Date of enactment: December 6, 2023
2023 Senate Bill 400 Date of publication*: December 7, 2023
2023 WISCONSIN ACT 81
AN ACT to renumber 252.14 (1) (ar) 14., 448.978 (1) and 448.978 (2) (d) 1. and 2.; to renumber and amend 440.03
(13) (c), 448.015 (4) (am) 2m., 448.974 (2) and 448.978 (2) (d) (intro.); to amend 49.45 (9r) (a) 7. e., 97.67 (5m)
(a) 3., 118.2925 (1) (f), 146.81 (1) (eu), 146.997 (1) (d) 4., 154.01 (3) (b), 155.01 (1g) (c), 155.01 (7), 440.03 (9) (a)
(intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.094 (1) (c) 4., 440.15, 448.971 (2), 448.972 (1), 448.973 (2),
448.974 (title), 448.978 (2) (intro.), 448.978 (2) (a), 448.978 (2) (g), 450.10 (3) (a) 5., 462.02 (2) (e), 462.04, 895.48
(1m) (a) (intro.), 971.14 (4) (a) and 990.01 (27s); to repeal and recreate 16.417 (1) (e) 3m. and 252.15 (1) (am); and
to create 14.835, 111.335 (4) (jm), 440.03 (11m) (c) 2c., 440.03 (13) (c) 1. i., 440.094 (1) (c) 9m., 448.971 (1L),
448.971 (1m), 448.974 (1m), 448.974 (2) (bm) and subchapter XIII of chapter 448 [precedes 448.988] of the statutes;
relating to: ratification of the PA Licensure Compact.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 14.835 of the statutes is created to read:
14.835 PA licensure compact. There is created a PA
licensure compact commission as specified in s. 448.988.
The delegate on the commission representing this state
shall be appointed by the physician assistant affiliated
credentialing board as provided in s. 448.988 (7) (b) 1.
and shall be an individual described in s. 448.988 (7) (b)
2. a. or b. The commission has the powers and duties
granted and imposed under s. 448.988.
SECTION 2. 16.417 (1) (e) 3m. of the statutes is
repealed and recreated to read:
16.417 (1) (e) 3m. A physician assistant who is
licensed under subch. IX of ch. 448 or who holds a com-
pact privilege under subch. XIII of ch. 448.
SECTION 3. 49.45 (9r) (a) 7. e. of the statutes is
amended to read:
49.45 (9r) (a) 7. e. A physician assistant who is
licensed under subch. IX of ch. 448 or who holds a com-
pact privilege under subch. XIII of ch. 448.
SECTION 4. 97.67 (5m) (a) 3. of the statutes is
amended to read:
97.67 (5m) (a) 3. A physician assistant who is
licensed under subch. IX of ch. 448 or who holds a com-
pact privilege under subch. XIII of ch. 448.
SECTION 5. 111.335 (4) (jm) of the statutes is created
to read:
111.335 (4) (jm) Notwithstanding s. 111.322, it is not
employment discrimination because of conviction
record for the physician assistant affiliated credentialing
board to refuse to grant to an individual a compact privi-
lege, as defined in s. 448.988 (2) (b), in accordance with
s. 448.988 (4) (a) 3.
SECTION 6. 118.2925 (1) (f) of the statutes is
amended to read:
* 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 81 2023 Senate Bill 400
118.2925 (1) (f) “Physician assistant” means a per-
son who is licensed under s. 448.974 subch. IX of ch. 448
or who holds a compact privilege under subch. XIII of ch.
448.
SECTION 7. 146.81 (1) (eu) of the statutes is amended
to read:
146.81 (1) (eu) A physician assistant who is licensed
under subch. IX of ch. 448 or who holds a compact privi-
lege under subch. XIII of ch. 448.
SECTION 8. 146.997 (1) (d) 4. of the statutes, as
affected by 2021 Wisconsin Act 251, is amended to read:
146.997 (1) (d) 4. A physician, physician assistant,
podiatrist, perfusionist, physical therapist, physical ther-
apist assistant, occupational therapist, occupational ther-
apy assistant, or genetic counselor licensed under ch.
448; a physical therapist or physical therapist assistant
who holds a compact privilege under subch. XI of ch.
448; or an occupational therapist or occupational therapy
assistant who holds a compact privilege under subch. XII
of ch. 448; or a physician assistant who holds a compact
privilege under subch. XIII of ch. 448.
SECTION 9. 154.01 (3) (b) of the statutes is amended
to read:
154.01 (3) (b) A physician assistant licensed under
ch. 448.
SECTION 10. 155.01 (1g) (c) of the statutes is
amended to read:
155.01 (1g) (c) A physician assistant licensed under
ch. 448 who a physician responsible for overseeing the
physician assistant’s practice affirms is competent to
conduct evaluations of the capacity of patients to manage
health care decisions.
SECTION 11. 155.01 (7) of the statutes, as affected by
2021 Wisconsin Act 251, is amended to read:
155.01 (7) “Health care provider” means a nurse
licensed or permitted under ch. 441, a chiropractor
licensed under ch. 446, a dentist licensed under ch. 447,
a physician, physician assistant, perfusionist, podiatrist,
physical therapist, physical therapist assistant, occupa-
tional therapist, occupational therapy assistant, or
genetic counselor licensed under ch. 448, a naturopathic
doctor licensed under ch. 466, a person practicing Chris-
tian Science treatment, an optometrist licensed under ch.
449, a psychologist who is licensed under ch. 455, who
is exercising the temporary authorization to practice, as
defined in s. 455.50 (2) (o), in this state, or who is practic-
ing under the authority to practice interjurisdictional
telepsychology, as defined in s. 455.50 (2) (b), a physical
therapist or physical therapist assistant who holds a com-
pact privilege under subch. XI of ch. 448, an occupational
therapist or occupational therapy assistant who holds a
compact privilege under subch. XII of ch. 448, a physi-
cian assistant who holds a compact privilege under
subch. XIII of ch. 448, a partnership thereof, a corpora-
tion or limited liability company thereof that provides
health care services, a cooperative health care association
organized under s. 185.981 that directly provides ser-
vices through salaried employees in its own facility, or a
home health agency, as defined in s. 50.49 (1) (a).
SECTION 12. 252.14 (1) (ar) 14. of the statutes is
renumbered 252.14 (1) (ar) 4rm.
SECTION 13. 252.15 (1) (am) of the statutes is
repealed and recreated to read:
252.15 (1) (am) “Health care professional” means a
physician, physician assistant, or nurse.
SECTION 14. 440.03 (9) (a) (intro.) of the statutes is
amended to read:
440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and
s. 458.33 (2) (b) and (5), the department shall, biennially,
determine each fee for an initial credential for which no
examination is required, for a reciprocal credential, and
for a credential renewal and any fees imposed under ss.
448.986 (2) and , 448.9875 (2), and 448.9885 (2) by doing
all of the following:
SECTION 15. 440.03 (9) (a) 2. of the statutes is
amended to read:
440.03 (9) (a) 2. Not later than January 31 of each
odd−numbered year, adjusting for the succeeding fiscal
biennium each fee for an initial credential for which an
examination is not required, for a reciprocal credential,
and, subject to s. 440.08 (2) (a), for a credential renewal,
and any fees imposed under ss. 448.986 (2) and,
448.9875 (2), and 448.9885 (2), if an adjustment is neces-
sary to reflect the approximate administrative and
enforcement costs of the department that are attributable
to the regulation of the particular occupation or business
during the period in which the initial or reciprocal cre-
dential, credential renewal, or compact privilege is in
effect and, for purposes of each fee for a credential
renewal, to reflect an estimate of any additional moneys
available for the department’s general program opera-
tions as a result of appropriation transfers that have been
or are estimated to be made under s. 20.165 (1) (i) during
the fiscal biennium in progress at the time of the deadline
for an adjustment under this subdivision or during the fis-
cal biennium beginning on the July 1 immediately fol-
lowing the deadline for an adjustment under this subdivi-
sion.
