Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB141 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 SENATE BILL 141
5	5	March 23, 2023 - Introduced by Senators STAFSHOLT, CABRAL-GUEVARA, FEYEN and
6	6	WANGGAARD, cosponsored by Representatives GUSTAFSON, ALLEN, BEHNKE,
7	7	BINSFELD, BODDEN, DITTRICH, GREEN, GUNDRUM, KITCHENS, KRUG, MURSAU,
8	8	RETTINGER, RODRIGUEZ, SCHMIDT, SCHRAA, SCHUTT, STEFFEN, TUSLER, WICHGERS
9	9	and O'CONNOR. Referred to Committee on Licensing, Constitution and
10	10	Federalism.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to amend 440.03 (13) (b) (intro.), 448.962 (1) (c) (intro.), 448.962 (2) (c)
13	13	(intro.), 448.963 (1) (b), 448.963 (2) (intro.), 448.963 (3) (intro.) and 448.963 (4)
14	14	(intro.); and to create 448.963 (3m), 448.963 (4m) and 448.9635 of the statutes;
15	15	relating to: third-party processing of applications for occupational therapists
16	16	and occupational therapy assistants and granting rulemaking authority.
17	17	Analysis by the Legislative Reference Bureau
18	18	This bill requires the Department of Safety and Professional Services to
19	19	contract with a third-party entity to receive applications for licensure as an
20	20	occupational therapist or occupational therapy assistant, to collect and retain
21	21	application fees, to determine whether an applicant has an arrest or conviction
22	22	record, and to determine whether the applicant has met all other requirements for
23	23	licensure. If the third-party entity determines that an applicant meets all of the
24	24	requirements for licensure, the bill requires the third-party entity to inform the
25	25	Occupational Therapy Affiliated Credentialing Board of its determination within 10
26	26	days from the day that the determination is made. The bill then requires the
27	27	Occupational Therapy Affiliated Credentialing Board to promptly issue a license as
28	28	an occupational therapist or an occupational therapy assistant to any applicant that
29	29	the third-party entity determined was eligible under the bill. The bill provides a
30	30	similar third-party process for applicants for licensure for a limited period to
31	31	practice occupational therapy in association with an occupational therapist or for
32	32	licensure for a limited period to assist in the practice of occupational therapy under
33	33	the supervision of an occupational therapist.
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40	40	SENATE BILL 141
41	41	This bill allows any third-party entity contracted under the bill to set and
42	42	periodically update the required fee for applications for licensure described under
43	43	the bill. At least 60 days before any fee change goes into effect, the bill requires the
44	44	third-party entity to submit a request to change the fee to the Joint Committee on
45	45	Finance along with the third-party entity's current operating budget and an
46	46	estimation of the change in total fees to be received by the third-party entity if the
47	47	fee change were to go into effect. The bill allows the Joint Committee on Finance to
48	48	hold a hearing on any requested fee change. If the Joint Committee on Finance holds
49	49	a hearing on a requested fee change, the bill requires the third-party entity to adopt
50	50	any fee determined by the joint committee. Further, if the Joint Committee on
51	51	Finance determines at any time that the third-party entity has a budget surplus that
52	52	is greater than 10 percent of the amount of fees that the third-party entity receives
53	53	in a year, the joint committee may order the third-party entity to lower the fee to a
54	54	fee determined by the joint committee.
55	55	Before entering into a contract with a third-party entity, the bill requires that
56	56	any proposed contract be submitted to the Joint Committee on Finance for approval.
57	57	Once a contract is approved, the bill requires the third-party entity to annually
58	58	submit a report to the legislature detailing the performance of the third-party entity.
59	59	The bill permits DSPS or any person delegated by the legislature to inspect and
60	60	examine all records relating to the operations of the third-party entity.
61	61	For further information see the state fiscal estimate, which will be printed as
62	62	an appendix to this bill.
63	63	The people of the state of Wisconsin, represented in senate and assembly, do
64	64	enact as follows:
65	65	SECTION 1. 440.03 (13) (b) (intro.) of the statutes is amended to read:
66	66	440.03 (13) (b) (intro.) The department may investigate whether an applicant
67	67	for or holder of any of the following credentials has been charged with or convicted
68	68	of a crime only pursuant to rules promulgated by the department under this
69	69	paragraph, including rules that establish the criteria that the department will use
70	70	to determine whether an investigation under this paragraph is necessary, except as
71	71	provided in par. (c) and ss. 441.51 (5) (a) 5., 448.9635 (2) (a) 3., 448.980 (5) (b) 3.,
72	72	448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4.:
73	73	SECTION 2. 448.962 (1) (c) (intro.) of the statutes is amended to read:
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85	85	SECTION 2
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87	87	448.962 (1) (c) (intro.) Any person performing occupational therapy services in
88	88	this state under a limited permit license issued for a limited period of time, as
89	89	provided under s. 448.963 (4), if at least one of the following applies:
90	90	SECTION 3. 448.962 (2) (c) (intro.) of the statutes is amended to read:
91	91	448.962 (2) (c) (intro.) Any person performing occupational therapy services in
92	92	this state under a limited permit license issued for a limited period of time, as
93	93	provided under s. 448.963 (4), if at least one of the following applies:
94	94	SECTION 4. 448.963 (1) (b) of the statutes is amended to read:
95	95	448.963 (1) (b) Pay the fee specified in s. 440.05 (1) or, if the department
96	96	contracts with a 3rd-party entity under s. 448.9635, the fee established by the
97	97	3rd-party entity under s. 448.9635 (3).
