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2023 - 2024 LEGISLATURE
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.
***AUTHORS SUBJECT TO CHANGE***
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
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to create chapter 465 (title) and 465.01 (2) of the statutes; relating to: the
Occupational Therapy Examining Board.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 14.89 of the statutes is amended to read:
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.
SECTION 2. 15.08 (1m) (b) of the statutes is amended to read:
15.08 (1m) (b) The public members of the chiropractic examining board, the
dentistry examining board, the hearing and speech examining board, the medical
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SECTION 2
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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.
SECTION 3. 15.085 (1m) (b) of the statutes is amended to read:
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.
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:
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:
(a) Three occupational therapists who are licensed under subch. VII of ch. 448
I of ch. 465.
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SECTION 4 SENATE BILL 910
(b) Two occupational therapy assistants who are licensed under subch. VII of
ch. 448 I of ch. 465.
SECTION 5. 49.45 (8) (a) 3. of the statutes is amended to read:
49.45 (8) (a) 3. “Occupational therapist" has the meaning given in s. 448.96 (4)
465.01 (7).
SECTION 6. 49.45 (9r) (a) 7. c. of the statutes is amended to read:
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.
SECTION 7. 50.01 (2) of the statutes is amended to read:
50.01 (2) “Nurse aide" means a person who performs routine patient care
duties delegated by a registered nurse or licensed practical nurse who supervises the
person, for the direct health care of a patient or resident. “Nurse aide" does not mean
a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed,
permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460,
or 465; or a person whose duties primarily involve skills that are different than those
taught in instructional programs for nurse aides.
SECTION 8. 50.39 (3) of the statutes is amended to read:
50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and
252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional
institutions governed by the department of corrections under s. 301.02, and the
offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448,
and 465 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge
the rights of the medical examining board, physician assistant affiliated
credentialing board, physical therapy examining board, occupational therapy
examining board, podiatry affiliated credentialing board, dentistry examining
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SECTION 8
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board, pharmacy examining board, chiropractic examining board, and board of
nursing in carrying out their statutory duties and responsibilities.
SECTION 9. 50.50 (7m) of the statutes is amended to read:
50.50 (7m) “Occupational therapy" has the meaning given in s. 448.96 (5)
465.01 (8).
SECTION 10. 146.40 (1) (d) of the statutes is amended to read:
146.40 (1) (d) “Nurse aide" means an individual who performs routine patient
care duties delegated by a registered nurse or licensed practical nurse who
supervises the individual, for the direct health care of a patient or resident. “Nurse
aide" does not mean a feeding assistant, an individual who is licensed, permitted,
certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 465 or
an individual whose duties primarily involve skills that are different than those
taught in instructional programs for nurse aides approved under sub. (3) or (3g) or
evaluated by competency evaluation programs for nurse aides approved under sub.
(3m).
SECTION 11. 146.81 (1) (es) of the statutes is amended to read:
146.81 (1) (es) 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.
SECTION 12. 146.997 (1) (d) 4. of the statutes is amended to read:
146.997 (1) (d) 4. A physician, physician assistant, podiatrist, perfusionist,
physical therapist, physical therapist assistant, occupational therapist,
occupational therapy assistant, or genetic counselor licensed under ch. 448; a
physical therapist or physical therapist assistant who holds a compact privilege
under subch. XI of ch. 448; or an occupational therapist or occupational therapy
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SECTION 12 SENATE BILL 910
assistant who is licensed under subch. I of ch. 465 or who holds a compact privilege
under subch. XII II of ch. 448 465.
SECTION 13. 154.07 (1) (a) (intro.) of the statutes is amended to read:
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:
SECTION 14. 155.01 (7) of the statutes is amended to read:
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).
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SECTION 15
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SECTION 15. 165.77 (1) (a) of the statutes is amended to read:
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).
SECTION 16. 180.1901 (1m) (bu) of the statutes is renumbered 180.1901 (1m)
(gm) and amended to read:
180.1901 (1m) (gm) Occupational therapists affiliated credentialing therapy
examining board under subch. VII of ch. 448 465.
