2021 - 2022 LEGISLATURE
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2021 SENATE BILL 98
February 11, 2021 - Introduced by Senators FELZKOWSKI, KOOYENGA and BERNIER,
cosponsored by Representatives DITTRICH, MURSAU, HORLACHER, KITCHENS,
MURPHY, SCHRAA, SKOWRONSKI, MOSES, ZIMMERMAN, CALLAHAN, EDMING,
WICHGERS, ROZAR and SORTWELL. Referred to Committee on Insurance,
Licensing and Forestry.
1 AN ACT to create chapter 461 of the statutes; relating to: providing
2 complementary and alternative health care practitioners with exemptions
3 from practice protection laws, requirements and prohibitions for individuals
4 who provide complementary and alternative health care services, and
5 providing a penalty.
Analysis by the Legislative Reference Bureau
This bill does the following: 1) establishes certain requirements and
prohibitions for complementary and alternative health care (CAHC) practitioners;
2) provides exemptions for CAHC practitioners from prohibitions against acting
without certain health-care related licenses, certifications, and other credentials if
they comply with provisions in the bill; and 3) provides the Department of Safety and
Professional Services with authority to investigate and take action against a CAHC
practitioner for violating a provision in the bill.
Under current law, DSPS, in conjunction with a number of credentialing boards
attached to DSPS, regulates and provides for the credentialing of various types of
health-care professions. Current law contains numerous prohibitions against
engaging in certain health-care related practices and against using titles associated
with certain health-care related professions without a required credential.
The bill establishes certain requirements pertaining to CAHC practitioners,
which are not specifically regulated or required to hold a specific credential under
current law. The bill requires a CAHC practitioner to provide to each client, before
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first providing CAHC services to the client, certain information in a plainly worded
written statement, including the following: 1) information about the CAHC
practitioner; 2) a notice explaining that the CAHC practitioner is not practicing
under a health-care related credential granted by the state; 3) information about the
nature of the service to be provided; and 4) a list of any degrees, training, experience,
or other qualification that the CAHC practitioner has.
The bill requires a CAHC practitioner, before providing CAHC services to a
client, to obtain a written and signed acknowledgement from the client stating that
the client has received the information required to be provided. The bill requires the
CAHC practitioner to provide a copy of the acknowledgement to the client and to
retain a copy of it for at least two years.
The bill prohibits a person from acting as a CAHC practitioner if the person is
or was a credentialed health care professional and had his or her credential revoked
or suspended, unless the credential was subsequently reinstated; if the person was
convicted of certain felonies and has not completed his or her sentence; or if the
person is an individual found incompetent by a court.
The bill also prohibits a CAHC practitioner from taking other specific actions,
including the following: 1) taking certain actions with respect to prescription drugs;
2) recommending the discontinuation of treatment that is prescribed by a health care
professional; 3) making a diagnosis of a medical disease; or 4) holding himself or
herself out as a credentialed health care professional without a credential.
The bill provides that a CAHC practitioner does not violate any of the
prohibitions against engaging in the practices of medicine and surgery, midwifery,
nurse-midwifery, professional nursing, chiropractic, dentistry, perfusion,
respiratory care, physical therapy, podiatry, occupational therapy, optometry,
psychology, psychotherapy, clinical social work, marriage and family therapy,
professional counseling, pharmacy, speech pathology, audiology, acupuncture,
cosmetology, massage or bodywork therapy, and selling and fitting hearing aids; the
prohibition against claiming to provide dietetic services; or the prohibitions against
acting as a physician assistant or as an ambulance service provider, with respect to
the provision of CAHC services to a client, if the CAHC practitioner provides that
client with the statement required under the bill and does not violate the
prohibitions in 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:
1 SECTION 1. Chapter 461 of the statutes is created to read:
2 CHAPTER 461
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1 COMPLEMENTARY AND ALTERNATIVE
2 HEALTH CARE PRACTICES
3 461.01 Definitions. In this chapter:
4 (1) “Client” means an individual who receives or seeks to receive services from
5 a complementary and alternative health care practitioner.
