(1-3) (4) (5-8)...G) Speaking Engagement(s), Travel, or Public Relation Requests H) Follow-up Discussion Regarding National Board for Certification in Occupational Therapy (NBCOT)

Wisconsin Department of Safety and Professional Services Division of Policy Development

1400 E Washington Ave

PO Box 8366 Madison WI 53708-8366

Phone: 608-266-2112

Web: http://dsps.wi.gov Email: [email protected]

Scott Walker, Governor

Laura Gutiérrez, Secretary

TELECONFERENCE/VIRTUAL MEETING

OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING BOARD

Room 121C, 1400 East Washington Avenue, Madison

Contact: Tom Ryan (608) 266-2112

November 28, 2017

The following agenda describes the issues that the Board plans to consider at the meeting. At the time

of the meeting, items may be removed from the agenda. Please consult the meeting minutes for a record

of the actions of the Board.

AGENDA

9:30 A.M.

OPEN SESSION – CALL TO ORDER – ROLL CALL

A) Adoption of Agenda (1-3)

B) Approval of Minutes of November 17, 2016 (4)

C) Administrative Updates

1) Department and Staff Updates

2) Board Members – Term Expiration Dates

a) Brian Holmquist – 07/01/2013

b) Mary Kassens – 07/01/2019

c) Laura O’Brien – 07/01/2019

d) Amy Summers – 07/01/2018

3) Wis. Stat. s 15.085 (3)(b) – Biannual Meeting with the Medical Examining Board

D) Legislative/Administrative Rule Matters (5-8) 1) Position Statements of the Occupational Therapists Affiliated Credentialing Board

(OTACB)

2) Update on Other Legislation and Pending or Possible Rulemaking Projects

E) 9:35 A.M. APPEARANCE: Teri Black, Wisconsin Occupational Therapy Association

(WOTA) (9-14) 1) Dry Needling – Discussion and Consideration

2) Request for OTACB on Initiative for Legislation Creating Independent Wisconsin

Occupational Therapists Board – Discussion

3) Telemedicine – Board Discussion of Use and Delivery

4) Certified Occupational Therapy Assistant (COTA) Supervision in Home Health and Birth

to 3 Months Care – Update

F) Occupational License Study (15-16) 1) 2017 Wisconsin Act 59 (enacted in State Budget Bill)

2) 2017 Wisconsin Senate Bill 288 and Assembly Bill 369 (under consideration)

http://dsps.wi.gov/

mailto:[email protected]

G) Speaking Engagement(s), Travel, or Public Relation Requests

H) Follow-up Discussion Regarding National Board for Certification in Occupational Therapy

(NBCOT) Navigator, A Set of Online Continuing Competency Assessment Tools (17)

I) Informational Items

J) Items Added After Preparation of Agenda:

1) Introductions, Announcements and Recognition

2) Administrative Updates

3) Education and Examination Matters

4) Credentialing Matters

5) Practice Matters

6) Legislation/Administrative Rule Matters

7) Liaison Report(s)

8) Informational Item(s)

9) Disciplinary Matters

10) Presentations of Petition(s) for Summary Suspension

11) Presentation of Proposed Stipulation(s), Final Decision(s) and Order(s)

12) Presentation of Proposed Decisions

13) Presentation of Interim Order(s)

14) Petitions for Re-Hearing

15) Petitions for Assessments

16) Petitions to Vacate Order(s)

17) Petitions for Designation of Hearing Examiner

18) Requests for Disciplinary Proceeding Presentations

19) Motions

20) Petitions

21) Appearances from Requests Received or Renewed

22) Speaking Engagement(s), Travel, or Public Relation Request(s)

K) Public Comments

CONVENE TO CLOSED SESSION to deliberate on cases following hearing (§ 19.85 (1) (a), Stats.);

to consider licensure or certification of individuals (§ 19.85 (1) (b), Stats.); to consider closing

disciplinary investigations with administrative warnings (§ 19.85 (1) (b), Stats. and § 448.02 (8),

Stats.); to consider individual histories or disciplinary data (§ 19.85 (1) (f), Stats.); and to confer

with legal counsel (§ 19.85 (1) (g), Stats.).