SECTION 16. 440.03 (11m) (c) 2c. of the statutes is
created to read:
440.03 (11m) (c) 2c. The coordinated data and
reporting system under s. 448.988 (8), if such disclosure
is required under the PA licensure compact under s.
448.988.
SECTION 17. 440.03 (13) (b) (intro.) of the statutes is
amended to read:
440.03 (13) (b) (intro.) The department may investi-
gate whether an applicant for or holder of any of the fol-
lowing credentials has been charged with or convicted of
a crime only pursuant to rules promulgated by the depart-
ment under this paragraph, including rules that establish
the criteria that the department will use to determine − 3 − 2023 Wisconsin Act 81 2023 Senate Bill 400
whether an investigation under this paragraph is neces-
sary, except as provided in par. (c) and ss. 441.51 (5) (a)
5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., and 455.50 (3)
(e) 4. and (f) 4.:
SECTION 18. 440.03 (13) (c) of the statutes is renum-
bered 440.03 (13) (c) 1. (intro.) and amended to read:
440.03 (13) (c) 1. (intro.) The department shall
require an all of the following to be photographed and fin-
gerprinted on 2 fingerprint cards, each bearing a com-
plete set of the person’s fingerprints:
a. An applicant for a private detective license or a pri-
vate security permit under s. 440.26, an.
b. An applicant for a juvenile martial arts instructor
permit under sub. (17), an.
c. An applicant for a real estate appraiser certification
under s. 458.06 or license under s. 458.08, an.
d. An applicant for a multistate license under s.
441.06 (1c) or 441.10 (1c), an.
e. An applicant for a compact license under s. 448.05
(2) (f), an.
f. An applicant for a physical therapist license under
s. 448.53 or physical therapist assistant license under s.
448.535, an.
g. An applicant for an occupational therapist or occu-
pational therapy assistant compact privilege under s.
448.987 (4), and an applicant for an occupational thera-
pist or occupational therapy assistant license described in
s. 448.987 (5) (b) 2. a., an
h. An applicant for a psychologist license under s.
455.04, and a.
z. A person for whom the department conducts an
investigation under par. (b), to be photographed and fin-
gerprinted on 2 fingerprint cards, each bearing a com-
plete set of the person’s fingerprints.
2. The department of justice may submit the finger-
print cards, and the department of justice shall submit the
fingerprint cards of all applicants for a real estate
appraiser certification under s. 458.06 or license under s.
458.08, of all applicants for a multistate license under s.
441.06 (1c) or 441.10 (1c), of all applicants for a compact
license under s. 448.05 (2) (f), of all applicants for a phys-
ical therapist license under s. 448.53 or a physical thera-
pist assistant license under s. 448.535, and of all appli-
cants for a psychologist license under s. 455.04 identified
in subd. 1. c. to i., to the federal bureau of investigation
for the purpose of verifying the identity of the persons
fingerprinted and obtaining records of their criminal
arrests and convictions.
3. Information obtained from the federal bureau of
investigation may be shared with the department or the
appropriate credentialing board, but shall otherwise be
kept confidential and is not subject to disclosure under s.
19.35.
SECTION 19. 440.03 (13) (c) 1. i. of the statutes is cre-
ated to read:
440.03 (13) (c) 1. i. An applicant for a physician
assistant license or compact privilege under s. 448.974
when required pursuant to the PA licensure compact
under s. 448.988.
SECTION 20. 440.094 (1) (c) 4. of the statutes is
amended to read:
440.094 (1) (c) 4. A physician, physician assistant,
perfusionist, or respiratory care practitioner licensed or
certified under subch. II of ch. 448.
SECTION 21. 440.094 (1) (c) 9m. of the statutes is cre-
ated to read:
440.094 (1) (c) 9m. A physician assistant licensed
under subch. IX of ch. 448.
SECTION 22. 440.15 of the statutes is amended to
read:
440.15 No fingerprinting. Except as provided
under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5)
(b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c)
9., and 455.50 (3) (e) 4. and (f) 4., the department or a cre-
dentialing board may not require that an applicant for a
credential or a credential holder be fingerprinted or sub-
mit fingerprints in connection with the department’s or
the credentialing board’s credentialing.
SECTION 23. 448.015 (4) (am) 2m. of the statutes is
renumbered 448.978 (1g) (a) and amended to read:
448.978 (1g) (a) A “Unprofessional conduct”
includes a determination made by a physician assistant
under ch. 154 or 155 if the physician assistant does not
have sufficient education, training, and experience to
make the determination.
SECTION 24. 448.971 (1L) of the statutes is created
to read:
448.971 (1L) “Compact” means the PA licensure
compact under s. 448.988.
SECTION 25. 448.971 (1m) of the statutes is created
to read:
448.971 (1m) “Compact privilege” means a compact
privilege, as defined in s. 448.988 (2) (b), that is granted
under the compact to an individual to practice in this
state.
SECTION 26. 448.971 (2) of the statutes is amended
to read:
448.971 (2) “Physician assistant” means a person
who is licensed under this subchapter or who holds a
compact privilege.
SECTION 27. 448.972 (1) of the statutes is amended
to read:
448.972 (1) Except as provided in subs. (2) and (3),
no person may represent himself or herself as a “PA” or
“physician assistant,” use or assume the title “PA” or
“physician assistant,” or append to the person’s name the
words or letters “physician assistant,” “PA,” “PA−C,” or
any other titles, letters, or designation that represents or
may tend to represent the person as a physician assistant, − 4 −2023 Wisconsin Act 81 2023 Senate Bill 400
unless he or she is licensed by the board under this sub-
chapter or holds a compact privilege.
SECTION 29. 448.973 (2) of the statutes is amended
to read:
448.973 (2) The board shall include in the register the
board maintains under s. 440.035 (1m) (d) the names
name of all persons each person whose licenses license
or compact privilege issued under this subchapter were
was suspended or revoked within the past 2 years. The
register shall be available for purchase at cost.
SECTION 30. 448.974 (title) of the statutes is
amended to read:
448.974 (title) License; compact privilege;
renewal.
SECTION 31. 448.974 (1m) of the statutes is created
to read:
448.974 (1m) The board shall grant a compact privi-
lege to any applicant who satisfies all of the following:
(a) The applicant holds a qualifying license, as
defined in s. 448.988 (2) (r), in another state that is a party
to the compact and satisfies all other requirements under
s. 448.988 (4).
(b) The individual applies for the compact privilege
in the manner prescribed by the department.
(c) The individual pays any fee established by the
department under s. 448.9885 (2).
SECTION 32. 448.974 (2) of the statutes is renum-
bered 448.974 (2) (am) and amended to read:
448.974 (2) (am) 1. The renewal date for a license
issued under this subchapter is specified under s. 440.08
(2) (a), and the renewal fees for such licenses are deter-
mined by the department under s. 440.03 (9) (a).
Renewal of a license is subject to par. (b) subd. 2.
2. An applicant for the renewal of a license under this
subchapter shall submit with his or her application for
renewal proof of having satisfied the continuing educa-
tion requirements imposed by the board under s. 448.973
(1) (b). This paragraph subdivision does not apply to an
applicant for renewal of a license that expires on the first
renewal date after the date on which the board initially
granted the license.
SECTION 33. 448.974 (2) (bm) of the statutes is cre-
ated to read:
448.974 (2) (bm) Renewal of a compact privilege
shall be governed by s. 448.988 (4) (b), except that the
board may impose requirements for prescribing con-
trolled substances in accordance with s. 448.988 (4) (d).
