Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB144 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-1486/1
2	2	MED:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 144
5	5	April 6, 2023 - Introduced by Representatives GOEBEN, SORTWELL, ARMSTRONG,
6	6	BEHNKE, BODDEN, BORN, DITTRICH, DONOVAN, GUSTAFSON, KITCHENS, KURTZ,
7	7	MURPHY, MURSAU, O'CONNOR, OLDENBURG, PENTERMAN, ROZAR, SCHMIDT,
8	8	SCHRAA, TITTL and WICHGERS, cosponsored by Senators CABRAL-GUEVARA,
9	9	COWLES, FELZKOWSKI, FEYEN, JACQUE, MARKLEIN and STROEBEL. Referred to
10	10	Committee on Regulatory Licensing Reform.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 440.08 (2) (a) (intro.) and 440.094 (1) (c) 3., 4. and 5.; and to
13	13	create 440.094 (1) (c) 9g., 9m., 17. and 19. and 440.095 of the statutes; relating
14	14	to: preliminary health care credentials granted to previously unlicensed
15	15	individuals.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill requires the Department of Safety and Professional Services to grant
18	18	preliminary credentials to certain individuals who have recently completed the
19	19	requirements to obtain a health care credential.
20	20	Under the bill, DSPS must grant a preliminary credential to an individual who
21	21	attests to meeting all of the requirements for a corresponding permanent or training
22	22	credential, including having completed all education, training, supervised
23	23	experience, and similar requirements within the previous two-year period. The
24	24	individual must also attest that he or she does not, to the best of his or her knowledge,
25	25	have a disqualifying arrest or conviction record, and that he or she has been engaged
26	26	by a health care employer to provide services that are within the scope of the
27	27	credential that he or she is seeking. Finally, the individual must have also submitted
28	28	an application for the permanent or training credential that remains pending.
29	29	The health care employer must submit to DSPS the employer's national
30	30	provider identifier and attest to having engaged the individual to provide the
31	31	aforementioned services. The health care employer must also attest that the
32	32	individual has, to the best of the health care employer's knowledge and with a
33	33	reasonable degree of certainty, completed the required education, training, and
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39	39	ASSEMBLY BILL 144
40	40	supervised experience necessary for the corresponding permanent or training
41	41	credential within the two years preceding the submission of the application for the
42	42	preliminary credential, has passed required examinations, and has passed a
43	43	background check performed by the health care employer.
44	44	The preliminary credential becomes effective upon the submission of the
45	45	attestation by the health care employer or on a later date specified therein. The
46	46	preliminary credential expires on the date that the application for the permanent or
47	47	training credential is granted or denied. While providing services under a
48	48	preliminary credential, the person is subject to all responsibilities and limitations
49	49	of the corresponding permanent or training credential.
50	50	For further information see the state fiscal estimate, which will be printed as
51	51	an appendix to this bill.
52	52	The people of the state of Wisconsin, represented in senate and assembly, do
53	53	enact as follows:
54	54	SECTION 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
55	55	440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094, 440.095,
56	56	440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18
57	57	(2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal
58	58	dates for credentials are as follows:
59	59	SECTION 2. 440.094 (1) (c) 3., 4. and 5. of the statutes are amended to read:
60	60	440.094 (1) (c) 3. A dentist, dental hygienist, or expanded function dental
61	61	auxiliary licensed or certified under ch. 447.
62	62	4. A physician, physician assistant, perfusionist, or respiratory care
63	63	practitioner licensed or certified under subch. II of ch. 448.
64	64	5. A physical therapist or physical therapist assistant licensed under subch. III
65	65	of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.
66	66	SECTION 3. 440.094 (1) (c) 9g., 9m., 17. and 19. of the statutes are created to
67	67	read:
68	68	440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.
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86	86	SECTION 3
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88	88	9m. A physician assistant licensed under subch. IX of ch. 448.
89	89	17. A radiographer licensed under ch. 462.
90	90	19. A naturopathic doctor licensed under ch. 466.
91	91	SECTION 4. 440.095 of the statutes is created to read:
92	92	440.095 Practice by previously unlicensed individuals. (1) DEFINITIONS.
93	93	In this section:
94	94	(a) “Health care employer" has the meaning given in s. 440.094 (1) (b).
95	95	(b) “National provider identifier” means the national provider identifier issued
96	96	by the National Plan and Provider Enumeration System of the federal Centers for
97	97	Medicare and Medicaid Services
98	98	(c) “Permanent health care credential” means a credential corresponding to
99	99	any of the health care providers enumerated in s. 440.094 (1) (c).