L) Deliberation on Division of Legal Services and Compliance (DLSC) Matters (18-20) 1) Case Closings

a) 16 OTB 007, J.J.M.

M) Open Cases

N) Deliberation of Items Added After Preparation of the Agenda

1) Education and Examination Matters

2) Credentialing Matters

3) Application Matters

4) Disciplinary Matters

5) Monitoring Matters

6) Professional Assistance Procedure (PAP) Matters

7) Petition(s) for Summary Suspensions

8) Proposed Stipulations, Final Decisions and Orders

9) Administrative Warnings

10) Proposed Decisions

11) Matters Relating to Costs

12) Complaints

13) Case Closings

14) Case Status Report

15) Petition(s) for Extension of Time

16) Proposed Interim Orders

17) Petitions for Assessments and Evaluations

18) Petitions to Vacate Orders

19) Remedial Education Cases

20) Motions

21) Petitions for Re-Hearing

22) Appearances from Requests Received or Renewed

O) Consulting with Legal Counsel

RECONVENE TO OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION

P) Open Session Items Noticed Above not Completed in the Initial Open Session

Q) Vote on Items Considered or Deliberated Upon in Closed Session, if Voting is Appropriate

R) Ratification of Licenses and Certificates

ADJOURNMENT

NEXT MEETING DATE MARCH 13, 2018

ORAL EXAMINATION OF TWO (2) CANDIDATES FOR LICENSURE

ROOM 124E

10:15 A.M. OR IMMEDIATELY FOLLOWING FULL BOARD MEETING

CLOSED SESSION – Reviewing Applications and Conducting Oral Examinations of One Candidate

for Licensure – Brian Holmquist

************************************************************************************

MEETINGS AND HEARINGS ARE OPEN TO THE PUBLIC, AND MAY BE CANCELLED

WITHOUT NOTICE.

Times listed for meeting items are approximate and depend on the length of discussion and voting. All meetings

are held at 1400 East Washington Avenue, Madison, Wisconsin, unless otherwise noted. In order to confirm a

meeting or to request a complete copy of the board’s agenda, please call the listed contact person. The board may

also consider materials or items filed after the transmission of this notice. Times listed for the commencement of

disciplinary hearings may be changed by the examiner for the convenience of the parties. Interpreters for the hearing

impaired provided upon request by contacting the Affirmative Action Officer, 608-266-2112.

Occupational Therapists Affiliated Credentialing Board

Meeting Minutes

November 17, 2016

Page 1 of 1

OCCUPATIONAL THERAPISTS AFFILIATED CREDENTIALING BOARD

MEETING MINUTES

November 17, 2016

PRESENT: Brian Holmquist, Gaye Meyer (via GoToMeeting,) Laura O’Brien (via GoToMeeting,)

Corliss Rice (arrived via GoToMeeting at 9:37 a.m.,) Amy Summers

EXCUSED: Mary Kassens

STAFF: Tom Ryan, Executive Director; Nifty Lynn Dio, Bureau Assistant; and other Department

staff

CALL TO ORDER

Brian Holmquist, Chair, called the meeting to order at 9:30 a.m. A quorum of four (4) members was

confirmed.

ADOPTION OF AGENDA

MOTION: Amy Summers moved, seconded by Laura O’Brien, to adopt the agenda as

published. Motion carried unanimously.

APPROVAL OF MINUTES

MOTION: Amy Summers moved, seconded by Laura O’Brien, to approve the minutes of

September 13, 2016 as published. Motion carried unanimously.

Shaun Conway of the National Board for Certification in Occupational Therapy (NBCOT) delivered a

presentation about the NBCOT and it’s services

The Board recessed to conduct an oral examination of one candidate for licensure

RATIFICATION OF LICENSES AND CERTIFICATES

MOTION: Amy Summers moved, seconded by Laura O’Brien, to delegate ratification of

examination results to DSPS staff and to ratify all licenses and certificates as

issued. Motion carried unanimously.

ADJOURNMENT

MOTION: Amy Summers moved, seconded by Laura O’Brien, to adjourn the meeting.

