Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB400 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	Date of enactment:
2		-	2023 Senate Bill 400 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	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
5		-	(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)
6		-	(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)
7		-	(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),
8		-	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
9		-	(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
10		-	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),
11		-	448.971 (1m), 448.974 (1m), 448.974 (2) (bm) and subchapter XIII of chapter 448 [precedes 448.988] of the statutes;
12		-	relating to: ratification of the PA Licensure Compact.
13		-	The people of the state of Wisconsin, represented in
14		-	senate and assembly, do enact as follows:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 400
	5	+	August 25, 2023 - Introduced by Senators STAFSHOLT, BALLWEG, CABRAL-GUEVARA,
	6	+	FELZKOWSKI, HUTTON, MARKLEIN, QUINN, SPREITZER and TOMCZYK, cosponsored
	7	+	by Representatives VANDERMEER, MAGNAFICI, CONSIDINE, ARMSTRONG,
	8	+	BALDEH, CALLAHAN, DITTRICH, DOYLE, GOEBEN, GREEN, GUNDRUM, JOERS,
	9	+	KITCHENS, MAXEY, O'CONNOR, PENTERMAN, RETTINGER, SCHMIDT, SPIROS,
	10	+	STUBBS, TITTL, WICHGERS, SUMMERFIELD and PLUMER. Referred to Committee
	11	+	on Health.
	12	+	AN ACT to renumber 252.14 (1) (ar) 14., 448.978 (1) and 448.978 (2) (d) 1. and
	13	+	2.; to renumber and amend 440.03 (13) (c), 448.015 (4) (am) 2m., 448.974 (2)
	14	+	and 448.978 (2) (d) (intro.); to amend 49.45 (9r) (a) 7. e., 97.67 (5m) (a) 3.,
	15	+	118.2925 (1) (f), 146.81 (1) (eu), 146.997 (1) (d) 4., 154.01 (3) (b), 155.01 (1g) (c),
	16	+	155.01 (7), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.094
	17	+	(1) (c) 4., 440.15, 448.971 (2), 448.972 (1), 448.973 (2), 448.974 (title), 448.978
	18	+	(2) (intro.), 448.978 (2) (a), 448.978 (2) (g), 450.10 (3) (a) 5., 462.02 (2) (e), 462.04,
	19	+	895.48 (1m) (a) (intro.), 971.14 (4) (a) and 990.01 (27s); to repeal and recreate
	20	+	16.417 (1) (e) 3m. and 252.15 (1) (am); and to create 14.835, 111.335 (4) (jm),
	21	+	440.03 (11m) (c) 2c., 440.03 (13) (c) 1. i., 440.094 (1) (c) 9m., 448.971 (1L),
	22	+	448.971 (1m), 448.974 (1m), 448.974 (2) (bm) and subchapter XIII of chapter
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	35	+	SENATE BILL 400
	36	+	448 [precedes 448.988] of the statutes; relating to: ratification of the PA
	37	+	Licensure Compact.
	38	+	Analysis by the Legislative Reference Bureau
	39	+	This bill ratifies and enters Wisconsin into the PA Licensure Compact, which
	40	+	provides for the ability of a physician assistant (PA) to become eligible to practice in
	41	+	other compact states. Significant provisions of the compact include the following:
	42	+	1. The creation of a PA Licensure Compact Commission, which includes one
	43	+	member or administrator of the licensure boards of each member state. The
	44	+	commission has various powers and duties granted in the compact, including
	45	+	establishing bylaws, promulgating binding rules for the compact, appointing officers
	46	+	and hiring employees, and establishing and electing an executive committee. The
	47	+	commission may levy on and collect an annual assessment from each member state
	48	+	or impose fees on licensees who receive compact privileges to cover the cost of the
	49	+	operations and activities of the commission and its staff.
	50	+	2. The ability for a PA to obtain a “compact privilege,” which allows a PA who
	51	+	satisfies certain criteria to practice as a PA to provide medical services and other
	52	+	licensed activity to a patient located in another member state (remote state) under
	53	+	the remote state's laws and regulations. The compact specifies a number of
	54	+	requirements in order for a PA to exercise a compact privilege, including holding a
	55	+	PA license in a member state, not having a felony or misdemeanor conviction, having
	56	+	had no revocation of a license or limitation or restriction on any license currently held
	57	+	due to an adverse action, and paying any fees and meeting any jurisprudence
	58	+	requirements that may be imposed by a remote state, though the bill does not impose
	59	+	any jurisprudence requirement. A remote state may, in accordance with that state's
	60	+	laws, take adverse action against a PA's compact privilege in the remote state and
	61	+	take any other necessary actions to protect the health and safety of its citizens. If
	62	+	the state in which a PA is licensed (home state) takes adverse action against a PA's
	63	+	license, the PA loses the compact privilege in all remote states until certain criteria
	64	+	are satisfied. A member state may not impose discipline against a PA's compact
	65	+	privilege or deny an application for a compact privilege in that member state for the
	66	+	individual's otherwise lawful practice in another state.
	67	+	3. The ability of member states to issue subpoenas that are enforceable in other
	68	+	states provided, however, that subpoenas may not be issued by a member state to
	69	+	gather evidence of conduct in another state that is lawful in that other state for the
	70	+	purpose of taking adverse action against a compact privilege or application for a
	71	+	compact privilege in that member state.
	72	+	4. The creation of a coordinated data and reporting system containing
	73	+	licensure, adverse action, and the reporting of the existence of significant
	74	+	investigative information on PAs and applicants denied a PA license. The compact
	75	+	requires all adverse actions to be reported to the administrator of the data system.
	76	+	A member state must submit a uniform data set to the data system on all individuals
	77	+	to whom the compact is applicable as required by the rules of the commission.
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	83	+	5. Provisions regarding resolutions of disputes among member states and
	84	+	between member and nonmember states, including a process for termination of a
	85	+	state's membership in the compact if the state defaults on its obligations under the
	86	+	compact.
	87	+	The compact becomes effective upon enactment by seven states. The compact
	88	+	provides that it may be amended upon enactment of an amendment by all member
	89	+	states. A state may withdraw from the compact by repealing the statute authorizing
	90	+	the compact, but the compact provides that a withdrawal does not take effect until
	91	+	180 days after the enactment of that repeal.
	92	+	For further information see the state and local fiscal estimate, which will be
	93	+	printed as an appendix to this bill.
	94	+	The people of the state of Wisconsin, represented in senate and assembly, do
	95	+	enact as follows:
15	96		SECTION 1. 14.835 of the statutes is created to read:
16		-	14.835 PA licensure compact. There is created a PA
17		-	licensure compact commission as specified in s. 448.988.
18		-	The delegate on the commission representing this state
19		-	shall be appointed by the physician assistant affiliated
20		-	credentialing board as provided in s. 448.988 (7) (b) 1.
21		-	and shall be an individual described in s. 448.988 (7) (b)
22		-	2. a. or b. The commission has the powers and duties
23		-	granted and imposed under s. 448.988.
24		-	SECTION 2. 16.417 (1) (e) 3m. of the statutes is
25		-	repealed and recreated to read:
26		-	16.417 (1) (e) 3m. A physician assistant who is
27		-	licensed under subch. IX of ch. 448 or who holds a com-
28		-	pact privilege under subch. XIII of ch. 448.
29		-	SECTION 3. 49.45 (9r) (a) 7. e. of the statutes is
	97	+	14.835 PA licensure compact. There is created a PA licensure compact
	98	+	commission as specified in s. 448.988. The delegate on the commission representing
	99	+	this state shall be appointed by the physician assistant affiliated credentialing board
	100	+	as provided in s. 448.988 (7) (b) 1. and shall be an individual described in s. 448.988
	101	+	(7) (b) 2. a. or b. The commission has the powers and duties granted and imposed
	102	+	under s. 448.988.
	103	+	SECTION 2. 16.417 (1) (e) 3m. of the statutes is repealed and recreated to read:
	104	+	16.417 (1) (e) 3m. A physician assistant who is licensed under subch. IX of ch.
	105	+	448 or who holds a compact privilege under subch. XIII of ch. 448.
	106	+	SECTION 3. 49.45 (9r) (a) 7. e. of the statutes is amended to read:
	107	+	49.45 (9r) (a) 7. e. A physician assistant who is licensed under subch. IX of ch.
	108	+	448 or who holds a compact privilege under subch. XIII of ch. 448.
	109	+	SECTION 4. 97.67 (5m) (a) 3. of the statutes is amended to read:
	110	+	97.67 (5m) (a) 3. A physician assistant who is licensed under subch. IX of ch.
	111	+	448 or who holds a compact privilege under subch. XIII of ch. 448.
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	129	+	SECTION 5 SENATE BILL 400
	130	+	SECTION 5. 111.335 (4) (jm) of the statutes is created to read:
	131	+	111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment
	132	+	discrimination because of conviction record for the physician assistant affiliated
	133	+	credentialing board to refuse to grant to an individual a compact privilege, as defined
	134	+	in s. 448.988 (2) (b), in accordance with s. 448.988 (4) (a) 3.
	135	+	SECTION 6. 118.2925 (1) (f) of the statutes is amended to read:
	136	+	118.2925 (1) (f) “Physician assistant" means a person who is licensed under s.
	137	+	448.974 subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of
	138	+	ch. 448.
	139	+	SECTION 7. 146.81 (1) (eu) of the statutes is amended to read:
	140	+	146.81 (1) (eu) A physician assistant who is licensed under subch. IX of ch. 448
	141	+	or who holds a compact privilege under subch. XIII of ch. 448.
	142	+	SECTION 8. 146.997 (1) (d) 4. of the statutes, as affected by 2021 Wisconsin Act
	143	+	251, is amended to read:
	144	+	146.997 (1) (d) 4. A physician, physician assistant, podiatrist, perfusionist,
	145	+	physical therapist, physical therapist assistant, occupational therapist,
	146	+	occupational therapy assistant, or genetic counselor licensed under ch. 448; a
	147	+	physical therapist or physical therapist assistant who holds a compact privilege
	148	+	under subch. XI of ch. 448; or an occupational therapist or occupational therapy
	149	+	assistant who holds a compact privilege under subch. XII of ch. 448; or a physician
	150	+	assistant who holds a compact privilege under subch. XIII of ch. 448;.
	151	+	SECTION 9. 154.01 (3) (b) of the statutes is amended to read:
	152	+	154.01 (3) (b) A physician assistant licensed under ch. 448.
	153	+	SECTION 10. 155.01 (1g) (c) of the statutes is amended to read:
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	180	+	SECTION 10
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	182	+	155.01 (1g) (c) A physician assistant licensed under ch. 448 who a physician
	183	+	responsible for overseeing the physician assistant's practice affirms is competent to
	184	+	conduct evaluations of the capacity of patients to manage health care decisions.
	185	+	SECTION 11. 155.01 (7) of the statutes, as affected by 2021 Wisconsin Act 251,
	186	+	is amended to read:
	187	+	155.01 (7) “Health care provider" means a nurse licensed or permitted under
	188	+	ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
	189	+	physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
	190	+	therapist assistant, occupational therapist, occupational therapy assistant, or
	191	+	genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch.
	192	+	466, a person practicing Christian Science treatment, an optometrist licensed under
	193	+	ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary
	194	+	authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
	195	+	practicing under the authority to practice interjurisdictional telepsychology, as
	196	+	defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who
	197	+	holds a compact privilege under subch. XI of ch. 448, an occupational therapist or
	198	+	occupational therapy assistant who holds a compact privilege under subch. XII of ch.
	199	+	448, a physician assistant who holds a compact privilege under subch. XIII of ch. 448,
	200	+	a partnership thereof, a corporation or limited liability company thereof that
	201	+	provides health care services, a cooperative health care association organized under
	202	+	s. 185.981 that directly provides services through salaried employees in its own
	203	+	facility, or a home health agency, as defined in s. 50.49 (1) (a).
	204	+	SECTION 12. 252.14 (1) (ar) 14. of the statutes is renumbered 252.14 (1) (ar)
	205	+	4rm.
	206	+	SECTION 13. 252.15 (1) (am) of the statutes is repealed and recreated to read:
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	233	+	SECTION 13 SENATE BILL 400
	234	+	252.15 (1) (am) “Health care professional" means a physician, physician
	235	+	assistant, or nurse.
	236	+	SECTION 14. 440.03 (9) (a) (intro.) of the statutes is amended to read:
	237	+	440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
	238	+	the department shall, biennially, determine each fee for an initial credential for
	239	+	which no examination is required, for a reciprocal credential, and for a credential
	240	+	renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 448.9885
	241	+	(2) by doing all of the following:
	242	+	SECTION 15. 440.03 (9) (a) 2. of the statutes is amended to read:
	243	+	440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
	244	+	adjusting for the succeeding fiscal biennium each fee for an initial credential for
	245	+	which an examination is not required, for a reciprocal credential, and, subject to s.
