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448.963(3)(b) (b) Submits evidence satisfactory to the affiliated credentialing board that he or she has done any of the following:
448.963(3)(b)1. 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.
448.963(3)(b)2. 2. Received initial certification as an occupational therapy assistant by the National Board for Certification in Occupational Therapy.
448.963(3)(b)3. 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.
448.963(3)(c) (c) Passes an examination under s. 448.964.
448.963(4) (4)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:
448.963(4)(a) (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.
448.963(4)(b) (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.
448.963 History History: 1999 a. 180 ss. 36, 38, 41, 42, 45, 56.
448.963 Cross-reference Cross-reference: See also ch. OT 2, Wis. adm. code.
448.964 448.964 Examination.
448.964(1)(1)The affiliated credentialing board shall conduct or arrange for examinations required for occupational therapist and occupational therapy assistant licensure under s. 448.963 (2) (c) and (3) (c) at times and places determined by the affiliated credentialing board.
448.964(2) (2)Examinations under sub. (1) may consist of written or oral tests, or both, and shall require applicants to demonstrate each of the following:
448.964(2)(a) (a) Minimum competency in subjects substantially related to the practice of occupational therapy and assisting in the practice of occupational therapy.
448.964(2)(b) (b) Ability to practice occupational therapy or assist in the practice of occupational therapy with reasonable skill and safety.
448.964 History History: 1999 a. 180.
448.964 Cross-reference Cross-reference: See also ch. OT 2, Wis. adm. code.
448.965 448.965 Duties and powers of affiliated credentialing board.
448.965(1)(1)The affiliated credentialing board shall promulgate rules that establish each of the following:
448.965(1)(a) (a) Standards for acceptable examination performance by an applicant for licensure as an occupational therapist or occupational therapy assistant.
448.965(1)(b) (b) Continuing education requirements for license renewal for an occupational therapist or occupational therapy assistant under s. 448.967 (2).
448.965(1)(c) (c) Standards of practice for occupational therapy, including a code of ethics and criteria for referral.
448.965(2) (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.
448.965 History History: 1999 a. 180 s. 51 to 53, 56.
448.965 Cross-reference Cross-reference: See also OT, Wis. adm. code.
448.966 448.966 Reciprocal licensure.
448.966(1)(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 (2).
448.966(2) (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 (3).
448.966 History History: 1999 a. 180.
448.967 448.967 Issuance of license; expiration and renewal.
448.967(1)(1)The department shall issue a certificate of licensure to each person who is licensed under this subchapter.
448.967(2) (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 (1) (b).
448.967 History History: 1999 a. 180; 2007 a. 20.
448.967 Cross-reference Cross-reference: See also ch. OT 3, Wis. adm. code.
448.968 448.968 Disciplinary proceedings and actions.
448.968(1)(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.
448.968(2) (2)Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or deny, limit, suspend or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:
448.968(2)(a) (a) Made a material misstatement in an application for a license or for renewal of a license.
448.968(2)(b) (b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of occupational therapy or assisting in the practice of occupational therapy.
448.968(2)(c) (c) Advertised in a manner that is false, deceptive or misleading.
448.968(2)(d) (d) Advertised, practiced or attempted to practice under another's name.
448.968(2)(e) (e) Subject to ss. 111.321, 111.322 and 111.34, practiced occupational therapy or assisted in the practice of occupational therapy while his or her ability to practice was impaired by alcohol or other drugs.
448.968(2)(f) (f) Engaged in unprofessional or unethical conduct in violation of the code of ethics established in the rules promulgated under s. 448.965 (1) (c).
448.968(2)(g) (g) Engaged in conduct while practicing occupational therapy or assisting in the practice of occupational therapy that evidences a lack of knowledge or ability to apply professional principles or skills.
448.968(2)(h) (h) Violated this subchapter or any rule promulgated under this subchapter.
448.968 History History: 1999 a. 180.
448.968 Cross-reference Cross-reference: See also ch. OT 5, Wis. adm. code.
448.969 448.969 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.
448.969 History History: 1999 a. 180.
448.9695 448.9695 Penalties; appeal.
448.9695(1)(1)A person who violates any provision of this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
448.9695(2) (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.
Effective date note NOTE: This section is shown as renumbered from s. 448.970 eff. 4-1-22 by 2021 Wis. Act 23.
