Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB954 Compare Versions

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Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Assembly Bill 954 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to amend 448.05 (2) (a) (intro.) and 448.05 (2) (b) (intro.); and to create 448.01 (3), 448.02 (4m), 448.04
5		-	(1) (br), 448.05 (2m), 448.075 and 448.40 (3) of the statutes; relating to: provisional licenses to practice medicine
6		-	and surgery for internationally trained physicians and granting rule−making authority.
7		-	The people of the state of Wisconsin, represented in
8		-	senate and assembly, do enact as follows:
9		-	SECTION 1. 448.01 (3) of the statutes is created to
10		-	read:
11		-	448.01 (3) “International medical program” means
12		-	any medical school, residency program, medical intern-
13		-	ship program, or other program that is approved by the
14		-	Educational Commission for Foreign Medical Graduates
15		-	or provides individuals with a medical education or train-
16		-	ing outside the United States that is substantially similar
17		-	to the training required to qualify to practice medicine
18		-	and surgery in this state.
19		-	SECTION 2. 448.02 (4m) of the statutes is created to
20		-	read:
21		-	448.02 (4m) INTERNATIONAL PHYSICIANS. The board
22		-	may suspend or revoke a license granted under s. 448.04
23		-	(1) (br) if a majority of the board determines that the
24		-	holder of the license is no longer employed as a physician
25		-	in this state by an employer described in s. 448.05 (2m)
26		-	(a). The holder of the license shall be granted an opportu-
27		-	nity to be heard prior to the board’s determination.
28		-	SECTION 3. 448.04 (1) (br) of the statutes is created
29		-	to read:
30		-	448.04 (1) (br) Provisional license to practice
31		-	medicine and surgery for international physicians. The
32		-	board may grant a provisional license to practice
33		-	medicine and surgery for international physicians to an
34		-	applicant who satisfies the requirements under s. 448.05
35		-	(2m). The holder of a provisional license granted under
36		-	this paragraph may practice medicine and surgery only
37		-	under the supervision of a physician who is licensed to
38		-	practice medicine and surgery under par. (a). A provi-
39		-	sional license to practice medicine and surgery under this
40		-	paragraph shall be converted into a license to practice
41		-	medicine and surgery under par. (a) after the provisional
42		-	license holder practices medicine and surgery full−time
43		-	in this state and maintains good standing for 3 consecu-
44		-	tive years.
45		-	SECTION 4. 448.05 (2) (a) (intro.) of the statutes is
46		-	amended to read:
47		-	448.05 (2) (a) (intro.) Except as provided in pars. (b)
48		-	to (f) and sub. (2m), an applicant for any class of license
49		-	to practice medicine and surgery must supply evidence
50		-	satisfactory to the board of all of the following:
51		-	SECTION 5. 448.05 (2) (b) (intro.) of the statutes is
52		-	amended to read:
53		-	448.05 (2) (b) (intro.) Except as provided in pars. (c)
54		-	to (f) and sub. (2m), an applicant for a license to practice
55		-	medicine and surgery who is a graduate of a foreign med-
56		-	ical college must supply evidence satisfactory to the
57		-	board of all of the following:
58		-	* 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
59		-	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 954
60		-	SECTION 6. 448.05 (2m) of the statutes is created to
61		-	read:
62		-	448.05 (2m) PROVISIONAL LICENSE TO PRACTICE
63		-	MEDICINE AND SURGERY FOR INTERNATIONAL PHYSICIANS.
64		-	An applicant for a provisional license to practice
65		-	medicine and surgery for international physicians must
66		-	supply evidence to the board that the applicant satisfies
67		-	all of the following:
68		-	(a) The applicant has an offer for full−time employ-
69		-	ment as a physician in this state from a federally qualified
70		-	health center, as defined in s. 253.075 (1) (e), a commu-
71		-	nity health center, as defined in s. 250.15 (1) (a), a hospi-
72		-	tal, as defined in s. 50.33 (2), an ambulatory surgical cen-
73		-	ter, as defined in 42 CFR 416.2, or any other health care
74		-	facility approved by the board.
75		-	(b) The applicant has been granted a medical doctor-
76		-	ate or a substantially similar degree by an international
77		-	medical program.
78		-	(c) The applicant has completed a residency program
79		-	or a postgraduate medical training program that is sub-
80		-	stantially similar to a residency program.