SECTION 34. 448.978 (1) of the statutes is renum-
bered 448.978 (1r).
SECTION 35. 448.978 (2) (intro.) of the statutes is
amended to read:
448.978 (2) (intro.) Subject to the rules promulgated
under s. 440.03 (1), if a person who applies for or holds
a license or compact privilege issued under s. 448.974
does any of the following, the board may reprimand the
person or deny, limit, suspend, or revoke the person’s
license or compact privilege:
SECTION 36. 448.978 (2) (a) of the statutes is
amended to read:
448.978 (2) (a) Makes a material misstatement in an
application for a license or compact privilege or an appli-
cation for renewal of a license or compact privilege under
s. 448.974.
SECTION 37. 448.978 (2) (d) (intro.) of the statutes is
renumbered 448.978 (2) (d) and amended to read:
448.978 (2) (d) Engages in unprofessional conduct.
(1g) In this paragraph, “unprofessional section:
(b) “Unprofessional conduct” does not include any
of the following:
SECTION 38. 448.978 (2) (d) 1. and 2. of the statutes
are renumbered 448.978 (1g) (b) 1. and 2.
SECTION 39. 448.978 (2) (g) of the statutes is
amended to read:
448.978 (2) (g) Engages in fraud or deceit in obtain-
ing or using his or her license or compact privilege.
SECTION 40. Subchapter XIII of chapter 448 [pre-
cedes 448.988] of the statutes is created to read:
CHAPTER 448
SUBCHAPTER XIII
PA LICENSURE COMPACT
448.988 PA licensure compact. (1) PURPOSE. In
order to strengthen access to medical services, and in
recognition of the advances in the delivery of medical
services, the participating states of the PA licensure com-
pact have allied in common purpose to develop a compre-
hensive process that complements the existing authority
of state licensing boards to license and discipline PAs and
seeks to enhance the portability of a license to practice as
a PA while safeguarding the safety of patients. This com-
pact allows medical services to be provided by PAs, via
the mutual recognition of the licensee’s qualifying
license by other compact participating states. This com-
pact also adopts the prevailing standard for PA licensure
and affirms that the practice and delivery of medical ser-
vices by the PA occurs where the patient is located at the
time of the patient encounter, and therefore requires the
PA to be under the jurisdiction of the state licensing board
where the patient is located. State licensing boards that
participate in this compact retain the jurisdiction to
impose adverse action against a compact privilege in that
state issued to a PA through the procedures of this com-
pact. The PA licensure compact will alleviate burdens for
military families by allowing active duty military person-
nel and their spouses to obtain a compact privilege based
on having an unrestricted license in good standing from
a participating state.
(2) DEFINITIONS. In this compact:
(a) “Adverse action” means any administrative, civil,
equitable, or criminal action permitted by a state’s laws
which is imposed by a licensing board or other authority − 5 − 2023 Wisconsin Act 81 2023 Senate Bill 400
against a PA license or license application or compact
privilege such as license denial, censure, revocation, sus-
pension, probation, monitoring of the licensee, or restric-
tion on the licensee’s practice.
(b) “Compact privilege” means the authorization
granted by a remote state to allow a licensee from another
participating state to practice as a PA to provide medical
services and other licensed activity to a patient located in
the remote state under the remote state’s laws and regula-
tions.
(c) “Conviction” means a finding by a court that an
individual is guilty of a felony or misdemeanor offense
through adjudication or entry of a plea of guilt or no con-
test to the charge by the offender
(d) “Criminal background check” means the submis-
sion of fingerprints or other biometric−based information
for a license applicant for the purpose of obtaining that
applicant’s criminal history record information, as
defined in 28 CFR 20.3 (d), from the state’s criminal his-
tory record repository, as defined in 28 CFR 20.3 (f).
(e) “Data system” means the repository of informa-
tion about licensees, including but not limited to license
status and adverse actions, which is created and adminis-
tered under the terms of this compact.
(f) “Executive committee” means a group of direc-
tors and ex officio individuals elected or appointed pur-
suant to sub. (7) (f) 2.
(g) “Impaired practitioner” means a PA whose prac-
tice is adversely affected by health−related condition(s)
that impact their ability to practice.
(h) “Investigative information” means information,
records, or documents received or generated by a licens-
ing board pursuant to an investigation.
(i) “Jurisprudence requirement” means the assess-
ment of an individual’s knowledge of the laws and rules
governing the practice of a PA in a state.
(j) “License” means current authorization by a state,
other than authorization pursuant to a compact privilege,
for a PA to provide medical services, which would be
unlawful without current authorization.
(k) “Licensee” means an individual who holds a
license from a state to provide medical services as a PA.
(L) “Licensing board” means any state entity autho-
rized to license and otherwise regulate PAs.
(m) “Medical services” means health care services
provided for the diagnosis, prevention, treatment, cure or
relief of a health condition, injury, or disease, as defined
by a state’s laws and regulations.
(n) “Model compact” means the model for the PA
licensure compact on file with the Council of State Gov-
ernments or other entity as designated by the commis-
sion.
(o) “Participating state” means a state that has
enacted this compact.
(p) “PA” means an individual who is licensed as a
physician assistant in a state. For purposes of this com-
pact, any other title or status adopted by a state to replace
the term “physician assistant” shall be deemed synony-
mous with “physician assistant” and shall confer the
same rights and responsibilities to the licensee under the
provisions of this compact at the time of its enactment.
(q) “PA licensure compact commission,” “compact
commission,” or “commission” mean the national
administrative body created pursuant to sub. (7) (a).
(r) “Qualifying license” means an unrestricted
license issued by a participating state to provide medical
services as a PA.
(s) “Remote state” means a participating state where
a licensee who is not licensed as a PA is exercising or
seeking to exercise the compact privilege.
(t) “Rule” means a regulation promulgated by an
entity that has the force and effect of law.
(u) “Significant investigative information” means
investigative information that a licensing board, after an
inquiry or investigation that includes notification and an
opportunity for the PA to respond if required by state law,
has reason to believe is not groundless and, if proven true,
would indicate more than a minor infraction.
(v) “State” means any state, commonwealth, district,
or territory of the United States.
(3) STATE PARTICIPATION IN THIS COMPACT. (a) To par-
ticipate in this compact, a participating state shall:
1. License PAs.
2. Participate in the compact commission’s data sys-
tem.
3. Have a mechanism in place for receiving and
investigating complaints against licensees and license
applicants.
4. Notify the commission, in compliance with the
terms of this compact and commission rules, of any
adverse action against a licensee or license applicant and
the existence of significant investigative information
regarding a licensee or license applicant.
5. Fully implement a criminal background check
requirement, within a time frame established by commis-
sion rule, by its licensing board receiving the results of a
criminal background check and reporting to the commis-
sion whether the license applicant has been granted a
license.
6. Comply with the rules of the compact commission.
7. Utilize passage of a recognized national exam such
as the NCCPA PANCE as a requirement for PA licensure.
8. Grant the compact privilege to a holder of a quali-
fying license in a participating state.
(b) Nothing in this compact prohibits a participating
state from charging a fee for granting the compact privi-
lege.
(4) COMPACT PRIVILEGE. (a) To exercise the compact
privilege, a licensee must:
1. Have graduated from a PA program accredited by
the Accreditation Review Commission on Education for − 6 −2023 Wisconsin Act 81 2023 Senate Bill 400
the Physician Assistant, Inc. or other programs autho-
rized by commission rule.
2. Hold current NCCPA certification.
3. Have no felony or misdemeanor conviction.
4. Have never had a controlled substance license, per-
mit, or registration suspended or revoked by a state or by
the United States drug enforcement administration.
5. Have a unique identifier as determined by commis-
sion rule.