	246	+	440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
	247	+	and, 448.9875 (2), and 448.9885 (2), if an adjustment is necessary to reflect the
	248	+	approximate administrative and enforcement costs of the department that are
	249	+	attributable to the regulation of the particular occupation or business during the
	250	+	period in which the initial or reciprocal credential, credential renewal, or compact
	251	+	privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
	252	+	an estimate of any additional moneys available for the department's general
	253	+	program operations as a result of appropriation transfers that have been or are
	254	+	estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
	255	+	at the time of the deadline for an adjustment under this subdivision or during the
	256	+	fiscal biennium beginning on the July 1 immediately following the deadline for an
	257	+	adjustment under this subdivision.
	258	+	SECTION 16. 440.03 (11m) (c) 2c. of the statutes is created to read:
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	286	+	SECTION 16
	287	+	SENATE BILL 400
	288	+	440.03 (11m) (c) 2c. The coordinated data and reporting system under s.
	289	+	448.988 (8), if such disclosure is required under the PA licensure compact under s.
	290	+	448.988.
	291	+	SECTION 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:
	292	+	440.03 (13) (b) (intro.) The department may investigate whether an applicant
	293	+	for or holder of any of the following credentials has been charged with or convicted
	294	+	of a crime only pursuant to rules promulgated by the department under this
	295	+	paragraph, including rules that establish the criteria that the department will use
	296	+	to determine whether an investigation under this paragraph is necessary, except as
	297	+	provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
	298	+	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.:
	299	+	SECTION 18. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
	300	+	(intro.) and amended to read:
	301	+	440.03 (13) (c) 1. (intro.) The department shall require an all of the following
	302	+	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
	303	+	set of the person's fingerprints:
	304	+	a. An applicant for a private detective license or a private security permit under
	305	+	s. 440.26, an.
	306	+	b. An applicant for a juvenile martial arts instructor permit under sub. (17),
	307	+	an.
	308	+	c. An applicant for a real estate appraiser certification under s. 458.06 or
	309	+	license under s. 458.08, an.
	310	+	d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
	311	+	e. An applicant for a compact license under s. 448.05 (2) (f), an.
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	337	+	SECTION 18 SENATE BILL 400
	338	+	f. An applicant for a physical therapist license under s. 448.53 or physical
	339	+	therapist assistant license under s. 448.535, an.
	340	+	g. An applicant for an occupational therapist or occupational therapy assistant
	341	+	compact privilege under s. 448.987 (4), and an applicant for an occupational
	342	+	therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
	343	+	a., an
	344	+	h. An applicant for a psychologist license under s. 455.04, and a.
	345	+	z. A person for whom the department conducts an investigation under par. (b),
	346	+	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
	347	+	set of the person's fingerprints.
	348	+	2. The department of justice may submit the fingerprint cards, and the
	349	+	department of justice shall submit the fingerprint cards of all applicants for a real
	350	+	estate appraiser certification under s. 458.06 or license under s. 458.08, of all
	351	+	applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
	352	+	for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
	353	+	license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
	354	+	of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
	355	+	i., to the federal bureau of investigation for the purpose of verifying the identity of
	356	+	the persons fingerprinted and obtaining records of their criminal arrests and
	357	+	convictions.
	358	+	3. Information obtained from the federal bureau of investigation may be shared
	359	+	with the department or the appropriate credentialing board, but shall otherwise be
	360	+	kept confidential and is not subject to disclosure under s. 19.35.
	361	+	SECTION 19. 440.03 (13) (c) 1. i. of the statutes is created to read:
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	388	+	SECTION 19
	389	+	SENATE BILL 400
	390	+	440.03 (13) (c) 1. i. An applicant for a physician assistant license or compact
	391	+	privilege under s. 448.974 when required pursuant to the PA licensure compact
	392	+	under s. 448.988.
	393	+	SECTION 20. 440.094 (1) (c) 4. of the statutes is amended to read:
	394	+	440.094 (1) (c) 4. A physician, physician assistant, perfusionist, or respiratory
	395	+	care practitioner licensed or certified under subch. II of ch. 448.
	396	+	SECTION 21. 440.094 (1) (c) 9m. of the statutes is created to read:
	397	+	440.094 (1) (c) 9m. A physician assistant licensed under subch. IX of ch. 448.
	398	+	SECTION 22. 440.15 of the statutes is amended to read:
	399	+	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
	400	+	441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
	401	+	2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and
	402	+	(f) 4., the department or a credentialing board may not require that an applicant for
	403	+	a credential or a credential holder be fingerprinted or submit fingerprints in
	404	+	connection with the department's or the credentialing board's credentialing.
	405	+	SECTION 23. 448.015 (4) (am) 2m. of the statutes is renumbered 448.978 (1g)
	406	+	(a) and amended to read:
	407	+	448.978 (1g) (a) A “Unprofessional conduct” includes a determination made
	408	+	by a physician assistant under ch. 154 or 155 if the physician assistant does not have
	409	+	sufficient education, training, and experience to make the determination.
	410	+	SECTION 24. 448.971 (1L) of the statutes is created to read:
	411	+	448.971 (1L) “Compact” means the PA licensure compact under s. 448.988.
	412	+	SECTION 25. 448.971 (1m) of the statutes is created to read:
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	437	+	SECTION 25 SENATE BILL 400
	438	+	448.971 (1m) “Compact privilege” means a compact privilege, as defined in s.
	439	+	448.988 (2) (b), that is granted under the compact to an individual to practice in this
	440	+	state.
	441	+	SECTION 26. 448.971 (2) of the statutes is amended to read:
	442	+	448.971 (2) “Physician assistant” means a person who is licensed under this
	443	+	subchapter or who holds a compact privilege.
	444	+	SECTION 27. 448.972 (1) of the statutes is amended to read:
	445	+	448.972 (1) Except as provided in subs. (2) and (3), no person may represent
	446	+	himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or
	447	+	“physician assistant," or append to the person's name the words or letters “physician
	448	+	assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents
	449	+	or may tend to represent the person as a physician assistant, unless he or she is
	450	+	licensed by the board under this subchapter or holds a compact privilege.
	451	+	SECTION 28. 448.972 (1) of the statutes is amended to read:
	452	+	448.972 (1) Except as provided in subs. (2) and (3), no person may represent
	453	+	himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or
	454	+	“physician assistant," or append to the person's name the words or letters “physician
	455	+	assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents
	456	+	or may tend to represent the person as a physician assistant, unless he or she is
	457	+	licensed by the board under this subchapter or holds a compact privilege.
	458	+	SECTION 29. 448.973 (2) of the statutes is amended to read:
	459	+	448.973 (2) The board shall include in the register the board maintains under
	460	+	s. 440.035 (1m) (d) the names name of all persons each person whose licenses license
	461	+	or compact privilege issued under this subchapter were was suspended or revoked
	462	+	within the past 2 years. The register shall be available for purchase at cost.
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	490	+	SECTION 30
	491	+	SENATE BILL 400
	492	+	SECTION 30. 448.974 (title) of the statutes is amended to read:
	493	+	448.974 (title) License; compact privilege; renewal.
	494	+	SECTION 31. 448.974 (1m) of the statutes is created to read:
	495	+	448.974 (1m) The board shall grant a compact privilege to any applicant who
	496	+	satisfies all of the following:
	497	+	(a) The applicant holds a qualifying license, as defined in s. 448.988 (2) (r), in
	498	+	another state that is a party to the compact and satisfies all other requirements
	499	+	under s. 448.988 (4).
	500	+	(b) The individual applies for the compact privilege in the manner prescribed
	501	+	by the department.
	502	+	(c) The individual pays any fee established by the department under s.
	503	+	448.9885 (2).
	504	+	SECTION 32. 448.974 (2) of the statutes is renumbered 448.974 (2) (am) and
30	505		amended to read:
31		-	49.45 (9r) (a) 7. e. A physician assistant who is
32		-	licensed under subch. IX of ch. 448 or who holds a com-
33		-	pact privilege under subch. XIII of ch. 448.
34		-	SECTION 4. 97.67 (5m) (a) 3. of the statutes is
35		-	amended to read:
36		-	97.67 (5m) (a) 3. A physician assistant who is
37		-	licensed under subch. IX of ch. 448 or who holds a com-
38		-	pact privilege under subch. XIII of ch. 448.
39		-	SECTION 5. 111.335 (4) (jm) of the statutes is created
40		-	to read:
41		-	111.335 (4) (jm) Notwithstanding s. 111.322, it is not
42		-	employment discrimination because of conviction
43		-	record for the physician assistant affiliated credentialing
44		-	board to refuse to grant to an individual a compact privi-
45		-	lege, as defined in s. 448.988 (2) (b), in accordance with
46		-	s. 448.988 (4) (a) 3.
47		-	SECTION 6. 118.2925 (1) (f) of the statutes is
48		-	amended to read:
49		-	* 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
50		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 400
51		-	118.2925 (1) (f) “Physician assistant” means a per-
52		-	son who is licensed under s. 448.974 subch. IX of ch. 448
53		-	or who holds a compact privilege under subch. XIII of ch.
54		-	448.
55		-	SECTION 7. 146.81 (1) (eu) of the statutes is amended
56		-	to read:
57		-	146.81 (1) (eu) A physician assistant who is licensed
58		-	under subch. IX of ch. 448 or who holds a compact privi-
59		-	lege under subch. XIII of ch. 448.
60		-	SECTION 8. 146.997 (1) (d) 4. of the statutes, as
61		-	affected by 2021 Wisconsin Act 251, is amended to read:
62		-	146.997 (1) (d) 4. A physician, physician assistant,
63		-	podiatrist, perfusionist, physical therapist, physical ther-
64		-	apist assistant, occupational therapist, occupational ther-
65		-	apy assistant, or genetic counselor licensed under ch.
66		-	448; a physical therapist or physical therapist assistant
67		-	who holds a compact privilege under subch. XI of ch.
68		-	448; or an occupational therapist or occupational therapy
69		-	assistant who holds a compact privilege under subch. XII
70		-	of ch. 448; or a physician assistant who holds a compact
71		-	privilege under subch. XIII of ch. 448.
72		-	SECTION 9. 154.01 (3) (b) of the statutes is amended
73		-	to read:
74		-	154.01 (3) (b) A physician assistant licensed under
75		-	ch. 448.
76		-	SECTION 10. 155.01 (1g) (c) of the statutes is
77		-	amended to read:
78		-	155.01 (1g) (c) A physician assistant licensed under
79		-	ch. 448 who a physician responsible for overseeing the
80		-	physician assistant’s practice affirms is competent to
81		-	conduct evaluations of the capacity of patients to manage
82		-	health care decisions.
83		-	SECTION 11. 155.01 (7) of the statutes, as affected by
84		-	2021 Wisconsin Act 251, is amended to read:
85		-	155.01 (7) “Health care provider” means a nurse
86		-	licensed or permitted under ch. 441, a chiropractor
87		-	licensed under ch. 446, a dentist licensed under ch. 447,
88		-	a physician, physician assistant, perfusionist, podiatrist,
89		-	physical therapist, physical therapist assistant, occupa-
90		-	tional therapist, occupational therapy assistant, or
91		-	genetic counselor licensed under ch. 448, a naturopathic
92		-	doctor licensed under ch. 466, a person practicing Chris-
93		-	tian Science treatment, an optometrist licensed under ch.
94		-	449, a psychologist who is licensed under ch. 455, who
95		-	is exercising the temporary authorization to practice, as
96		-	defined in s. 455.50 (2) (o), in this state, or who is practic-
97		-	ing under the authority to practice interjurisdictional
98		-	telepsychology, as defined in s. 455.50 (2) (b), a physical
99		-	therapist or physical therapist assistant who holds a com-
100		-	pact privilege under subch. XI of ch. 448, an occupational
101		-	therapist or occupational therapy assistant who holds a
102		-	compact privilege under subch. XII of ch. 448, a physi-
103		-	cian assistant who holds a compact privilege under
104		-	subch. XIII of ch. 448, a partnership thereof, a corpora-
105		-	tion or limited liability company thereof that provides
106		-	health care services, a cooperative health care association
107		-	organized under s. 185.981 that directly provides ser-
108		-	vices through salaried employees in its own facility, or a
109		-	home health agency, as defined in s. 50.49 (1) (a).
110		-	SECTION 12. 252.14 (1) (ar) 14. of the statutes is
111		-	renumbered 252.14 (1) (ar) 4rm.