6 (2) “Complementary and alternative health care practitioner” means an
7 individual, other than a health care professional acting within the scope of his or her
8 practice, who provides or offers to provide complementary and alternative health
9 care services to a client in exchange for compensation or holds himself or herself out
10 to the public as a provider of complementary and alternative health care services.
11 (3) “Complementary and alternative health care service” means a health care
12 practice or method of healing therapy or modality other than one that a
13 complementary and alternative health care practitioner is prohibited from providing
14 under s. 461.03 (1), including any of the following:
15 (a) Acupressure.
16 (b) Aromatherapy.
17 (c) Ayurveda.
18 (d) Body work.
19 (e) Cranial sacral therapy.
20 (f) Culturally traditional healing practices.
21 (g) Detoxification practices and therapies.
22 (h) Folk practices.
23 (i) Healing practices utilizing food, food supplements, nutrients, and the
24 physical forces of heat, cold, water, touch, and light.
25 (j) Healing touch.
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1 (k) Herbology or herbalism.
2 (L) Homeopathy.
3 (m) Kinesiology.
4 (n) Massage and massage therapy.
5 (o) Meditation.
6 (p) Mind-body healing practices.
7 (q) Polarity therapy.
8 (r) Reflexology.
9 (s) Rolfing.
10 (t) Traditional naturopathy.
11 (4) “Controlled substance” has the meaning given in s. 961.01 (4).
12 (5) “Credential” has the meaning given in s. 440.01 (2) (a).
13 (6) “Dangerous drug” means any of the following:
14 (a) A prescription drug, as defined in s. 450.01 (20).
15 (b) A drug that is required by federal law to be labeled as a drug that may only
16 be prescribed to an animal.
17 (7) “Health care professional” has the meaning given for “health care provider”
18 in s. 146.81 (1) (a) to (hp) and also includes a licensed midwife, as defined in s.
19 440.9805 (2).
20 461.02 Exemptions from requirements to hold credentials.
21 Notwithstanding ss. 256.15 (2), 440.982 (1), 441.06 (4), 441.15 (2), 446.02 (1), 447.03
22 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961
23 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02 (1m), 457.04 (4), (5),
24 (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a complementary and alternative
25 health care practitioner does not violate any of the prohibitions against engaging in
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1 a practice without a credential under s. 256.15 (2), 440.982 (1), 441.06 (4), 441.15 (2),
2 446.02 (1), 447.03 (1) or (2), 448.03 (1) (a), (b), or (c) or (1m), 448.51 (1), 448.61, 448.76,
3 448.961 (1) or (2), 449.02 (1), 450.03 (1), 451.04 (1), 454.04 (1), 455.02 (1m), 457.04
4 (4), (5), (6), or (7), 459.02 (1), 459.24 (1), or 460.02 and may provide complementary
5 and alternative health care services unless the complementary and alternative
6 health care practitioner violates s. 461.03 or 461.04.
7 461.03 Prohibitions. (1) A complementary and alternative health care
8 practitioner may not do any of the following:
9 (a) Perform surgery.
10 (b) Set fractures.
11 (c) Puncture the skin, except by pricking a finger for purposes of blood
12 screening.
13 (d) Prescribe or administer X-ray services.
14 (e) Prescribe or administer a dangerous drug, controlled substance, or device,
15 as defined in s. 450.01 (6), that may be prescribed or administered only by a health
16 care professional.
17 (f) Perform a chiropractic adjustment or manipulation of joints or a spine.
18 (g) Hold out, state, or imply to a person that he or she is a health care
19 professional.
20 (h) Recommend to a client that he or she discontinue current medical treatment
21 that is prescribed by a health care professional.
22 (i) Make a diagnosis of a medical disease other than a general assessment
23 regarding normal structure or function in humans.
24 (2) A complementary and alternative health care practitioner may not do any
25 of the following:
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1 (a) Engage in any of the following:
2 1. Sexual contact, as defined in s. 939.22 (34), with a client.
3 2. Contact with a client that may be reasonably interpreted by the client as
4 sexual.
5 3. Verbal behavior that is seductive or sexually demeaning to a client.
6 4. Sexual exploitation of a client or former client.
