SB910,,1 2023 SENATE BILL 910

January 11, 2024 - Introduced by Senator Testin, cosponsored by Representatives Magnafici, Gundrum, Donovan, Gustafson, Rodriguez and Schmidt. Referred to Committee on Licensing, Constitution and Federalism.

SB910,,2 An Act to repeal 448.96 (1); to renumber 448.96 (intro.), 448.96 (2) and (3), 448.96 (5), subchapter XII (title) of chapter 448 [precedes 448.987], 448.987 and 448.9875 (title) and (1) (intro.); to renumber and amend 15.406 (5), 180.1901 (1m) (bu), 446.01 (1v) (h), subchapter VII (title) of chapter 448 [precedes 448.96], 448.96 (1n), 448.96 (1o), 448.96 (4), 448.96 (6), 448.961, 448.962, 448.963, 448.964, 448.965, 448.966, 448.967, 448.968, 448.969, 448.9695, 448.9875 (1) (a) and (b), 448.9875 (1) (c), 448.9875 (2) and (3) and 448.9875 (4); to amend 14.89, 15.08 (1m) (b), 15.085 (1m) (b), 49.45 (8) (a) 3., 49.45 (9r) (a) 7. c., 50.01 (2), 50.39 (3), 50.50 (7m), 146.40 (1) (d), 146.81 (1) (es), 146.997 (1) (d) 4., 154.07 (1) (a) (intro.), 155.01 (7), 165.77 (1) (a), 252.14 (1) (ar) 4p., 256.215 (2) (b), 302.384 (1m), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (11m) (c) 2r., 440.03 (13) (b) (intro.), 440.03 (13) (c), 440.094 (1) (c) 9., 440.094 (2) (a) (intro.), 440.15, 448.956 (1m), 450.10 (3) (a) 5., 451.02 (1) and 632.895 (12m) (b) 7.; and to create chapter 465 (title) and 465.01 (2) of the statutes; relating to: the Occupational Therapy Examining Board.

SB910,,3 Analysis by the Legislative Reference Bureau

Under current law, occupational therapists and occupational therapy assistants are licensed by the Occupational Therapists Affiliated Credentialing Board. An affiliated credentialing board is defined as a body that is attached to an examining board to regulate a profession that does not practice independently of, or that practices in collaboration with, the profession regulated by the examining board.

The Occupational Therapists Affiliated Credentialing Board is attached to the Medical Examining Board and, with the advice of the Medical Examining Board, sets standards of professional competence and conduct for occupational therapists and occupational therapy assistants, assesses qualifications and grants credentials, and takes disciplinary actions.

This bill changes the Occupational Therapists Affiliated Credentialing Board to the Occupational Therapy Examining Board. Except that the board will no longer be attached to or advised by the Medical Examining Board, the Occupational Therapy Examining Board’s duties and responsibilities remain the same under the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

SB910,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB910,1 Section 1. 14.89 of the statutes is amended to read:

SB910,,6 14.89 Occupational therapy licensure compact. There is created an occupational therapy compact commission as specified in s. 448.987 465.50. The delegate of the commission representing this state shall be an individual described in s. 448.987 465.50 (8) (b) 2. The commission has the powers and duties granted and imposed under s. 448.987 465.50.

SB910,2 Section 2. 15.08 (1m) (b) of the statutes is amended to read:

SB910,,8 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, the naturopathic medicine examining board, the physical therapy examining board, the occupational therapy examining board, the perfusionists examining council, the respiratory care practitioners examining council, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the marriage and family therapy, professional counseling, and social work examining board, the psychology examining board, and the radiography examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB910,3 Section 3. 15.085 (1m) (b) of the statutes is amended to read:

SB910,,10 15.085 (1m) (b) The public members of the podiatry affiliated credentialing board, the occupational therapists affiliated credentialing board, the physician assistant affiliated credentialing board, and the genetic counselors affiliated credentialing board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

SB910,4 Section 4. 15.406 (5) of the statutes is renumbered 15.405 (7t), and 15.405 (7t) (intro.), (a) and (b), as renumbered, are amended to read:

SB910,,12 15.405 (7t) Occupational therapists affiliated credentialing therapy examining board. (intro.) There is created in the department of safety and professional services, attached to the medical examining board, an occupational therapists affiliated credentialing therapy examining board consisting of the following members appointed for 4-year terms:

SB910,,13 (a) Three occupational therapists who are licensed under subch. VII of ch. 448 I of ch. 465.

SB910,,14 (b) Two occupational therapy assistants who are licensed under subch. VII of ch. 448 I of ch. 465.

SB910,5 Section 5. 49.45 (8) (a) 3. of the statutes is amended to read:

SB910,,16 49.45 (8) (a) 3. “Occupational therapist” has the meaning given in s. 448.96 (4) 465.01 (7).

SB910,6 Section 6. 49.45 (9r) (a) 7. c. of the statutes is amended to read:

SB910,,18 49.45 (9r) (a) 7. c. An occupational therapist 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.