KP:cdc
2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Dittrich, Horlacher,
Kitchens, Murphy, Mursau, Schraa, Skowronski, Wichgers, Zimmerman,
Callahan, Edming, Sortwell, Moses and Rozar, cosponsored by Senators
Felzkowski, Kooyenga and Bernier. Referred to Committee on Health.
AB86,1,5
1An Act to create chapter 461 of the statutes;
relating to: providing
2complementary and alternative health care practitioners with exemptions
3from practice protection laws, requirements and prohibitions for individuals
4who provide complementary and alternative health care services, and
5providing a penalty.
Analysis by the Legislative Reference Bureau
This bill does the following: 1) establishes certain requirements and
prohibitions for complementary and alternative health care (CAHC) practitioners;
2) provides exemptions for CAHC practitioners from prohibitions against acting
without certain health-care related licenses, certifications, and other credentials if
they comply with provisions in the bill; and 3) provides the Department of Safety and
Professional Services with authority to investigate and take action against a CAHC
practitioner for violating a provision in the bill.
Under current law, DSPS, in conjunction with a number of credentialing boards
attached to DSPS, regulates and provides for the credentialing of various types of
health-care professions. Current law contains numerous prohibitions against
engaging in certain health-care related practices and against using titles associated
with certain health-care related professions without a required credential.
The bill establishes certain requirements pertaining to CAHC practitioners,
which are not specifically regulated or required to hold a specific credential under
current law. The bill requires a CAHC practitioner to provide to each client, before
first providing CAHC services to the client, certain information in a plainly worded
written statement, including the following: 1) information about the CAHC
practitioner; 2) a notice explaining that the CAHC practitioner is not practicing
under a health-care related credential granted by the state; 3) information about the
nature of the service to be provided; and 4) a list of any degrees, training, experience,
or other qualification that the CAHC practitioner has.
The bill requires a CAHC practitioner, before providing CAHC services to a
client, to obtain a written and signed acknowledgement from the client stating that
the client has received the information required to be provided. The bill requires the
CAHC practitioner to provide a copy of the acknowledgement to the client and to
retain a copy of it for at least two years.
The bill prohibits a person from acting as a CAHC practitioner if the person is
or was a credentialed health care professional and had his or her credential revoked
or suspended, unless the credential was subsequently reinstated; if the person was
convicted of certain felonies and has not completed his or her sentence; or if the
person is an individual found incompetent by a court.
The bill also prohibits a CAHC practitioner from taking other specific actions,
including the following: 1) taking certain actions with respect to prescription drugs;
2) recommending the discontinuation of treatment that is prescribed by a health care
professional; 3) making a diagnosis of a medical disease; or 4) holding himself or
herself out as a credentialed health care professional without a credential.
The bill provides that a CAHC practitioner does not violate any of the
prohibitions against engaging in the practices of medicine and surgery, midwifery,
nurse-midwifery, professional nursing, chiropractic, dentistry, perfusion,
respiratory care, physical therapy, podiatry, occupational therapy, optometry,
psychology, psychotherapy, clinical social work, marriage and family therapy,
professional counseling, pharmacy, speech pathology, audiology, acupuncture,
cosmetology, massage or bodywork therapy, and selling and fitting hearing aids; the
prohibition against claiming to provide dietetic services; or the prohibitions against
acting as a physician assistant or as an ambulance service provider, with respect to
the provision of CAHC services to a client, if the CAHC practitioner provides that
client with the statement required under the bill and does not violate the
prohibitions in the bill.
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:
AB86,1
1Section
1. Chapter 461 of the statutes is created to read:
AB86,3,2
1complementary and alternative
2
health care practices
AB86,3,3
3461.01 Definitions. In this chapter:
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4(1) “Client” means an individual who receives or seeks to receive services from
5a complementary and alternative health care practitioner.
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6(2) “Complementary and alternative health care practitioner” means an
7individual, other than a health care professional acting within the scope of his or her
8practice, who provides or offers to provide complementary and alternative health
9care services to a client in exchange for compensation or holds himself or herself out
10to the public as a provider of complementary and alternative health care services.
AB86,3,14
11(3) “Complementary and alternative health care service” means a health care
12practice or method of healing therapy or modality other than one that a
13complementary and alternative health care practitioner is prohibited from providing
14under s. 461.03 (1), including any of the following:
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(a) Acupressure.
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(b) Aromatherapy.
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(c) Ayurveda.
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(d) Body work.
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(e) Cranial sacral therapy.
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(f) Culturally traditional healing practices.
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(g) Detoxification practices and therapies.
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(h) Folk practices.
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(i) Healing practices utilizing food, food supplements, nutrients, and the
24physical forces of heat, cold, water, touch, and light.
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(j) Healing touch.
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1(k) Herbology or herbalism.
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(L) Homeopathy.
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(m) Kinesiology.
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(n) Massage and massage therapy.