6. Hold a qualifying license.
7. Have had no revocation of a license or limitation
or restriction on any license currently held due to an
adverse action.
8. If a licensee has had a limitation or restriction on
a license or compact privilege due to an adverse action,
two years must have elapsed from the date on which the
license or compact privilege is no longer limited or
restricted due to the adverse action.
9. If a compact privilege has been revoked or is lim-
ited or restricted in a participating state for conduct that
would not be a basis for disciplinary action in a participat-
ing state in which the licensee is practicing or applying
to practice under a compact privilege, that participating
state shall have the discretion not to consider such action
as an adverse action requiring the denial or removal of a
compact privilege in that state.
10. Notify the compact commission that the licensee
is seeking the compact privilege in a remote state.
11. Meet any jurisprudence requirement of a remote
state in which the licensee is seeking to practice under the
compact privilege and pay any fees applicable to satisfy-
ing the jurisprudence requirement.
12. Report to the commission any adverse action
taken by a nonparticipating state within thirty (30) days
after the action is taken.
(b) The compact privilege is valid until the expiration
or revocation of the qualifying license unless terminated
pursuant to an adverse action. The licensee must also
comply with all of the requirements of par. (a) above to
maintain the compact privilege in a remote state. If the
participating state takes adverse action against a qualify-
ing license, the licensee shall lose the compact privilege
in any remote state in which the licensee has a compact
privilege until all of the following occur:
1. The license is no longer limited or restricted; and
2. Two (2) years have elapsed from the date on which
the license is no longer limited or restricted due to the
adverse action.
(c) Once a restricted or limited license satisfies the
requirements of par. (b) 1. and 2., the licensee must meet
the requirements of par. (a) to obtain a compact privilege
in any remote state.
(d) For each remote state in which a PA seeks author-
ity to prescribe controlled substances, the PA shall satisfy
all requirements imposed by such state in granting or
renewing such authority.
(5) DESIGNATION OF THE STATE FROM WHICH LICENSEE
IS APPLYING FOR A COMPACT PRIVILEGE. Upon a licensee’s
application for a compact privilege, the licensee shall
identify to the commission the participating state from
which the licensee is applying, in accordance with appli-
cable rules adopted by the commission, and subject to the
following requirements:
(a) When applying for a compact privilege, the
licensee shall provide the commission with the address of
the licensee’s primary residence and thereafter shall
immediately report to the commission any change in the
address of the licensee’s primary residence.
(b) When applying for a compact privilege, the
licensee is required to consent to accept service of
process by mail at the licensee’s primary residence on file
with the commission with respect to any action brought
against the licensee by the commission or a participating
state, including a subpoena, with respect to any action
brought or investigation conducted by the commission or
a participating state.
(6) ADVERSE ACTIONS. (a) A participating state in
which a licensee is licensed shall have exclusive power
to impose adverse action against the qualifying license
issued by that participating state.
(b) In addition to the other powers conferred by state
law, a remote state shall have the authority, in accordance
with existing state due process law, to do all of the follow-
ing:
1. Take adverse action against a PA’s compact privi-
lege within that state to remove a licensee’s compact
privilege or take other action necessary under applicable
law to protect the health and safety of its citizens.
2. Issue subpoenas for both hearings and investiga-
tions that require the attendance and testimony of wit-
nesses as well as the production of evidence. Subpoenas
issued by a licensing board in a participating state for the
attendance and testimony of witnesses or the production
of evidence from another participating state shall be
enforced in the latter state by any court of competent
jurisdiction, according to the practice and procedure of
that court applicable to subpoenas issued in proceedings
pending before it. The issuing authority shall pay any
witness fees, travel expenses, mileage and other fees
required by the service statutes of the state in which the
witnesses or evidence are located.
3. Notwithstanding subd. 2., subpoenas may not be
issued by a participating state to gather evidence of con-
duct in another state that is lawful in that other state for
the purpose of taking adverse action against a licensee’s
compact privilege or application for a compact privilege
in that participating state.
4. Nothing in this compact authorizes a participating
state to impose discipline against a PA’s compact privi-
lege or to deny an application for a compact privilege in
that participating state for the individual’s otherwise
lawful practice in another state. − 7 − 2023 Wisconsin Act 81 2023 Senate Bill 400
(c) For purposes of taking adverse action, the partici-
pating state which issued the qualifying license shall give
the same priority and effect to reported conduct received
from any other participating state as it would if the con-
duct had occurred within the participating state which
issued the qualifying license. In so doing, that participat-
ing state shall apply its own state laws to determine
appropriate action.
(d) A participating state, if otherwise permitted by
state law, may recover from the affected PA the costs of
investigations and disposition of cases resulting from any
adverse action taken against that PA.
(e) A participating state may take adverse action
based on the factual findings of a remote state, provided
that the participating state follows its own procedures for
taking the adverse action.
(f) Joint investigations. 1. In addition to the author-
ity granted to a participating state by its respective state
PA laws and regulations or other applicable state law, any
participating state may participate with other participat-
ing states in joint investigations of licensees.
2. Participating states shall share any investigative,
litigation, or compliance materials in furtherance of any
joint or individual investigation initiated under this com-
pact.
(g) If an adverse action is taken against a PA’s quali-
fying license, the PA’s compact privilege in all remote
states shall be deactivated until two (2) years have
elapsed after all restrictions have been removed from the
state license. All disciplinary orders by the participating
state which issued the qualifying license that impose
adverse action against a PA’s license shall include a state-
ment that the PA’s compact privilege is deactivated in all
participating states during the pendency of the order.
(h) If any participating state takes adverse action, it
promptly shall notify the administrator of the data sys-
tem.
(7) ESTABLISHMENT OF THE PA LICENSURE COMPACT
COMMISSION. (a) The participating states hereby create
and establish a joint government agency and national
administrative body known as the PA licensure compact
commission. The commission is an instrumentality of
the compact states acting jointly and not an instrumental-
ity of any one state. The commission shall come into
existence on or after the effective date of the compact as
set forth in sub. (11) (a).
(b) Membership, voting, and meetings. 1. Each par-
ticipating state shall have and be limited to one (1) dele-
gate selected by that participating state’s licensing board
or, if the state has more than one licensing board, selected
collectively by the participating state’s licensing boards.
2. The delegate shall be either:
a. A current PA, physician or public member of a
licensing board or PA council/committee; or
b. An administrator of a licensing board.
3. Any delegate may be removed or suspended from
office as provided by the laws of the state from which the
delegate is appointed.
4. The participating state licensing board shall fill
any vacancy occurring in the commission within sixty
(60) days.
5. Each delegate shall be entitled to one (1) vote on
all matters voted on by the commission and shall other-
wise have an opportunity to participate in the business
and affairs of the commission. A delegate shall vote in
person or by such other means as provided in the bylaws.
The bylaws may provide for delegates’ participation in
meetings by telecommunications, video conference, or
other means of communication.
6. The commission shall meet at least once during
each calendar year. Additional meetings shall be held as
set forth in this compact and the bylaws.
7. The commission shall establish by rule a term of
office for delegates.
