LRB-3753/1
MED:klm&cjs
2021 - 2022 LEGISLATURE
June 25, 2021 - Introduced by Representatives VanderMeer, Moses,
Cabral-Guevara, Billings, Brandtjen, Dallman, Doyle, Knodl, Mursau,
Novak, Oldenburg, Pronschinske, Rozar, Spiros, Subeck, Tauchen,
Thiesfeldt, Wichgers, Shelton and Tusler, cosponsored by Senators
Ballweg, Cowles, Felzkowski, Marklein, Nass, L. Taylor and Pfaff.
Referred to Committee on Regulatory Licensing Reform.
AB410,1,9
1An Act to amend 49.45 (9r) (a) 7. c., 146.81 (1) (es), 146.997 (1) (d) 4., 146.997
2(1) (d) 5., 155.01 (7), 252.14 (1) (ar) 4p., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2.,
3440.03 (13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (h), 448.956 (1m),
4448.96 (4) and (6), 448.961, 448.968 (2) (intro.), 450.10 (3) (a) 5. and 451.02 (1);
5and
to create 14.89, 440.03 (11m) (c) 2r., 448.96 (1n) and (1o) and subchapter
6XI of chapter 448 [precedes 448.987] of the statutes;
relating to: ratification
7of the Occupational Therapy Licensure Compact, extending the time limit for
8emergency rule procedures, providing an exemption from emergency rule
9procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Occupational Therapy Licensure
Compact (compact), which provides for the ability of an occupational therapist or
occupational therapy assistant licensed in one member state (licensee) to obtain a
“compact privilege” to practice in a remote state without obtaining a license in that
remote state. Significant provisions of the compact include:
1. The creation of a Occupational Therapy Compact Commission (commission),
which includes one member or representative of the licensure boards of each member
state. The compact grants various powers and duties to the commission, including
overseeing the administration of the compact, enforcing the compact, adopting
bylaws, promulgating binding rules for the compact, establishing an executive
committee, and employing officers and employees. The commission may levy on and
collect an annual assessment from each member state or impose fees on other parties
to cover the cost of the operations and activities of the commission and its staff.
2. A process whereby a licensee may obtain a compact privilege to practice in
another member state. A licensee's primary state of residence is considered to be his
or her home state, and any other member state in which the licensee seeks to practice
is considered a remote state. A licensee providing occupational therapy in a remote
state under a compact privilege is subject to that state's regulatory authority. A
remote state may take action against a licensee's compact privilege in the remote
state, and the licensee is then not eligible for a compact privilege in any state until
certain criteria are met. If a licensee's compact privilege in any remote state is
removed, the individual may lose his or her compact privilege in any remote state
until certain criteria are met. However, a home state has the exclusive power to
impose adverse action against a license issued by the home state. If a home state
license is encumbered (i.e., suspended), the licensee's compact privilege in any
remote state is deactivated until all encumbrances have been removed from the
home state license. Member states may charge a fee for granting a compact privilege
and may impose a jurisprudence requirement for granting a compact privilege that
assesses an individual's knowledge of the laws and rules governing the practice of
occupational therapy in a particular state.
3. The ability for member boards to conduct joint investigations of licensees and
the ability of member states to issue subpoenas that are enforceable in other states.
4. The creation of a coordinated database and reporting system containing
licensure, adverse action, and investigative information on all licensed individuals
in member states. A member state must submit a uniform data set to the data system
on all individuals to whom this compact is applicable as required by the rules of the
commission.
5. Various provisions regarding resolutions of disputes between the
commission and member states and between member and nonmember states,
including a process for termination of a state's membership in the compact if the state
defaults on its obligations under the compact.
The compact becomes effective in this state upon enactment of the bill or upon
enactment of the compact in ten states, whichever occurs later. The compact
provides that it may be amended upon enactment of an amendment by all member
states. A state may withdraw from the compact by repealing the statute authorizing
the compact, but the compact provides that a withdrawal does not take effect until
six months after the effective date of that repeal.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB410,1
1Section
1. 14.89 of the statutes is created to read:
AB410,3,6
214.89 Occupational therapy licensure compact. There is created an
3occupational therapy compact commission as specified in s. 448.987. The delegate
4of the commission representing this state shall be an individual described in s.