98	98	SECTION 5. 448.963 (2) (intro.) of the statutes is amended to read:
99	99	448.963 (2) (intro.) The Subject to sub. (3m), the affiliated credentialing board
100	100	shall grant a license as an occupational therapist to a person who does all of the
101	101	following:
102	102	SECTION 6. 448.963 (3) (intro.) of the statutes is amended to read:
103	103	448.963 (3) (intro.) The Subject to sub. (3m), the affiliated credentialing board
104	104	shall grant a license as an occupational therapy assistant to a person who does all
105	105	of the following:
106	106	SECTION 7. 448.963 (3m) of the statutes is created to read:
107	107	448.963 (3m) If the department contracts with a 3rd-party entity under s.
108	108	448.9635, the affiliated credentialing board shall promptly issue a license as an
109	109	occupational therapist under sub. (2) or a license as an occupational therapy
110	110	assistant under sub. (3) to an applicant that the 3rd-party entity determines is
111	111	eligible.
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138	138	SECTION 8 SENATE BILL 141
139	139	SECTION 8. 448.963 (4) (intro.) of the statutes is amended to read:
140	140	448.963 (4) (intro.) The Subject to sub. (4m), the affiliated credentialing board
141	141	may, upon application, issue a permit license for a limited period of time designated
142	142	by the affiliated credentialing board to any of the following:
143	143	SECTION 9. 448.963 (4m) of the statutes is created to read:
144	144	448.963 (4m) If the department contracts with a 3rd-party entity under s.
145	145	448.9635, the affiliated credentialing board may issue a license to practice
146	146	occupational therapy in association with an occupational therapist under sub. (4) (a)
147	147	or a license to assist in the practice of occupational therapy under the supervision of
148	148	an occupational therapist under sub. (4) (b) to an applicant that the 3rd-party entity
149	149	determines is eligible.
150	150	SECTION 10. 448.9635 of the statutes is created to read:
151	151	448.9635 Third-party application processing. (1) (a) The department
152	152	shall contract with a 3rd-party entity to perform the functions described under this
153	153	section.
154	154	(b) Before executing or renewing a contract under this subsection, the
155	155	department shall submit the proposed contract to the joint committee on finance for
156	156	approval. If the cochairpersons of the joint committee on finance do not notify the
157	157	department within 14 working days after the date the contract is submitted under
158	158	this subsection that the committee has scheduled a meeting for the purpose of
159	159	reviewing the contract, the department shall execute or renew the contract. If,
160	160	within 14 working days after the date the contract is submitted under this
161	161	subsection, the cochairpersons of the joint committee on finance notify the
162	162	department that the committee has scheduled a meeting for the purpose of reviewing
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189	189	SECTION 10
190	190	SENATE BILL 141
191	191	the contract, the department shall incorporate into the contract all changes made by
192	192	the committee.
193	193	(c) No contract under this subsection is valid or enforceable unless the contract
194	194	was submitted to and approved by the joint committee on finance under par. (b) in
195	195	its entirety.
196	196	(d) No contract under this subsection may be for a term greater than 4 years.
197	197	(2) If the department contracts with a 3rd-party entity under sub. (1), all of
198	198	the following apply:
199	199	(a) The 3rd-party entity shall do all of the following for any applicant for
200	200	licensure under s. 448.963 (2) or (3):
201	201	1. Receive the application for licensure required under s. 448.963 (1) (a).
202	202	2. Collect and retain the fee established by the 3rd-party entity under sub. (3).
203	203	3. Determine, subject to ss. 111.321, 111.322, and 111.335, whether the
204	204	applicant has been convicted of an offense the circumstances of which substantially
205	205	relate to the practice of occupational therapy or the practice as an occupational
206	206	therapy assistant, whichever is applicable.
207	207	4. If the applicant is applying for licensure as an occupational therapist,
208	208	determine whether the applicant has met the requirements under s. 448.963 (2) or,
209	209	if the applicant is applying for licensure as an occupational therapy assistant,
210	210	determine whether the applicant has met the requirements under s. 448.963 (3).
211	211	(b) The 3rd-party entity shall do all of the following for any applicant for a
212	212	license under s. 448.963 (4):
213	213	1. If the applicant is applying for a license to practice occupational therapy in
214	214	association with an occupational therapist under s. 448.963 (4) (a), determine
215	215	whether the applicant has met the requirements under s. 448.963 (2) (b) 1. or 2.
