Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB875 Compare Versions

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

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1	1	LRB-5296/1
2	2	JPC:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 875
5	5	January 2, 2024 - Introduced by Representatives GUSTAFSON, MURPHY, BEHNKE,
6	6	BODDEN, GREEN, GUNDRUM and MAGNAFICI, cosponsored by Senators
7	7	STAFSHOLT and TOMCZYK. Referred to Committee on Health, Aging and
8	8	Long-Term Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 440.18 of the statutes; relating to: registration of out-of-state
11	11	health care providers to provide telehealth services and granting rule-making
12	12	authority.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill allows an individual who possesses a credential as a health care
15	15	provider in another state to provide health care services by telehealth in this state
16	16	within the scope of practice established under the laws and rules of this state by
17	17	registering with the Department of Safety and Professional Services or an applicable
18	18	credentialing board. In general, under current law, no person may provide health
19	19	care services in this state for which a credential is required unless the person
20	20	possesses a credential issued in this state issued by DSPS or a credentialing board.
21	21	This bill requires DSPS and any applicable credentialing board to register an
22	22	out-of-state health care provider who does not possess a credential in this state as
23	23	a telehealth provider who may provide health care services in this state by telehealth
24	24	if the health care provider meets certain criteria, including 1) that the health care
25	25	provider possesses a credential issued by a governmental authority in another state,
26	26	the District of Columbia, or a possession or territory of the United States that is
27	27	active and unencumbered and that entitles the health care provider to perform
28	28	health care services that are substantially similar to health care services that may
29	29	be performed by a health care provider who possesses a credential issued in this
30	30	state; 2) that the health care provider has not been subject to any disciplinary action
31	31	relating to his or her credential during the five-year period immediately preceding
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34	34	3 - 2 -2023 - 2024 Legislature LRB-5296/1
35	35	JPC:amn
36	36	ASSEMBLY BILL 875
37	37	submission of the health care provider's application for registration in this state that
38	38	has resulted in his or her credential being limited, suspended, or revoked; and 3) that
39	39	the health care provider designates an agent upon whom service of process may be
40	40	made in this state. A health care provider registered to provide telehealth services
41	41	under the bill may not open an office in this state and may not provide in-person
42	42	health care services to patients located in this state unless the health care provider
43	43	obtains a credential in this state. The bill requires individuals registered to provide
44	44	telehealth services in this state to maintain and have in effect malpractice liability
45	45	insurance coverage that covers services provided to patients in this state if the health
46	46	care services that the individual may provide are substantially similar to services
47	47	provided by a health care provider in this state who is required under law to maintain
48	48	and have in effect malpractice liability insurance.
49	49	The bill requires individuals registered under the bill to provide telehealth
50	50	services in this state to notify DSPS or the applicable credentialing board of any
51	51	restrictions placed on his or her credential in any state or jurisdiction and of any
52	52	disciplinary action taken or pending against him or her in any state or jurisdiction
53	53	within 5 business days after the restriction is placed or disciplinary action is initiated
54	54	or taken. The bill allows DSPS and applicable credentialing boards to take
55	55	disciplinary action against a health care provider registered to provide telehealth
56	56	services under the bill if the registrant fails to notify DSPS or the applicable
57	57	credentialing board of any adverse actions taken against his or her credential, if the
58	58	registrant has restrictions placed on his or her credential, if disciplinary action has
59	59	been commenced against the registrant in any state or jurisdiction, if the registrant
60	60	violates any provision under the bill, or if the registrant commits any act that
61	61	constitutes grounds for disciplinary action applicable to the registrant's health care
62	62	practice in this state.