5448.987 (8) (b) 2. The commission has the powers and duties granted and imposed
6under s. 448.987.
AB410,2
7Section
2. 49.45 (9r) (a) 7. c. of the statutes is amended to read:
AB410,3,98
49.45
(9r) (a) 7. c. An occupational therapist
who is licensed under subch. VII
9of ch. 448
or who holds a compact privilege under subch. XI of ch. 448.
AB410,3
10Section
3. 146.81 (1) (es) of the statutes is amended to read:
AB410,3,1311
146.81
(1) (es) An occupational therapist or occupational therapy assistant
who
12is licensed under subch. VII of ch. 448
or who holds a compact privilege under subch.
13XI of ch. 448.
AB410,4
14Section
4. 146.997 (1) (d) 4. of the statutes is amended to read:
AB410,3,2015
146.997
(1) (d) 4. A physician, podiatrist,
or perfusionist, physical therapist,
16or physical therapist assistant
, occupational therapist, or occupational therapy
17assistant licensed under ch. 448
or; a physical therapist or physical therapist
18assistant who holds a compact privilege under subch. IX of ch. 448
; or an occupational
19therapist or occupational therapy assistant who holds a compact privilege under
20subch. XI of ch. 448.
AB410,5
21Section
5. 146.997 (1) (d) 5. of the statutes is amended to read:
AB410,4,2
1146.997
(1) (d) 5.
An occupational therapist, occupational therapy assistant,
2physician assistant or A respiratory care practitioner certified under ch. 448.
AB410,6
3Section
6. 155.01 (7) of the statutes is amended to read:
AB410,4,164
155.01
(7) “Health care provider" means a nurse licensed or permitted under
5ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
6physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
7therapist assistant, occupational therapist, or occupational therapy assistant
8licensed under ch. 448, a person practicing Christian Science treatment, an
9optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical
10therapist or physical therapist assistant who holds a compact privilege under subch.
11IX of ch. 448,
an occupational therapist or occupational therapy assistant who holds
12a compact privilege under subch. XI of ch. 448, a partnership thereof, a corporation
13or limited liability company thereof that provides health care services, a cooperative
14health care association organized under s. 185.981 that directly provides services
15through salaried employees in its own facility, or a home health agency, as defined
16in s. 50.49 (1) (a).
AB410,7
17Section
7. 252.14 (1) (ar) 4p. of the statutes is amended to read:
AB410,4,2018
252.14
(1) (ar) 4p. An occupational therapist or occupational therapy assistant
19who is licensed under subch. VII of ch. 448
or who holds a compact privilege under
20subch. XI of ch. 448.
AB410,8
21Section
8. 440.03 (9) (a) (intro.) of the statutes is amended to read:
AB410,5,222
440.03
(9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
23the department shall, biennially, determine each fee for an initial credential for
24which no examination is required, for a reciprocal credential, and for a credential
1renewal and any
fee fees imposed under
s. ss. 448.986 (2)
and 448.9875 (2) by doing
2all of the following:
AB410,9
3Section
9. 440.03 (9) (a) 2. of the statutes is amended to read:
AB410,5,174
440.03
(9) (a) 2. Not later than January 31 of each odd-numbered year,
5adjusting for the succeeding fiscal biennium each fee for an initial credential for
6which an examination is not required, for a reciprocal credential, and, subject to s.
7440.08 (2) (a), for a credential renewal, and any
fee fees imposed under
s. ss. 448.986
8(2)
and 448.9875 (2), if an adjustment is necessary to reflect the approximate
9administrative and enforcement costs of the department that are attributable to the
10regulation of the particular occupation or business during the period in which the
11initial or reciprocal credential, credential renewal, or compact privilege is in effect
12and, for purposes of each fee for a credential renewal, to reflect an estimate of any
13additional moneys available for the department's general program operations as a
14result of appropriation transfers that have been or are estimated to be made under
15s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for
16an adjustment under this subdivision or during the fiscal biennium beginning on the
17July 1 immediately following the deadline for an adjustment under this subdivision.
AB410,10
18Section
10. 440.03 (11m) (c) 2r. of the statutes is created to read:
AB410,5,2119
440.03
(11m) (c) 2r. The coordinated database and reporting system under s.
20448.987 (9), if such disclosure is required under the occupational therapy licensure
21compact under s. 440.987.