Motion carried unanimously.

The meeting adjourned at 11:49 a.m.

4

AGENDA REQUEST FORM

1) Name and Title of Person Submitting the Request: Dale Kleven Administrative Rules Coordinator

2) Date When Request Submitted: 10/27/17 Items will be considered late if submitted after 12:00 p.m. on the deadline date:

8 business days before the meeting 3) Name of Board, Committee, Council, Sections: Occupational Therapists Affiliated Credentialing Board 4) Meeting Date: 11/28/17

5) Attachments: Yes No

6) How should the item be titled on the agenda page? Legislative and Administrative Rule Matters – Discussion and Consideration

1. Position Statements of the Occupational Therapists Affiliated Credentialing Board

2. Update on Other Legislation and Pending or Possible Rulemaking Projects

7) Place Item in: Open Session Closed Session Both

8) Is an appearance before the Board being scheduled? Yes (Fill out Board Appearance Request) No

9) Name of Case Advisor(s), if required:

10) Describe the issue and action that should be addressed:

11) Authorization Dale Kleven October 27, 2017 Signature of person making this request Date Supervisor (if required) Date Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, Provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.

5

Position Statement Board Chair Comments and Recommendations

Additional Suggestions From DSPS Staff

Positions Statements Related to Occupational Therapy Issued by the Occupational Therapists Affiliated Credentialing Board Positions Statements Related to Occupational Therapy Issued by the Occupational Therapists Affiliated Credentialing Board

Positions Statements Related to Occupational Therapy Issued by the Occupational Therapists Affiliated Credentialing Board

Add: The contents of this document are not comprehensive. All license holders or applicants are assumed to have read the statutory and code language pertinent to the regulated profession. The following information is intended to emphasize specific provisions of what is established under the law, but it is not a comprehensive review of everything that a licensee or applicant would need to know.

WHAT IS THE MEANING OF “SPECIFIC MEDICAL CONDITIONS” AS USED IN S. OT 4.03(2)(A), WIS. ADMIN. CODE?

The phrase “specific medical conditions” is not defined in either the statutes or the administrative rules that govern the practice of occupational therapy.

Keep as an FAQ?

N/A

DOES THE DEFINITION OF “PHYSICIAN” INCLUDE A DOCTOR OF OSTEOPATHY AS USED IN S. OT 4.03(2)(A), WIS. ADMIN. CODE?

Section 448.01 of the Wisconsin Statutes defines the term “physician” and includes an individual who possesses the degree of doctor of osteopathy. Accordingly, doctors of osteopathy are considered to by physicians as used in s. OT 4.03(2)(a), Wis. Admin. Code.

Delete. I do not think this is an FAQ.

N/A

IS THERE A DIFFERENCE BETWEEN A VERBAL ORDER AND AN ORAL REFERRAL? There is no difference between a verbal order and an oral referral.

No citation, not sure if this matters anymore.

N/A

6

IS THERE A DIFFERENCE BETWEEN A “REFERRAL” AND A “PHYSICIAN ORDER” AS USED IN S. OT 4.03(2)(D)?

“Referral” and “physician order” are defined in s. OT 1.02(16), Wis. Admin. Code, and mean the practice of requesting and, where applicable, ordering occupational therapy services and delegating the responsibility for evaluation and treatment to an occupational therapist. Accordingly, the two may be used interchangeably.

We cleaned some of this up so I think we can delete now. When I do a search for order in Chapter 4, there is only one place where there might be some confusion, but I do not anticipate any. OT 4.05(7)(A)

Citation not current.

WHAT TYPES OF OCCUPATIONAL THERAPY SERVICES MAY BE PROVIDED UNDER A “REFERRAL” AS OPPOSED TO A “PHYSICIAN ORDER”?

Because the two terms may be used interchangeably, there is no difference in the type of occupation services that can be provided under a referral versus a physician's order.

Delete - no longer relevant.

N/A

WHAT ARE THE SUPERVISORY REQUIREMENTS OF A PT /PTA WITH A TEMPORARY LICENSE?

