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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 144
April 6, 2023 - Introduced by Representatives GOEBEN, SORTWELL, ARMSTRONG,
BEHNKE, BODDEN, BORN, DITTRICH, DONOVAN, GUSTAFSON, KITCHENS, KURTZ,
MURPHY, MURSAU, O'CONNOR, OLDENBURG, PENTERMAN, ROZAR, SCHMIDT,
SCHRAA, TITTL and WICHGERS, cosponsored by Senators CABRAL-GUEVARA,
COWLES, FELZKOWSKI, FEYEN, JACQUE, MARKLEIN and STROEBEL. Referred to
Committee on Regulatory Licensing Reform.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 440.08 (2) (a) (intro.) and 440.094 (1) (c) 3., 4. and 5.; and to
create 440.094 (1) (c) 9g., 9m., 17. and 19. and 440.095 of the statutes; relating
to: preliminary health care credentials granted to previously unlicensed
individuals.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Safety and Professional Services to grant
preliminary credentials to certain individuals who have recently completed the
requirements to obtain a health care credential.
Under the bill, DSPS must grant a preliminary credential to an individual who
attests to meeting all of the requirements for a corresponding permanent or training
credential, including having completed all education, training, supervised
experience, and similar requirements within the previous two-year period. The
individual must also attest that he or she does not, to the best of his or her knowledge,
have a disqualifying arrest or conviction record, and that he or she has been engaged
by a health care employer to provide services that are within the scope of the
credential that he or she is seeking. Finally, the individual must have also submitted
an application for the permanent or training credential that remains pending.
The health care employer must submit to DSPS the employer's national
provider identifier and attest to having engaged the individual to provide the
aforementioned services. The health care employer must also attest that the
individual has, to the best of the health care employer's knowledge and with a
reasonable degree of certainty, completed the required education, training, and
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supervised experience necessary for the corresponding permanent or training
credential within the two years preceding the submission of the application for the
preliminary credential, has passed required examinations, and has passed a
background check performed by the health care employer.
The preliminary credential becomes effective upon the submission of the
attestation by the health care employer or on a later date specified therein. The
preliminary credential expires on the date that the application for the permanent or
training credential is granted or denied. While providing services under a
preliminary credential, the person is subject to all responsibilities and limitations
of the corresponding permanent or training credential.
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:
SECTION 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094, 440.095,
440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18
(2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal
dates for credentials are as follows:
SECTION 2. 440.094 (1) (c) 3., 4. and 5. of the statutes are amended to read:
440.094 (1) (c) 3. A dentist, dental hygienist, or expanded function dental
auxiliary licensed or certified under ch. 447.
4. A physician, physician assistant, perfusionist, or respiratory care
practitioner licensed or certified under subch. II of ch. 448.
5. A physical therapist or physical therapist assistant licensed under subch. III
of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.
SECTION 3. 440.094 (1) (c) 9g., 9m., 17. and 19. of the statutes are created to
read:
440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.
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9m. A physician assistant licensed under subch. IX of ch. 448.
17. A radiographer licensed under ch. 462.
19. A naturopathic doctor licensed under ch. 466.
SECTION 4. 440.095 of the statutes is created to read:
440.095 Practice by previously unlicensed individuals. (1) DEFINITIONS.
In this section:
(a) “Health care employer" has the meaning given in s. 440.094 (1) (b).
(b) “National provider identifier” means the national provider identifier issued
by the National Plan and Provider Enumeration System of the federal Centers for
Medicare and Medicaid Services
(c) “Permanent health care credential” means a credential corresponding to
any of the health care providers enumerated in s. 440.094 (1) (c).
(d) “Services” means actions that are within the scope of practice that is defined
for a permanent health care credential or training health care credential.
(e) “Training health care credential” means a credential that authorizes an
individual to provide some or all of the services that may be provided under a
permanent health care credential while the individual works to satisfy further
education, training, supervised experience, and similar requirements that must be
satisfied in order to be granted a permanent health care credential.
(2) PRACTICE BY PREVIOUSLY UNLICENSED INDIVIDUALS. (a) Notwithstanding chs.
440 to 480, an individual may provide for a health care employer services that are
within the scope of practice that is defined for the permanent health care credential
or training health care credential described in subd. 1. g., and the department shall
grant the individual a preliminary health care credential under this section, if all of
the following apply:
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1. The individual applies to the department for a preliminary health care
credential under this section. The individual shall include in the application an
attestation of all of the following:
a. The individual does not hold and has never held a license, certificate, permit,
or similar form of authorization that allows the individual to perform those services
in another jurisdiction.
b. The individual, within the 2-year period preceding the application under
subd. 1. g., completed all education, training, supervised experience, and similar
requirements that must be completed in order to be eligible for the permanent health
care credential or training health care credential described in subd. 1. g.
c. The individual has passed all examinations required to be taken in order to
be eligible for the permanent health care credential or training health care credential
described in subd. 1. g., other than any interview or oral examination that may be
required for the permanent health care credential or training health care credential.
d. The individual does not, to the best of his or her knowledge, have an arrest
record or a conviction record, as those terms are defined in s. 111.32, on the basis of
which the department or credentialing board, as applicable, would deny the
individual's application under subd. 1. g. The department may, in the application for
a preliminary health care credential under this section, provide a space for the
individual to indicate if he or she has previously applied for a determination under
s. 111.335 (4) (f).
e. The individual, to the best of his or her knowledge, meets all of the
requirements, other than those specified in subd. 1. b. to d., for the permanent health
care credential or training health care credential described in subd. 1. g.
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f. The individual has never held the credential for which he or she has applied
under subd. 1. g.
g. The individual has applied for a permanent health care credential or training
health care credential granted by the department or a credentialing board, as
applicable, under chs. 440 to 480 that corresponds to the preliminary health care
credential for which he or she has applied under this section, and that application
remains pending.
h. The individual has been engaged by a health care employer to provide
services for that health care employer that are within the scope of practice that is
defined for the permanent health care credential or training health care credential
described in subd. 1. g. For purposes of this section, an individual may not serve as
his or her own health care employer.
2. The health care employer of the individual described in subd. 1. h. provides
to the department the health care employer's national provider identifier and attests
to all of the following to the department:
a. The health care employer has engaged the individual to provide services for
the health care employer as described in subd. 1. h.
b. To the best of the health care employer's knowledge and with a reasonable
degree of certainty, the individual satisfies the applicable requirements under subd.
1. b. and c.
c. The individual passed a background check performed by the health care
employer.
(b) An individual who practices within the scope of a preliminary health care
credential granted under this section has all rights and is subject to all
responsibilities, malpractice insurance requirements, limitations on scope of
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practice, and other provisions that apply under chs. 440 to 480 to the practice under
the permanent health care credential or training health care credential described in
par. (a) 1. g.
(c) 1. A preliminary health care credential granted under this section becomes
effective on the date the health care employer submits the attestation under par. (a)
2., or on a later date, specified in the attestation, that the individual will begin
providing services for the health care employer.
2. A preliminary health care credential granted under this section expires on
the date that the department, or a credentialing board in the department, as
applicable, grants or denies the application under par. (a) 1. g. for a permanent
health care credential or training health care credential submitted by the individual.
(END)
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