AB959: Bill Text

AB959,13 Section 13. 154.07 (1) (a) (intro.) of the statutes is amended to read:

AB959,,32 154.07 (1) (a) (intro.) No health care professional, inpatient health care facility, or person who is licensed, certified, or registered under ch. 441, 448, or 455, or 465 or holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465 and who is acting under the direction of a health care professional may be held criminally or civilly liable, or charged with unprofessional conduct, for any of the following:

AB959,14 Section 14. 155.01 (7) of the statutes is amended to read:

AB959,,34 155.01 (7) “Health care provider” means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch. 448, an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XII II of ch. 448 465, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB959,15 Section 15. 165.77 (1) (a) of the statutes is amended to read:

AB959,,36 165.77 (1) (a) “Health care professional” means a person who is licensed, certified, or registered under ch. 441, 448, or 455, or 465; a person who holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465; or a person who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB959,16 Section 16. 180.1901 (1m) (bu) of the statutes is renumbered 180.1901 (1m) (gm) and amended to read:

AB959,,38 180.1901 (1m) (gm) Occupational therapists affiliated credentialing therapy examining board under subch. VII of ch. 448 465.

AB959,17 Section 17. 252.14 (1) (ar) 4p. of the statutes is amended to read:

AB959,,40 252.14 (1) (ar) 4p. An occupational therapist or occupational therapy assistant who is licensed under subch. VII I of ch. 448 465 or who holds a compact privilege under subch. XII II of ch. 448 465.

AB959,18 Section 18. 256.215 (2) (b) of the statutes is amended to read:

AB959,,42 256.215 (2) (b) The emergency medical services provider establishes, submits to the department, and maintains patient care protocols corresponding to the appropriate service level to be used by a community paramedic or a community emergency medical services practitioner. The emergency medical services provider may include in a patient care protocol only those services that do not require a license, certificate, or other credential under subch. II, III, or IV, or VII of ch. 448 or ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459, or 465 to provide.

AB959,19 Section 19. 302.384 (1m) of the statutes is amended to read:

AB959,,44 302.384 (1m) In this section, “health care professional” means a person licensed, certified, or registered under ch. 441, 448, or 455, or 465; or a person who holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465; or a psychologist who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).

AB959,20 Section 20. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB959,,46 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 448.986 (2) and 448.9875 465.51 (2) by doing all of the following:

AB959,21 Section 21. 440.03 (9) (a) 2. of the statutes is amended to read:

AB959,,48 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2) and 448.9875 465.51 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department’s general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

AB959,22 Section 22. 440.03 (11m) (c) 2r. of the statutes is amended to read:

AB959,,50 440.03 (11m) (c) 2r. The coordinated database and reporting system under s. 448.987 465.50 (9), if such disclosure is required under the occupational therapy licensure compact under s. 440.987 465.50.

AB959,23 Section 23. 440.03 (13) (b) (intro.) of the statutes is amended to read:

AB959,,52 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 465.50 (3) (a) 5. a. and (5) (b) 2. a.:

AB959,24 Section 24. 440.03 (13) (c) of the statutes is amended to read:

AB959,,54 440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17), an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact license under s. 448.05 (2) (f), an applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 465.50 (4), an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 465.50 (5) (b) 2. a., an applicant for a psychologist license under s. 455.04, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

AB959,25 Section 25. 440.094 (1) (c) 9. of the statutes is amended to read:

AB959,,56 440.094 (1) (c) 9. An occupational therapist or occupational therapy assistant licensed under subch. VII I of ch. 448 465.

AB959,26 Section 26. 440.094 (2) (a) (intro.) of the statutes is amended to read:

AB959,,58 440.094 (2) (a) (intro.) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, and 465.03, a health care provider may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply:

AB959,27 Section 27. 440.15 of the statutes is amended to read:

AB959,,60 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., and 465.50 (3) (a) 5. a. and (5) (b) 2. a., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.

AB959,28 Section 28. 446.01 (1v) (h) of the statutes is renumbered 446.01 (1v) (p) and amended to read:

AB959,,62 446.01 (1v) (p) Occupational therapists affiliated credentialing therapy examining board under subch. VII I of ch. 448 465. “Health care professional” also includes an individual who holds a compact privilege under subch. XII II of ch. 448 465.

AB959,29 Section 29. 448.956 (1m) of the statutes is amended to read:

AB959,,64 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, or V, or VII of this chapter; under ch. 446; under subch. I of ch. 465; or under s. 441.16 (2) or from a practitioner who holds a compact privilege under subch. XI or XII of ch. 448 or subch. II of ch. 465.

AB959,30 Section 30. Subchapter VII (title) of chapter 448 [precedes 448.96] of the statutes is renumbered subchapter I (title) of chapter 465 [precedes 465.01] and amended to read:

AB959,,66 CHAPTER 465

AB959,,67 SUBCHAPTER I

AB959,,70 OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING THERAPY EXAMINING BOARD

AB959,31 Section 31. 448.96 (intro.) of the statutes is renumbered 465.01 (intro.).

AB959,32 Section 32. 448.96 (1) of the statutes is repealed.

AB959,33 Section 33. 448.96 (1n) of the statutes is renumbered 465.01 (3) and amended to read:

AB959,,74 465.01 (3) “Compact” means the occupational therapy licensure compact under s. 448.987 465.50.

AB959,34 Section 34. 448.96 (1o) of the statutes is renumbered 465.01 (4) and amended to read:

AB959,,76 465.01 (4) “Compact privilege” means a compact privilege, as defined in s. 448.987 465.50 (2) (d), that is granted under the compact to an individual to practice in this state.