PT 3.01(3) and (4) state that PTs and PTAs with a temporary license must receive direct, immediate and on premises supervision by “a person validly holding a regular license as a physical therapist.” Direct supervision does not mean “line of sight,” but does require that the supervisor be on the premises when services are provided. The supervisor must be available for immediate intervention if intervention becomes necessary.

WHAT ARE THE SUPERVISORY REQUIREMENTS OF A PT /PTA PHYSICAL THERAPIST (PT) OR PHYSICAL THERAPIST ASSISTANT (PTA) WITH A TEMPORARY LICENSE?

Section PT 3.01(3) and (4), Wis. Admin. Code, states that PTs and PTAs with a temporary license must receive direct, immediate and on premises supervision by “a person validly holding a regular license as a physical therapist.” Direct supervision does not mean “line of sight,” but does require that the supervisor be on the premises when services are provided. The supervisor must be available for immediate intervention if intervention becomes necessary (s. PT 1.02(5), Wis. Admin. Code).

CAN A PTA WITH A TEMPORARY LICENSE WORK UNDER GENERAL SUPERVISION? PT 3.01(3) and (4) state that PTs and PTAs with a temporary license must receive direct, immediate and on

Delete

7

premises supervision by “a person validly holding a regular license as a physical therapist.” Direct supervision does not mean “line of sight,” but does require that the supervisor be on the premises when services are provided. The supervisor must be available for immediate intervention if intervention becomes necessary.

8

State of Wisconsin Department of Safety & Professional Services

Revised 2/2015

AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request: Teri Black, Wisconsin Occupational Therapy Association (WOTA)

2) Date When Request Submitted: 11/22/2017

Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting

3) Name of Board, Committee, Council, Sections: Occupational Therapy Affiliated Credentialing Board

4) Meeting Date: 11/28/2017

5) Attachments:

Yes

No

6) How should the item be titled on the agenda page?

Dry Needling – Discussion and Consideration

7) Place Item in:

Open Session

Closed Session

8) Is an appearance before the Board being scheduled?

Yes

No

9) Name of Case Advisor(s), if required: N/A


11-3-2017

TO: OTACB WI Licensing Board

FROM: Connie Simon OTR/CHT

TOPIC: Request to have a statement paper clarifying that dry needling is within the scope of practice for

Occupational Therapists in the state of Wisconsin. A formal statement paper would protect therapists in

the event of litigation. As the practice of Occupational Therapy continues to evolve, it is appropriate

that we continue to provide techniques such as dry needling to maximize our patient’s functional

outcomes.

DEFINITION OF DRY NEEDLING: Dry Needling is a skilled intervention that uses a thin filiform

needle to stimulate underlying myofascial trigger points, muscular, and connective tissues for the

management of neuromuscular pain and movement impairments to improve the ability to perform

ADL’s (Activities of Daily Living). Dry Needling would not be used as a stand- alone procedure but

part of a broader treatment plan in preparation for or concurrently with purposeful and occupation-based

activities or interventions that ultimately enhance engagement in occupation.

Dry needling would fall under the Occupational Therapy Scope of practice, OT 4.02(1) “Occupational

therapy,” as defined at s.448.96 (5). Stats., may include the following interventions: (a) Remediation or

restitution of performance abilities that are limited due to impairment in biological, physiological,

psychological of neurological processes. It would also be supported under OT 4.02 Scope of practice (2)

Occupational therapy interventions include the following: (r) Use of a range of specific therapeutic

procedures, including wound care management, techniques to enhance sensory, perceptual, and

cognitive processing; and pain management, lymphedema management and manual therapy techniques

to enhance performance skills.

WOTA is endorsing support of a statement paper being developed stating that dry needling is an


Revised 2/2015

appropriate technique for Occupational Therapists to perform.

Dry needling is appropriate for a licensed/experienced Occupational Therapist to provide as long as they

have demonstrated and documented evidence of theoretical background, technical skill (education and

training) and competence.

WHY THE REQUEST? Many Occupational Therapists are interested in pursuing training in dry

needling as they have seen the positive effects found in the literature. Skilled/experienced therapists are

definitely qualified based on their basic education of anatomy and physiology along with demonstration

of continuing education and competence to perform this technique.