AB410,11
22Section
11. 440.03 (13) (b) (intro.) of the statutes is amended to read:
AB410,6,423
440.03
(13) (b) (intro.) The department may investigate whether an applicant
24for or holder of any of the following credentials has been charged with or convicted
25of a crime only pursuant to rules promulgated by the department under this
1paragraph, including rules that establish the criteria that the department will use
2to determine whether an investigation under this paragraph is necessary, except as
3provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3.,
and 448.985 (3) (a) 4.
,
4and 448.987 (3) (a) 5. a. and (5) (b) 2. a.:
AB410,12
5Section
12. 440.03 (13) (c) of the statutes is amended to read:
AB410,7,36
440.03
(13) (c) The department shall require an applicant for a private
7detective license or a private security permit under s. 440.26, an applicant for a
8juvenile martial arts instructor permit under sub. (17), an applicant for a real estate
9appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a
10multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact
11license under s. 448.05 (2) (f), an applicant for a physical therapist license under s.
12448.53 or physical therapist assistant license under s. 448.535,
an applicant for an
13occupational therapist or occupational therapy assistant compact privilege under s.
14448.987 (4), an applicant for an occupational therapist or occupational therapy
15assistant license described in s. 448.987 (5) (b) 2. a., and a person for whom the
16department conducts an investigation under par. (b), to be photographed and
17fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
18fingerprints. The department of justice may submit the fingerprint cards, and the
19department of justice shall submit the fingerprint cards of all applicants for a real
20estate appraiser certification under s. 458.06 or license under s. 458.08, of all
21applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
22for a compact license under s. 448.05 (2) (f), and of all applicants for a physical
23therapist license under s. 448.53 or a physical therapist assistant license under s.
24448.535, to the federal bureau of investigation for the purpose of verifying the
25identity of the persons fingerprinted and obtaining records of their criminal arrests
1and convictions. Information obtained from the federal bureau of investigation may
2be shared with the department or the appropriate credentialing board, but shall
3otherwise be kept confidential and is not subject to disclosure under s. 19.35.
AB410,7,11
6440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
7441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.
, 448.987 (3) (a) 5. a. and (5) (b)
82. a., 450.071 (3) (c) 9., and 450.075 (3) (c) 9., the department or a credentialing board
9may not require that an applicant for a credential or a credential holder be
10fingerprinted or submit fingerprints in connection with the department's or the
11credentialing board's credentialing.
AB410,14
12Section
14. 446.01 (1v) (h) of the statutes is amended to read:
AB410,7,1513
446.01
(1v) (h) Occupational therapists affiliated credentialing board under
14subch. VII of ch. 448.
“Health care professional" also includes an individual who
15holds a compact privilege under subch. XI of ch. 448.
AB410,15
16Section
15. 448.956 (1m) of the statutes is amended to read:
AB410,7,2317
448.956
(1m) Subject to sub. (1) (a), a licensee may provide athletic training
18to an individual without a referral, except that a licensee may not provide athletic
19training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
20setting unless the licensee has obtained a written referral for the individual from a
21practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
22under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
23privilege under subch. IX
or XI of ch. 448.
AB410,16
24Section
16. 448.96 (1n) and (1o) of the statutes are created to read:
AB410,8,2
1448.96
(1n) “Compact" means the occupational therapy licensure compact
2under s. 448.987.
AB410,8,4
3(1o) “Compact privilege" means a compact privilege, as defined in s. 448.987
4(2) (d), that is granted under the compact to an individual to practice in this state.
AB410,17
5Section
17. 448.96 (4) and (6) of the statutes are amended to read:
AB410,8,86
448.96
(4) “Occupational therapist" means an individual who is licensed by the
7affiliated credentialing board to practice occupational therapy
or who holds an
8occupational therapist compact privilege.
AB410,8,12
9(6) “Occupational therapy assistant" means an individual who is licensed by
10the affiliated credentialing board to assist in the practice of occupational therapy
11under the supervision of an occupational therapist
or who holds an occupational
12therapy assistant compact privilege.