100	100	(d) “Services” means actions that are within the scope of practice that is defined
101	101	for a permanent health care credential or training health care credential.
102	102	(e) “Training health care credential” means a credential that authorizes an
103	103	individual to provide some or all of the services that may be provided under a
104	104	permanent health care credential while the individual works to satisfy further
105	105	education, training, supervised experience, and similar requirements that must be
106	106	satisfied in order to be granted a permanent health care credential.
107	107	(2) PRACTICE BY PREVIOUSLY UNLICENSED INDIVIDUALS. (a) Notwithstanding chs.
108	108	440 to 480, an individual may provide for a health care employer services that are
109	109	within the scope of practice that is defined for the permanent health care credential
110	110	or training health care credential described in subd. 1. g., and the department shall
111	111	grant the individual a preliminary health care credential under this section, if all of
112	112	the following apply:
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139	139	SECTION 4 ASSEMBLY BILL 144
140	140	1. The individual applies to the department for a preliminary health care
141	141	credential under this section. The individual shall include in the application an
142	142	attestation of all of the following:
143	143	a. The individual does not hold and has never held a license, certificate, permit,
144	144	or similar form of authorization that allows the individual to perform those services
145	145	in another jurisdiction.
146	146	b. The individual, within the 2-year period preceding the application under
147	147	subd. 1. g., completed all education, training, supervised experience, and similar
148	148	requirements that must be completed in order to be eligible for the permanent health
149	149	care credential or training health care credential described in subd. 1. g.
150	150	c. The individual has passed all examinations required to be taken in order to
151	151	be eligible for the permanent health care credential or training health care credential
152	152	described in subd. 1. g., other than any interview or oral examination that may be
153	153	required for the permanent health care credential or training health care credential.
154	154	d. The individual does not, to the best of his or her knowledge, have an arrest
155	155	record or a conviction record, as those terms are defined in s. 111.32, on the basis of
156	156	which the department or credentialing board, as applicable, would deny the
157	157	individual's application under subd. 1. g. The department may, in the application for
158	158	a preliminary health care credential under this section, provide a space for the
159	159	individual to indicate if he or she has previously applied for a determination under
160	160	s. 111.335 (4) (f).
161	161	e. The individual, to the best of his or her knowledge, meets all of the
162	162	requirements, other than those specified in subd. 1. b. to d., for the permanent health
163	163	care credential or training health care credential described in subd. 1. g.
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189	189	MED:cjs
190	190	SECTION 4
191	191	ASSEMBLY BILL 144
192	192	f. The individual has never held the credential for which he or she has applied
193	193	under subd. 1. g.
194	194	g. The individual has applied for a permanent health care credential or training
195	195	health care credential granted by the department or a credentialing board, as
196	196	applicable, under chs. 440 to 480 that corresponds to the preliminary health care
197	197	credential for which he or she has applied under this section, and that application
198	198	remains pending.
199	199	h. The individual has been engaged by a health care employer to provide
200	200	services for that health care employer that are within the scope of practice that is
201	201	defined for the permanent health care credential or training health care credential
202	202	described in subd. 1. g. For purposes of this section, an individual may not serve as
203	203	his or her own health care employer.
204	204	2. The health care employer of the individual described in subd. 1. h. provides
205	205	to the department the health care employer's national provider identifier and attests
206	206	to all of the following to the department:
207	207	a. The health care employer has engaged the individual to provide services for
208	208	the health care employer as described in subd. 1. h.
209	209	b. To the best of the health care employer's knowledge and with a reasonable
210	210	degree of certainty, the individual satisfies the applicable requirements under subd.
211	211	1. b. and c.
212	212	c. The individual passed a background check performed by the health care
213	213	employer.
214	214	(b) An individual who practices within the scope of a preliminary health care
215	215	credential granted under this section has all rights and is subject to all
216	216	responsibilities, malpractice insurance requirements, limitations on scope of
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243	243	SECTION 4 ASSEMBLY BILL 144
244	244	practice, and other provisions that apply under chs. 440 to 480 to the practice under
245	245	the permanent health care credential or training health care credential described in
246	246	par. (a) 1. g.
247	247	(c) 1. A preliminary health care credential granted under this section becomes
248	248	effective on the date the health care employer submits the attestation under par. (a)
249	249	2., or on a later date, specified in the attestation, that the individual will begin
250	250	providing services for the health care employer.
251	251	2. A preliminary health care credential granted under this section expires on
252	252	the date that the department, or a credentialing board in the department, as
253	253	applicable, grants or denies the application under par. (a) 1. g. for a permanent
254	254	health care credential or training health care credential submitted by the individual.
255	255	(END)
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