Wisconsin Administrative Code Occupational Therapists Affiliated Credentialing Board
🧑⚖️ Board Structure and Authority
The Occupational Therapists Affiliated Credentialing Board consists of:
3 Occupational Therapists
2 Occupational Therapy Assistants
2 Public Members
Members are appointed by the Governor and confirmed by the Legislature to serve 4-year terms. The board's authority is outlined in Wis. Stat. ch. 448, subch. VII, and it operates under the general duties and powers prescribed in Wis. Stat. § 440.035.
📜 Key Regulations
1. Standards of Practice (OT 4.03)
OTs and OTAs must adhere to established standards of practice, including:
Screening: Identifying individuals with deficits in occupational performance.
Evaluation: Conducting assessments to determine the need for intervention.
Intervention: Implementing strategies to address identified needs.
Outcomes: Evaluating the effectiveness of interventions.
These standards ensure consistent and quality care across the profession.
2. Unprofessional Conduct (OT 5.02)
The code defines unprofessional conduct as:
Violating provisions of Wis. Stat. §§ 448.96 to 448.970 or any board rule.
Presenting false or fraudulent statements in applications.
Engaging in fraud or deception during licensing examinations.
Attempting to buy, sell, or barter a license.
Such conduct can lead to disciplinary actions, including suspension or revocation of licensure.
3. Telehealth Standards (OT 6.04)
Effective August 1, 2023, the board established standards for telehealth services:
Equal Standards: OTs and OTAs must provide the same level of care in telehealth visits as in-person visits.
Informed Consent: Patients must be informed that the visit will be conducted via telehealth.
Appropriateness: Telehealth should not be used if it cannot meet the standard of care for the specific service.
These regulations ensure that telehealth services maintain the quality and integrity of occupational therapy practice.
⚖️ Case Law and Legal Precedents
While specific case law directly interpreting the Wisconsin Administrative Code for occupational therapy is limited, the board's decisions and disciplinary actions are subject to judicial review. For instance, in cases where a licensee disputes a board decision, the circuit courts may review the matter to ensure that the board's actions are consistent with statutory authority and due process requirements.
📝 Recent Legislative Developments
In the 2023-2024 legislative session, Senate Bill 910 was introduced to change the Occupational Therapists Affiliated Credentialing Board to the Occupational Therapy Examining Board. This change aims to streamline the regulatory process and enhance the board's authority in overseeing the profession.
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