Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB205 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 205
5	5	April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
6	6	on Regulatory Licensing Reform.
7	7	*AUTHORS SUBJECT TO CHANGE*
8	8	AN ACT to repeal 440.094 (1) (b); to amend 440.08 (2) (a) (intro.), 440.094 (title),
9	9	(1) (c) (intro.), 3., 4. and 5. and (2) and 440.094 (3); and to create 440.094 (1)
10	10	(c) 9g., 9m., 17. and 19., (d), (e) and (f) and 440.094 (4) of the statutes; relating
11	11	to: practice of certain professions by credential holders from other states.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill is explained in the NOTES provided by the Joint Legislative Council in
14	14	the bill.
15	15	For further information see the state fiscal estimate, which will be printed as
16	16	an appendix to this bill.
17	17	The people of the state of Wisconsin, represented in senate and assembly, do
18	18	enact as follows:
19	19	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This draft was prepared for the Joint
20	20	Legislative Council's Study Committee on Occupational Licenses.
21	21	Current law, enacted in 2021 Wisconsin Act 10, requires the Department of Safety
22	22	and Professional Services (DSPS) to grant a temporary state credential to a health care
23	23	provider who is credentialed in good standing in another state, pending an application
24	24	for a permanent credential. The provider must apply for the temporary credential within
25	25	30 days of first providing services in Wisconsin and attest that the person is in good
26	26	standing under the out-of-state credential and has applied for a permanent credential.
27	27	The health care provider's employer must notify DSPS within 10 days of the person first
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34	34	providing services in Wisconsin and attest that the provider's credential and good
35	35	standing have been confirmed to a reasonable degree of certainty. An employer's
36	36	notification and attestation are not required if the person is only providing telehealth
37	37	services.
38	38	To be in good standing under a credential from another state, the provider must
39	39	hold a valid, unexpired credential and must not be under investigation or have any active
40	40	restrictions or limitations on the person's credential. While practicing in Wisconsin under
41	41	the temporary credential, a health care provider is subject to all responsibilities and
42	42	limitations in the applicable practice.
43	43	The bill expands this process from health care providers to also include persons
44	44	classified in the business professions with credentials in good standing in another state
45	45	or territory. The bill revises the terminology for all health care and business profession
46	46	applicants from a “temporary” credential to a “preliminary” credential. If an individual
47	47	with a valid, unexpired credential from another state or territory applies for a
48	48	preliminary credential under the process described above, the individual may provide
49	49	health care or business services for an employer, under the preliminary credential, while
50	50	an application for a permanent credential is pending. While providing services under the
51	51	preliminary credential, the person is subject to all responsibilities and limitations of the
52	52	applicable state-issued credential.
53	53	The bill adds a definition for the term “remote credential,” to mean a credential
54	54	from another state or territory that authorizes or qualifies the individual to perform acts
55	55	that are substantially the same as the acts that an individual who holds a state-issued
56	56	credential is authorized or qualified to perform. The bill also adds the following health
57	57	care professions that may apply for a preliminary credential, who are not included in
58	58	current law: dental hygienists, expanded function dental auxiliaries, genetic counselors,
59	59	radiographers, and naturopathic doctors.
60	60	Under both current law and the bill, the preliminary credential takes effect on the
61	61	date that the individual begins providing services in this state. The preliminary
62	62	credential expires on the date that the application for the permanent credential is
63	63	granted or denied.
64	64	The bill does not apply to credentials for trades occupations, transportation
65	65	network companies, peddlers, unarmed combat sports, and body art and tanning
66	66	facilities or to credentials issued by other agencies.
67	67	SECTION 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
68	68	440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094 (2) (c) 2.,
69	69	440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18
70	70	(2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal
71	71	dates for credentials are as follows:
72	72	SECTION 2. 440.094 (title), (1) (c) (intro.), 3., 4. and 5. and (2) of the statutes are
73	73	amended to read:
74	74	440.094 (title) Practice by health care providers credential holders
75	75	from other states.
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89	89	(1) (c) (intro.) “Health care provider” means an individual who holds a valid,
90	90	unexpired remote credential granted by another state or territory that authorizes or
91	91	qualifies the individual to perform acts that are substantially the same as the acts
92	92	that any of the following are licensed or certified to perform:
93	93	3. A dentist, dental hygienist, or expanded function dental auxiliary licensed
94	94	or certified under ch. 447.
95	95	4. A physician, physician assistant, perfusionist, or respiratory care
96	96	practitioner licensed or certified under subch. II of ch. 448.
97	97	5. A physical therapist or physical therapist assistant licensed under subch. III
98	98	of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.
99	99	(2) PRACTICE BY HEALTH CARE PROVIDERS CREDENTIAL HOLDERS FROM OTHER STATES.
