2023 - 2024 LEGISLATURE
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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.
1 AN ACT to repeal 448.96 (1); to renumber 448.96 (intro.), 448.96 (2) and (3),
2 448.96 (5), subchapter XII (title) of chapter 448 [precedes 448.987], 448.987 and
3 448.9875 (title) and (1) (intro.); to renumber and amend 15.406 (5), 180.1901
4 (1m) (bu), 446.01 (1v) (h), subchapter VII (title) of chapter 448 [precedes
5 448.96], 448.96 (1n), 448.96 (1o), 448.96 (4), 448.96 (6), 448.961, 448.962,
6 448.963, 448.964, 448.965, 448.966, 448.967, 448.968, 448.969, 448.9695,
7 448.9875 (1) (a) and (b), 448.9875 (1) (c), 448.9875 (2) and (3) and 448.9875 (4);
8 to amend 14.89, 15.08 (1m) (b), 15.085 (1m) (b), 49.45 (8) (a) 3., 49.45 (9r) (a)
9 7. c., 50.01 (2), 50.39 (3), 50.50 (7m), 146.40 (1) (d), 146.81 (1) (es), 146.997 (1)
10 (d) 4., 154.07 (1) (a) (intro.), 155.01 (7), 165.77 (1) (a), 252.14 (1) (ar) 4p., 256.215
11 (2) (b), 302.384 (1m), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (11m) (c) 2r.,
12 440.03 (13) (b) (intro.), 440.03 (13) (c), 440.094 (1) (c) 9., 440.094 (2) (a) (intro.),
13 440.15, 448.956 (1m), 450.10 (3) (a) 5., 451.02 (1) and 632.895 (12m) (b) 7.; and
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SENATE BILL 910
1 to create chapter 465 (title) and 465.01 (2) of the statutes; relating to: the
2 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:
3 SECTION 1. 14.89 of the statutes is amended to read:
4 14.89 Occupational therapy licensure compact. There is created an
5 occupational therapy compact commission as specified in s. 448.987 465.50. The
6 delegate of the commission representing this state shall be an individual described
7 in s. 448.987 465.50 (8) (b) 2. The commission has the powers and duties granted and
8 imposed under s. 448.987 465.50.
9 SECTION 2. 15.08 (1m) (b) of the statutes is amended to read:
10 15.08 (1m) (b) The public members of the chiropractic examining board, the
11 dentistry examining board, the hearing and speech examining board, the medical
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SENATE BILL 910 SECTION 2
1 examining board, the naturopathic medicine examining board, the physical therapy
2 examining board, the occupational therapy examining board, the perfusionists
3 examining council, the respiratory care practitioners examining council, the board
4 of nursing, the nursing home administrator examining board, the veterinary
5 examining board, the optometry examining board, the pharmacy examining board,
6 the marriage and family therapy, professional counseling, and social work
7 examining board, the psychology examining board, and the radiography examining
8 board shall not be engaged in any profession or occupation concerned with the
9 delivery of physical or mental health care.
10 SECTION 3. 15.085 (1m) (b) of the statutes is amended to read:
11 15.085 (1m) (b) The public members of the podiatry affiliated credentialing
12 board, the occupational therapists affiliated credentialing board, the physician
13 assistant affiliated credentialing board, and the genetic counselors affiliated
14 credentialing board shall not be engaged in any profession or occupation concerned
15 with the delivery of physical or mental health care.
16 SECTION 4. 15.406 (5) of the statutes is renumbered 15.405 (7t), and 15.405 (7t)
17 (intro.), (a) and (b), as renumbered, are amended to read:
18 15.405 (7t) OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING THERAPY
19 EXAMINING BOARD. (intro.) There is created in the department of safety and
20 professional services, attached to the medical examining board, an occupational
21 therapists affiliated credentialing therapy examining board consisting of the
22 following members appointed for 4-year terms:
23 (a) Three occupational therapists who are licensed under subch. VII of ch. 448
24 I of ch. 465.
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SENATE BILL 910 SECTION 4
1 (b) Two occupational therapy assistants who are licensed under subch. VII of
2 ch. 448 I of ch. 465.