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(o) Meditation.
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(p) Mind-body healing practices.
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(q) Polarity therapy.
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(r) Reflexology.
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(t) Traditional naturopathy.
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11(4) “Controlled substance” has the meaning given in s. 961.01 (4).
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12(5) “Credential” has the meaning given in s. 440.01 (2) (a).
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13(6) “Dangerous drug” means any of the following:
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(a) A prescription drug, as defined in s. 450.01 (20).
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(b) A drug that is required by federal law to be labeled as a drug that may only
16be prescribed to an animal.
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17(7) “Health care professional” has the meaning given for “health care provider”
18in s. 146.81 (1) (a) to (hp) and also includes a licensed midwife, as defined in s.
19440.9805 (2).
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20461.02 Exemptions from requirements to hold credentials. 21Notwithstanding ss. 256.15 (2), 440.982 (1), 441.06 (4), 441.15 (2), 446.02 (1), 447.03
22(1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961
23(1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02 (1m), 457.04 (4), (5),
24(6), and (7), 459.02 (1), 459.24 (1), and 460.02, a complementary and alternative
25health care practitioner does not violate any of the prohibitions against engaging in
1a practice without a credential under s. 256.15 (2), 440.982 (1), 441.06 (4), 441.15 (2),
2446.02 (1), 447.03 (1) or (2), 448.03 (1) (a), (b), or (c) or (1m), 448.51 (1), 448.61, 448.76,
3448.961 (1) or (2), 449.02 (1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02 (1m), 457.04
4(4), (5), (6), or (7), 459.02 (1), 459.24 (1), or 460.02 and may provide complementary
5and alternative health care services unless the complementary and alternative
6health care practitioner violates s. 461.03 or 461.04.
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7461.03 Prohibitions. (1) A complementary and alternative health care
8practitioner may not do any of the following:
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(a) Perform surgery.
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(b) Set fractures.
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(c) Puncture the skin, except by pricking a finger for purposes of blood
12screening.
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(d) Prescribe or administer X-ray services.
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(e) Prescribe or administer a dangerous drug, controlled substance, or device,
15as defined in s. 450.01 (6), that may be prescribed or administered only by a health
16care professional.
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(f) Perform a chiropractic adjustment or manipulation of joints or a spine.
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(g) Hold out, state, or imply to a person that he or she is a health care
19professional.
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(h) Recommend to a client that he or she discontinue current medical treatment
21that is prescribed by a health care professional.
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(i) Make a diagnosis of a medical disease other than a general assessment
23regarding normal structure or function in humans.
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24(2) A complementary and alternative health care practitioner may not do any
25of the following:
AB86,6,1
1(a) Engage in any of the following:
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1. Sexual contact, as defined in s. 939.22 (34), with a client.
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2. Contact with a client that may be reasonably interpreted by the client as
4sexual.
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3. Verbal behavior that is seductive or sexually demeaning to a client.
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4. Sexual exploitation of a client or former client.
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(b) Falsely advertise or provide false information about the complementary and
8alternative health care practitioner's degree, training, experience, or other
9qualification or about a complementary and alternative health care service.
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(c) Violate a law relating to a dangerous drug or a controlled substance.
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(d) Release a client's records or information about the client's transactions
12unless the release is authorized by the client in writing or otherwise provided by law.
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(e) Give or receive, directly or indirectly, to or from any other person any fee,
14commission, rebate, or other form of compensation or anything of value for sending,
15referring, or otherwise inducing a person to communicate with a complementary and
16alternative health care practitioner in a professional capacity, or for any
17complementary and alternative health care service not actually rendered personally
18by the complementary and alternative health care practitioner.
AB86,6,20
19(3) No person may act as a complementary and alternative health care
20practitioner if any of the following applies:
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(a) The person is or was a health care professional and had his or her credential
22revoked or suspended, unless the credential was subsequently reinstated.
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(b) The person was convicted of a felony against a person and has not completed
24his or her sentence, including any probation, parole, or extended supervision.
AB86,7,2
1(c) The person was convicted of a felony, the circumstances of which relate to
2providing health care.
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(d) The person is an individual found incompetent, as defined in s. 54.01 (16).
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4461.04 Required disclosures. (1) A complementary and alternative health
5care 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
7services provided.
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(b) Reasonable notice of a change to a charge for a complementary and
9alternative health care service.
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(c) Complete and current information concerning the complementary and
11alternative health care practitioner's assessment of the client and the recommended
12complementary and alternative health care service that is to be provided, including
13the expected duration of the service and access to the client's records and written
14information contained in the client's records.
AB86,7,17
15(2) A complementary and alternative health care practitioner shall, before
16providing a complementary and alternative health care service, disclose to a client
17in a plainly worded written statement all of the following:
AB86,7,1918
(a) The name, business address, and telephone number of the complementary
19and alternative health care practitioner.