63	63	Finally, the bill requires DSPS to publish on its website a list of all health care
64	64	providers registered to provide telehealth services under the bill and include, to the
65	65	extent applicable, certain information including the registrant's name, the
66	66	registrant's health care occupation, a brief explanation of the registrant's training
67	67	and education, including completion dates and any certificates or degrees obtained,
68	68	the registrant's out-of-state health care license, permit, certificate, or other
69	69	approval, including any identification number associated with the registrant's
70	70	license, permit, certificate, or other approval, the registrant's specialty, a 5-year
71	71	disciplinary history of the registrant, the registrant's medical malpractice insurance
72	72	provider and any policy limits under the registrant's medical malpractice insurance
73	73	coverage, and the name and address of the registrant's agent designated for service
74	74	of process in this state.
75	75	For further information see the state fiscal estimate, which will be printed as
76	76	an appendix to this bill.
77	77	The people of the state of Wisconsin, represented in senate and assembly, do
78	78	enact as follows: - 3 -2023 - 2024 Legislature
79	79	LRB-5296/1
80	80	JPC:amn
81	81	SECTION 1
82	82	ASSEMBLY BILL 875
83	83	SECTION 1. 440.18 of the statutes is created to read:
84	84	440.18 Registration of out-of-state telehealth providers. (1) An
85	85	individual who possesses a license, permit, registration, or other approval as a health
86	86	care provider in another state may provide health care services by telehealth to
87	87	patients located in this state if the health care provider registers with the
88	88	department or any credentialing board, as applicable to the health care provider's
89	89	practice, and provides health care services within the scope of practice established
90	90	under the laws and rules of this state that apply to the health care provider's practice.
91	91	(2) The department or any credentialing board, as applicable, shall register a
92	92	health care provider who does not possess a credential in this state as a telehealth
93	93	provider under this section if the health care provider satisfies all of the following:
94	94	(a) The health care provider submits an application on a form prescribed by the
95	95	department and pays the applicable fee under s. 440.05 (2).
96	96	(b) The health care provider possesses a license, permit, certificate, or other
97	97	approval issued by a governmental authority in another state, the District of
98	98	Columbia, or a possession or territory of the United States that is active and
99	99	unencumbered and that entitles the health care provider to perform health care
100	100	services that are substantially similar to health care services that may be performed
101	101	by a health care provider who possesses a credential issued by the department or a
102	102	credentialing board in this state.
103	103	(c) The health care provider has not been subject to any disciplinary action
104	104	relating to his or her license, permit, certificate, or other approval during the 5-year
105	105	period immediately preceding submission of the health care provider's application
106	106	under par. (a) that has resulted in his or her license, permit, certificate, or other
107	107	approval being limited, suspended, or revoked.
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134	134	SECTION 1 ASSEMBLY BILL 875
135	135	(d) The health care provider designates an agent upon whom service of process
136	136	may be made in this state on a form prescribed by the department.
137	137	(e) The health care provider demonstrates to the department or any
138	138	credentialing board, as applicable, that the health care provider is in compliance
139	139	with sub. (5).
140	140	(3) A health care provider registered to provide telehealth services in this state
141	141	under sub. (2) shall be issued a unique telehealth provider identification number.
142	142	(4) A health care provider registered to provide telehealth services under this
143	143	section shall notify the department or credentialing board, as applicable, of
144	144	restrictions placed on his or her license, permit, certificate, or other approval in any
145	145	state or jurisdiction and of any disciplinary action taken or pending against him or
146	146	her in any state or jurisdiction. Notification under this subsection shall be provided
147	147	within 5 business days after the restriction is placed or disciplinary action is initiated
148	148	or taken.
149	149	(5) If a health care provider registered under this section possesses a license,
150	150	permit, certificate, or other approval issued by a governmental authority in another
151	151	state, the District of Columbia, or a possession or territory of the United States that
152	152	entitles the health care provider to perform health care services that are
153	153	substantially similar to health care services that may be performed by a health care
154	154	provider who possesses a credential issued by the department or a credentialing
155	155	board in this state and who is required under law to maintain and have in effect
156	156	malpractice liability insurance, the health care provider registered under this
157	157	section shall maintain and have in effect malpractice liability insurance coverage
158	158	that covers services provided to patients in this state evidenced by one of the
159	159	following:
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185	185	LRB-5296/1
186	186	JPC:amn
187	187	SECTION 1
188	188	ASSEMBLY BILL 875
189	189	(a) Personal liability coverage in the amounts specified under s. 655.23 (4).
