Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB541 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Assembly Bill 541 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to create 440.18 of the statutes; relating to: provision of telehealth services by out−of−state health care
5		-	providers.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 440.18 of the statutes is created to read:
9		-	440.18 Telehealth by out−of−state mental health
10		-	care providers. (1) In this section, “mental health care
11		-	provider” means a psychologist, counselor, therapist, or
12		-	social worker who, by education, training, and experi-
13		-	ence, is qualified to provide mental health services to
14		-	patients.
15		-	(2) Notwithstanding chs. 440 to 480, no mental
16		-	health care provider may be required to be licensed, reg-
17		-	istered, certified, or otherwise approved to practice in this
18		-	state to provide mental health services by telehealth to
19		-	patients located in this state if the mental health care
20		-	provider satisfies all of the following:
21		-	(a) The mental health care provider is licensed, regis-
22		-	tered, certified, or otherwise approved to practice in the
23		-	state that the provider is physically present in when pro-
24		-	viding telehealth services.
25		-	(b) The mental health care provider may provide tele-
26		-	health services in this state within the scope of his or her
27		-	license, registration, certification, or approval from the
28		-	state from which the mental health care provider is pro-
29		-	viding telehealth services.
30		-	(c) The mental health care provider’s license, regis-
31		-	tration, certification, or approval from the state from
32		-	which the mental health care provider is providing tele-
33		-	health services is not limited and the mental health care
34		-	provider is not currently under investigation for any alle-
35		-	gations of unprofessional conduct in the state from which
36		-	the mental health care provider is providing telehealth
	1	+	LRB-4571/1
	2	+	JPC:cdc
	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 541
	5	+	October 18, 2023 - Introduced by Representatives GUSTAFSON, DITTRICH, KITCHENS,
	6	+	MAGNAFICI, MURPHY, MURSAU, O'CONNOR, ROZAR, SCHMIDT and WICHGERS,
	7	+	cosponsored by Senators CABRAL-GUEVARA, BALLWEG, BRADLEY, FEYEN and
	8	+	MARKLEIN. Referred to Committee on Health, Aging and Long-Term Care.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to create 440.18 of the statutes; relating to: provision of telehealth
	11	+	services by out-of-state health care providers.
	12	+	Analysis by the Legislative Reference Bureau
	13	+	This bill provides that no mental health care provider may be required to be
	14	+	licensed, registered, certified, or otherwise approved to practice in this state to
	15	+	provide mental health services by telehealth to patients located in this state if the
	16	+	mental health care provider satisfies certain conditions, including: 1) the mental
	17	+	health care provider is licensed, registered, certified, or otherwise approved to
	18	+	practice in the state that the provider is physically present in when providing
	19	+	telehealth services; 2) the mental health care provider may provide telehealth
	20	+	services in this state within the scope of his or her license, registration, certification,
	21	+	or approval from the state from which the mental health care provider is providing
	22	+	telehealth services; and 3) the mental health care provider informs the patient
	23	+	whether the provider is licensed in this state, what state he or she is providing
	24	+	telehealth services from, what states in which he or she is licensed, registered,
	25	+	certified, or otherwise approved to practice, and which regulatory boards the patient
	26	+	may contact to file a complaint. Under the bill, “mental health care provider” means
	27	+	a physician, physician assistant, psychologist, registered professional nurse,
	28	+	counselor, therapist, or social worker who, by education, training, and experience, is
	29	+	qualified to provide mental health services to patients. Under current law,
	30	+	“telehealth” means a practice of health care delivery, diagnosis, consultation,
	31	+	treatment, or transfer of medically relevant data by means of audio, video, or data
	32	+	communications that are used either during a patient visit or a consultation or are
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	34	+	2 - 2 -2023 - 2024 Legislature LRB-4571/1
	35	+	JPC:cdc
	36	+	ASSEMBLY BILL 541
	37	+	used to transfer medically relevant data about a patient, and includes asynchronous
	38	+	telehealth services, interactive telehealth, and remote patient monitoring.
	39	+	The people of the state of Wisconsin, represented in senate and assembly, do
	40	+	enact as follows:
	41	+	SECTION 1. 440.18 of the statutes is created to read:
	42	+	440.18 Telehealth by out-of-state mental health care providers. (1) In
	43	+	this section, “mental health care provider” means a physician, physician assistant,
	44	+	psychologist, registered professional nurse, counselor, therapist, or social worker
	45	+	who, by education, training, and experience, is qualified to provide mental health
	46	+	services to patients.
	47	+	(2) Notwithstanding chs. 440 to 480, no mental health care provider may be
	48	+	required to be licensed, registered, certified, or otherwise approved to practice in this
	49	+	state to provide mental health services by telehealth to patients located in this state
	50	+	if the mental health care provider satisfies all of the following:
	51	+	(a) The mental health care provider is licensed, registered, certified, or
	52	+	otherwise approved to practice in the state that the provider is physically present in
	53	+	when providing telehealth services.
	54	+	(b) The mental health care provider may provide telehealth services in this
	55	+	state within the scope of his or her license, registration, certification, or approval
	56	+	from the state from which the mental health care provider is providing telehealth
37	57		services.
38		-	(d) The mental health care provider provides services
39		-	within the scope of his or her license, registration, certifi-
40		-	cation, or approval from the state from which the mental
41		-	health care provider is providing telehealth services, con-
42		-	sistent with any regulations applicable to the provision of
43		-	telehealth services in that state.
44		-	(e) The mental health care provider informs the
45		-	patient whether the provider is licensed in this state, what
46		-	state he or she is providing telehealth services from, what
47		-	states in which he or she is licensed, registered, certified,
48		-	or otherwise approved to practice, and which regulatory
49		-	boards the patient may contact to file a complaint.
50		-	(2m) Any mental health care provider who provides
51		-	mental health services in this state by telehealth pursuant
52		-	to sub. (2) shall, within 30 days of the first day that the
53		-	mental health care provider provides mental health ser-
54		-	vices in this state by telehealth, submit to the department
55		-	on a form prescribed by the department any information
56		-	that the department requires to confirm that the mental
57		-	health care provider possesses a license, registration, cer-
58		-	tificate, or other approval that qualifies the mental health
59		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
60		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Assembly Bill 541
61		-	care provider to provide mental health services in this
62		-	state by telehealth pursuant to sub. (2).
63		-	(3) This section does not apply to any individual who
64		-	holds a compact license under s. 448.980.
	58	+	(c) The mental health care provider's license, registration, certification, or
	59	+	approval from the state from which the mental health care provider is providing
	60	+	telehealth services is not limited and the mental health care provider is not currently
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	81	+	LRB-4571/1
	82	+	JPC:cdc
	83	+	SECTION 1
	84	+	ASSEMBLY BILL 541
	85	+	under investigation for any allegations of unprofessional conduct in the state from
	86	+	which the mental health care provider is providing telehealth services.
	87	+	(d) The mental health care provider provides services within the scope of his
	88	+	or her license, registration, certification, or approval from the state from which the
	89	+	mental health care provider is providing telehealth services, consistent with any
	90	+	regulations applicable to the provision of telehealth services in that state.
	91	+	(e) The mental health care provider informs the patient whether the provider
	92	+	is licensed in this state, what state he or she is providing telehealth services from,
	93	+	what states in which he or she is licensed, registered, certified, or otherwise approved
	94	+	to practice, and which regulatory boards the patient may contact to file a complaint.
	95	+	(3) This section does not apply to any individual who holds a compact license
	96	+	under s. 448.980.
	97	+	(END)
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