AB410,18
13Section
18. 448.961 of the statutes is amended to read:
AB410,8,19
14448.961 License required. (1) Except as provided in s. 448.962 (1),
a
no 15person
who is not licensed as an occupational therapist may
not practice
16occupational therapy, designate himself or herself as an occupational therapist,
17claim to render occupational therapy services
, or use the abbreviation “O.T." or
18“O.T.R." after the person's name
unless the person is licensed as an occupational
19therapist or holds a valid occupational therapist compact privilege.
AB410,9,2
20(2) Except as provided in s. 448.962 (2)
a , no person
who is not licensed as an
21occupational therapy assistant may
not assist in the practice of occupational therapy,
22describe himself or herself as an occupational therapy assistant
or, claim to render
23occupational therapy services as an occupational therapy assistant
, or use the
24abbreviation “O.T.A." or “C.O.T.A." after the person's name
unless the person is
1licensed as an occupational therapy assistant or holds a valid occupational therapy
2assistant compact privilege.
AB410,19
3Section
19. 448.968 (2) (intro.) of the statutes is amended to read:
AB410,9,84
448.968
(2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
5affiliated credentialing board may reprimand a licensee
or compact privilege holder 6or deny, limit, suspend or revoke a license granted under this subchapter
or a
7compact privilege if it finds that the applicant
or
, licensee
, or compact privilege
8holder has done any of the following:
AB410,20
9Section
20. Subchapter XI of chapter 448 [precedes 448.987] of the statutes
10is created to read:
AB410,9,1412
SUBCHAPTER XI
13
OCCUPATIONAL therapy
14
licensure compact
AB410,9,21
15448.987 Occupational therapy licensure compact. (1) Purpose. The
16purpose of this compact is to facilitate interstate practice of occupational therapy
17with the goal of improving public access to occupational therapy services. The
18practice of occupational therapy occurs in the state where the patient/client is located
19at the time of the patient/client encounter. The compact preserves the regulatory
20authority of states to protect public health and safety through the current system of
21state licensure. This compact is designed to achieve the following objectives:
AB410,9,2322
(a) Increase public access to occupational therapy services by providing for the
23mutual recognition of other member state licenses;
AB410,9,2424
(b) Enhance the states' ability to protect the public's health and safety;
AB410,10,2
1(c) Encourage the cooperation of member states in regulating multi-state
2occupational therapy practice;
AB410,10,33
(d) Support spouses of relocating military members;
AB410,10,54
(e) Enhance the exchange of licensure, investigative, and disciplinary
5information between member states;
AB410,10,76
(f) Allow a remote state to hold a provider of services with a compact privilege
7in that state accountable to that state's practice standards; and
AB410,10,98
(g) Facilitate the use of telehealth technology in order to increase access to
9occupational therapy services.
AB410,10,11
10(2) Definitions. As used in this compact, and except as otherwise provided, the
11following definitions shall apply:
AB410,10,1412
(a) “Active duty military” means full-time duty status in the active uniformed
13service of the United States, including members of the National Guard and Reserve
14on active duty orders pursuant to
10 USC ch. 1209 and
10 USC ch. 1211.
AB410,10,2015
(b) “Adverse action” means any administrative, civil, equitable, or criminal
16action permitted by a state's laws which is imposed by a licensing board or other
17authority against an occupational therapist or occupational therapy assistant,
18including actions against an individual's license or compact privilege such as
19censure, revocation, suspension, probation, monitoring of the licensee, or restriction
20on the licensee's practice.
AB410,10,2221
(c) “Alternative program” means a non-disciplinary monitoring process
22approved by an occupational therapy licensing board.
AB410,11,323
(d) “Compact privilege” means the authorization, which is equivalent to a
24license, granted by a remote state to allow a licensee from another member state to
25practice as an occupational therapist or practice as a occupational therapy assistant
1in the remote state under its laws and rules. The practice of occupational therapy
2occurs in the member state where the patient/client is located at the time of the
3patient/client encounter.
AB410,11,64
(e) “Continuing competence/education” means a requirement, as a condition of
5license renewal, to provide evidence of participation in, and/or completion of,
6educational and professional activities relevant to practice or area of work.
AB410,11,117
(f) “Current significant investigative information” means investigative
8information that a licensing board, after an inquiry or investigation that includes
9notification and an opportunity for the occupational therapist or occupational
10therapy assistant to respond, if required by state law, has reason to believe is not
11groundless and, if proved true, would indicate more than a minor infraction.