Date of enactment:
2023 Assembly Bill 541 Date of publication*:
2023 WISCONSIN ACT
AN ACT to create 440.18 of the statutes; relating to: provision of telehealth services by out−of−state health care
providers.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 440.18 of the statutes is created to read:
440.18 Telehealth by out−of−state mental health
care providers. (1) In this section, “mental health care
provider” means a psychologist, counselor, therapist, or
social worker who, by education, training, and experi-
ence, is qualified to provide mental health services to
patients.
(2) Notwithstanding chs. 440 to 480, no mental
health care provider may be required to be licensed, reg-
istered, certified, or otherwise approved to practice in this
state to provide mental health services by telehealth to
patients located in this state if the mental health care
provider satisfies all of the following:
(a) The mental health care provider is licensed, regis-
tered, certified, or otherwise approved to practice in the
state that the provider is physically present in when pro-
viding telehealth services.
(b) The mental health care provider may provide tele-
health services in this state within the scope of his or her
license, registration, certification, or approval from the
state from which the mental health care provider is pro-
viding telehealth services.
(c) The mental health care provider’s license, regis-
tration, certification, or approval from the state from
which the mental health care provider is providing tele-
health services is not limited and the mental health care
provider is not currently under investigation for any alle-
gations of unprofessional conduct in the state from which
the mental health care provider is providing telehealth
services.
(d) The mental health care provider provides services
within the scope of his or her license, registration, certifi-
cation, or approval from the state from which the mental
health care provider is providing telehealth services, con-
sistent with any regulations applicable to the provision of
telehealth services in that state.
(e) The mental health care provider informs the
patient whether the provider is licensed in this state, what
state he or she is providing telehealth services from, what
states in which he or she is licensed, registered, certified,
or otherwise approved to practice, and which regulatory
boards the patient may contact to file a complaint.
(2m) Any mental health care provider who provides
mental health services in this state by telehealth pursuant
to sub. (2) shall, within 30 days of the first day that the
mental health care provider provides mental health ser-
vices in this state by telehealth, submit to the department
on a form prescribed by the department any information
that the department requires to confirm that the mental
health care provider possesses a license, registration, cer-
tificate, or other approval that qualifies the mental health
* 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
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
care provider to provide mental health services in this
state by telehealth pursuant to sub. (2).
(3) This section does not apply to any individual who
holds a compact license under s. 448.980.