(c) The commission shall have the following powers
and duties:
1. Establish a code of ethics for the commission;
2. Establish the fiscal year of the commission;
3. Establish fees;
4. Establish bylaws;
5. Maintain its financial records in accordance with
the bylaws;
6. Meet and take such actions as are consistent with
the provisions of this compact and the bylaws;
7. Promulgate rules to facilitate and coordinate
implementation and administration of this compact. The
rules shall have the force and effect of law and shall be
binding in all participating states;
8. Bring and prosecute legal proceedings or actions
in the name of the commission, provided that the standing
of any state licensing board to sue or be sued under appli-
cable law shall not be affected;
9. Purchase and maintain insurance and bonds;
10. Borrow, accept, or contract for services of per-
sonnel, including, but not limited to, employees of a par-
ticipating state;
11. Hire employees and engage contractors, elect or
appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the
purposes of this compact, and establish the commission’s
personnel policies and programs relating to conflicts of
interest, qualifications of personnel, and other related
personnel matters;
12. Accept any and all appropriate donations and
grants of money, equipment, supplies, materials and ser-
vices, and receive, utilize and dispose of the same; pro-
vided that at all times the commission shall avoid any
appearance of impropriety or conflict of interest;
13. Lease, purchase, accept appropriate gifts or dona-
tions of, or otherwise own, hold, improve or use, any − 8 −2023 Wisconsin Act 81 2023 Senate Bill 400
property, real, personal or mixed; provided that at all
times the commission shall avoid any appearance of
impropriety;
14. Sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property real, per-
sonal, or mixed;
15. Establish a budget and make expenditures;
16. Borrow money;
17. Appoint committees, including standing commit-
tees composed of members, state regulators, state legisla-
tors or their representatives, and consumer representa-
tives, and such other interested persons as may be
designated in this compact and the bylaws;
18. Provide and receive information from, and coop-
erate with, law enforcement agencies;
19. Elect a chair, vice chair, secretary and treasurer
and such other officers of the commission as provided in
the commission’s bylaws.
20. Reserve for itself, in addition to those reserved
exclusively to the commission under the compact, pow-
ers that the executive committee may not exercise;
21. Approve or disapprove a state’s participation in
the compact based upon its determination as to whether
the state’s compact legislation departs in a material man-
ner from the model compact language;
22. Prepare and provide to the participating states an
annual report; and
23. Perform such other functions as may be necessary
or appropriate to achieve the purposes of this compact
consistent with the state regulation of PA licensure and
practice.
(d) Meetings of the commission. 1. All meetings of
the commission that are not closed pursuant to this para-
graph shall be open to the public. Notice of public meet-
ings shall be posted on the commission’s website at least
thirty (30) days prior to the public meeting.
2. Notwithstanding subd. 1., the commission may
convene a public meeting by providing at least twenty−
four (24) hours prior notice on the commission’s website,
and any other means as provided in the commission’s
rules, for any of the reasons it may dispense with notice
of proposed rulemaking under sub. (9) (L).
3. The commission may convene in a closed, non-
public meeting or nonpublic part of a public meeting to
receive legal advice or to discuss:
a. Noncompliance of a participating state with its
obligations under this compact;
b. The employment, compensation, discipline or
other matters, practices or procedures related to specific
employees or other matters related to the commission’s
internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated liti-
gation;
d. Negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censur-
ing any person;
f. Disclosure of trade secrets or commercial or finan-
cial information that is privileged or confidential;
g. Disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
h. Disclosure of investigative records compiled for
law enforcement purposes;
i. Disclosure of information related to any investiga-
tive reports prepared by or on behalf of or for use of the
commission or other committee charged with responsi-
bility of investigation or determination of compliance
issues pursuant to this compact;
j. Legal advice; or
k. Matters specifically exempted from disclosure by
federal or participating states’ statutes.
4. If a meeting, or portion of a meeting, is closed pur-
suant to this provision, the chair of the meeting or the
chair’s designee shall certify that the meeting or portion
of the meeting may be closed and shall reference each rel-
evant exempting provision.
5. The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and
shall provide a full and accurate summary of actions
taken, including a description of the views expressed. All
documents considered in connection with an action shall
be identified in such minutes. All minutes and docu-
ments of a closed meeting shall remain under seal, sub-
ject to release by a majority vote of the commission or
order of a court of competent jurisdiction.
(e) Financing of the commission. 1. The commission
shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing
activities.
2. The commission may accept any and all appropri-
ate revenue sources, donations, and grants of money,
equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual
assessment from each participating state and may impose
compact privilege fees on licensees of participating states
to whom a compact privilege is granted to cover the cost
of the operations and activities of the commission and its
staff, which must be in a total amount sufficient to cover
its annual budget as approved by the commission each
year for which revenue is not provided by other sources.
The aggregate annual assessment amount levied on par-
ticipating states shall be allocated based upon a formula
to be determined by commission rule.
a. A compact privilege expires when the licensee’s
qualifying license in the participating state from which
the licensee applied for the compact privilege expires.
b. If the licensee terminates the qualifying license
through which the licensee applied for the compact privi-
lege before its scheduled expiration, and the licensee has − 9 − 2023 Wisconsin Act 81 2023 Senate Bill 400
a qualifying license in another participating state, the
licensee shall inform the commission that it is changing
to that participating state the participating state through
which it applies for a compact privilege and pay to the
commission any compact privilege fee required by com-
mission rule.
4. The commission shall not incur obligations of any
kind prior to securing the funds adequate to meet the
same; nor shall the commission pledge the credit of any
of the participating states, except by and with the author-
ity of the participating state.
5. The commission shall keep accurate accounts of
all receipts and disbursements. The receipts and dis-
bursements of the commission shall be subject to the
financial review and accounting procedures established
under its bylaws. All receipts and disbursements of funds
handled by the commission shall be subject to an annual
financial review by a certified or licensed public account-
ant, and the report of the financial review shall be
included in and become part of the annual report of the
commission.
(f) The executive committee. 1. The executive com-
mittee shall have the power to act on behalf of the com-
mission according to the terms of this compact and com-
mission rules.
2. The executive committee shall be composed of
nine (9) members:
a. Seven voting members who are elected by the
commission from the current membership of the com-
mission;
b. One ex officio, nonvoting member from a recog-
nized national PA professional association; and
c. One ex officio, nonvoting member from a recog-
nized national PA certification organization.
3. The ex officio members will be selected by their
respective organizations.
4. The commission may remove any member of the
executive committee as provided in its bylaws.
5. The executive committee shall meet at least annu-
ally.
6. The executive committee shall have the following
duties and responsibilities:
a. Recommend to the commission changes to the
commission’s rules or bylaws, changes to this compact
legislation, fees to be paid by compact participating states
such as annual dues, and any commission compact fee
charged to licensees for the compact privilege;
b. Ensure compact administration services are appro-
priately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the com-
mission;
e. Monitor compact compliance of participating
states and provide compliance reports to the commission;
f. Establish additional committees as necessary;
g. Exercise the powers and duties of the commission
during the interim between commission meetings, except
for issuing proposed rule making or adopting commis-
sion rules or bylaws, or exercising any other powers and
duties exclusively reserved to the commission by the
commission’s rules; and
h. Perform other duties as provided in the commis-
sion’s rules or bylaws.
7. All meeting of the executive committee at which
it votes or plans to vote on matters in exercising the pow-
ers and duties of the commission shall be open to the pub-
lic and public notice of such meetings shall be given as
public meetings of the commission are given.
8. The executive committee may convene in a closed,
nonpublic meeting for the same reasons that the commis-
sion may convene in a nonpublic meeting as set forth in
par. (d) 3. and shall announce the closed meeting as the
commission is required to under par. (d) 4. and keep min-
utes of the closed meeting as the commission is required
to under par. (d) 5.
(g) Qualified immunity, defense, and indemnifica-
tion. 1. The members, officers, executive director,
employees and representatives of the commission shall
be immune from suit and liability, both personally and in
their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability
caused by or arising out of any actual or alleged act, error,
or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for
believing occurred within the scope of commission
employment, duties or responsibilities; provided that
nothing in this subdivision shall be construed to protect
any such person from suit or liability for any damage,
loss, injury, or liability caused by the intentional or will-
ful or wanton misconduct of that person. The procure-
ment of insurance of any type by the commission shall
not in any way compromise or limit the immunity granted
hereunder.