81		-	(d) The applicant has practiced as a fully licensed or
82		-	otherwise authorized physician in his or her country of
83		-	practice for at least 5 years after completing a residency
84		-	program or a postgraduate medical training program that
85		-	is substantially similar to a residency program.
86		-	(dm) The applicant has practiced continuously as a
87		-	physician in his or her country of practice for at least one
88		-	out of the 5 years immediately preceding the date that the
89		-	applicant submits an application for a provisional license
90		-	under s. 448.04 (1) (br).
91		-	(e) The applicant has been in good standing with the
92		-	medical licensing or regulatory agency of his or her coun-
93		-	try of practice for the 5 years preceding the individual’s
94		-	application and does not have any pending disciplinary
95		-	action before the medical licensing or regulatory agency.
96		-	(em) The applicant has obtained certification by the
97		-	Educational Council for Foreign Medical Graduates, a
98		-	successor organization, or another evaluation entity
99		-	approved by the board.
100		-	(f) The applicant has passed all steps of the United
101		-	States Medical Licensing Examination administered by
102		-	the National Board of Medical Examiners and the Feder-
103		-	ation of State Medical Boards, or their successor organi-
104		-	zations.
105		-	(g) The applicant has, or will have prior to working
106		-	as a physician in this state, a federal immigration status
107		-	and employment authorization that enables the applicant
108		-	to work as a physician in this state.
109		-	(h) The applicant possesses basic fluency in the Eng-
110		-	lish language.
111		-	SECTION 7. 448.075 of the statutes is created to read:
112		-	448.075 Provisional licenses. Every 6 months or
113		-	upon request of the board, the holder of a provisional
114		-	license under s. 448.04 (1) (br) shall submit to the board
115		-	a statement certifying whether the license holder is still
116		-	employed as a physician in this state and whether the
117		-	license holder has been subjected to professional disci-
118		-	pline as a result of the license holder’s practice. If the
119		-	license holder has been subject to professional discipline,
120		-	the license holder shall submit to the board a description
121		-	of the circumstances of the discipline.
122		-	SECTION 8. 448.40 (3) of the statutes is created to
123		-	read:
124		-	448.40 (3) The board may promulgate rules defining
125		-	“substantially similar” under s. 448.05 (2m).
126		-	SECTION 12. 0Effective date.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 954
	5	+	January 12, 2024 - Introduced by Representatives CALLAHAN, GUSTAFSON, BORN,
	6	+	GUNDRUM, MURPHY, MURSAU, ORTIZ-VELEZ, RETTINGER, ROZAR, SCHMIDT,
	7	+	SNYDER, SPIROS and VANDERMEER, cosponsored by Senators TOMCZYK,
	8	+	BALLWEG and QUINN. Referred to Committee on Health, Aging and Long-Term
	9	+	Care.
	10	+	*AUTHORS SUBJECT TO CHANGE*
	11	+	AN ACT to amend 448.05 (2) (a) (intro.), 448.05 (2) (b) (intro.) and 448.974 (1) (a)
	12	+	(intro.); and to create 448.01 (3), 448.02 (4m), 448.04 (1) (br), 448.05 (2m),
	13	+	448.971 (5) and 448.974 (1) (c) of the statutes; relating to: provisional licenses
	14	+	to practice medicine and surgery for internationally trained physicians and
	15	+	physician assistants and granting rule-making authority.
	16	+	Analysis by the Legislative Reference Bureau
	17	+	This bill creates provisional licenses for certain internationally trained
	18	+	physicians to practice as a physician in this state and provides that certain physician
	19	+	assistants or physician associates who are licensed to practice in certain qualifying
	20	+	countries may apply for and receive a license to practice as a physician assistant in
	21	+	this state without having to satisfy certain educational requirements provided under
	22	+	current law. Under the bill, provisional licenses to practice as a physician are
	23	+	automatically converted into permanent licenses after the provisional license holder
	24	+	practices in this state and maintains good standing for three consecutive years.