190	190	(b) Coverage under a group liability policy providing individual coverage for the
191	191	health care provider in the amounts specified under s. 655.23 (4).
192	192	(6) A health care provider registered to provide telehealth services under this
193	193	section may not open an office in this state and may not provide in-person health care
194	194	services to patients located in this state unless the health care provider obtains a
195	195	credential in this state and provides in-person health care services only within the
196	196	scope of that credential.
197	197	(7) The department shall publish on its website a list of all health care
198	198	providers registered to provide telehealth services under this section and include, to
199	199	the extent applicable, all of the following:
200	200	(a) The registrant's name.
201	201	(b) The registrant's health care occupation.
202	202	(c) A brief explanation of the registrant's training and education, including
203	203	completion dates and any certificates or degrees obtained.
204	204	(d) The registrant's out-of-state health care license, permit, certificate, or
205	205	other approval, including any identification number associated with the registrant's
206	206	license, permit, certificate, or other approval.
207	207	(e) The registrant's telehealth provider identification number issued under
208	208	sub. (3).
209	209	(f) The registrant's specialty.
210	210	(g) Whether the registrant is board certified and by which board the registrant
211	211	is board certified.
212	212	(h) A 5-year disciplinary history of the registrant.
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238	238	SECTION 1 ASSEMBLY BILL 875
239	239	(i) The registrant's medical malpractice insurance provider and any policy
240	240	limits under the registrant's medical malpractice insurance coverage.
241	241	(j) The name and address of the registrant's agent designated for service of
242	242	process in this state under sub. (2) (d).
243	243	(8) (a) The department or the applicable credentialing board may take
244	244	disciplinary action against a health care provider registered to provide telehealth
245	245	services under this section if any of the following applies to the registrant:
246	246	1. The registrant fails to notify the department or the applicable credentialing
247	247	board of any adverse actions taken against his or her license, permit, certificate, or
248	248	other approval as required under sub. (4).
249	249	2. The registrant has restrictions placed on his or her license, permit,
250	250	certificate, or other approval or disciplinary action has been commenced against the
251	251	registrant in any state or jurisdiction.
252	252	3. The registrant violates any of the requirements under this section.
253	253	4. The registrant commits any act that constitutes grounds for disciplinary
254	254	action applicable to the registrant's health care practice in this state.
255	255	(b) Disciplinary action taken by the department or the applicable credentialing
256	256	board against a health care provider registered to provide telehealth services under
257	257	this section may include suspension or revocation of the registrant's registration
258	258	under this section. A suspension of the registration of a health care provider
259	259	registered to provide telehealth services under this section may be accompanied by
260	260	a corrective action plan as determined by the department or the applicable
261	261	credentialing board, the completion of which may lead to the suspended registration
262	262	being reinstated.
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287	287	LRB-5296/1
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289	289	SECTION 1
290	290	ASSEMBLY BILL 875
291	291	(9) This section does not apply to a health care provider who provides services
292	292	through telehealth as provided in s. 440.094 (3).
293	293	(10) (a) Registration to provide telehealth services in this state under this
294	294	section expires on the renewal date specified in s. 440.08 (2) (a) that is applicable to
295	295	the health care provider's practice. The department or credentialing board, as
296	296	appropriate, shall inform a health care provider registered under this section of the
297	297	applicable renewal date upon registration.
298	298	(b) The department or credentialing board, as appropriate, shall renew a
299	299	registration under this section for an applicant who satisfies the requirements for
300	300	registration under sub. (2).
301	301	(11) The department may promulgate rules necessary to administer this
302	302	section. Any credentialing board that regulates health care providers and to which
303	303	this section applies may promulgate rules necessary to administer this section.
304	304	SECTION 2.0Effective date.
305	305	(1) This act takes effect on the first day of the 7th month beginning after
306	306	publication.
307	307	(END)
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