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242	242	SECTION 10 SENATE BILL 141
243	243	2. If the applicant is applying for a license to assist in the practice of
244	244	occupational therapy under the supervision of an occupational therapist under s.
245	245	448.963 (4) (b), determine whether the applicant has met the requirements under s.
246	246	448.963 (3) (b) 1. or 2.
247	247	(c) 1. The 3rd-party entity shall inform the affiliated credentialing board of all
248	248	applications received under par. (a), whether the applicant has paid the required fee,
249	249	whether the applicant has been convicted of an offense described under par. (a) 3.,
250	250	and the determination made by the 3rd-party entity under par. (a) 4. within 10 days
251	251	from the day that the decision is made. The 3rd-party entity shall also inform the
252	252	applicant of the determination made by the 3rd-party entity under par. (a) 4. within
253	253	10 days from the day that the decision is made.
254	254	2. The 3rd-party entity shall inform the affiliated credentialing board of all
255	255	applications received under par. (b) 1. or 2. and the determination made by the
256	256	3rd-party entity under par. (b) 1. or 2. within 10 days from the day that the decision
257	257	is made. The 3rd-party entity shall also inform the applicant of the determination
258	258	made by the 3rd-party entity under par. (b) 1. or 2. within 10 days from the day that
259	259	the decision is made.
260	260	(3) (a) If the department contracts with a 3rd-party entity under sub. (1), the
261	261	3rd-party entity shall establish and may periodically update the fee for applications
262	262	for licensure under this subchapter. At least 60 days before any fee change goes into
263	263	effect, the 3rd-party entity shall submit a request to establish the fee to the joint
264	264	committee on finance.
265	265	(b) Any request under par. (a) shall include a current operating budget for the
266	266	3rd-party entity and an estimation of the change in total fees to be received by the
267	267	3rd-party entity if the fee change were to go into effect.
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295	295	SECTION 10
296	296	SENATE BILL 141
297	297	(c) If the cochairpersons of the joint committee on finance do not notify the
298	298	3rd-party entity within 14 working days after the date the request is submitted
299	299	under par. (a) that the committee has scheduled a meeting for the purpose of
300	300	reviewing the fee, the 3rd-party entity may adopt the fee. If, within 14 working days
301	301	after the date the request is submitted under par. (a), the cochairpersons of the joint
302	302	committee on finance notify the 3rd-party entity that the committee has scheduled
303	303	a meeting for the purpose of reviewing the fee, the 3rd-party entity shall adopt the
304	304	fee determined by the committee.
305	305	(d) If the joint committee on finance determines at any time that the 3rd-party
306	306	entity has a budget surplus that is greater than 10 percent of the amount of fees that
307	307	the 3rd-party entity receives in a year, the joint committee on finance may order the
308	308	3rd-party entity to lower the fee under par. (a) to a fee determined by the joint
309	309	committee.
310	310	(e) Whenever there is a change in the fee charged by the 3rd-party entity under
311	311	this subsection, the joint committee on finance shall submit the updated fee to the
312	312	legislative reference bureau for publication in the Wisconsin administrative register.
313	313	(4) If the department contracts with a 3rd-party entity under sub. (1), the
314	314	3rd-party entity shall, no later than April 15 of each year, submit a financial report
315	315	to the joint committee on finance and to the chief clerk of each house of the legislature
316	316	for distribution under s. 13.172 (2). The report shall contain all of the following for
317	317	the previous calendar year:
318	318	(a) The number of applications received by the 3rd-party entity.
319	319	(b) The amount of fees collected by the 3rd-party entity.
320	320	(c) The number of applications for which the 3rd-party entity determined the
321	321	applicant was eligible for licensure.
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348	348	SECTION 10 SENATE BILL 141
349	349	(d) The median number of days from the day that an application is received by
350	350	the 3rd-party entity to the day that a final determination on the application is made.
351	351	The 3rd-party entity shall separately calculate the median number of days for
352	352	applications for licensure as an occupational therapist, for applications for licensure
353	353	as an occupational therapy assistant, and for applications for licensure under s.
354	354	448.963 (4).
355	355	(e) The amount of expenses incurred by the 3rd-party entity. The 3rd-party
356	356	entity shall separately report all expenses incurred relating to staff, including
357	357	payroll and employee benefits.
358	358	(f) A statement of the 3rd-party entity's assets, liabilities, and equity as of the
359	359	end of the preceding calendar year.
360	360	(5) If the department contracts with a 3rd-party entity under sub. (1), the
361	361	department or the legislature or any person delegated by the legislature may inspect
362	362	and examine or cause an inspection and examination of all records relating to the
363	363	operations of the 3rd-party entity.
364	364	(6) The department, in consultation with the affiliated credentialing board,
365	365	may promulgate any rules necessary to implement this section.
366	366	(END)
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