SECTION 17. 252.14 (1) (ar) 4p. of the statutes is amended to read:
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.
SECTION 18. 256.215 (2) (b) of the statutes is amended to read:
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.
SECTION 19. 302.384 (1m) of the statutes is amended to read:
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SECTION 19 SENATE BILL 910
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).
SECTION 20. 440.03 (9) (a) (intro.) of the statutes is amended to read:
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:
SECTION 21. 440.03 (9) (a) 2. of the statutes is amended to read:
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
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SECTION 21
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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.
SECTION 22. 440.03 (11m) (c) 2r. of the statutes is amended to read:
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.
SECTION 23. 440.03 (13) (b) (intro.) of the statutes is amended to read:
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.:
SECTION 24. 440.03 (13) (c) of the statutes is amended to read:
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
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SECTION 24 SENATE BILL 910
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.
SECTION 25. 440.094 (1) (c) 9. of the statutes is amended to read:
440.094 (1) (c) 9. An occupational therapist or occupational therapy assistant
licensed under subch. VII I of ch. 448 465.
SECTION 26. 440.094 (2) (a) (intro.) of the statutes is amended to read:
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
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SECTION 26
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holds and the department shall grant the health care provider a temporary
credential to practice under this section if all of the following apply:
SECTION 27. 440.15 of the statutes is amended to read:
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.
SECTION 28. 446.01 (1v) (h) of the statutes is renumbered 446.01 (1v) (p) and
amended to read:
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.
SECTION 29. 448.956 (1m) of the statutes is amended to read:
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.
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SECTION 30 SENATE BILL 910
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:
CHAPTER 465
SUBCHAPTER I
OCCUPATIONAL THERAPISTS
AFFILIATED CREDENTIALING
THERAPY EXAMINING BOARD
SECTION 31. 448.96 (intro.) of the statutes is renumbered 465.01 (intro.).
SECTION 32. 448.96 (1) of the statutes is repealed.
SECTION 33. 448.96 (1n) of the statutes is renumbered 465.01 (3) and amended
to read:
465.01 (3) “Compact" means the occupational therapy licensure compact under
s. 448.987 465.50.
SECTION 34. 448.96 (1o) of the statutes is renumbered 465.01 (4) and amended
to read:
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.
SECTION 35. 448.96 (2) and (3) of the statutes are renumbered 465.01 (5) and
(6).
SECTION 36. 448.96 (4) of the statutes is renumbered 465.01 (7) and amended
to read:
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SECTION 36
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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.
SECTION 37. 448.96 (5) of the statutes is renumbered 465.01 (8).
SECTION 38. 448.96 (6) of the statutes is renumbered 465.01 (9) and amended
to read:
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.
SECTION 39. 448.961 of the statutes is renumbered 465.03 and amended to
read:
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.
(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.
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SECTION 40 SENATE BILL 910
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:
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:
(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:
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:
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:
(b) (intro.) Submits evidence satisfactory to the affiliated credentialing board
that he or she has done any of the following:
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.
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.
(c) Passes an examination under s. 448.964 465.09.
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(3) (intro.) The affiliated credentialing board shall grant a license as an
occupational therapy assistant to a person who does all of the following:
(b) (intro.) Submits evidence satisfactory to the affiliated credentialing board
that he or she has done any of the following:
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.
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.
(c) Passes an examination under s. 448.964 465.09.
(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:
(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.
(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.
SECTION 42. 448.964 of the statutes is renumbered 465.09, and 465.09 (1), as
renumbered, is amended to read:
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SECTION 42 SENATE BILL 910
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.
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:
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:
(b) Continuing education requirements for license renewal for an occupational
therapist or occupational therapy assistant under s. 448.967 465.14 (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.
SECTION 44. 448.966 of the statutes is renumbered 465.13 and amended to
read:
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).
(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
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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).
SECTION 45. 448.967 of the statutes is renumbered 465.14, and 465.14 (2), as
renumbered, is amended to read:
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).
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:
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.
(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:
(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).