	25	+	Under current law, the Medical Examining Board licenses and regulates
	26	+	physicians. This bill provides that the Medical Examining Board may issue a
	27	+	provisional license to practice as a physician to an applicant who meets certain
	28	+	requirements, including: (1) the applicant has an offer for employment as a physician
	29	+	in this state; (2) the applicant has been granted a medical doctorate or a substantially
	30	+	similar degree by an international medical program; (3) the applicant has completed
	31	+	a residency program or a postgraduate medical training program that is
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	39	+	substantially similar to a residency program; (4) the applicant has practiced as a
	40	+	fully licensed physician in his or her country of practice for at least five years after
	41	+	completing a residency program or a postgraduate medical training program that is
	42	+	substantially similar to a residency program; (5) the applicant has been in good
	43	+	standing with the medical licensing or regulatory agency of his or her country of
	44	+	practice for the five years preceding the individual's application and does not have
	45	+	any pending disciplinary action before the medical licensing or regulatory agency;
	46	+	(6) the applicant has passed all steps of the United States Medical Licensing
	47	+	Examination administered by the National Board of Medical Examiners and the
	48	+	Federation of State Medical Boards, or their successor organizations; (7) the
	49	+	applicant has, or will have prior to working as a physician in this state, a federal
	50	+	immigration status and employment authorization that enables the applicant to
	51	+	work as a physician in this state; and (8) the applicant possesses basic fluency in the
	52	+	English language. Under the bill, “international medical program” is defined to
	53	+	mean any medical school, residency program, medical internship program, or other
	54	+	program that is approved by the Educational Commission for Foreign Medical
	55	+	Graduates or provides individuals with a medical education or training outside the
	56	+	United States that is substantially similar to the training required to qualify to
	57	+	practice medicine and surgery in this state.
	58	+	Under current law, the Physician Assistant Affiliated Credentialing Board is
	59	+	attached to the Medical Examining Board and is responsible for the licensing and
	60	+	regulation of physician assistants. The Physician Assistant Affiliated Credentialing
	61	+	Board must issue licenses to practice as a physician assistant to any applicant who
	62	+	is found qualified by three-fourths of the members of the board and who satisfies
	63	+	certain requirements including that the applicant has successfully completed an
	64	+	educational program for physician assistants or physician associates that is
	65	+	described under current law or has successfully passed the Physician Assistant
	66	+	National Certifying Examination prior to January 1, 1986. This bill provides that
	67	+	an applicant for a license as a physician assistant does not have to complete the
	68	+	educational program described under current law if the applicant provides evidence
	69	+	satisfactory to the Physician Assistant Affiliated Credentialing Board that the
	70	+	applicant is licensed as a physician assistant or physician associate in a qualified
	71	+	country, that the applicant is in good standing with the licensing or regulatory
	72	+	institution in the qualified country, that the applicant can speak fluently in the
	73	+	English language, and that the applicant is lawfully admitted to work as a physician
	74	+	assistant in the United States. Under the bill, “qualified country” is defined to mean
	75	+	a country that the Physician Assistant Affiliated Credentialing Board determines by
	76	+	rule has set educational requirements for obtaining a license to practice as a
	77	+	physician assistant or physician associate in that country that are substantially
	78	+	equivalent to the educational requirements for licensure as a physician assistant in
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	83	+	For further information see the state fiscal estimate, which will be printed as
	84	+	an appendix to this bill.
	85	+	The people of the state of Wisconsin, represented in senate and assembly, do
	86	+	enact as follows:
	87	+	SECTION 1. 448.01 (3) of the statutes is created to read:
	88	+	448.01 (3) “International medical program” means any medical school,
	89	+	residency program, medical internship program, or other program that is approved
	90	+	by the Educational Commission for Foreign Medical Graduates or provides
	91	+	individuals with a medical education or training outside the United States that is
	92	+	substantially similar to the training required to qualify to practice medicine and
	93	+	surgery in this state.
	94	+	SECTION 2. 448.02 (4m) of the statutes is created to read:
	95	+	448.02 (4m) INTERNATIONAL PHYSICIANS. The board may suspend or revoke a
	96	+	license granted under s. 448.04 (1) (br) if a majority of the board determines that the
	97	+	holder of the license is no longer employed as a physician in this state. The holder
	98	+	of the license shall be granted an opportunity to be heard prior to the board's
	99	+	determination.
	100	+	SECTION 3. 448.04 (1) (br) of the statutes is created to read:
	101	+	448.04 (1) (br) Provisional license to practice medicine and surgery for
	102	+	international physicians. The board may grant a provisional license to practice
	103	+	medicine and surgery for international physicians to an applicant who satisfies the
	104	+	requirements under s. 448.05 (2m). A provisional license to practice medicine and
	105	+	surgery under this paragraph shall be converted into a license to practice medicine
	106	+	and surgery under par. (a) after the provisional license holder practices medicine and
	107	+	surgery full-time in this state and maintains good standing for 3 consecutive years.