Thank you for your time in consideration of this issue. If you would like any further information, please

feel free to contact myself or members of the WOTA Board and we will be happy to provide you with

items of request.

Sincerely,

Connie L.S. Simon OTR/CHT

Hand to Shoulder Center of Wisconsin

2323 N. Casaloma Ave.

Appleton, WI 54914

Phone: (920) 730-8833

11) Authorization

Emily Handel 11/22/2017

Signature of person making this request Date

Supervisor (if required) Date

Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date

Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.


AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request:

Teri Black, Wisconsin Occupational Therapy Association (WOTA)

2) Date When Request Submitted:

10/23/2017

Items will be considered late if submitted after 4:30 p.m. and less than: ▪ 10 work days before the meeting for Medical Board

▪ 14 work days before the meeting for all others

3) Name of Board, Committee, Council, Sections:

Wisconsin Occupational Therapists Affiliated Credentialing Board

4) Meeting Date:

11/28/2017

5) Attachments:

x Yes

No


Request for OTACB Opinion on WOTA Initiative for Legislation Creating Independent Wisconsin OT Board - Discussion

7) Place Item in:

x Open Session

Closed Session

Both

8) Is an appearance before the Board being scheduled? If yes, who is appearing? Yes, Teri Black, WOTA


10) Describe the issue and action that should be addressed: Teri Black of WOTA is seeking the Board’s opinion on possible legislation that would remove the OTACB from Medical Examining Board affiliation and create a separate, independent Occupational Therapy Board. The Board Chair has approved this request and has asked that discussion be held but that action be deferred until the Board has had time to learn more.

From Teri Black, WOTA:

WOTA Draft Bill to establish an Examining Board for Occupational Therapy in the Department of

Safety and Professional Services. January 2017

The Wisconsin Occupational Therapy Association (WOTA) is requesting that a bill be drafted that

would create an independent Occupational Therapy Examining Board through the Department of Safety

and Professional Services (DSPS). The role of the licensing board is to discipline professionals for

infractions such as patient harm, and Medicaid fraud, establish the scope of OT practice, establish

professional standards for OT practitioners. They write questions for the open book test on the law and

administrative rules and oral exam, and administer the oral exam several times a year. The board also

monitors continued competency of practitioners through monitoring Continuing Education. Under the

current DSPS Occupational Therapy functions as an affiliated credentialing board. They are affiliated

with the Medical Examining Board. This means the MEB has oversight of the OT Affiliated

credentialing Board and any changes made to the OT administrative reviews. This relationship between

the Medical Examining board and the OT certification board was established with OTs regulation in

1989 and it has served OT well for many years. However, the scope of OT practice has expanded to

more community based practice in the last 27 years. While OT maintains its practice in medical

settings, hospitals, clinics, and skilled nursing facilities, the context of OT practice in Wisconsin has

9

expanded and the need for over sight from the Medical Examining Board has greatly decreased. The

primary reason for this request is that as of 2016 Occupational Therapy no longer requires physician

referral to access their services unless reimbursement requires it. OTs work with large populations that

are not acutely ill or under the care of physician for a current medical condition, such as children with

behavioral issues, altering home, school and work environments so individuals who have had health

issues can engage in their occupations in those settings. Therefore OTs no longer need to be overseen

by the Medical Examining Board. Physical Therapy is the therapeutic counterpart to OT in many

practice settings and has been overseen by an independent Examining Board for 8 years. They were

affiliated with the Medical Examining Board until they switched to the PT Examining board. It is

anticipated that there would not be a cost for this change since the OTACB would continue to perform

the same functions, just without the general oversight from the MEB.

11) Authorization



Bureau Director signature (indicates approval to add post agenda deadline item to agenda) Date

10





10/23/2017




Wisconsin Occupational Therapists Affiliated Credentialing Board

4) Meeting Date:

11/28/2017

5) Attachments:

x Yes

No


Telemedicine – Board Discussion of use and delivery

7) Place Item in:

x Open Session

Closed Session

Both

8) Is an appearance before the Board being scheduled? If yes, who is appearing? Yes, Teri Black (WOTA)


10) Describe the issue and action that should be addressed: Teri Black (WOTA) has asked that the Board consider a position on OT use of telemedicine/telehealth to deliver OT services. It is recommended that any position be considered in the context of possible rule writing.

