and shall
22maintain each signed acknowledgement for at least 2 years.
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23(5) If a complementary and alternative health care practitioner does not
24possess a credential, the complementary and alternative health care practitioner
25shall in each advertisement made for a complementary and alternative health care
1service disclose that he or she has not been granted a license to practice a licensed
2health profession in this state.
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3(6) Subsections (2) to (5) do not apply to an employee of a licensed health care
4facility or an employee of or a person acting pursuant to the direction of a licensed
5health professional practicing within the scope of his or her practice.
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6461.05 Applicability. (1) Nothing in this chapter applies to, controls, or
7prevents any acts or persons that would otherwise already be exempt from
8professional practice acts.
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9(2) Nothing in this chapter limits the right of a person to seek relief for
10negligent or willful harm, or any other relief, against a complementary and
11alternative health care practitioner.
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12461.06 Enforcement. (1) If it appears upon the complaint of any person to
13the department that a complementary and alternative health care practitioner is
14violating this chapter, the department may investigate the alleged violation.
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15(2) If the department determines that a complementary and alternative health
16care practitioner has violated this chapter, the department may do any of the
17following:
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(a) Provide a written notice to the complementary and alternative health care
19practitioner that requests that the complementary and alternative health care
20practitioner correct the activity that violates this chapter.
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(b) For a violation of this chapter other than a violation of s. 461.04, issue a
22cease and desist order that prohibits the complementary and alternative health care
23practitioner from engaging in conduct that violates chs. 440 to 480.
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1(c) For a violation of this chapter other than a violation of s. 461.04, assess
2against the complementary and alternative health care practitioner a forfeiture of
3not more than $10,000 for each violation.
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4Section 2
.
Effective date.
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(1)
This act takes effect on July 1, 2020.