448.9695 History History: 1999 a. 180; 2017 a. 364 s. 49; 2021 a. 23 s. 51; Stats. 2021 s. 448.9695.
448.970 448.970 Penalties; appeal.
448.970(1)(1)A person who violates any provision of this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
448.970(2) (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.
Effective date note NOTE: This section is renumbered to s. 448.9695 eff. 4-1-22 by 2021 Wis. Act 23.
448.970 History History: 1999 a. 180; 2017 a. 364 s. 49; 2021 a. 23
subch. VIII of ch. 448 SUBCHAPTER VIII
PHYSICIAN ASSISTANT AFFILIATED
CREDENTIALING BOARD
Effective date note NOTE: Subch. VIII (title) is created eff. 4-1-22 by 2021 Wis. Act 23.
448.971 448.971 Definitions. In this subchapter, unless the context requires otherwise:
448.971(1) (1)“Board" means the physician assistant affiliated credentialing board.
448.971(2) (2)“Physician assistant” means a person licensed under this subchapter.
448.971(3) (3)“Podiatrist” has the meaning given in s. 448.60 (3).
448.971(4) (4)“Podiatry” has the meaning given in s. 448.60 (4).
Effective date note NOTE: This section is created eff. 4-1-22 by 2021 Wis. Act 23.
448.971 History History: 2021 a. 23.
448.972 448.972 License required; exceptions.
448.972(1)(1)Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or “physician assistant," or append to the person's name the words or letters “physician assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant, unless he or she is licensed by the board under this subchapter.
448.972(2) (2)Subsection (1) does not apply with respect to any of the following:
448.972(2)(a) (a) An individual employed and duly credentialed as a physician assistant or physician associate by the federal government while performing duties incident to that employment, unless a license under this subchapter is required by the federal government.
448.972(2)(b) (b) A person who satisfies the requirement under s. 448.974 (1) (a) 3. but who is not licensed under this subchapter. This paragraph does not allow such a person to practice medicine and surgery in violation of s. 448.03 (1) (a) or to practice podiatry in violation of s. 448.61.
448.972(3) (3)A student who is enrolled in an accredited physician assistant educational program may use the title “physician assistant student,” “PA student,” or “PA-S.”
Effective date note NOTE: This section is created eff. 4-1-22 by 2021 Wis. Act 23.
448.972 History History: 2021 a. 23.
448.9725 448.9725 Expedited partner therapy.
448.9725(1)(1)In this section:
448.9725(1)(b) (b) “Antimicrobial drug" has the meaning given in s. 448.035 (1) (b).
448.9725(1)(c) (c) “Expedited partner therapy" has the meaning given in s. 448.035 (1) (c).
448.9725(2) (2)Notwithstanding the requirements of s. 448.9785, a physician assistant may provide expedited partner therapy if a patient is diagnosed as infected with a chlamydial infection, gonorrhea, or trichomoniasis and the patient has had sexual contact with a sexual partner during which the chlamydial infection, gonorrhea, or trichomoniasis may have been transmitted to or from the sexual partner. The physician assistant shall attempt to obtain the name of the patient's sexual partner. A prescription order for an antimicrobial drug prepared under this subsection shall include the name and address of the patient's sexual partner, if known. If the physician assistant is unable to obtain the name of the patient's sexual partner, the prescription order shall include, in ordinary, bold-faced capital letters, the words, “expedited partner therapy" or the letters “EPT."
448.9725(3) (3)The physician assistant shall provide the patient with a copy of the information sheet prepared by the department of health services under s. 46.03 (44) and shall request that the patient give the information sheet to the person with whom the patient had sexual contact.
448.9725(4)(a)(a) Except as provided in par. (b), a physician assistant is immune from civil liability for injury to or the death of a person who takes any antimicrobial drug if the antimicrobial drug is prescribed, dispensed, or furnished under this section and if expedited partner therapy is provided as specified under this section.
448.9725(4)(b) (b) The immunity under par. (a) does not extend to the donation, distribution, furnishing, or dispensing of an antimicrobial drug by a physician assistant whose act or omission involves reckless, wanton, or intentional misconduct.
Effective date note NOTE: This section is created eff. 4-1-22 by 2021 Wis. Act 23.
448.9725 History History: 2021 a. 23.
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2019-20 Wisconsin Statutes updated through 2021 Wis. Act 7 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on March 18, 2021. Published and certified under s. 35.18. Changes effective after March 18, 2021, are designated by NOTES. (Published 3-18-21)