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	130	+	SECTION 4 ASSEMBLY BILL 954
	131	+	SECTION 4. 448.05 (2) (a) (intro.) of the statutes is amended to read:
	132	+	448.05 (2) (a) (intro.) Except as provided in pars. (b) to (f) and sub. (2m), an
	133	+	applicant for any class of license to practice medicine and surgery must supply
	134	+	evidence satisfactory to the board of all of the following:
	135	+	SECTION 5. 448.05 (2) (b) (intro.) of the statutes is amended to read:
	136	+	448.05 (2) (b) (intro.) Except as provided in pars. (c) to (f) and sub. (2m), an
	137	+	applicant for a license to practice medicine and surgery who is a graduate of a foreign
	138	+	medical college must supply evidence satisfactory to the board of all of the following:
	139	+	SECTION 6. 448.05 (2m) of the statutes is created to read:
	140	+	448.05 (2m) PROVISIONAL LICENSE TO PRACTICE MEDICINE AND SURGERY FOR
	141	+	INTERNATIONAL PHYSICIANS. An applicant for a provisional license to practice medicine
	142	+	and surgery for international physicians must supply evidence to the board that the
	143	+	applicant satisfies all of the following:
	144	+	(a) The applicant has an offer for employment as a physician in this state.
	145	+	(b) The applicant has been granted a medical doctorate or a substantially
	146	+	similar degree by an international medical program.
	147	+	(c) The applicant has completed a residency program or a postgraduate medical
	148	+	training program that is substantially similar to a residency program.
	149	+	(d) The applicant has practiced as a fully licensed physician in his or her
	150	+	country of practice for at least 5 years after completing a residency program or a
	151	+	postgraduate medical training program that is substantially similar to a residency
	152	+	program.
	153	+	(e) The applicant has been in good standing with the medical licensing or
	154	+	regulatory agency of his or her country of practice for the 5 years preceding the
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	181	+	SECTION 6
	182	+	ASSEMBLY BILL 954
	183	+	individual's application and does not have any pending disciplinary action before the
	184	+	medical licensing or regulatory agency.
	185	+	(f) The applicant has passed all steps of the United States Medical Licensing
	186	+	Examination administered by the National Board of Medical Examiners and the
	187	+	Federation of State Medical Boards, or their successor organizations.
	188	+	(g) The applicant has, or will have prior to working as a physician in this state,
	189	+	a federal immigration status and employment authorization that enables the
	190	+	applicant to work as a physician in this state.
	191	+	(h) The applicant possesses basic fluency in the English language.
	192	+	SECTION 7. 448.971 (5) of the statutes is created to read:
	193	+	448.971 (5) “Qualified country” means a country that the board determines by
	194	+	rule has set educational requirements for obtaining a license to practice as a
	195	+	physician assistant or physician associate in that country that are substantially
	196	+	equivalent to the educational requirements for licensure as a physician assistant
	197	+	under s. 448.974 (1) (a) 3. a.
	198	+	SECTION 8. 448.974 (1) (a) (intro.) of the statutes is amended to read:
	199	+	448.974 (1) (a) (intro.) Except as provided in par. pars. (b) and (c), the board
	200	+	shall grant an initial license to practice as a physician assistant to any applicant who
	201	+	is found qualified by three-fourths of the members of the board and satisfies all of
	202	+	the following requirements, as determined by the board:
	203	+	SECTION 9. 448.974 (1) (c) of the statutes is created to read:
	204	+	448.974 (1) (c) Paragraph (a) 3. does not apply to an applicant who provides
	205	+	evidence satisfactory to the board that the applicant is licensed as a physician
	206	+	assistant or physician associate in a qualified country, that the applicant is in good
	207	+	standing with the licensing or regulatory institution in the qualified country, that the
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	234	+	SECTION 9 ASSEMBLY BILL 954
	235	+	applicant can speak fluently in the English language, and that the applicant is
	236	+	lawfully admitted to work as a physician assistant in the United States.
	237	+	SECTION 10.0Effective date.
127	238		(1) This act takes effect on January 1, 2025.
	239	+	(END)
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