112		-	SECTION 13. 252.15 (1) (am) of the statutes is
113		-	repealed and recreated to read:
114		-	252.15 (1) (am) “Health care professional” means a
115		-	physician, physician assistant, or nurse.
116		-	SECTION 14. 440.03 (9) (a) (intro.) of the statutes is
117		-	amended to read:
118		-	440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and
119		-	s. 458.33 (2) (b) and (5), the department shall, biennially,
120		-	determine each fee for an initial credential for which no
121		-	examination is required, for a reciprocal credential, and
122		-	for a credential renewal and any fees imposed under ss.
123		-	448.986 (2) and , 448.9875 (2), and 448.9885 (2) by doing
124		-	all of the following:
125		-	SECTION 15. 440.03 (9) (a) 2. of the statutes is
126		-	amended to read:
127		-	440.03 (9) (a) 2. Not later than January 31 of each
128		-	odd−numbered year, adjusting for the succeeding fiscal
129		-	biennium each fee for an initial credential for which an
130		-	examination is not required, for a reciprocal credential,
131		-	and, subject to s. 440.08 (2) (a), for a credential renewal,
132		-	and any fees imposed under ss. 448.986 (2) and,
133		-	448.9875 (2), and 448.9885 (2), if an adjustment is neces-
134		-	sary to reflect the approximate administrative and
135		-	enforcement costs of the department that are attributable
136		-	to the regulation of the particular occupation or business
137		-	during the period in which the initial or reciprocal cre-
138		-	dential, credential renewal, or compact privilege is in
139		-	effect and, for purposes of each fee for a credential
140		-	renewal, to reflect an estimate of any additional moneys
141		-	available for the department’s general program opera-
142		-	tions as a result of appropriation transfers that have been
143		-	or are estimated to be made under s. 20.165 (1) (i) during
144		-	the fiscal biennium in progress at the time of the deadline
145		-	for an adjustment under this subdivision or during the fis-
146		-	cal biennium beginning on the July 1 immediately fol-
147		-	lowing the deadline for an adjustment under this subdivi-
148		-	sion.
149		-	SECTION 16. 440.03 (11m) (c) 2c. of the statutes is
150		-	created to read:
151		-	440.03 (11m) (c) 2c. The coordinated data and
152		-	reporting system under s. 448.988 (8), if such disclosure
153		-	is required under the PA licensure compact under s.
154		-	448.988.
155		-	SECTION 17. 440.03 (13) (b) (intro.) of the statutes is
156		-	amended to read:
157		-	440.03 (13) (b) (intro.) The department may investi-
158		-	gate whether an applicant for or holder of any of the fol-
159		-	lowing credentials has been charged with or convicted of
160		-	a crime only pursuant to rules promulgated by the depart-
161		-	ment under this paragraph, including rules that establish
162		-	the criteria that the department will use to determine − 3 − 2023 Wisconsin Act 2023 Senate Bill 400
163		-	whether an investigation under this paragraph is neces-
164		-	sary, except as provided in par. (c) and ss. 441.51 (5) (a)
165		-	5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
166		-	5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., and 455.50 (3)
167		-	(e) 4. and (f) 4.:
168		-	SECTION 18. 440.03 (13) (c) of the statutes is renum-
169		-	bered 440.03 (13) (c) 1. (intro.) and amended to read:
170		-	440.03 (13) (c) 1. (intro.) The department shall
171		-	require an all of the following to be photographed and fin-
172		-	gerprinted on 2 fingerprint cards, each bearing a com-
173		-	plete set of the person’s fingerprints:
174		-	a. An applicant for a private detective license or a pri-
175		-	vate security permit under s. 440.26, an.
176		-	b. An applicant for a juvenile martial arts instructor
177		-	permit under sub. (17), an.
178		-	c. An applicant for a real estate appraiser certification
179		-	under s. 458.06 or license under s. 458.08, an.
180		-	d. An applicant for a multistate license under s.
181		-	441.06 (1c) or 441.10 (1c), an.
182		-	e. An applicant for a compact license under s. 448.05
183		-	(2) (f), an.
184		-	f. An applicant for a physical therapist license under
185		-	s. 448.53 or physical therapist assistant license under s.
186		-	448.535, an.
187		-	g. An applicant for an occupational therapist or occu-
188		-	pational therapy assistant compact privilege under s.
189		-	448.987 (4), and an applicant for an occupational thera-
190		-	pist or occupational therapy assistant license described in
191		-	s. 448.987 (5) (b) 2. a., an
192		-	h. An applicant for a psychologist license under s.
193		-	455.04, and a.
194		-	z. A person for whom the department conducts an
195		-	investigation under par. (b), to be photographed and fin-
196		-	gerprinted on 2 fingerprint cards, each bearing a com-
197		-	plete set of the person’s fingerprints.
198		-	2. The department of justice may submit the finger-
199		-	print cards, and the department of justice shall submit the
200		-	fingerprint cards of all applicants for a real estate
201		-	appraiser certification under s. 458.06 or license under s.
202		-	458.08, of all applicants for a multistate license under s.
203		-	441.06 (1c) or 441.10 (1c), of all applicants for a compact
204		-	license under s. 448.05 (2) (f), of all applicants for a phys-
205		-	ical therapist license under s. 448.53 or a physical thera-
206		-	pist assistant license under s. 448.535, and of all appli-
207		-	cants for a psychologist license under s. 455.04 identified
208		-	in subd. 1. c. to i., to the federal bureau of investigation
209		-	for the purpose of verifying the identity of the persons
210		-	fingerprinted and obtaining records of their criminal
211		-	arrests and convictions.
212		-	3. Information obtained from the federal bureau of
213		-	investigation may be shared with the department or the
214		-	appropriate credentialing board, but shall otherwise be
215		-	kept confidential and is not subject to disclosure under s.
216		-	19.35.
217		-	SECTION 19. 440.03 (13) (c) 1. i. of the statutes is cre-
218		-	ated to read:
219		-	440.03 (13) (c) 1. i. An applicant for a physician
220		-	assistant license or compact privilege under s. 448.974
221		-	when required pursuant to the PA licensure compact
222		-	under s. 448.988.
223		-	SECTION 20. 440.094 (1) (c) 4. of the statutes is
224		-	amended to read:
225		-	440.094 (1) (c) 4. A physician, physician assistant,
226		-	perfusionist, or respiratory care practitioner licensed or
227		-	certified under subch. II of ch. 448.
228		-	SECTION 21. 440.094 (1) (c) 9m. of the statutes is cre-
229		-	ated to read:
230		-	440.094 (1) (c) 9m. A physician assistant licensed
231		-	under subch. IX of ch. 448.
232		-	SECTION 22. 440.15 of the statutes is amended to
233		-	read:
234		-	440.15 No fingerprinting. Except as provided
235		-	under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5)
236		-	(b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
237		-	2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c)
238		-	9., and 455.50 (3) (e) 4. and (f) 4., the department or a cre-
239		-	dentialing board may not require that an applicant for a
240		-	credential or a credential holder be fingerprinted or sub-
241		-	mit fingerprints in connection with the department’s or
242		-	the credentialing board’s credentialing.
243		-	SECTION 23. 448.015 (4) (am) 2m. of the statutes is
244		-	renumbered 448.978 (1g) (a) and amended to read:
245		-	448.978 (1g) (a) A “Unprofessional conduct”
246		-	includes a determination made by a physician assistant
247		-	under ch. 154 or 155 if the physician assistant does not
248		-	have sufficient education, training, and experience to
249		-	make the determination.
250		-	SECTION 24. 448.971 (1L) of the statutes is created
251		-	to read:
252		-	448.971 (1L) “Compact” means the PA licensure
253		-	compact under s. 448.988.
254		-	SECTION 25. 448.971 (1m) of the statutes is created
255		-	to read:
256		-	448.971 (1m) “Compact privilege” means a compact
257		-	privilege, as defined in s. 448.988 (2) (b), that is granted
258		-	under the compact to an individual to practice in this
259		-	state.
260		-	SECTION 26. 448.971 (2) of the statutes is amended
261		-	to read:
262		-	448.971 (2) “Physician assistant” means a person
263		-	who is licensed under this subchapter or who holds a
264		-	compact privilege.
265		-	SECTION 27. 448.972 (1) of the statutes is amended
266		-	to read:
267		-	448.972 (1) Except as provided in subs. (2) and (3),
268		-	no person may represent himself or herself as a “PA” or
269		-	“physician assistant,” use or assume the title “PA” or
270		-	“physician assistant,” or append to the person’s name the
271		-	words or letters “physician assistant,” “PA,” “PA−C,” or
272		-	any other titles, letters, or designation that represents or
273		-	may tend to represent the person as a physician assistant, − 4 −2023 Wisconsin Act 2023 Senate Bill 400
274		-	unless he or she is licensed by the board under this sub-
275		-	chapter or holds a compact privilege.
276		-	SECTION 29. 448.973 (2) of the statutes is amended
277		-	to read:
278		-	448.973 (2) The board shall include in the register the
279		-	board maintains under s. 440.035 (1m) (d) the names
280		-	name of all persons each person whose licenses license
281		-	or compact privilege issued under this subchapter were
282		-	was suspended or revoked within the past 2 years. The
283		-	register shall be available for purchase at cost.
284		-	SECTION 30. 448.974 (title) of the statutes is
285		-	amended to read:
286		-	448.974 (title) License; compact privilege;
287		-	renewal.
288		-	SECTION 31. 448.974 (1m) of the statutes is created
289		-	to read:
290		-	448.974 (1m) The board shall grant a compact privi-
291		-	lege to any applicant who satisfies all of the following:
292		-	(a) The applicant holds a qualifying license, as
293		-	defined in s. 448.988 (2) (r), in another state that is a party
294		-	to the compact and satisfies all other requirements under
295		-	s. 448.988 (4).
296		-	(b) The individual applies for the compact privilege
297		-	in the manner prescribed by the department.
298		-	(c) The individual pays any fee established by the
299		-	department under s. 448.9885 (2).
300		-	SECTION 32. 448.974 (2) of the statutes is renum-
301		-	bered 448.974 (2) (am) and amended to read:
302		-	448.974 (2) (am) 1. The renewal date for a license
303		-	issued under this subchapter is specified under s. 440.08
304		-	(2) (a), and the renewal fees for such licenses are deter-
305		-	mined by the department under s. 440.03 (9) (a).
306		-	Renewal of a license is subject to par. (b) subd. 2.
307		-	2. An applicant for the renewal of a license under this
308		-	subchapter shall submit with his or her application for
309		-	renewal proof of having satisfied the continuing educa-
310		-	tion requirements imposed by the board under s. 448.973
311		-	(1) (b). This paragraph subdivision does not apply to an
312		-	applicant for renewal of a license that expires on the first
313		-	renewal date after the date on which the board initially
314		-	granted the license.
315		-	SECTION 33. 448.974 (2) (bm) of the statutes is cre-
316		-	ated to read:
317		-	448.974 (2) (bm) Renewal of a compact privilege
318		-	shall be governed by s. 448.988 (4) (b), except that the
319		-	board may impose requirements for prescribing con-
320		-	trolled substances in accordance with s. 448.988 (4) (d).
321		-	SECTION 34. 448.978 (1) of the statutes is renum-
322		-	bered 448.978 (1r).
323		-	SECTION 35. 448.978 (2) (intro.) of the statutes is
324		-	amended to read:
325		-	448.978 (2) (intro.) Subject to the rules promulgated
326		-	under s. 440.03 (1), if a person who applies for or holds
327		-	a license or compact privilege issued under s. 448.974
328		-	does any of the following, the board may reprimand the
329		-	person or deny, limit, suspend, or revoke the person’s
330		-	license or compact privilege:
331		-	SECTION 36. 448.978 (2) (a) of the statutes is
332		-	amended to read:
333		-	448.978 (2) (a) Makes a material misstatement in an
334		-	application for a license or compact privilege or an appli-
335		-	cation for renewal of a license or compact privilege under
336		-	s. 448.974.
337		-	SECTION 37. 448.978 (2) (d) (intro.) of the statutes is
338		-	renumbered 448.978 (2) (d) and amended to read:
	506	+	448.974 (2) (am) 1. The renewal date for a license issued under this subchapter
	507	+	is specified under s. 440.08 (2) (a), and the renewal fees for such licenses are
	508	+	determined by the department under s. 440.03 (9) (a). Renewal of a license is subject
	509	+	to par. (b) subd. 2.