7 (b) Falsely advertise or provide false information about the complementary and
8 alternative health care practitioner's degree, training, experience, or other
9 qualification or about a complementary and alternative health care service.
10 (c) Violate a law relating to a dangerous drug or a controlled substance.
11 (d) Release a client's records or information about the client's transactions
12 unless the release is authorized by the client in writing or otherwise provided by law.
13 (e) Give or receive, directly or indirectly, to or from any other person any fee,
14 commission, rebate, or other form of compensation or anything of value for sending,
15 referring, or otherwise inducing a person to communicate with a complementary and
16 alternative health care practitioner in a professional capacity, or for any
17 complementary and alternative health care service not actually rendered personally
18 by the complementary and alternative health care practitioner.
19 (3) No person may act as a complementary and alternative health care
20 practitioner if any of the following applies:
21 (a) The person is or was a health care professional and had his or her credential
22 revoked or suspended, unless the credential was subsequently reinstated.
23 (b) The person was convicted of a felony against a person and has not completed
24 his or her sentence, including any probation, parole, or extended supervision.
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1 (c) The person was convicted of a felony, the circumstances of which relate to
2 providing health care.
3 (d) The person is an individual found incompetent, as defined in s. 54.01 (16).
4 461.04 Required disclosures. (1) A complementary and alternative health
5 care practitioner shall provide to a client all of the following:
6 (a) Reasonable notice of a change to complementary and alternative health care
7 services provided.
8 (b) Reasonable notice of a change to a charge for a complementary and
9 alternative health care service.
10 (c) Complete and current information concerning the complementary and
11 alternative health care practitioner's assessment of the client and the recommended
12 complementary and alternative health care service that is to be provided, including
13 the expected duration of the service and access to the client's records and written
14 information contained in the client's records.
15 (2) A complementary and alternative health care practitioner shall, before
16 providing a complementary and alternative health care service, disclose to a client
17 in a plainly worded written statement all of the following:
18 (a) The name, business address, and telephone number of the complementary
19 and alternative health care practitioner.
20 (b) The fact that the complementary and alternative health care practitioner
21 is not practicing under a health care license, certification, or registration granted by
22 this state.
23 (c) The nature of the complementary and alternative health care service to be
24 provided.
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1 (d) A list of any degree, training, experience, or other qualification the
2 complementary and alternative health care practitioner has or holds regarding the
3 complementary and alternative health care service to be provided, including the
4 source and duration of the degree, training, experience, or other qualification.
5 (e) The complementary and alternative health care practitioner's fees per unit
6 of service and the method of billing for such fees.
7 (f) A statement that the client has a right to reasonable notice of a change to
8 complementary and alternative health care services provided or to a charge for a
9 complementary and alternative health care service.
10 (g) A statement that the client has the right to complete and current
11 information concerning the complementary and alternative health care
12 practitioner's assessment and recommended complementary and alternative health
13 care service that is to be provided, including the expected duration of the service to
14 be provided and the client's right to be allowed access to the client's records and
15 written information in the client's records.
16 (h) A statement that the complementary and alternative health care
17 practitioner may not release a client's records or information about the client's
18 transactions unless the release is authorized by the client in writing or otherwise
19 provided by law.
20 (i) A statement that the client has a right to coordinated transfer if there is a
21 change in the provider of complementary and alternative health care services.
22 (j) The name, address, and telephone number of the department and a
23 statement that the client may file a complaint with the department regarding
24 conduct that violates this chapter.
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1 (3) A complementary and alternative health care practitioner shall display a
2 written notice containing all of the information that is required under sub. (2) in a
3 prominent location where complementary and alternative health care services are
4 provided. The notice shall be written in not less than 12-point font size, and the
5 complementary and alternative health care provider shall make a reasonable
6 accommodation to disclose the information in the notice to a client who cannot read,
7 who has a communication impairment, or who does not read or speak English or the
8 same language as the complementary and alternative health care practitioner.
9 (4) (a) A client shall sign a written acknowledgment stating that the client has
10 been provided with the information described under subs. (1) and (2) before a
11 complementary and alternative health care practitioner may provide a
12 compleme