11) Authorization




11





10/23/2017





4) Meeting Date:

11/28/2017

5) Attachments:

x Yes

No


COTA Supervision in Home Health and Birth to 3 Programs - Update

7) Place Item in:

x Open Session

Closed Session

Both

8) Is an appearance before the Board being scheduled? If yes, who is appearing? Yes, Teri Black (WOTA)



11) Authorization




12


Revised 12/2016

AGENDA REQUEST FORM 1) Name and Title of Person Submitting the Request: Emily Handel, Bureau Assistant on behalf of Thomas Ryan, Executive Director

2) Date When Request Submitted: 11/16/17

Items will be considered late if submitted after 12:00 p.m. on the deadline date which is 8 business days before the meeting



4) Meeting Date: 11/28/17

5) Attachments:

Yes

No

6) How should the item be titled on the agenda page? Occupational License Study:

• 2017 Wisconsin Act 59 (enacted in State Budget Bill)

• 2017 Wisconsin Senate Bill 288 and Assembly Bill 369 (under consideration)

7) Place Item in:

Open Session

Closed Session

8) Is an appearance before the Board being scheduled?

Yes

No

9) Name of Case Advisor(s), if required: N/A

10) Describe the issue and action that should be addressed: Board review of a provision in the enacted 2017 budget creating an occupational license review council (attached). Board review of similar legislation is pending in the state legislature, 2017 Senate Bill 288 and Assembly Bill 369. The links to the legislature’s web pages regarding Senate Bill 288 and Assembly Bill 369 are included here: https://docs.legis.wisconsin.gov/2017/related/acts/59/9139 (Attached) https://docs.legis.wisconsin.gov/2017/related/proposals/ab369 https://docs.legis.wisconsin.gov/2017/related/proposals/sb288

11) Authorization

Emily Handel……………………………………………………………… 11/16/17



Executive Director signature (indicates approval to add post agenda deadline item to agenda) Date

Directions for including supporting documents: 1. This form should be attached to any documents submitted to the agenda. 2. Post Agenda Deadline items must be authorized by a Supervisor and the Policy Development Executive Director. 3. If necessary, provide original documents needing Board Chairperson signature to the Bureau Assistant prior to the start of a meeting.

13

https://docs.legis.wisconsin.gov/2017/related/acts/59/9139

https://docs.legis.wisconsin.gov/2017/related/proposals/ab369

https://docs.legis.wisconsin.gov/2017/related/proposals/sb288

− 383 − 2017 Wisconsin Act 59 2017 Assembly Bill 64

enue shall prescribe a form for the property tax bills pre-pared under section 74.09 of the statutes that indicatesthat the state no longer imposes the forestation state tax.The form shall also indicate the amount of the forestationstate tax that the taxpayer paid in the previous year.

(1f) SALES AND USE TAX AUDITS; STATISTICAL SAM-PLING. Using the procedure under section 227.24 of thestatutes, the department of revenue shall promulgate therules required under section 77.59 (2g) of the statutes forthe period before the effective date of the permanent rulepromulgated under section 77.59 (2g) of the statutes butnot to exceed the period authorized under section 227.24(1) (c) of the statutes, subject to extension under section227.24 (2) of the statutes. Notwithstanding section227.24 (1) (a), (2) (b), and (3) of the statutes, the depart-ment is not required to provide evidence that promulgat-ing a rule under this subsection as an emergency rule isnecessary for the preservation of the public peace, health,safety, or welfare and is not required to provide a findingof emergency for a rule promulgated under this subsec-tion.

SECTION 9139.0Nonstatutory provisions; Safetyand Professional Services.