	510	+	2. An applicant for the renewal of a license under this subchapter shall submit
	511	+	with his or her application for renewal proof of having satisfied the continuing
	512	+	education requirements imposed by the board under s. 448.973 (1) (b). This
	513	+	paragraph subdivision does not apply to an applicant for renewal of a license that
	514	+	expires on the first renewal date after the date on which the board initially granted
	515	+	the license.
	516	+	SECTION 33. 448.974 (2) (bm) of the statutes is created to read:
	517	+	1
	518	+	2
	519	+	3
	520	+	4
	521	+	5
	522	+	6
	523	+	7
	524	+	8
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	542	+	MED:emw
	543	+	SECTION 33 SENATE BILL 400
	544	+	448.974 (2) (bm) Renewal of a compact privilege shall be governed by s. 448.988
	545	+	(4) (b), except that the board may impose requirements for prescribing controlled
	546	+	substances in accordance with s. 448.988 (4) (d).
	547	+	SECTION 34. 448.978 (1) of the statutes is renumbered 448.978 (1r).
	548	+	SECTION 35. 448.978 (2) (intro.) of the statutes is amended to read:
	549	+	448.978 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), if a
	550	+	person who applies for or holds a license or compact privilege issued under s. 448.974
	551	+	does any of the following, the board may reprimand the person or deny, limit,
	552	+	suspend, or revoke the person's license or compact privilege:
	553	+	SECTION 36. 448.978 (2) (a) of the statutes is amended to read:
	554	+	448.978 (2) (a) Makes a material misstatement in an application for a license
	555	+	or compact privilege or an application for renewal of a license or compact privilege
	556	+	under s. 448.974.
	557	+	SECTION 37. 448.978 (2) (d) (intro.) of the statutes is renumbered 448.978 (2)
	558	+	(d) and amended to read:
339	559		448.978 (2) (d) Engages in unprofessional conduct.
340	560		(1g) In this paragraph, “unprofessional section:
341		-	(b) “Unprofessional conduct” does not include any
342		-	of the following:
343		-	SECTION 38. 448.978 (2) (d) 1. and 2. of the statutes
344		-	are renumbered 448.978 (1g) (b) 1. and 2.
345		-	SECTION 39. 448.978 (2) (g) of the statutes is
346		-	amended to read:
347		-	448.978 (2) (g) Engages in fraud or deceit in obtain-
348		-	ing or using his or her license or compact privilege.
349		-	SECTION 40. Subchapter XIII of chapter 448 [pre-
350		-	cedes 448.988] of the statutes is created to read:
	561	+	(b) “Unprofessional conduct" does not include any of the following:
	562	+	SECTION 38. 448.978 (2) (d) 1. and 2. of the statutes are renumbered 448.978
	563	+	(1g) (b) 1. and 2.
	564	+	SECTION 39. 448.978 (2) (g) of the statutes is amended to read:
	565	+	448.978 (2) (g) Engages in fraud or deceit in obtaining or using his or her license
	566	+	or compact privilege.
	567	+	SECTION 40. Subchapter XIII of chapter 448 [precedes 448.988] of the statutes
	568	+	is created to read:
	569	+	1
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	594	+	LRB-3922/1
	595	+	MED:emw
	596	+	SECTION 40
	597	+	SENATE BILL 400
351	598		CHAPTER 448
352	599		SUBCHAPTER XIII
353	600		PA LICENSURE COMP ACT
354		-	448.988 PA licensure compact. (1) PURPOSE. In
355		-	order to strengthen access to medical services, and in
356		-	recognition of the advances in the delivery of medical
357		-	services, the participating states of the PA licensure com-
358		-	pact have allied in common purpose to develop a compre-
359		-	hensive process that complements the existing authority
360		-	of state licensing boards to license and discipline PAs and
361		-	seeks to enhance the portability of a license to practice as
362		-	a PA while safeguarding the safety of patients. This com-
363		-	pact allows medical services to be provided by PAs, via
364		-	the mutual recognition of the licensee’s qualifying
365		-	license by other compact participating states. This com-
366		-	pact also adopts the prevailing standard for PA licensure
367		-	and affirms that the practice and delivery of medical ser-
368		-	vices by the PA occurs where the patient is located at the
369		-	time of the patient encounter, and therefore requires the
370		-	PA to be under the jurisdiction of the state licensing board
371		-	where the patient is located. State licensing boards that
372		-	participate in this compact retain the jurisdiction to
373		-	impose adverse action against a compact privilege in that
374		-	state issued to a PA through the procedures of this com-
375		-	pact. The PA licensure compact will alleviate burdens for
376		-	military families by allowing active duty military person-
377		-	nel and their spouses to obtain a compact privilege based
378		-	on having an unrestricted license in good standing from
379		-	a participating state.
	601	+	448.988 PA licensure compact. (1) PURPOSE. In order to strengthen access
	602	+	to medical services, and in recognition of the advances in the delivery of medical
	603	+	services, the participating states of the PA licensure compact have allied in common
	604	+	purpose to develop a comprehensive process that complements the existing authority
	605	+	of state licensing boards to license and discipline PAs and seeks to enhance the
	606	+	portability of a license to practice as a PA while safeguarding the safety of patients.
	607	+	This compact allows medical services to be provided by PAs, via the mutual
	608	+	recognition of the licensee's qualifying license by other compact participating states.
	609	+	This compact also adopts the prevailing standard for PA licensure and affirms that
	610	+	the practice and delivery of medical services by the PA occurs where the patient is
	611	+	located at the time of the patient encounter, and therefore requires the PA to be under
	612	+	the jurisdiction of the state licensing board where the patient is located. State
	613	+	licensing boards that participate in this compact retain the jurisdiction to impose
	614	+	adverse action against a compact privilege in that state issued to a PA through the
	615	+	procedures of this compact. The PA licensure compact will alleviate burdens for
	616	+	military families by allowing active duty military personnel and their spouses to
	617	+	obtain a compact privilege based on having an unrestricted license in good standing
	618	+	from a participating state.
380	619		(2) DEFINITIONS. In this compact:
381		-	(a) “Adverse action” means any administrative, civil,
382		-	equitable, or criminal action permitted by a state’s laws
383		-	which is imposed by a licensing board or other authority − 5 − 2023 Wisconsin Act 2023 Senate Bill 400
384		-	against a PA license or license application or compact
385		-	privilege such as license denial, censure, revocation, sus-
386		-	pension, probation, monitoring of the licensee, or restric-
387		-	tion on the licensee’s practice.
388		-	(b) “Compact privilege” means the authorization
389		-	granted by a remote state to allow a licensee from another
390		-	participating state to practice as a PA to provide medical
391		-	services and other licensed activity to a patient located in
392		-	the remote state under the remote state’s laws and regula-
393		-	tions.
394		-	(c) “Conviction” means a finding by a court that an
395		-	individual is guilty of a felony or misdemeanor offense
396		-	through adjudication or entry of a plea of guilt or no con-
397		-	test to the charge by the offender
398		-	(d) “Criminal background check” means the submis-
399		-	sion of fingerprints or other biometric−based information
400		-	for a license applicant for the purpose of obtaining that
401		-	applicant’s criminal history record information, as
402		-	defined in 28 CFR 20.3 (d), from the state’s criminal his-
403		-	tory record repository, as defined in 28 CFR 20.3 (f).
404		-	(e) “Data system” means the repository of informa-
405		-	tion about licensees, including but not limited to license
406		-	status and adverse actions, which is created and adminis-
407		-	tered under the terms of this compact.
408		-	(f) “Executive committee” means a group of direc-
409		-	tors and ex officio individuals elected or appointed pur-
410		-	suant to sub. (7) (f) 2.
411		-	(g) “Impaired practitioner” means a PA whose prac-
412		-	tice is adversely affected by health−related condition(s)
413		-	that impact their ability to practice.
414		-	(h) “Investigative information” means information,
415		-	records, or documents received or generated by a licens-
416		-	ing board pursuant to an investigation.
417		-	(i) “Jurisprudence requirement” means the assess-
418		-	ment of an individual’s knowledge of the laws and rules
419		-	governing the practice of a PA in a state.
420		-	(j) “License” means current authorization by a state,
421		-	other than authorization pursuant to a compact privilege,
422		-	for a PA to provide medical services, which would be
423		-	unlawful without current authorization.
424		-	(k) “Licensee” means an individual who holds a
425		-	license from a state to provide medical services as a PA.
426		-	(L) “Licensing board” means any state entity autho-
427		-	rized to license and otherwise regulate PAs.
428		-	(m) “Medical services” means health care services
429		-	provided for the diagnosis, prevention, treatment, cure or
430		-	relief of a health condition, injury, or disease, as defined
431		-	by a state’s laws and regulations.
432		-	(n) “Model compact” means the model for the PA
433		-	licensure compact on file with the Council of State Gov-
434		-	ernments or other entity as designated by the commis-
435		-	sion.
436		-	(o) “Participating state” means a state that has
437		-	enacted this compact.
438		-	(p) “PA” means an individual who is licensed as a
439		-	physician assistant in a state. For purposes of this com-
440		-	pact, any other title or status adopted by a state to replace
441		-	the term “physician assistant” shall be deemed synony-
442		-	mous with “physician assistant” and shall confer the
443		-	same rights and responsibilities to the licensee under the
444		-	provisions of this compact at the time of its enactment.
445		-	(q) “PA licensure compact commission,” “compact
446		-	commission,” or “commission” mean the national
447		-	administrative body created pursuant to sub. (7) (a).
448		-	(r) “Qualifying license” means an unrestricted
449		-	license issued by a participating state to provide medical
450		-	services as a PA.
451		-	(s) “Remote state” means a participating state where
452		-	a licensee who is not licensed as a PA is exercising or
453		-	seeking to exercise the compact privilege.
454		-	(t) “Rule” means a regulation promulgated by an
455		-	entity that has the force and effect of law.
456		-	(u) “Significant investigative information” means
457		-	investigative information that a licensing board, after an
458		-	inquiry or investigation that includes notification and an
459		-	opportunity for the PA to respond if required by state law,
460		-	has reason to believe is not groundless and, if proven true,
461		-	would indicate more than a minor infraction.
462		-	(v) “State” means any state, commonwealth, district,
463		-	or territory of the United States.
464		-	(3) STATE PARTICIPATION IN THIS COMPACT. (a) To par-
465		-	ticipate in this compact, a participating state shall:
	620	+	(a) “Adverse action” means any administrative, civil, equitable, or criminal
	621	+	action permitted by a state's laws which is imposed by a licensing board or other
	622	+	authority against a PA license or license application or compact privilege such as
	623	+	1
	624	+	2
	625	+	3
	626	+	4
	627	+	5
	628	+	6
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	630	+	8
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	633	+	11
	634	+	12
	635	+	13
	636	+	14
	637	+	15
	638	+	16
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	648	+	MED:emw
	649	+	SECTION 40 SENATE BILL 400
	650	+	license denial, censure, revocation, suspension, probation, monitoring of the
	651	+	licensee, or restriction on the licensee's practice.
	652	+	(b) “Compact privilege” means the authorization granted by a remote state to
	653	+	allow a licensee from another participating state to practice as a PA to provide
	654	+	medical services and other licensed activity to a patient located in the remote state
	655	+	under the remote state's laws and regulations.
	656	+	(c) “Conviction” means a finding by a court that an individual is guilty of a
	657	+	felony or misdemeanor offense through adjudication or entry of a plea of guilt or no
	658	+	contest to the charge by the offender
	659	+	(d) “Criminal background check” means the submission of fingerprints or other
	660	+	biometric-based information for a license applicant for the purpose of obtaining that
	661	+	applicant's criminal history record information, as defined in 28 CFR 20.3 (d), from
	662	+	the state's criminal history record repository as defined in 28 CFR 20.3 (f).
	663	+	(e) “Data system” means the repository of information about licensees,
	664	+	including but not limited to license status and adverse actions, which is created and
	665	+	administered under the terms of this compact.
	666	+	(f) “Executive committee” means a group of directors and ex officio individuals
	667	+	elected or appointed pursuant to sub. (7) (f) 2.
	668	+	(g) “Impaired practitioner” means a PA whose practice is adversely affected by
	669	+	health-related condition(s) that impact their ability to practice.
	670	+	(h) “Investigative information” means information, records, or documents
	671	+	received or generated by a licensing board pursuant to an investigation.
	672	+	(i) “Jurisprudence requirement” means the assessment of an individual's
	673	+	knowledge of the laws and rules governing the practice of a PA in a state.
	674	+	1
	675	+	2
	676	+	3
	677	+	4
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	698	+	LRB-3922/1
	699	+	MED:emw
	700	+	SECTION 40
	701	+	SENATE BILL 400
	702	+	(j) “License” means current authorization by a state, other than authorization
	703	+	pursuant to a compact privilege, for a PA to provide medical services, which would
	704	+	be unlawful without current authorization.