100	100	(a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2),
101	101	448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2),
102	102	449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1),
103	103	459.24 (1), and 460.02, a health care provider chs. 440 to 480, an individual who holds
104	104	a valid, unexpired remote credential may provide for an employer services that are
105	105	within the scope of the remote credential that the health care provider individual
106	106	holds, and the department shall grant the health care provider individual a
107	107	temporary preliminary credential to practice under this section, if all of the following
108	108	apply:
109	109	1. The health care provider individual applies to the department for a
110	110	temporary preliminary credential under this section within 30 days of beginning to
111	111	provide health care services for a health care an employer. The health care provider
112	112	individual shall include in the application an attestation of all of the following:
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138	138	SECTION 2 ASSEMBLY BILL 205
139	139	a. The date on which the health care provider individual first provided health
140	140	care services in this state under this section.
141	141	b. That the health care provider individual holds a valid, unexpired remote
142	142	credential granted in another state.
143	143	c. The health care provider individual is not currently under investigation and
144	144	no restrictions or limitations are currently placed on the health care provider's
145	145	individual's remote credential by the credentialing state that issued the remote
146	146	credential or by any other jurisdiction.
147	147	d. The health care provider individual has applied for a permanent,
148	148	state-issued credential granted by the department or an examining a credentialing
149	149	board, as applicable, under chs. 440 to 480 that corresponds to his or her remote
150	150	credential. This subd. 1. d. does not apply to a health care provider who provides
151	151	health care services only during the period covered by a national emergency declared
152	152	by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus
153	153	or during the 30 days immediately after the national emergency ends.
154	154	2. If the health care provider individual provides services other than services
155	155	provided through telehealth as described in sub. (3), the health care individual's
156	156	employer of the health care provider attests to all of the following to the department
157	157	within 10 days of the date on which the health care provider individual begins
158	158	providing health care services in this state under this section:
159	159	a. The health care employer has confirmed that the health care provider
160	160	individual holds a valid, unexpired remote credential granted by another state.
161	161	b. To the best of the health care employer's knowledge and with a reasonable
162	162	degree of certainty, the health care provider individual is not currently under
163	163	investigation and no restrictions or limitations are currently placed on the health
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191	191	SECTION 2
192	192	ASSEMBLY BILL 205
193	193	care provider's individual's remote credential by the credentialing state or any other
194	194	jurisdiction.
195	195	(b) A health care provider An individual who practices within the scope of a
196	196	temporary preliminary credential granted under this section has all rights and is
197	197	subject to all responsibilities, malpractice insurance requirements, limitations on
198	198	scope of practice, and other provisions that apply under chs. 440 to 480 to the practice
199	199	of the health care provider under the state-issued credential described in par. (a) 1.
200	200	d.
201	201	(c) 1. A temporary preliminary credential granted under this section becomes
202	202	effective on the date identified in the attestation under par. (a) 1. a. that the health
203	203	care provider individual first provided health care services in this state under this
204	204	section.
205	205	2. a. Except as provided in subd. 2. b., a temporary preliminary credential
206	206	granted under this section expires on the date that the department, or an examining
207	207	a credentialing board in the department, as applicable, grants or denies the
208	208	application under par. (a) 1. d. for a permanent state-issued credential submitted by
209	209	the health care provider individual.
210	210	b. If a the individual is a health care provider who provides health care services
211	211	only during the period covered by a national emergency declared by the U.S.
212	212	president under 50 USC 1621 in response to the 2019 novel coronavirus or during
213	213	the 30 days immediately after the national emergency ends, a temporary
214	214	preliminary credential granted under this section to the health care provider
215	215	individual expires 30 days after the national emergency ends.
216	216	SECTION 3. 440.094 (1) (b) of the statutes is repealed.
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242	242	SECTION 4 ASSEMBLY BILL 205
243	243	SECTION 4. 440.094 (1) (c) 9g., 9m., 17. and 19., (d), (e) and (f) of the statutes
244	244	are created to read:
245	245	440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.
246	246	9m. A physician assistant licensed under subch. IX of ch. 448.
247	247	17. A radiographer licensed under ch. 462.
248	248	19. A naturopathic doctor licensed under ch. 466.
249	249	(d) “Remote credential” means a license, permit, certificate, or registration
250	250	granted to an individual by another state or territory that authorizes or qualifies the
251	251	individual to perform acts that are substantially the same as the acts that an
252	252	individual who holds a state-issued credential is authorized or qualified to perform.
253	253	(e) “Services” means actions that are within the scope of practice that is defined
254	254	for a state-issued credential.
255	255	(f) “State-issued credential” means a credential, as defined in s. 440.01 (2) (a).
256	256	SECTION 5. 440.094 (3) of the statutes is amended to read:
257	257	440.094 (3) TELEHEALTH. A health care provider who practices within the scope
258	258	of a temporary preliminary credential granted under this section may provide
259	259	services through telehealth to a patient located in this state.
260	260	SECTION 6. 440.094 (4) of the statutes is created to read:
261	261	440.094 (4) NONAPPLICABILITY. This section does not apply with respect to
262	262	credentials under subch. IV or V or ch. 444 or 463.
263	263	(END)
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