(12) PROFESSIONAL ASSISTANCE PROCEDURES; EMER-GENCY RULES. The department may use the procedureunder section 227.24 of the statutes to promulgate rulesunder section 440.03 (1c) of the statutes for the periodbefore the effective date of the permanent rule promul-gated under section 440.03 (1c) of the statutes but not toexceed the period authorized under section 227.24 (1) (c)of the statutes, subject to one extension of 60 days undersection 227.24 (2) of the statutes. If the department usesthis procedure to promulgate these rules, the departmentshall promulgate the rules no later than the 60th day afterthe effective date of this subsection. Notwithstandingsection 227.24 (1) (a), (2) (b), and (3) of the statutes, thedepartment is not required to provide evidence that pro-mulgating a rule under this subsection as an emergencyrule is necessary for the preservation of the public peace,health, safety, or welfare and is not required to provide afinding of emergency for a rule promulgated under thissubsection.

(17w) OCCUPATIONAL LICENSE STUDY.

(a) Definitions. In this subsection:1. “Department” means the department of safety and

professional services.2. “Occupational license” means any of the follow-

ing:a. A license, permit, certification, registration, or

other approval granted under section 167.10 (6m) orchapters 101, 145, or 440 to 480 of the statutes.

b. A license, permit, certification, registration, orother approval not included under subdivision 2. a. ifgranted to a person by this state in order that the personmay engage in a profession, occupation, or trade in this

state or in order that the person may use one or more titlesin association with his or her profession, occupation, ortrade.

(b) Report. No later than December 31, 2018, thedepartment shall submit a report to the governor and thechief clerk of each house of the legislature for distribu-tion to the legislature under section 13.172 (2) of thestatutes. The report shall include the department’s rec-ommendations for the elimination of occupationallicenses based on all of the following:

1. The department’s evaluation of whether the unreg-ulated practice of the profession, occupation, or trade canclearly harm or endanger the health, safety, or welfare ofthe public, and whether the potential for the harm is rec-ognizable and not remote or speculative.

2. The department’s evaluation of whether the publicreasonably benefits from the occupational licenserequirement.

3. The department’s evaluation of whether the publiccan be effectively protected by any means other thanrequiring an occupational license.

4. The department’s analysis of whether licensurerequirements for the regulated profession, occupation, ortrade exist in other states.

5. The department’s estimate of the number of indi-viduals or entities that are affected by the occupationallicense requirement.

6. The department’s estimate of the total financialburden imposed on individuals or entities as a result ofthe occupational licensure requirement, including educa-tion or training costs, examination fees, private creden-tial fees, occupational license fees imposed by the state,and other costs individuals or entities incur in order toobtain the required occupational license.

7. Any statement or analysis provided by the agencyor board administering the occupational license.

8. The department’s evaluation of the tangible orintangible barriers people may face in obtaining an occu-pational license.

SECTION 9140.0Nonstatutory provisions; Secre-tary of State.

SECTION 9141.0Nonstatutory provisions; StateFair Park Board.

SECTION 9142.0Nonstatutory provisions; SupremeCourt

(5f) DECISIONS OF LABOR AND INDUSTRY REVIEW COM-MISSION. The chief justice of the supreme court isrequested to do all of the following:

(a) Conduct a survey of decisions and orders of thelabor and industry review commission under chapters102 and 108 and sections 106.52 (4), 106.56 (4), and111.39 of the statutes, citing the statutes interpreted bythe commission and whether the decisions and orderswere the subjects of actions for judicial review filed incircuit court.

VetoedIn Part

14

woodkxnrt

Highlight



Brian Holmquist


7/23/2017





4) Meeting Date:

9/12/2017

5) Attachments:

x Yes

No


Follow up discussion regarding NBCOT’s Navigator, a set of online continuing competency assessment tools

7) Place Item in:

x Open Session

Closed Session

Both

8) Is an appearance before the Board being scheduled? If yes, who is appearing? No


10) Describe the issue and action that should be addressed: Board Discussion

11) Authorization




15

Documents

(1-3) (4) (5-8)...G) Speaking Engagement(s), Travel, or Public Relation Requests H) Follow-up Discussion Regarding National Board for Certification in Occupational Therapy (NBCOT)