	705	+	(k) “Licensee” means an individual who holds a license from a state to provide
	706	+	medical services as a PA.
	707	+	(L) “Licensing board” means any state entity authorized to license and
	708	+	otherwise regulate PAs.
	709	+	(m) “Medical services” means health care services provided for the diagnosis,
	710	+	prevention, treatment, cure or relief of a health condition, injury, or disease, as
	711	+	defined by a state's laws and regulations.
	712	+	(n) “Model compact” means the model for the PA licensure compact on file with
	713	+	the Council of State Governments or other entity as designated by the commission.
	714	+	(o) “Participating state” means a state that has enacted this compact.
	715	+	(p) “PA” means an individual who is licensed as a physician assistant in a state.
	716	+	For purposes of this compact, any other title or status adopted by a state to replace
	717	+	the term “physician assistant” shall be deemed synonymous with “physician
	718	+	assistant” and shall confer the same rights and responsibilities to the licensee under
	719	+	the provisions of this compact at the time of its enactment.
	720	+	(q) “PA licensure compact commission,” “compact commission,” or
	721	+	“commission” mean the national administrative body created pursuant to sub. (7) (a).
	722	+	(r) “Qualifying license” means an unrestricted license issued by a participating
	723	+	state to provide medical services as a PA.
	724	+	(s) “Remote state” means a participating state where a licensee who is not
	725	+	licensed as a PA is exercising or seeking to exercise the compact privilege.
	726	+	1
	727	+	2
	728	+	3
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	750	+	MED:emw
	751	+	SECTION 40 SENATE BILL 400
	752	+	(t) “Rule” means a regulation promulgated by an entity that has the force and
	753	+	effect of law.
	754	+	(u) “Significant investigative information” means investigative information
	755	+	that a licensing board, after an inquiry or investigation that includes notification and
	756	+	an opportunity for the PA to respond if required by state law, has reason to believe
	757	+	is not groundless and, if proven true, would indicate more than a minor infraction.
	758	+	(v) “State” means any state, commonwealth, district, or territory of the United
	759	+	States.
	760	+	(3) STATE PARTICIPATION IN THIS COMPACT. (a) To participate in this compact, a
	761	+	participating state shall:
466	762		1. License PAs.
467		-	2. Participate in the compact commission’s data sys-
468		-	tem.
469		-	3. Have a mechanism in place for receiving and
470		-	investigating complaints against licensees and license
471		-	applicants.
472		-	4. Notify the commission, in compliance with the
473		-	terms of this compact and commission rules, of any
474		-	adverse action against a licensee or license applicant and
475		-	the existence of significant investigative information
476		-	regarding a licensee or license applicant.
477		-	5. Fully implement a criminal background check
478		-	requirement, within a time frame established by commis-
479		-	sion rule, by its licensing board receiving the results of a
480		-	criminal background check and reporting to the commis-
481		-	sion whether the license applicant has been granted a
482		-	license.
	763	+	2. Participate in the compact commission's data system.
	764	+	3. Have a mechanism in place for receiving and investigating complaints
	765	+	against licensees and license applicants.
	766	+	4. Notify the commission, in compliance with the terms of this compact and
	767	+	commission rules, of any adverse action against a licensee or license applicant and
	768	+	the existence of significant investigative information regarding a licensee or license
	769	+	applicant.
	770	+	5. Fully implement a criminal background check requirement, within a time
	771	+	frame established by commission rule, by its licensing board receiving the results of
	772	+	a criminal background check and reporting to the commission whether the license
	773	+	applicant has been granted a license.
483	774		6. Comply with the rules of the compact commission.
484		-	7. Utilize passage of a recognized national exam such
485		-	as the NCCPA PANCE as a requirement for PA licensure.
486		-	8. Grant the compact privilege to a holder of a quali-
487		-	fying license in a participating state.
488		-	(b) Nothing in this compact prohibits a participating
489		-	state from charging a fee for granting the compact privi-
490		-	lege.
491		-	(4) COMPACT PRIVILEGE. (a) To exercise the compact
492		-	privilege, a licensee must:
493		-	1. Have graduated from a PA program accredited by
494		-	the Accreditation Review Commission on Education for − 6 −2023 Wisconsin Act 2023 Senate Bill 400
495		-	the Physician Assistant, Inc. or other programs autho-
496		-	rized by commission rule.
	775	+	7. Utilize passage of a recognized national exam such as the NCCPA PANCE
	776	+	as a requirement for PA licensure.
	777	+	1
	778	+	2
	779	+	3
	780	+	4
	781	+	5
	782	+	6
	783	+	7
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	788	+	12
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	790	+	14
	791	+	15
	792	+	16
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	794	+	18
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	802	+	LRB-3922/1
	803	+	MED:emw
	804	+	SECTION 40
	805	+	SENATE BILL 400
	806	+	8. Grant the compact privilege to a holder of a qualifying license in a
	807	+	participating state.
	808	+	(b) Nothing in this compact prohibits a participating state from charging a fee
	809	+	for granting the compact privilege.
	810	+	(4) COMPACT PRIVILEGE. (a) To exercise the compact privilege, a licensee must:
	811	+	1. Have graduated from a PA program accredited by the Accreditation Review
	812	+	Commission on Education for the Physician Assistant, Inc. or other programs
	813	+	authorized by commission rule.
497	814		2. Hold current NCCPA certification.
498	815		3. Have no felony or misdemeanor conviction.
499		-	4. Have never had a controlled substance license, per-
500		-	mit, or registration suspended or revoked by a state or by
501		-	the United States drug enforcement administration.
502		-	5. Have a unique identifier as determined by commis-
503		-	sion rule.
	816	+	4. Have never had a controlled substance license, permit, or registration
	817	+	suspended or revoked by a state or by the United States drug enforcement
	818	+	administration.
	819	+	5. Have a unique identifier as determined by commission rule.
504	820		6. Hold a qualifying license.
505		-	7. Have had no revocation of a license or limitation
506		-	or restriction on any license currently held due to an
	821	+	7. Have had no revocation of a license or limitation or restriction on any license
	822	+	currently held due to an adverse action.
	823	+	8. If a licensee has had a limitation or restriction on a license or compact
	824	+	privilege due to an adverse action, two years must have elapsed from the date on
	825	+	which the license or compact privilege is no longer limited or restricted due to the
507	826		adverse action.
508		-	8. If a licensee has had a limitation or restriction on
509		-	a license or compact privilege due to an adverse action,
510		-	two years must have elapsed from the date on which the
511		-	license or compact privilege is no longer limited or
512		-	restricted due to the adverse action.
513		-	9. If a compact privilege has been revoked or is lim-
514		-	ited or restricted in a participating state for conduct that
515		-	would not be a basis for disciplinary action in a participat-
516		-	ing state in which the licensee is practicing or applying
517		-	to practice under a compact privilege, that participating
518		-	state shall have the discretion not to consider such action
519		-	as an adverse action requiring the denial or removal of a
520		-	compact privilege in that state.
521		-	10. Notify the compact commission that the licensee
522		-	is seeking the compact privilege in a remote state.
523		-	11. Meet any jurisprudence requirement of a remote
524		-	state in which the licensee is seeking to practice under the
525		-	compact privilege and pay any fees applicable to satisfy-
526		-	ing the jurisprudence requirement.
527		-	12. Report to the commission any adverse action
528		-	taken by a nonparticipating state within thirty (30) days
529		-	after the action is taken.
530		-	(b) The compact privilege is valid until the expiration
531		-	or revocation of the qualifying license unless terminated
532		-	pursuant to an adverse action. The licensee must also
533		-	comply with all of the requirements of par. (a) above to
534		-	maintain the compact privilege in a remote state. If the
535		-	participating state takes adverse action against a qualify-
536		-	ing license, the licensee shall lose the compact privilege
537		-	in any remote state in which the licensee has a compact
538		-	privilege until all of the following occur:
	827	+	9. If a compact privilege has been revoked or is limited or restricted in a
	828	+	participating state for conduct that would not be a basis for disciplinary action in a
	829	+	participating state in which the licensee is practicing or applying to practice under
	830	+	a compact privilege, that participating state shall have the discretion not to consider
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	857	+	SECTION 40 SENATE BILL 400
	858	+	such action as an adverse action requiring the denial or removal of a compact
	859	+	privilege in that state.
	860	+	10. Notify the compact commission that the licensee is seeking the compact
	861	+	privilege in a remote state.
	862	+	11. Meet any jurisprudence requirement of a remote state in which the licensee
	863	+	is seeking to practice under the compact privilege and pay any fees applicable to
	864	+	satisfying the jurisprudence requirement.
	865	+	12. Report to the commission any adverse action taken by a nonparticipating
	866	+	state within thirty (30) days after the action is taken.
	867	+	(b) The compact privilege is valid until the expiration or revocation of the
	868	+	qualifying license unless terminated pursuant to an adverse action. The licensee
	869	+	must also comply with all of the requirements of par. (a) above to maintain the
	870	+	compact privilege in a remote state. If the participating state takes adverse action
	871	+	against a qualifying license, the licensee shall lose the compact privilege in any
	872	+	remote state in which the licensee has a compact privilege until all of the following
	873	+	occur:
539	874		1. The license is no longer limited or restricted; and
540		-	2. Two (2) years have elapsed from the date on which
541		-	the license is no longer limited or restricted due to the
542		-	adverse action.
543		-	(c) Once a restricted or limited license satisfies the
544		-	requirements of par. (b) 1. and 2., the licensee must meet
545		-	the requirements of par. (a) to obtain a compact privilege
546		-	in any remote state.
547		-	(d) For each remote state in which a PA seeks author-
548		-	ity to prescribe controlled substances, the PA shall satisfy
549		-	all requirements imposed by such state in granting or
550		-	renewing such authority.
551		-	(5) DESIGNATION OF THE STATE FROM WHICH LICENSEE
552		-	IS APPLYING FOR A COMPACT PRIVILEGE. Upon a licensee’s
553		-	application for a compact privilege, the licensee shall
554		-	identify to the commission the participating state from
555		-	which the licensee is applying, in accordance with appli-
556		-	cable rules adopted by the commission, and subject to the
557		-	following requirements:
558		-	(a) When applying for a compact privilege, the
559		-	licensee shall provide the commission with the address of
560		-	the licensee’s primary residence and thereafter shall
561		-	immediately report to the commission any change in the
562		-	address of the licensee’s primary residence.
563		-	(b) When applying for a compact privilege, the
564		-	licensee is required to consent to accept service of
565		-	process by mail at the licensee’s primary residence on file
566		-	with the commission with respect to any action brought
567		-	against the licensee by the commission or a participating
568		-	state, including a subpoena, with respect to any action
569		-	brought or investigation conducted by the commission or
570		-	a participating state.
571		-	(6) ADVERSE ACTIONS. (a) A participating state in
572		-	which a licensee is licensed shall have exclusive power
573		-	to impose adverse action against the qualifying license
	875	+	2. Two (2) years have elapsed from the date on which the license is no longer
	876	+	limited or restricted due to the adverse action.
	877	+	(c) Once a restricted or limited license satisfies the requirements of par. (b) 1.
	878	+	and 2., the licensee must meet the requirements of par. (a) to obtain a compact
	879	+	privilege in any remote state.
	880	+	(d) For each remote state in which a PA seeks authority to prescribe controlled
	881	+	substances, the PA shall satisfy all requirements imposed by such state in granting
	882	+	or renewing such authority.
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	910	+	SECTION 40
	911	+	SENATE BILL 400
	912	+	(5) DESIGNATION OF THE STATE FROM WHICH LICENSEE IS APPLYING FOR A COMPACT
	913	+	PRIVILEGE. (a) Upon a licensee's application for a compact privilege, the licensee shall
	914	+	identify to the commission the participating state from which the licensee is
	915	+	applying, in accordance with applicable rules adopted by the commission, and
	916	+	subject to the following requirements:
	917	+	1. When applying for a compact privilege, the licensee shall provide the
	918	+	commission with the address of the licensee's primary residence and thereafter shall
	919	+	immediately report to the commission any change in the address of the licensee's
	920	+	primary residence.
	921	+	2. When applying for a compact privilege, the licensee is required to consent
	922	+	to accept service of process by mail at the licensee's primary residence on file with
	923	+	the commission with respect to any action brought against the licensee by the
	924	+	commission or a participating state, including a subpoena, with respect to any action
	925	+	brought or investigation conducted by the commission or a participating state.
	926	+	(6) ADVERSE ACTIONS. (a) A participating state in which a licensee is licensed
	927	+	shall have exclusive power to impose adverse action against the qualifying license
574	928		issued by that participating state.