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SECTION 47 SENATE BILL 910
SECTION 47. 448.969 of the statutes is renumbered 465.17 and amended to
read:
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.
SECTION 48. 448.9695 of the statutes is renumbered 465.19, and 465.19 (2), as
renumbered, is amended to read:
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.
SECTION 49. Subchapter XII (title) of chapter 448 [precedes 448.987] of the
statutes is renumbered subchapter II (title) of chapter 465 [precedes 465.50].
SECTION 50. 448.987 of the statutes is renumbered 465.50.
SECTION 51. 448.9875 (title) and (1) (intro.) of the statutes are renumbered
465.51 (title) and (1) (intro.).
SECTION 52. 448.9875 (1) (a) and (b) of the statutes are renumbered 465.51 (1)
(b) and (c) and amended to read:
465.51 (1) (b) “Compact” means the occupational therapy licensure compact
under s. 448.987 465.50.
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(c) “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.
SECTION 53. 448.9875 (1) (c) of the statutes is renumbered 465.51 (1) (a) and
amended to read:
465.51 (1) (a) “Examining board” “Board” means the occupational therapists
affiliated credentialing therapy examining board.
SECTION 54. 448.9875 (2) and (3) of the statutes are renumbered 465.51 (2) and
(3) and amended to read:
465.51 (2) The department may impose a fee for an individual to receive a
compact privilege as provided in s. 448.987 465.50 (3) (c).
(3) The examining board may, by rule, require an individual seeking a compact
privilege to meet a jurisprudence requirement in accordance with s. 448.987 465.50
(4) (a) 9., if such a requirement is imposed by the examining board under s. 448.964
465.09 in order to obtain a license under s. 448.963 465.07.
SECTION 55. 448.9875 (4) of the statutes is renumbered 465.51 (4), and 465.51
(4) (b), as renumbered, is amended to read:
465.51 (4) (b) Subject to s. 448.987 465.50 and any rules promulgated
thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall
apply to an individual who holds a compact privilege in the same manner that they
apply to holders of licenses issued under subch. VII II.
SECTION 56. 450.10 (3) (a) 5. of the statutes is amended to read:
450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical
therapist, physical therapist assistant, occupational therapist, occupational therapy
assistant, or genetic counselor licensed under ch. 448, a physical therapist or
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SECTION 56 SENATE BILL 910
physical therapist assistant who holds a compact privilege under subch. XI of ch. 448,
or an occupational therapist or occupational therapy assistant who is licensed under
subch. I of ch. 465 or holds a compact privilege under subch. XII II of ch. 448 465.
SECTION 57. 451.02 (1) of the statutes is amended to read:
451.02 (1) An individual holding a license, permit or certificate under ch. 441,
446, 447, 448, or 449, or 465 or a compact privilege under subch. XI or XII of ch. 448
or subch. II of ch. 465 who engages in a practice of acupuncture that is also included
within the scope of his or her license, permit, certificate, or privilege.
SECTION 58. Chapter 465 (title) of the statutes is created to read:
CHAPTER 465
OCCUPATIONAL THERAPY
SECTION 59. 465.01 (2) of the statutes is created to read:
465.01 (2) “Board” means the occupational therapy examining board.
SECTION 60. 632.895 (12m) (b) 7. of the statutes is amended to read:
632.895 (12m) (b) 7. An occupational therapist, as defined in s. 448.96 (4)
465.01 (7).
SECTION 61.0Nonstatutory provisions.
(1) TRANSITIONAL PROVISIONS. All members serving terms on the occupational
therapists affiliated credentialing board on the effective date of this subsection are
transferred to the occupational therapy examining board; each member's term on the
occupational therapy examining board shall expire on the date it would have expired
on the occupational therapists affiliated credentialing board. Any matter pending
with the occupational therapists affiliated credentialing board on the effective date
of this subsection is transferred to the occupational therapy examining board, and
all materials submitted to or actions taken by the occupational therapists affiliated
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credentialing board with respect to the pending matter are considered as having
been submitted to or taken by the occupational therapists examining board.
(END)
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