3 SECTION 5. 49.45 (8) (a) 3. of the statutes is amended to read:
4 49.45 (8) (a) 3. “Occupational therapist" has the meaning given in s. 448.96 (4)
5 465.01 (7).
6 SECTION 6. 49.45 (9r) (a) 7. c. of the statutes is amended to read:
7 49.45 (9r) (a) 7. c. An occupational therapist who is licensed under subch. VII
8 I of ch. 448 465 or who holds a compact privilege under subch. XII II of ch. 448 465.
9 SECTION 7. 50.01 (2) of the statutes is amended to read:
10 50.01 (2) “Nurse aide" means a person who performs routine patient care
11 duties delegated by a registered nurse or licensed practical nurse who supervises the
12 person, for the direct health care of a patient or resident. “Nurse aide" does not mean
13 a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed,
14 permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460,
15 or 465; or a person whose duties primarily involve skills that are different than those
16 taught in instructional programs for nurse aides.
17 SECTION 8. 50.39 (3) of the statutes is amended to read:
18 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and
19 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional
20 institutions governed by the department of corrections under s. 301.02, and the
21 offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448,
22 and 465 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge
23 the rights of the medical examining board, physician assistant affiliated
24 credentialing board, physical therapy examining board, occupational therapy
25 examining board, podiatry affiliated credentialing board, dentistry examining
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SENATE BILL 910 SECTION 8
1 board, pharmacy examining board, chiropractic examining board, and board of
2 nursing in carrying out their statutory duties and responsibilities.
3 SECTION 9. 50.50 (7m) of the statutes is amended to read:
4 50.50 (7m) “Occupational therapy" has the meaning given in s. 448.96 (5)
5 465.01 (8).
6 SECTION 10. 146.40 (1) (d) of the statutes is amended to read:
7 146.40 (1) (d) “Nurse aide" means an individual who performs routine patient
8 care duties delegated by a registered nurse or licensed practical nurse who
9 supervises the individual, for the direct health care of a patient or resident. “Nurse
10 aide" does not mean a feeding assistant, an individual who is licensed, permitted,
11 certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 465 or
12 an individual whose duties primarily involve skills that are different than those
13 taught in instructional programs for nurse aides approved under sub. (3) or (3g) or
14 evaluated by competency evaluation programs for nurse aides approved under sub.
15 (3m).
16 SECTION 11. 146.81 (1) (es) of the statutes is amended to read:
17 146.81 (1) (es) An occupational therapist or occupational therapy assistant who
18 is licensed under subch. VII I of ch. 448 465 or who holds a compact privilege under
19 subch. XII II of ch. 448 465.
20 SECTION 12. 146.997 (1) (d) 4. of the statutes is amended to read:
21 146.997 (1) (d) 4. A physician, physician assistant, podiatrist, perfusionist,
22 physical therapist, physical therapist assistant, occupational therapist,
23 occupational therapy assistant, or genetic counselor licensed under ch. 448; a
24 physical therapist or physical therapist assistant who holds a compact privilege
25 under subch. XI of ch. 448; or an occupational therapist or occupational therapy
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SENATE BILL 910 SECTION 12
1 assistant who is licensed under subch. I of ch. 465 or who holds a compact privilege
2 under subch. XII II of ch. 448 465.
3 SECTION 13. 154.07 (1) (a) (intro.) of the statutes is amended to read:
4 154.07 (1) (a) (intro.) No health care professional, inpatient health care facility,
5 or person who is licensed, certified, or registered under ch. 441, 448, or 455, or 465
6 or holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465 and who
7 is acting under the direction of a health care professional may be held criminally or
8 civilly liable, or charged with unprofessional conduct, for any of the following:
9 SECTION 14. 155.01 (7) of the statutes is amended to read:
10 155.01 (7) “Health care provider" means a nurse licensed or permitted under
11 ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
12 physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
13 therapist assistant, occupational therapist, occupational therapy assistant, or
14 genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch.
15 466, a person practicing Christian Science treatment, an optometrist licensed under
16 ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary
17 authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
18 practicing under the authority to practice interjurisdictional telepsychology, as
19 defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who
20 holds a compact privilege under subch. XI of ch. 448, an occupational therapist or
21 occupational therapy assistant who holds a compact privilege under subch. XII II of
22 ch. 448 465, a partnership thereof, a corporation or limited liability company thereof
23 that provides health care services, a cooperative health care association organized
24 under s. 185.981 that directly provides services through salaried employees in its
25 own facility, or a home health agency, as defined in s. 50.49 (1) (a).