575		-	(b) In addition to the other powers conferred by state
576		-	law, a remote state shall have the authority, in accordance
577		-	with existing state due process law, to do all of the follow-
578		-	ing:
579		-	1. Take adverse action against a PA’s compact privi-
580		-	lege within that state to remove a licensee’s compact
581		-	privilege or take other action necessary under applicable
	929	+	(b) In addition to the other powers conferred by state law, a remote state shall
	930	+	have the authority, in accordance with existing state due process law, to do all of the
	931	+	following:
	932	+	1. Take adverse action against a PA's compact privilege within that state to
	933	+	remove a licensee's compact privilege or take other action necessary under applicable
582	934		law to protect the health and safety of its citizens.
583		-	2. Issue subpoenas for both hearings and investiga-
584		-	tions that require the attendance and testimony of wit-
585		-	nesses as well as the production of evidence. Subpoenas
586		-	issued by a licensing board in a participating state for the
587		-	attendance and testimony of witnesses or the production
588		-	of evidence from another participating state shall be
589		-	enforced in the latter state by any court of competent
590		-	jurisdiction, according to the practice and procedure of
591		-	that court applicable to subpoenas issued in proceedings
592		-	pending before it. The issuing authority shall pay any
593		-	witness fees, travel expenses, mileage and other fees
594		-	required by the service statutes of the state in which the
595		-	witnesses or evidence are located.
596		-	3. Notwithstanding subd. 2., subpoenas may not be
597		-	issued by a participating state to gather evidence of con-
598		-	duct in another state that is lawful in that other state for
599		-	the purpose of taking adverse action against a licensee’s
600		-	compact privilege or application for a compact privilege
601		-	in that participating state.
602		-	4. Nothing in this compact authorizes a participating
603		-	state to impose discipline against a PA’s compact privi-
604		-	lege or to deny an application for a compact privilege in
605		-	that participating state for the individual’s otherwise
606		-	lawful practice in another state. − 7 − 2023 Wisconsin Act 2023 Senate Bill 400
607		-	(c) For purposes of taking adverse action, the partici-
608		-	pating state which issued the qualifying license shall give
609		-	the same priority and effect to reported conduct received
610		-	from any other participating state as it would if the con-
611		-	duct had occurred within the participating state which
612		-	issued the qualifying license. In so doing, that participat-
613		-	ing state shall apply its own state laws to determine
614		-	appropriate action.
615		-	(d) A participating state, if otherwise permitted by
616		-	state law, may recover from the affected PA the costs of
617		-	investigations and disposition of cases resulting from any
	935	+	2. Issue subpoenas for both hearings and investigations that require the
	936	+	attendance and testimony of witnesses as well as the production of evidence.
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	963	+	SECTION 40 SENATE BILL 400
	964	+	Subpoenas issued by a licensing board in a participating state for the attendance and
	965	+	testimony of witnesses or the production of evidence from another participating state
	966	+	shall be enforced in the latter state by any court of competent jurisdiction, according
	967	+	to the practice and procedure of that court applicable to subpoenas issued in
	968	+	proceedings pending before it. The issuing authority shall pay any witness fees,
	969	+	travel expenses, mileage and other fees required by the service statutes of the state
	970	+	in which the witnesses or evidence are located.
	971	+	3. Notwithstanding subd. 2., subpoenas may not be issued by a participating
	972	+	state to gather evidence of conduct in another state that is lawful in that other state
	973	+	for the purpose of taking adverse action against a licensee's compact privilege or
	974	+	application for a compact privilege in that participating state.
	975	+	4. Nothing in this compact authorizes a participating state to impose discipline
	976	+	against a PA's compact privilege or to deny an application for a compact privilege in
	977	+	that participating state for the individual's otherwise lawful practice in another
	978	+	state.
	979	+	(c) For purposes of taking adverse action, the participating state which issued
	980	+	the qualifying license shall give the same priority and effect to reported conduct
	981	+	received from any other participating state as it would if the conduct had occurred
	982	+	within the participating state which issued the qualifying license. In so doing, that
	983	+	participating state shall apply its own state laws to determine appropriate action.
	984	+	(d) A participating state, if otherwise permitted by state law, may recover from
	985	+	the affected PA the costs of investigations and disposition of cases resulting from any
618	986		adverse action taken against that PA.
619		-	(e) A participating state may take adverse action
620		-	based on the factual findings of a remote state, provided
621		-	that the participating state follows its own procedures for
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	1012	+	SECTION 40
	1013	+	SENATE BILL 400
	1014	+	(e) A participating state may take adverse action based on the factual findings
	1015	+	of a remote state, provided that the participating state follows its own procedures for
622	1016		taking the adverse action.
623		-	(f) Joint investigations. 1. In addition to the author-
624		-	ity granted to a participating state by its respective state
625		-	PA laws and regulations or other applicable state law, any
626		-	participating state may participate with other participat-
627		-	ing states in joint investigations of licensees.
628		-	2. Participating states shall share any investigative,
629		-	litigation, or compliance materials in furtherance of any
630		-	joint or individual investigation initiated under this com-
631		-	pact.
632		-	(g) If an adverse action is taken against a PA’s quali-
633		-	fying license, the PA’s compact privilege in all remote
634		-	states shall be deactivated until two (2) years have
635		-	elapsed after all restrictions have been removed from the
636		-	state license. All disciplinary orders by the participating
637		-	state which issued the qualifying license that impose
638		-	adverse action against a PA’s license shall include a state-
639		-	ment that the PA’s compact privilege is deactivated in all
640		-	participating states during the pendency of the order.
641		-	(h) If any participating state takes adverse action, it
642		-	promptly shall notify the administrator of the data sys-
643		-	tem.
644		-	(7) ESTABLISHMENT OF THE PA LICENSURE COMPACT
645		-	COMMISSION. (a) The participating states hereby create
646		-	and establish a joint government agency and national
647		-	administrative body known as the PA licensure compact
648		-	commission. The commission is an instrumentality of
649		-	the compact states acting jointly and not an instrumental-
650		-	ity of any one state. The commission shall come into
651		-	existence on or after the effective date of the compact as
652		-	set forth in sub. (11) (a).
653		-	(b) Membership, voting, and meetings. 1. Each par-
654		-	ticipating state shall have and be limited to one (1) dele-
655		-	gate selected by that participating state’s licensing board
656		-	or, if the state has more than one licensing board, selected
657		-	collectively by the participating state’s licensing boards.
	1017	+	(f) Joint investigations. 1. In addition to the authority granted to a
	1018	+	participating state by its respective state PA laws and regulations or other applicable
	1019	+	state law, any participating state may participate with other participating states in
	1020	+	joint investigations of licensees.
	1021	+	2. Participating states shall share any investigative, litigation, or compliance
	1022	+	materials in furtherance of any joint or individual investigation initiated under this
	1023	+	compact.
	1024	+	(g) If an adverse action is taken against a PA's qualifying license, the PA's
	1025	+	compact privilege in all remote states shall be deactivated until two (2) years have
	1026	+	elapsed after all restrictions have been removed from the state license. All
	1027	+	disciplinary orders by the participating state which issued the qualifying license that
	1028	+	impose adverse action against a PA's license shall include a statement that the PA's
	1029	+	compact privilege is deactivated in all participating states during the pendency of the
	1030	+	order.
	1031	+	(h) If any participating state takes adverse action, it promptly shall notify the
	1032	+	administrator of the data system.
	1033	+	(7) ESTABLISHMENT OF THE PA LICENSURE COMPACT COMMISSION. (a) The
	1034	+	participating states hereby create and establish a joint government agency and
	1035	+	national administrative body known as the PA licensure compact commission. The
	1036	+	commission is an instrumentality of the compact states acting jointly and not an
	1037	+	instrumentality of any one state. The commission shall come into existence on or
	1038	+	after the effective date of the compact as set forth in sub. (11) (a).
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	1065	+	SECTION 40 SENATE BILL 400
	1066	+	(b) Membership, voting, and meetings. 1. Each participating state shall have
	1067	+	and be limited to one (1) delegate selected by that participating state's licensing
	1068	+	board or, if the state has more than one licensing board, selected collectively by the
	1069	+	participating state's licensing boards.
658	1070		2. The delegate shall be either:
659		-	a. A current PA, physician or public member of a
660		-	~~licensing board or PA~~ council/committee; or
	1071	+	a. A current PA, physician or public member of a licensing board or PA
	1072	+	council/committee; or
661	1073		b. An administrator of a licensing board.
662		-	3. Any delegate may be removed or suspended from
663		-	office as provided by the laws of the state from which the
664		-	delegate is appointed.
665		-	4. The participating state licensing board shall fill
666		-	any vacancy occurring in the commission within sixty
667		-	(60) days.
668		-	5. Each delegate shall be entitled to one (1) vote on
669		-	all matters voted on by the commission and shall other-
670		-	wise have an opportunity to participate in the business
671		-	and affairs of the commission. A delegate shall vote in
672		-	person or by such other means as provided in the bylaws.
673		-	The bylaws may provide for delegates’ participation in
674		-	meetings by telecommunications, video conference, or
675		-	other means of communication.
676		-	6. The commission shall meet at least once during
677		-	each calendar year. Additional meetings shall be held as
678		-	set forth in this compact and the bylaws.
679		-	7. The commission shall establish by rule a term of
680		-	office for delegates.
681		-	(c) The commission shall have the following powers
682		-	and duties:
	1074	+	3. Any delegate may be removed or suspended from office as provided by the
	1075	+	laws of the state from which the delegate is appointed.
	1076	+	4. The participating state licensing board shall fill any vacancy occurring in the
	1077	+	commission within sixty (60) days.
	1078	+	5. Each delegate shall be entitled to one (1) vote on all matters voted on by the
	1079	+	commission and shall otherwise have an opportunity to participate in the business
	1080	+	and affairs of the commission. A delegate shall vote in person or by such other means
	1081	+	as provided in the bylaws. The bylaws may provide for delegates' participation in
	1082	+	meetings by telecommunications, video conference, or other means of
	1083	+	communication.
	1084	+	6. The commission shall meet at least once during each calendar year.
	1085	+	Additional meetings shall be held as set forth in this compact and the bylaws.
	1086	+	7. The commission shall establish by rule a term of office for delegates.
	1087	+	(c) The commission shall have the following powers and duties:
683	1088		1. Establish a code of ethics for the commission;
684	1089		2. Establish the fiscal year of the commission;
685	1090		3. Establish fees;
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	1118	+	SECTION 40
	1119	+	SENATE BILL 400
686	1120		4. Establish bylaws;
687		-	5. Maintain its financial records in accordance with
688		-	the bylaws;
689		-	6. Meet and take such actions as are consistent with
690		-	the provisions of this compact and the bylaws;
691		-	7. Promulgate rules to facilitate and coordinate
692		-	implementation and administration of this compact. The
693		-	rules shall have the force and effect of law and shall be
694		-	binding in all participating states;
695		-	8. Bring and prosecute legal proceedings or actions
696		-	in the name of the commission, provided that the standing
697		-	of any state licensing board to sue or be sued under appli-
698		-	cable law shall not be affected;
	1121	+	5. Maintain its financial records in accordance with the bylaws;
	1122	+	6. Meet and take such actions as are consistent with the provisions of this
	1123	+	compact and the bylaws;
	1124	+	7. Promulgate rules to facilitate and coordinate implementation and
	1125	+	administration of this compact. The rules shall have the force and effect of law and
	1126	+	shall be binding in all participating states;
	1127	+	8. Bring and prosecute legal proceedings or actions in the name of the
	1128	+	commission, provided that the standing of any state licensing board to sue or be sued
	1129	+	under applicable law shall not be affected;
699	1130		9. Purchase and maintain insurance and bonds;
700		-	10. Borrow, accept, or contract for services of per-
701		-	sonnel, including, but not limited to, employees of a par-
702		-	ticipating state;
703		-	11. Hire employees and engage contractors, elect or
704		-	appoint officers, fix compensation, define duties, grant
705		-	such individuals appropriate authority to carry out the
706		-	purposes of this compact, and establish the commission’s
707		-	personnel policies and programs relating to conflicts of
708		-	interest, qualifications of personnel, and other related
709		-	personnel matters;
710		-	12. Accept any and all appropriate donations and
711		-	grants of money, equipment, supplies, materials and ser-
712		-	vices, and receive, utilize and dispose of the same; pro-
713		-	vided that at all times the commission shall avoid any
714		-	appearance of impropriety or conflict of interest;
715		-	13. Lease, purchase, accept appropriate gifts or dona-
716		-	tions of, or otherwise own, hold, improve or use, any − 8 −2023 Wisconsin Act 2023 Senate Bill 400
717		-	property, real, personal or mixed; provided that at all
718		-	times the commission shall avoid any appearance of
719		-	impropriety;
720		-	14. Sell, convey, mortgage, pledge, lease, exchange,
721		-	abandon, or otherwise dispose of any property real, per-
722		-	sonal, or mixed;
	1131	+	10. Borrow, accept, or contract for services of personnel, including, but not
	1132	+	limited to, employees of a participating state;
	1133	+	11. Hire employees and engage contractors, elect or appoint officers, fix
	1134	+	compensation, define duties, grant such individuals appropriate authority to carry
	1135	+	out the purposes of this compact, and establish the commission's personnel policies
	1136	+	and programs relating to conflicts of interest, qualifications of personnel, and other
	1137	+	related personnel matters;
	1138	+	12. Accept any and all appropriate donations and grants of money, equipment,
	1139	+	supplies, materials and services, and receive, utilize and dispose of the same;
	1140	+	provided that at all times the commission shall avoid any appearance of impropriety
	1141	+	or conflict of interest;
	1142	+	13. Lease, purchase, accept appropriate gifts or donations of, or otherwise own,
	1143	+	hold, improve or use, any property, real, personal or mixed; provided that at all times
	1144	+	the commission shall avoid any appearance of impropriety;
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	1172	+	14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
	1173	+	dispose of any property real, personal, or mixed;
723	1174		15. Establish a budget and make expenditures;
724	1175		16. Borrow money;
725		-	17. Appoint committees, including standing commit-
726		-	tees composed of members, state regulators, state legisla-
727		-	tors or their representatives, and consumer representa-
728		-	tives, and such other interested persons as may be
729		-	designated in this compact and the bylaws;
730		-	18. Provide and receive information from, and coop-
731		-	erate with, law enforcement agencies;
732		-	19. Elect a chair, vice chair, secretary and treasurer
733		-	and such other officers of the commission as provided in
734		-	the commission’s bylaws.