AB959,35 Section 35. 448.96 (2) and (3) of the statutes are renumbered 465.01 (5) and (6).

AB959,36 Section 36. 448.96 (4) of the statutes is renumbered 465.01 (7) and amended to read:

AB959,,79 465.01 (7) “Occupational therapist” means an individual who is licensed by the affiliated credentialing board to practice occupational therapy or who holds an occupational therapist compact privilege.

AB959,37 Section 37. 448.96 (5) of the statutes is renumbered 465.01 (8).

AB959,38 Section 38. 448.96 (6) of the statutes is renumbered 465.01 (9) and amended to read:

AB959,,82 465.01 (9) “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 or who holds an occupational therapy assistant compact privilege.

AB959,39 Section 39. 448.961 of the statutes is renumbered 465.03 and amended to read:

AB959,,84 465.03 License required. (1) Except as provided in s. 448.962 465.05 (1), no person may 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 unless the person is licensed as an occupational therapist or holds a valid occupational therapist compact privilege.

AB959,,85 (2) Except as provided in s. 448.962 465.05 (2), no person may assist in the practice of occupational therapy, describe himself or herself as an occupational therapy assistant, 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 unless the person is licensed as an occupational therapy assistant or holds a valid occupational therapy assistant compact privilege.

AB959,40 Section 40. 448.962 of the statutes is renumbered 465.05, and 465.05 (1) (c) (intro.) and (2) (c) (intro.), as renumbered, are amended to read:

AB959,,87 465.05 (1) (c) (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 465.07 (4), if at least one of the following applies:

AB959,,88 (2) (c) (intro.) Any person performing occupational therapy services in this state under a limited permit, as provided under s. 448.963 465.07 (4), if at least one of the following applies:

AB959,41 Section 41. 448.963 of the statutes is renumbered 465.07, and 465.07 (2) (intro.), (b) (intro.), 1. and 3. and (c), (3) (intro.), (b) (intro.), 1. and 3. and (c) and (4) (intro.), (a) and (b), as renumbered, are amended to read:

AB959,,90 465.07 (2) (intro.) The affiliated credentialing board shall grant a license as an occupational therapist to a person who does all of the following:

AB959,,91 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:

AB959,,92 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.

AB959,,93 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.

AB959,,94 (c) Passes an examination under s. 448.964 465.09.

AB959,,95 (3) (intro.) The affiliated credentialing board shall grant a license as an occupational therapy assistant to a person who does all of the following:

AB959,,96 (b) (intro.) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:

AB959,,97 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.

AB959,,98 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.

AB959,,99 (c) Passes an examination under s. 448.964 465.09.

AB959,,100 (4) (intro.) 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:

AB959,,101 (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.

AB959,,102 (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.

AB959,42 Section 42. 448.964 of the statutes is renumbered 465.09, and 465.09 (1), as renumbered, is amended to read:

AB959,,104 465.09 (1) The affiliated credentialing board shall conduct or arrange for examinations required for occupational therapist and occupational therapy assistant licensure under s. 448.963 465.07 (2) (c) and (3) (c) at times and places determined by the affiliated credentialing board.

AB959,43 Section 43. 448.965 of the statutes is renumbered 465.11, and 465.11 (title), (1) (intro.) and (b) and (2), as renumbered, are amended to read:

AB959,,106 465.11 (title) Duties and powers of affiliated credentialing board. (1) (intro.) The affiliated credentialing board shall promulgate rules that establish each of the following:

AB959,,107 (b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 465.14 (2).

AB959,,108 (2) The affiliated credentialing board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy.

AB959,44 Section 44. 448.966 of the statutes is renumbered 465.13 and amended to read:

AB959,,110 465.13 Reciprocal licensure. (1) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a license as an occupational therapist to a person who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 448.963 465.07 (2).

AB959,,111 (2) Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a license as an occupational therapy assistant to a person who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate or license in the other state or territory are substantially equivalent to the requirements under s. 448.963 465.07 (3).

AB959,45 Section 45. 448.967 of the statutes is renumbered 465.14, and 465.14 (2), as renumbered, is amended to read:

AB959,,113 465.14 (2) The renewal dates for licenses granted under this subchapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and a statement attesting compliance with the continuing education requirements established in rules promulgated under s. 448.965 465.11 (1) (b).

AB959,46 Section 46. 448.968 of the statutes is renumbered 465.15, and 465.15 (1) and (2) (intro.) and (f), as renumbered, are amended to read:

AB959,,115 465.15 (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.

AB959,,116 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or compact privilege holder or deny, limit, suspend or revoke a license granted under this subchapter or a compact privilege if it finds that the applicant, licensee, or compact privilege holder has done any of the following:

AB959,,117 (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.965 465.11 (1) (c).

AB959,47 Section 47. 448.969 of the statutes is renumbered 465.17 and amended to read:

AB959,,119 465.17 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.

AB959,48 Section 48. 448.9695 of the statutes is renumbered 465.19, and 465.19 (2), as renumbered, is amended to read:

AB959,,121 465.19 (2) Any person aggrieved by any action taken under this subchapter by the affiliated credentialing board, its officers or its agents may apply for judicial review as provided in ch. 227, and shall file notice of such appeal with the secretary of the affiliated credentialing board within 30 days. No court of this state may enter an ex parte stay of any action taken by the affiliated credentialing board under this subchapter.