(1)    The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under sub. (2). Except as provided in subs. (2) and (3), any rules regarding the practice of behavior analysis shall be consistent with standards established by the Behavior Analyst Certification Board, Inc., or its successor organization.

   (2)   The department may promulgate rules authorizing the department to issue a temporary permit to a person who is certified by the Behavior Analyst Certification Board, Inc., or its successor organization authorizing the practice of behavior analysis by the person under the supervision of a behavior analyst licensed under s. 440.312 (1).

   (3)   The rules may not do any of the following:

      (a)    Require an applicant for a license under this subchapter to have education in addition to the education required by the Behavior Analyst Certification Board, Inc., or its successor organization.

      (b)    Require a behavior analyst to practice behavior analysis under the supervision of, or in collaboration with, another health care provider.

      (c)    Require a behavior analyst to enter into an agreement, written or otherwise, with another health care provider.

      (d)    Limit the location where a behavior analyst may practice behavior analysis.