735		-	20. Reserve for itself, in addition to those reserved
736		-	exclusively to the commission under the compact, pow-
737		-	ers that the executive committee may not exercise;
738		-	21. Approve or disapprove a state’s participation in
739		-	the compact based upon its determination as to whether
740		-	the state’s compact legislation departs in a material man-
741		-	ner from the model compact language;
742		-	22. Prepare and provide to the participating states an
743		-	annual report; and
744		-	23. Perform such other functions as may be necessary
745		-	or appropriate to achieve the purposes of this compact
746		-	consistent with the state regulation of PA licensure and
	1176	+	17. Appoint committees, including standing committees composed of members,
	1177	+	state regulators, state legislators or their representatives, and consumer
	1178	+	representatives, and such other interested persons as may be designated in this
	1179	+	compact and the bylaws;
	1180	+	18. Provide and receive information from, and cooperate with, law enforcement
	1181	+	agencies;
	1182	+	19. Elect a chair, vice chair, secretary and treasurer and such other officers of
	1183	+	the commission as provided in the commission's bylaws.
	1184	+	20. Reserve for itself, in addition to those reserved exclusively to the
	1185	+	commission under the compact, powers that the executive committee may not
	1186	+	exercise;
	1187	+	21. Approve or disapprove a state's participation in the compact based upon its
	1188	+	determination as to whether the state's compact legislation departs in a material
	1189	+	manner from the model compact language;
	1190	+	22. Prepare and provide to the participating states an annual report; and
	1191	+	23. Perform such other functions as may be necessary or appropriate to achieve
	1192	+	the purposes of this compact consistent with the state regulation of PA licensure and
747	1193		practice.
748		-	(d) Meetings of the commission. 1. All meetings of
749		-	the commission that are not closed pursuant to this para-
750		-	graph shall be open to the public. Notice of public meet-
751		-	ings shall be posted on the commission’s website at least
752		-	thirty (30) days prior to the public meeting.
753		-	2. Notwithstanding subd. 1., the commission may
754		-	convene a public meeting by providing at least twenty−
755		-	four (24) hours prior notice on the commission’s website,
756		-	and any other means as provided in the commission’s
757		-	rules, for any of the reasons it may dispense with notice
758		-	of proposed rulemaking under sub. (9) (L).
759		-	3. The commission may convene in a closed, non-
760		-	public meeting or nonpublic part of a public meeting to
761		-	receive legal advice or to discuss:
762		-	a. Noncompliance of a participating state with its
763		-	obligations under this compact;
764		-	b. The employment, compensation, discipline or
765		-	other matters, practices or procedures related to specific
766		-	employees or other matters related to the commission’s
	1194	+	(d) Meetings of the commission. 1. All meetings of the commission that are not
	1195	+	closed pursuant to this paragraph shall be open to the public. Notice of public
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	1224	+	meetings shall be posted on the commission's website at least thirty (30) days prior
	1225	+	to the public meeting.
	1226	+	2. Notwithstanding subd. 1., the commission may convene a public meeting by
	1227	+	providing at least twenty-four (24) hours prior notice on the commission's website,
	1228	+	and any other means as provided in the commission's rules, for any of the reasons
	1229	+	it may dispense with notice of proposed rulemaking under sub. (9) (L).
	1230	+	3. The commission may convene in a closed, nonpublic meeting or nonpublic
	1231	+	part of a public meeting to receive legal advice or to discuss:
	1232	+	a. Noncompliance of a participating state with its obligations under this
	1233	+	compact;
	1234	+	b. The employment, compensation, discipline or other matters, practices or
	1235	+	procedures related to specific employees or other matters related to the commission's
767	1236		internal personnel practices and procedures;
768		-	c. Current, threatened, or reasonably anticipated liti-
769		-	gation;
770		-	d. Negotiation of contracts for the purchase, lease, or
771		-	sale of goods, services, or real estate;
772		-	e. Accusing any person of a crime or formally censur-
773		-	ing any person;
774		-	f. Disclosure of trade secrets or commercial or finan-
775		-	cial information that is privileged or confidential;
776		-	g. Disclosure of information of a personal nature
777		-	where disclosure would constitute a clearly unwarranted
778		-	invasion of personal privacy;
779		-	h. Disclosure of investigative records compiled for
780		-	law enforcement purposes;
781		-	i. Disclosure of information related to any investiga-
782		-	tive reports prepared by or on behalf of or for use of the
783		-	commission or other committee charged with responsi-
784		-	bility of investigation or determination of compliance
785		-	issues pursuant to this compact;
	1237	+	c. Current, threatened, or reasonably anticipated litigation;
	1238	+	d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
	1239	+	real estate;
	1240	+	e. Accusing any person of a crime or formally censuring any person;
	1241	+	f. Disclosure of trade secrets or commercial or financial information that is
	1242	+	privileged or confidential;
	1243	+	g. Disclosure of information of a personal nature where disclosure would
	1244	+	constitute a clearly unwarranted invasion of personal privacy;
	1245	+	h. Disclosure of investigative records compiled for law enforcement purposes;
	1246	+	i. Disclosure of information related to any investigative reports prepared by or
	1247	+	on behalf of or for use of the commission or other committee charged with
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	1274	+	responsibility of investigation or determination of compliance issues pursuant to this
	1275	+	compact;
786	1276		j. Legal advice; or
787		-	k. Matters specifically exempted from disclosure by
788		-	federal or participating states’ statutes.
789		-	4. If a meeting, or portion of a meeting, is closed pur-
790		-	suant to this provision, the chair of the meeting or the
791		-	chair’s designee shall certify that the meeting or portion
792		-	of the meeting may be closed and shall reference each rel-
793		-	evant exempting provision.
794		-	5. The commission shall keep minutes that fully and
795		-	clearly describe all matters discussed in a meeting and
796		-	shall provide a full and accurate summary of actions
797		-	taken, including a description of the views expressed. All
798		-	documents considered in connection with an action shall
799		-	be identified in such minutes. All minutes and docu-
800		-	ments of a closed meeting shall remain under seal, sub-
801		-	ject to release by a majority vote of the commission or
802		-	order of a court of competent jurisdiction.
803		-	(e) Financing of the commission. 1. The commission
804		-	shall pay, or provide for the payment of, the reasonable
805		-	expenses of its establishment, organization, and ongoing
806		-	activities.
807		-	2. The commission may accept any and all appropri-
808		-	ate revenue sources, donations, and grants of money,
809		-	equipment, supplies, materials, and services.
810		-	3. The commission may levy on and collect an annual
811		-	assessment from each participating state and may impose
812		-	compact privilege fees on licensees of participating states
813		-	to whom a compact privilege is granted to cover the cost
814		-	of the operations and activities of the commission and its
815		-	staff, which must be in a total amount sufficient to cover
816		-	its annual budget as approved by the commission each
817		-	year for which revenue is not provided by other sources.
818		-	The aggregate annual assessment amount levied on par-
819		-	ticipating states shall be allocated based upon a formula
820		-	to be determined by commission rule.
821		-	a. A compact privilege expires when the licensee’s
822		-	qualifying license in the participating state from which
823		-	the licensee applied for the compact privilege expires.
824		-	b. If the licensee terminates the qualifying license
825		-	through which the licensee applied for the compact privi-
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827		-	a qualifying license in another participating state, the
828		-	licensee shall inform the commission that it is changing
829		-	to that participating state the participating state through
830		-	which it applies for a compact privilege and pay to the
831		-	commission any compact privilege fee required by com-
832		-	mission rule.
833		-	4. The commission shall not incur obligations of any
834		-	kind prior to securing the funds adequate to meet the
835		-	same; nor shall the commission pledge the credit of any
836		-	of the participating states, except by and with the author-
837		-	ity of the participating state.
838		-	5. The commission shall keep accurate accounts of
839		-	all receipts and disbursements. The receipts and dis-
840		-	bursements of the commission shall be subject to the
841		-	financial review and accounting procedures established
842		-	under its bylaws. All receipts and disbursements of funds
843		-	handled by the commission shall be subject to an annual
844		-	financial review by a certified or licensed public account-
845		-	ant, and the report of the financial review shall be
846		-	included in and become part of the annual report of the
847		-	commission.
848		-	(f) The executive committee. 1. The executive com-
849		-	mittee shall have the power to act on behalf of the com-
850		-	mission according to the terms of this compact and com-
851		-	mission rules.
852		-	2. The executive committee shall be composed of
853		-	nine (9) members:
854		-	a. Seven voting members who are elected by the
855		-	commission from the current membership of the com-
856		-	mission;
857		-	b. One ex officio, nonvoting member from a recog-
858		-	nized national PA professional association; and
859		-	c. One ex officio, nonvoting member from a recog-
860		-	nized national PA certification organization.
861		-	3. The ex officio members will be selected by their
862		-	respective organizations.
863		-	4. The commission may remove any member of the
864		-	executive committee as provided in its bylaws.
865		-	5. The executive committee shall meet at least annu-
866		-	ally.
867		-	6. The executive committee shall have the following
868		-	duties and responsibilities:
869		-	a. Recommend to the commission changes to the
870		-	commission’s rules or bylaws, changes to this compact
871		-	legislation, fees to be paid by compact participating states
872		-	such as annual dues, and any commission compact fee
873		-	charged to licensees for the compact privilege;
874		-	b. Ensure compact administration services are appro-
875		-	priately provided, contractual or otherwise;
	1277	+	k. Matters specifically exempted from disclosure by federal or participating
	1278	+	states' statutes.
	1279	+	4. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
	1280	+	chair of the meeting or the chair's designee shall certify that the meeting or portion
	1281	+	of the meeting may be closed and shall reference each relevant exempting provision.
	1282	+	5. The commission shall keep minutes that fully and clearly describe all
	1283	+	matters discussed in a meeting and shall provide a full and accurate summary of
	1284	+	actions taken, including a description of the views expressed. All documents
	1285	+	considered in connection with an action shall be identified in such minutes. All
	1286	+	minutes and documents of a closed meeting shall remain under seal, subject to
	1287	+	release by a majority vote of the commission or order of a court of competent
	1288	+	jurisdiction.
	1289	+	(e) Financing of the commission. 1. The commission shall pay, or provide for
	1290	+	the payment of, the reasonable expenses of its establishment, organization, and
	1291	+	ongoing activities.
	1292	+	2. The commission may accept any and all appropriate revenue sources,
	1293	+	donations, and grants of money, equipment, supplies, materials, and services.
	1294	+	3. The commission may levy on and collect an annual assessment from each
	1295	+	participating state and may impose compact privilege fees on licensees of
	1296	+	participating states to whom a compact privilege is granted to cover the cost of the
	1297	+	operations and activities of the commission and its staff, which must be in a total
	1298	+	amount sufficient to cover its annual budget as approved by the commission each
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	1328	+	year for which revenue is not provided by other sources. The aggregate annual
	1329	+	assessment amount levied on participating states shall be allocated based upon a
	1330	+	formula to be determined by commission rule.