2. The commission shall defend any member, officer,
executive director, employee, and representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employ-
ment, duties, or responsibilities, or as determined by the
commission that the person against whom the claim is
made had a reasonable basis for believing occurred
within the scope of commission employment, duties, or
responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining their own
counsel at their own expense; and provided further, that
the actual or alleged act, error, or omission did not result
from that person’s intentional or willful or wanton mis-
conduct.
3. The commission shall indemnify and hold harm-
less any member, officer, executive director, employee, − 10 −2023 Wisconsin Act 81 2023 Senate Bill 400
and representative of the commission for the amount of
any settlement or judgment obtained against that person
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employ-
ment, duties, or responsibilities, or that such person had
a reasonable basis for believing occurred within the
scope of commission employment, duties, or responsibil-
ities, provided that the actual or alleged act, error, or
omission did not result from the intentional or willful or
wanton misconduct of that person.
4. Venue is proper and judicial proceedings by or
against the commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The com-
mission may waive venue and jurisdictional defenses in
any proceedings as authorized by commission rules.
5. Nothing herein shall be construed as a limitation
on the liability of any licensee for professional malprac-
tice or misconduct, which shall be governed solely by any
other applicable state laws.
6. Nothing herein shall be construed to designate the
venue or jurisdiction to bring actions for alleged acts of
malpractice, professional misconduct, negligence, or
other such civil action pertaining to the practice of a PA.
All such matters shall be determined exclusively by state
law other than this compact.
7. Nothing in this compact shall be interpreted to
waive or otherwise abrogate a participating state’s state
action immunity or state action affirmative defense with
respect to antitrust claims under the Sherman Act, Clay-
ton Act, or any other state or federal antitrust or anticom-
petitive law or regulation.
8. Nothing in this compact shall be construed to be
a waiver of sovereign immunity by the participating
states or by the commission.
(8) DATA SYSTEM. (a) The commission shall provide
for the development, maintenance, operation, and uti-
lization of a coordinated data and reporting system con-
taining licensure, adverse action, and the reporting of the
existence of significant investigative information on all
licensed PAs and applicants denied a license in participat-
ing states.
(b) Notwithstanding any other state law to the con-
trary, a participating state shall submit a uniform data set
to the data system on all PAs to whom this compact is
applicable (utilizing a unique identifier) as required by
the rules of the commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privi-
lege;
4. Any denial of application for licensure, and the
reason(s) for such denial (excluding the reporting of any
criminal history record information where prohibited by
law);
5. The existence of significant investigative informa-
tion; and
6. Other information that may facilitate the adminis-
tration of this compact, as determined by the rules of the
commission.
(c) Significant investigative information pertaining
to a licensee in any participating state shall only be avail-
able to other participating states.
(d) The commission shall promptly notify all partici-
pating states of any adverse action taken against a
licensee or an individual applying for a license that has
been reported to it. This adverse action information shall
be available to any other participating state.
(e) Participating states contributing information to
the data system may, in accordance with state or federal
law, designate information that may not be shared with
the public without the express permission of the con-
tributing state. Notwithstanding any such designation,
such information shall be reported to the commission
through the data system.
(f) Any information submitted to the data system that
is subsequently expunged pursuant to federal law or the
laws of the participating state contributing the informa-
tion shall be removed from the data system upon report-
ing of such by the participating state to the commission.
(g) The records and information provided to a partici-
pating state pursuant to this compact or through the data
system, when certified by the commission or an agent
thereof, shall constitute the authenticated business
records of the commission, and shall be entitled to any
associated hearsay exception in any relevant judicial,
quasi−judicial or administrative proceedings in a partici-
pating state.
(9) RULE MAKING. (a) The commission shall exercise
its rule−making powers pursuant to the criteria set forth
in this subsection and the rules adopted thereunder. Com-
mission rules shall become binding as of the date speci-
fied by the commission for each rule.
(b) The commission shall promulgate reasonable
rules in order to effectively and efficiently implement
and administer this compact and achieve its purposes. A
commission rule shall be invalid and have not force or
effect only if a court of competent jurisdiction holds that
the rule is invalid because the commission exercised its
rule−making authority in a manner that is beyond the
scope of the purposes of this compact, or the powers
granted hereunder, or based upon another applicable
standard of review.
(c) The rules of the commission shall have the force
of law in each participating state, provided however that
where the rules of the commission conflict with the laws
of the participating state that establish the medical ser-
vices a PA may perform in the participating state, as held
by a court of competent jurisdiction, the rules of the com- − 11 − 2023 Wisconsin Act 81 2023 Senate Bill 400
mission shall be ineffective in that state to the extent of
the conflict.
(d) If a majority of the legislatures of the participating
states rejects a commission rule, by enactment of a statute
or resolution in the same manner used to adopt this com-
pact within four (4) years of the date of adoption of the
rule, then such rule shall have no further force and effect
in any participating state or to any state applying to par-
ticipate in the compact.
(e) Commission rules shall be adopted at a regular or
special meeting of the commission.
(f) Prior to promulgation and adoption of a final rule
or rules by the commission, and at least thirty (30) days
in advance of the meeting at which the rule will be con-
sidered and voted upon, the commission shall file a notice
of proposed rule making:
1. On the website of the commission or other publicly
accessible platform; and
2. To persons who have requested notice of the com-
mission’s notices of proposed rule making, and
3. In such other way(s) as the commission may by
rule specify.
(g) The notice of proposed rule making shall include:
1. The time, date, and location of the public hearing
on the proposed rule and the proposed time, date and
location of the meeting in which the proposed rule will be
considered and voted upon;
2. The text of the proposed rule and the reason for the
proposed rule;
3. A request for comments on the proposed rule from
any interested person and the date by which written com-
ments must be received; and
4. The manner in which interested persons may sub-
mit notice to the commission of their intention to attend
the public hearing or provide any written comments.
(h) Prior to adoption of a proposed rule, the commis-
sion shall allow persons to submit written data, facts,
opinions, and arguments, which shall be made available
to the public.
(i) If the hearing is to be held via electronic means,
the commission shall publish the mechanism for access
to the electronic hearing.
1. All persons wishing to be heard at the hearing shall
as directed in the notice of proposed rule making, not less
than five (5) business days before the scheduled date of
the hearing, notify the commission of their desire to
appear and testify at the hearing.
2. Hearings shall be conducted in a manner providing
each person who wishes to comment a fair and reasonable
opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the
recording and the written comments, data, facts, opin-
ions, and arguments received in response to the proposed
rule making shall be made available to a person upon
request.
4. Nothing in this subsection shall be construed as
requiring a separate hearing on each proposed rule. Pro-
posed rules may be grouped for the convenience of the
commission at hearings required by this subsection.
(j) Following the public hearing the commission
shall consider all written and oral comments timely
received.
(k) The commission shall, by majority vote of all del-
egates, take final action on the proposed rule and shall
determine the effective date of the rule, if adopted, based
on the rule−making record and the full text of the rule.
1. If adopted, the rule shall be posted on the commis-
sion’s website.
2. The commission may adopt changes to the pro-
posed rule provided the changes do not enlarge the origi-
nal purpose of the proposed rule.
3. The commission shall provide on its website an
explanation of the reasons for substantive changes made
to the proposed rule as well as reasons for substantive
changes not made that were recommended by com-
menters.
4. The commission shall determine a reasonable
effective date for the rule. Except for an emergency as
provided in par. (L), the effective date of the rule shall be
no sooner than thirty (30) days after the commission
issued the notice that it adopted the rule.