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SENATE BILL 910 SECTION 15
1 SECTION 15. 165.77 (1) (a) of the statutes is amended to read:
2 165.77 (1) (a) “Health care professional" means a person who is licensed,
3 certified, or registered under ch. 441, 448, or 455, or 465; a person who holds a
4 compact privilege under subch. XI of ch. 448 or subch. II of ch. 465; or a person who
5 is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o),
6 in this state, or who is practicing under the authority to practice interjurisdictional
7 telepsychology, as defined in s. 455.50 (2) (b).
8 SECTION 16. 180.1901 (1m) (bu) of the statutes is renumbered 180.1901 (1m)
9 (gm) and amended to read:
10 180.1901 (1m) (gm) Occupational therapists affiliated credentialing therapy
11 examining board under subch. VII of ch. 448 465.
12 SECTION 17. 252.14 (1) (ar) 4p. of the statutes is amended to read:
13 252.14 (1) (ar) 4p. An occupational therapist or occupational therapy assistant
14 who is licensed under subch. VII I of ch. 448 465 or who holds a compact privilege
15 under subch. XII II of ch. 448 465.
16 SECTION 18. 256.215 (2) (b) of the statutes is amended to read:
17 256.215 (2) (b) The emergency medical services provider establishes, submits
18 to the department, and maintains patient care protocols corresponding to the
19 appropriate service level to be used by a community paramedic or a community
20 emergency medical services practitioner. The emergency medical services provider
21 may include in a patient care protocol only those services that do not require a
22 license, certificate, or other credential under subch. II, III, or IV, or VII of ch. 448 or
23 ch. 441, 446, 447, 449, 450, 451, 455, 457, or 459, or 465 to provide.
24 SECTION 19. 302.384 (1m) of the statutes is amended to read:
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SENATE BILL 910 SECTION 19
1 302.384 (1m) In this section, “health care professional" means a person
2 licensed, certified, or registered under ch. 441, 448, or 455, or 465; or a person who
3 holds a compact privilege under subch. XI of ch. 448 or subch. II of ch. 465; or a
4 psychologist who is exercising the temporary authorization to practice, as defined in
5 s. 455.50 (2) (o), in this state or who is practicing under the authority to practice
6 interjurisdictional telepsychology, as defined in s. 455.50 (2) (b).
7 SECTION 20. 440.03 (9) (a) (intro.) of the statutes is amended to read:
8 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
9 the department shall, biennially, determine each fee for an initial credential for
10 which no examination is required, for a reciprocal credential, and for a credential
11 renewal and any fees imposed under ss. 448.986 (2) and 448.9875 465.51 (2) by doing
12 all of the following:
13 SECTION 21. 440.03 (9) (a) 2. of the statutes is amended to read:
14 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
15 adjusting for the succeeding fiscal biennium each fee for an initial credential for
16 which an examination is not required, for a reciprocal credential, and, subject to s.
17 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
18 and 448.9875 465.51 (2), if an adjustment is necessary to reflect the approximate
19 administrative and enforcement costs of the department that are attributable to the
20 regulation of the particular occupation or business during the period in which the
21 initial or reciprocal credential, credential renewal, or compact privilege is in effect
22 and, for purposes of each fee for a credential renewal, to reflect an estimate of any
23 additional moneys available for the department's general program operations as a
24 result of appropriation transfers that have been or are estimated to be made under
25 s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for
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SENATE BILL 910 SECTION 21
1 an adjustment under this subdivision or during the fiscal biennium beginning on the
2 July 1 immediately following the deadline for an adjustment under this subdivision.
3 SECTION 22. 440.03 (11m) (c) 2r. of the statutes is amended to read:
4 440.03 (11m) (c) 2r. The coordinated database and reporting system under s.
5 448.987 465.50 (9), if such disclosure is required under the occupational therapy
6 licensure compact under s. 440.987 465.50.
7 SECTION 23. 440.03 (13) (b) (intro.) of the statutes is amended to read:
8