Wisconsin Legislative Council ACT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Prepared by: Steve McCarthy, Senior Staff Attorney December 14, 2023 2023 Wisconsin Act 81 [2023 Senate Bill 400] PA Licensure Compact 2023 WISCONSIN ACT 81 The act ratifies and enters Wisconsin into the PA Licensure Compact, which allows a physician assistant (PA) licensed in a compact member state to practice in another compact member state under a “compact privilege,” without obtaining a license to practice in the other state. The act applies only to an applicant for a compact privilege, and does not affect requirements for Wisconsin licensure. Licensure The compact specifies a number of requirements in order for a PA to exercise a compact privilege, including holding a PA license in a member state, not having a felony or misdemeanor conviction, having had no revocation of a license or limitation or restriction on any license currently held due to an adverse action, and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state, though the act does not impose any jurisprudence requirement. A remote state may, in accordance with that state’s laws, take adverse action against a PA’s compact privilege in the remote state and take any other necessary actions to protect the health and safety of its citizens. If the state in which a PA is licensed (home state) takes adverse action against a PA’s license, the PA loses the compact privilege in all remote states until certain criteria are satisfied. A member state may not impose discipline against a PA's compact privilege or deny an application for a compact privilege in that member state for the individual's otherwise lawful practice in another state Regulatory Oversight While providing PA services under a compact privilege, a licensed individual must function within the laws and regulations of the member state in which the person is providing the services, and is subject to that state’s regulatory authority. In addition, the act does all of the following: Allows member states’ licensure boards to conduct joint investigations of licensed individuals and to issue subpoenas that are enforceable in other member states. Creates a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. Requires applicants for an initial compact privilege to submit to be fingerprinted, and requires an applicant’s fingerprint cards to be submitted to the state Department of Justice and the Federal Bureau of Investigation for a criminal history background check. - 2 - Governance of the Compact For governance of the compact, the act enters Wisconsin into the PA Compact Commission, which includes one member of the licensure boards of each member state. The commission has various powers and duties granted in the compact, including overseeing the administration of the compact, enforcing the compact, adopting bylaws, promulgating binding rules to coordinate implementation and administration of the compact, appointing officers and hiring employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees who receive compact privileges to cover the cost of the operations and activities of the commission and its staff. The act provides for dispute resolution, including a process for termination of a state’s membership in the compact if a state defaults on its obligations under the compact. The act also permits a state to withdraw from the compact by repealing the statute authorizing the compact, to take effect six months after the effective date of the repeal. The compact may be amended by the member states, effective after being enacted into the laws of all member states. Effective date: December 8, 2023 For a full history of the bill, visit the Legislature’s bill history page. SM:ksm