(L) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule
with twenty−four (24) hours prior notice, without the
opportunity for comment, or hearing, provided that the
usual rule−making procedures provided in this compact
and in this subsection shall be retroactively applied to the
rule as soon as reasonably possible, in no event later than
ninety (90) days after the effective date of the rule. For
the purposes of this provision, an emergency rule is one
that must be adopted immediately by the commission in
order to:
1. Meet an imminent threat to public health, safety,
or welfare;
2. Prevent a loss of commission or participating state
funds;
3. Meet a deadline for the promulgation of a commis-
sion rule that is established by federal law or rule; or
4. Protect public health and safety.
(m) The commission or an authorized committee of
the commission may direct revisions to a previously
adopted commission rule for purposes of correcting
typographical errors, errors in format, errors in consis-
tency, or grammatical errors. Public notice of any revi-
sions shall be posted on the website of the commission.
The revision shall be subject to challenge by any person
for a period of thirty (30) days after posting. The revision
may be challenged only on grounds that the revision
results in a material change to a rule. A challenge shall
be made as set forth in the notice of revisions and deliv- − 12 −2023 Wisconsin Act 81 2023 Senate Bill 400
ered to the commission prior to the end of the notice
period. If no challenge is made, the revision will take
effect without further action. If the revision is chal-
lenged, the revision may not take effect without the
approval of the commission.
(n) No participating state’s rule−making require-
ments shall apply under this compact.
(10) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCE-
MENT. (a) Oversight. 1. The executive and judicial
branches of state government in each participating state
shall enforce this compact and take all actions necessary
and appropriate to implement the compact.
2. Venue is proper and judicial proceedings by or
against the commission shall be brought solely and
exclusively in a court of competent jurisdiction where the
principal office of the commission is located. The com-
mission may waive venue and jurisdictional defenses to
the extent it adopts or consents to participate in alterna-
tive dispute resolution proceedings. Nothing herein shall
affect or limit the selection or propriety of venue in any
action against a licensee for professional malpractice,
misconduct or any such similar matter.
3. The commission shall be entitled to receive service
of process in any proceeding regarding the enforcement
or interpretation of the compact or the commission’s
rules and shall have standing to intervene in such a pro-
ceeding for all purposes. Failure to provide the commis-
sion with service of process shall render a judgment or
order in such proceeding void as to the commission, this
compact, or commission rules.
(b) Default, technical assistance, and termination.
1. If the commission determines that a participating state
has defaulted in the performance of its obligations or
responsibilities under this compact or the commission
rules, the commission shall provide written notice to the
defaulting state and other participating states. The notice
shall describe the default, the proposed means of curing
the default and any other action that the commission may
take and shall offer remedial training and specific techni-
cal assistance regarding the default.
2. If a state in default fails to cure the default, the
defaulting state may be terminated from this compact
upon an affirmative vote of a majority of the delegates of
the participating states, and all rights, privileges and ben-
efits conferred by this compact upon such state may be
terminated on the effective date of termination. A cure
of the default does not relieve the offending state of obli-
gations or liabilities incurred during the period of default.
3. Termination of participation in this compact shall
be imposed only after all other means of securing compli-
ance have been exhausted. Notice of intent to suspend or
terminate shall be given by the commission to the gover-
nor, the majority and minority leaders of the defaulting
state’s legislature, and to the licensing board(s) of each of
the participating states.
4. A state that has been terminated is responsible for
all assessments, obligations, and liabilities incurred
through the effective date of termination, including obli-
gations that extend beyond the effective date of termina-
tion.
5. The commission shall not bear any costs related to
a state that is found to be in default or that has been termi-
nated from this compact, unless agreed upon in writing
between the commission and the defaulting state.
6. The defaulting state may appeal its termination
from the compact by the commission by petitioning the
U.S. District Court for the District of Columbia or the
federal district where the commission has its principal
offices. The prevailing member shall be awarded all
costs of such litigation, including reasonable attorney’s
fees.
7. Upon the termination of a state’s participation in
the compact, the state shall immediately provide notice
to all licensees within that state of such termination:
a. Licensees who have been granted a compact privi-
lege in that state shall retain the compact privilege for one
hundred eighty (180) days following the effective date of
such termination.
b. Licensees who are licensed in that state who have
been granted a compact privilege in a participating state
shall retain the compact privilege for one hundred eighty
(180) days unless the licensee also has a qualifying
license in a participating state or obtains a qualifying
license in a participating state before the one hundred
eighty (180)−day period ends, in which case the compact
privilege shall continue.
(c) Dispute resolution. 1. Upon request by a partici-
pating state, the commission shall attempt to resolve dis-
putes related to this compact that arise among participat-
ing states and between participating and nonparticipating
states.
2. The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for dis-
putes as appropriate.
(d) Enforcement. 1. The commission, in the reason-
able exercise of its discretion, shall enforce the provi-
sions of this compact and rules of the commission.
2. If compliance is not secured after all means to
secure compliance have been exhausted, by majority
vote, the commission may initiate legal action in the
United States District Court for the District of Columbia
or the federal district where the commission has its prin-
cipal offices, against a participating state in default to
enforce compliance with the provisions of this compact
and the commission’s promulgated rules and bylaws.
The relief sought may include both injunctive relief and
damages. In the event judicial enforcement is necessary,
the prevailing party shall be awarded all costs of such liti-
gation, including reasonable attorney’s fees. − 13 − 2023 Wisconsin Act 81 2023 Senate Bill 400
3. The remedies herein shall not be the exclusive
remedies of the commission. The commission may pur-
sue any other remedies available under federal or state
law.
(e) Legal action against the commission. 1. A partic-
ipating state may initiate legal action against the commis-
sion in the U.S. District Court for the District of Colum-
bia or the federal district where the commission has its
principal offices to enforce compliance with the provi-
sions of the compact and its rules. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney’s fees.
2. No person other than a participating state shall
enforce this compact against the commission.
(11) DATE OF IMPLEMENTATION OF THE PA LICENSURE
COMPACT COMMISSION. (a) This compact shall come into
effect on the date on which this compact statute is enacted
into law in the seventh participating state.
1. On or after the effective date of the compact, the
commission shall convene and review the enactment of
each of the states that enacted the compact prior to the
commission convening (“charter participating states”) to
determine if the statute enacted by each such charter par-
ticipating state is materially different than the model
compact.
a. A charter participating state whose enactment is
found to be materially different from the model compact
shall be entitled to the default process set forth in sub.
(10) (b).
b. If any participating state later withdraws from the
compact or its participation is terminated, the commis-
sion shall remain in existence and the compact shall
remain in effect even if the number of participating states
should be less than seven. Participating states enacting
the compact subsequent to the commission convening
shall be subject to the process set forth in sub. (7) (c) 21.
to determine if their enactments are materially different
from the model compact and whether they qualify for
participation in the compact.
2. Participating states enacting the compact subse-
quent to the seven initial charter participating states shall
be subject to the process set forth in sub. (7) (c) 21. to
determine if their enactments are materially different
from the model compact and whether they qualify for
participation in the compact.
3. All actions taken for the benefit of the commission
or in furtherance of the purposes of the administration of
the compact prior to the effective date of the compact or
the commission coming into existence shall be consid-
ered to be actions of the commission unless specifically
repudiated by the commission.
(b) Any state that joins this compact shall be subject
to the commission’s rules and bylaws as they exist on the
date on which this compact becomes law in that state.
Any rule that has been previously adopted by the com-
mission shall have the full force and effect of law on the
day this compact becomes law in that state.
(c) Any participating state may withdraw from this
compact by enacting a statute repealing the same.
1. A participating state’s withdrawal shall not take
effect until one hundred eighty (180) days after enact-
ment of the repealing statute. During this one hundred
eighty (180) day−period, all compact privileges that were
in effect in the withdrawing state and were granted to
licensees licensed in the withdrawing state shall remain
in effect. If any licensee licensed in the withdrawing state
is also licensed in another participating state or obtains a
license in another participating state within the one hun-
dred eighty (180) days, the licensee’s compact privileges
in other participating states shall not be affected by the
passage of the one hundred eighty (180) days.
2. Withdrawal shall not affect the continuing require-
ment of the state licensing board(s) of the withdrawing
state to comply with the investigative, and adverse action
reporting requirements of this compact prior to the effec-
tive date of withdrawal.
3. Upon the enactment of a statute withdrawing a
state from this compact, the state shall immediately pro-
vide notice of such withdrawal to all licensees within that
state. Such withdrawing state shall continue to recognize
all licenses granted pursuant to this compact for a mini-
mum of one hundred eighty (180) days after the date of
such notice of withdrawal.
(d) Nothing contained in this compact shall be con-
strued to invalidate or prevent any PA licensure agree-
ment or other cooperative arrangement between partici-
pating states and between a participating state and
nonparticipating state that does not conflict with the pro-
visions of this compact.
(e) This compact may be amended by the participat-
ing states. No amendment to this compact shall become
effective and binding upon any participating state until it
is enacted materially in the same manner into the laws of
all participating states as determined by the commission.
(12) CONSTRUCTION AND SEVERABILITY. (a) This
compact and the commission’s rule−making authority
shall be liberally construed so as to effectuate the pur-
poses, and the implementation and administration of the
compact. Provisions of the compact expressly autho-
rizing or requiring the promulgation of rules shall not be
construed to limit the commission’s rule−making author-
ity solely for those purposes.
(b) The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this
compact is held by a court of competent jurisdiction to be
contrary to the constitution of any participating state, a
state seeking participation in the compact, or of the
United States, or the applicability thereof to any govern-
ment, agency, person or circumstance is held to be uncon-
stitutional by a court of competent jurisdiction, the valid- − 14 −2023 Wisconsin Act 81 2023 Senate Bill 400
ity of the remainder of this compact and the applicability
thereof to any other government, agency, person or cir-
cumstance shall not be affected thereby.
(c) Notwithstanding par. (b) or this subsection, the
commission may deny a state’s participation in the com-
pact or, in accordance with the requirements of sub. (10)
(b), terminate a participating state’s participation in the
compact, if it determines that a constitutional require-
ment of a participating state is, or would be with respect
to a state seeking to participate in the compact, a material
departure from the compact. Otherwise, if this compact
shall be held to be contrary to the constitution of any par-
ticipating state, the compact shall remain in full force and
effect as to the remaining participating states and in full
force and effect as to the participating state affected as to
all severable matters.
(13) BINDING EFFECT OF COMPACT. (a) Nothing herein
prevents the enforcement of any other law of a participat-
ing state that is not inconsistent with this compact.
(b) Any laws in a participating state in conflict with
this compact are superseded to the extent of the conflict.
(c) All agreements between the commission and the
participating states are binding in accordance with their
terms.
448.9885 Implementation of the PA licensure
compact. (1) In this section:
(a) “Board” means the physician assistant affiliated
credentialing board.
(b) “Compact” means the PA licensure compact
under s. 448.988.
(c) “Compact privilege” means a compact privilege,
as defined in s. 448.988 (2) (b), that is granted under the
compact to an individual to practice in this state.
(2) The department may impose a fee for an individ-
ual to receive a compact privilege as provided in s.
448.988 (3) (b).
(3) (a) An individual who holds a compact privilege
shall comply with s. 440.03 (13) (am).
(b) Subject to s. 448.988 and any rules promulgated
thereunder, ss. 440.20 to 440.22 and the rules promul-
gated under s. 440.03 (1) shall apply to an individual who
holds a compact privilege in the same manner that they
apply to holders of licenses issued under subch. IX.
SECTION 41. 450.10 (3) (a) 5. of the statutes, as
affected by 2021 Wisconsin Act 251, is amended to read:
450.10 (3) (a) 5. A physician, physician assistant,
podiatrist, physical therapist, physical therapist assistant,
occupational therapist, occupational therapy assistant, or
genetic counselor licensed under ch. 448, a physical ther-
apist or physical therapist assistant who holds a compact
privilege under subch. XI of ch. 448, or an occupational
therapist or occupational therapy assistant who holds a
compact privilege under subch. XII of ch. 448, or a physi-
cian assistant who holds a compact privilege under
subch. XIII of ch. 448.
SECTION 42. 462.02 (2) (e) of the statutes is amended
to read:
462.02 (2) (e) A physician assistant licensed under s.
448.974.
SECTION 43. 462.04 of the statutes, as affected by
2021 Wisconsin Act 251, is amended to read:
462.04 Prescription or order required. A person
who holds a license or limited X−ray machine operator
permit under this chapter may not use diagnostic X−ray
equipment on humans for diagnostic purposes unless
authorized to do so by prescription or order of a physician
licensed under s. 448.04 (1) (a), a naturopathic doctor
licensed under s. 466.04 (1), a dentist licensed under s.
447.04 (1), a podiatrist licensed under s. 448.63, a chiro-
practor licensed under s. 446.02, an advanced practice
nurse certified under s. 441.16 (2), a physician assistant
who is licensed under s. 448.974 or who holds a compact
privilege under subch. XIII of ch. 448, or, subject to s.
448.56 (7) (a), a physical therapist who is licensed under
s. 448.53 or who holds a compact privilege under subch.
XI of ch. 448.
SECTION 44. 895.48 (1m) (a) (intro.) of the statutes
is amended to read:
895.48 (1m) (a) (intro.) Except as provided in par.
(b), any physician, naturopathic doctor, physician assist-
ant, podiatrist, or athletic trainer licensed under ch. 448,
physician assistant who is licensed under subch. IX of ch.
448 or who holds a compact privilege under subch. XIII
of ch. 448, chiropractor licensed under ch. 446, dentist
licensed under ch. 447, emergency medical services
practitioner licensed under s. 256.15, emergency medical
responder certified under s. 256.15 (8), registered nurse
licensed under ch. 441, or a massage therapist or body-
work therapist licensed under ch. 460, or naturopathic
doctor licensed under ch. 466 who renders voluntary
health care to a participant in an athletic event or contest
sponsored by a nonprofit corporation, as defined in s.
66.0129 (6) (b), a private school, as defined in s. 115.001
(3r), a tribal school, as defined in s. 115.001 (15m), a pub-
lic agency, as defined in s. 46.856 (1) (b), or a school, as
defined in s. 609.655 (1) (c), is immune from civil liabil-
ity for his or her acts or omissions in rendering that care
if all of the following conditions exist:
SECTION 45. 971.14 (4) (a) of the statutes is amended
to read:
971.14 (4) (a) The court shall cause copies of the
report to be delivered forthwith to the district attorney
and the defense counsel, or the defendant personally if
not represented by counsel. Upon the request of the sher-
iff or jailer charged with care and control of the jail in
which the defendant is being held pending or during a
trial or sentencing proceeding, the court shall cause a
copy of the report to be delivered to the sheriff or jailer.
The sheriff or jailer may provide a copy of the report to
the person who is responsible for maintaining medical − 15 − 2023 Wisconsin Act 81 2023 Senate Bill 400
records for inmates of the jail, or to a nurse licensed under
ch. 441, to a, physician licensed under subch. II of ch.
448, or to a physician assistant licensed under subch. IX
of ch. 448 who is a health care provider for the defendant
or who is responsible for providing health care services
to inmates of the jail. The report shall not be otherwise
disclosed prior to the hearing under this subsection.
SECTION 47. 990.01 (27s) of the statutes is amended
to read:
990.01 (27s) PHYSICIAN ASSISTANT. “Physician
assistant” means a person who is licensed as a physician
assistant under subch. IX of ch. 448 or who holds a com-
pact privilege under subch. XIII of ch. 448.