	1331	+	a. A compact privilege expires when the licensee's qualifying license in the
	1332	+	participating state from which the licensee applied for the compact privilege expires.
	1333	+	b. If the licensee terminates the qualifying license through which the licensee
	1334	+	applied for the compact privilege before its scheduled expiration, and the licensee
	1335	+	has a qualifying license in another participating state, the licensee shall inform the
	1336	+	commission that it is changing to that participating state the participating state
	1337	+	through which it applies for a compact privilege and pay to the commission any
	1338	+	compact privilege fee required by commission rule.
	1339	+	4. The commission shall not incur obligations of any kind prior to securing the
	1340	+	funds adequate to meet the same; nor shall the commission pledge the credit of any
	1341	+	of the participating states, except by and with the authority of the participating
	1342	+	state.
	1343	+	5. The commission shall keep accurate accounts of all receipts and
	1344	+	disbursements. The receipts and disbursements of the commission shall be subject
	1345	+	to the financial review and accounting procedures established under its bylaws. All
	1346	+	receipts and disbursements of funds handled by the commission shall be subject to
	1347	+	an annual financial review by a certified or licensed public accountant, and the
	1348	+	report of the financial review shall be included in and become part of the annual
	1349	+	report of the commission.
	1350	+	(f) The executive committee. 1. The executive committee shall have the power
	1351	+	to act on behalf of the commission according to the terms of this compact and
	1352	+	commission rules.
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	1380	+	2. The executive committee shall be composed of nine (9) members:
	1381	+	a. Seven voting members who are elected by the commission from the current
	1382	+	membership of the commission;
	1383	+	b. One ex officio, nonvoting member from a recognized national PA professional
	1384	+	association; and
	1385	+	c. One ex officio, nonvoting member from a recognized national PA certification
	1386	+	organization.
	1387	+	3. The ex officio members will be selected by their respective organizations.
	1388	+	4. The commission may remove any member of the executive committee as
	1389	+	provided in its bylaws.
	1390	+	5. The executive committee shall meet at least annually.
	1391	+	6. The executive committee shall have the following duties and responsibilities:
	1392	+	a. Recommend to the commission changes to the commission's rules or bylaws,
	1393	+	changes to this compact legislation, fees to be paid by compact participating states
	1394	+	such as annual dues, and any commission compact fee charged to licensees for the
	1395	+	compact privilege;
	1396	+	b. Ensure compact administration services are appropriately provided,
	1397	+	contractual or otherwise;
876	1398		c. Prepare and recommend the budget;
877		-	d. Maintain financial records on behalf of the com-
878		-	mission;
879		-	e. Monitor compact compliance of participating
880		-	states and provide compliance reports to the commission;
	1399	+	d. Maintain financial records on behalf of the commission;
	1400	+	e. Monitor compact compliance of participating states and provide compliance
	1401	+	reports to the commission;
881	1402		f. Establish additional committees as necessary;
882		-	g. Exercise the powers and duties of the commission
883		-	during the interim between commission meetings, except
884		-	for issuing proposed rule making or adopting commis-
885		-	sion rules or bylaws, or exercising any other powers and
886		-	duties exclusively reserved to the commission by the
887		-	commission’s rules; and
888		-	h. Perform other duties as provided in the commis-
889		-	sion’s rules or bylaws.
890		-	7. All meeting of the executive committee at which
891		-	it votes or plans to vote on matters in exercising the pow-
892		-	ers and duties of the commission shall be open to the pub-
893		-	lic and public notice of such meetings shall be given as
894		-	public meetings of the commission are given.
895		-	8. The executive committee may convene in a closed,
896		-	nonpublic meeting for the same reasons that the commis-
897		-	sion may convene in a nonpublic meeting as set forth in
898		-	par. (d) 3. and shall announce the closed meeting as the
899		-	commission is required to under par. (d) 4. and keep min-
900		-	utes of the closed meeting as the commission is required
901		-	to under par. (d) 5.
902		-	(g) Qualified immunity, defense, and indemnifica-
903		-	tion. 1. The members, officers, executive director,
904		-	employees and representatives of the commission shall
905		-	be immune from suit and liability, both personally and in
906		-	their official capacity, for any claim for damage to or loss
907		-	of property or personal injury or other civil liability
908		-	caused by or arising out of any actual or alleged act, error,
909		-	or omission that occurred, or that the person against
910		-	whom the claim is made had a reasonable basis for
911		-	believing occurred within the scope of commission
912		-	employment, duties or responsibilities; provided that
913		-	nothing in this subdivision shall be construed to protect
914		-	any such person from suit or liability for any damage,
915		-	loss, injury, or liability caused by the intentional or will-
916		-	ful or wanton misconduct of that person. The procure-
917		-	ment of insurance of any type by the commission shall
918		-	not in any way compromise or limit the immunity granted
919		-	hereunder.
920		-	2. The commission shall defend any member, officer,
921		-	executive director, employee, and representative of the
922		-	commission in any civil action seeking to impose liability
923		-	arising out of any actual or alleged act, error, or omission
924		-	that occurred within the scope of commission employ-
925		-	ment, duties, or responsibilities, or as determined by the
926		-	commission that the person against whom the claim is
927		-	made had a reasonable basis for believing occurred
928		-	within the scope of commission employment, duties, or
929		-	responsibilities; provided that nothing herein shall be
930		-	construed to prohibit that person from retaining their own
931		-	counsel at their own expense; and provided further, that
932		-	the actual or alleged act, error, or omission did not result
933		-	from that person’s intentional or willful or wanton mis-
934		-	conduct.
935		-	3. The commission shall indemnify and hold harm-
936		-	less any member, officer, executive director, employee, − 10 −2023 Wisconsin Act 2023 Senate Bill 400
937		-	and representative of the commission for the amount of
938		-	any settlement or judgment obtained against that person
939		-	arising out of any actual or alleged act, error, or omission
940		-	that occurred within the scope of commission employ-
941		-	ment, duties, or responsibilities, or that such person had
942		-	a reasonable basis for believing occurred within the
943		-	scope of commission employment, duties, or responsibil-
944		-	ities, provided that the actual or alleged act, error, or
945		-	omission did not result from the intentional or willful or
946		-	wanton misconduct of that person.
947		-	4. Venue is proper and judicial proceedings by or
948		-	against the commission shall be brought solely and
949		-	exclusively in a court of competent jurisdiction where the
950		-	principal office of the commission is located. The com-
951		-	mission may waive venue and jurisdictional defenses in
952		-	any proceedings as authorized by commission rules.
953		-	5. Nothing herein shall be construed as a limitation
954		-	on the liability of any licensee for professional malprac-
955		-	tice or misconduct, which shall be governed solely by any
956		-	other applicable state laws.
957		-	6. Nothing herein shall be construed to designate the
958		-	venue or jurisdiction to bring actions for alleged acts of
959		-	malpractice, professional misconduct, negligence, or
960		-	other such civil action pertaining to the practice of a PA.
961		-	All such matters shall be determined exclusively by state
962		-	law other than this compact.
963		-	7. Nothing in this compact shall be interpreted to
964		-	waive or otherwise abrogate a participating state’s state
965		-	action immunity or state action affirmative defense with
966		-	respect to antitrust claims under the Sherman Act, Clay-
967		-	ton Act, or any other state or federal antitrust or anticom-
968		-	petitive law or regulation.
969		-	8. Nothing in this compact shall be construed to be
970		-	a waiver of sovereign immunity by the participating
971		-	states or by the commission.
972		-	(8) DATA SYSTEM. (a) The commission shall provide
973		-	for the development, maintenance, operation, and uti-
974		-	lization of a coordinated data and reporting system con-
975		-	taining licensure, adverse action, and the reporting of the
976		-	existence of significant investigative information on all
977		-	licensed PAs and applicants denied a license in participat-
978		-	ing states.
979		-	(b) Notwithstanding any other state law to the con-
980		-	trary, a participating state shall submit a uniform data set
981		-	to the data system on all PAs to whom this compact is
982		-	applicable (utilizing a unique identifier) as required by
983		-	the rules of the commission, including:
	1403	+	g. Exercise the powers and duties of the commission during the interim
	1404	+	between commission meetings, except for issuing proposed rule making or adopting
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	1431	+	MED:emw
	1432	+	SECTION 40
	1433	+	SENATE BILL 400
	1434	+	commission rules or bylaws, or exercising any other powers and duties exclusively
	1435	+	reserved to the commission by the commission's rules; and
	1436	+	h. Perform other duties as provided in the commission's rules or bylaws.
	1437	+	7. All meeting of the executive committee at which it votes or plans to vote on
	1438	+	matters in exercising the powers and duties of the commission shall be open to the
	1439	+	public and public notice of such meetings shall be given as public meetings of the
	1440	+	commission are given.
	1441	+	8. The executive committee may convene in a closed, nonpublic meeting for the
	1442	+	same reasons that the commission may convene in a nonpublic meeting as set forth
	1443	+	in par. (d) 3. and shall announce the closed meeting as the commission is required
	1444	+	to under par. (d) 4. and keep minutes of the closed meeting as the commission is
	1445	+	required to under par. (d) 5.
	1446	+	(g) Qualified immunity, defense, and indemnification. 1. The members,
	1447	+	officers, executive director, employees and representatives of the commission shall
	1448	+	be immune from suit and liability, both personally and in their official capacity, for
	1449	+	any claim for damage to or loss of property or personal injury or other civil liability
	1450	+	caused by or arising out of any actual or alleged act, error, or omission that occurred,
	1451	+	or that the person against whom the claim is made had a reasonable basis for
	1452	+	believing occurred within the scope of commission employment, duties or
	1453	+	responsibilities; provided that nothing in this subdivision shall be construed to
	1454	+	protect any such person from suit or liability for any damage, loss, injury, or liability
	1455	+	caused by the intentional or willful or wanton misconduct of that person. The
	1456	+	procurement of insurance of any type by the commission shall not in any way
	1457	+	compromise or limit the immunity granted hereunder.
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	1483	+	SECTION 40 SENATE BILL 400
	1484	+	2. The commission shall defend any member, officer, executive director,
	1485	+	employee, and representative of the commission in any civil action seeking to impose
	1486	+	liability arising out of any actual or alleged act, error, or omission that occurred
	1487	+	within the scope of commission employment, duties, or responsibilities, or as
	1488	+	determined by the commission that the person against whom the claim is made had
	1489	+	a reasonable basis for believing occurred within the scope of commission
	1490	+	employment, duties, or responsibilities; provided that nothing herein shall be
	1491	+	construed to prohibit that person from retaining their own counsel at their own
	1492	+	expense; and provided further, that the actual or alleged act, error, or omission did
	1493	+	not result from that person's intentional or willful or wanton misconduct.
	1494	+	3. The commission shall indemnify and hold harmless any member, officer,
	1495	+	executive director, employee, and representative of the commission for the amount
	1496	+	of any settlement or judgment obtained against that person arising out of any actual
	1497	+	or alleged act, error, or omission that occurred within the scope of commission
	1498	+	employment, duties, or responsibilities, or that such person had a reasonable basis
	1499	+	for believing occurred within the scope of commission employment, duties, or
	1500	+	responsibilities, provided that the actual or alleged act, error, or omission did not
	1501	+	result from the intentional or willful or wanton misconduct of that person.
	1502	+	4. Venue is proper and judicial proceedings by or against the commission shall
	1503	+	be brought solely and exclusively in a court of competent jurisdiction where the
	1504	+	principal office of the commission is located. The commission may waive venue and
	1505	+	jurisdictional defenses in any proceedings as authorized by commission rules.
	1506	+	5. Nothing herein shall be construed as a limitation on the liability of any
	1507	+	licensee for professional malpractice or misconduct, which shall be governed solely
	1508	+	by any other applicable state laws.
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	1535	+	MED:emw
	1536	+	SECTION 40
	1537	+	SENATE BILL 400
	1538	+	6. Nothing herein shall be construed to designate the venue or jurisdiction to
	1539	+	bring actions for alleged acts of malpractice, professional misconduct, negligence, or
	1540	+	other such civil action pertaining to the practice of a PA. All such matters shall be
	1541	+	determined exclusively by state law other than this compact.
	1542	+	7. Nothing in this compact shall be interpreted to waive or otherwise abrogate
	1543	+	a participating state's state action immunity or state action affirmative defense with
	1544	+	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
	1545	+	or federal antitrust or anticompetitive law or regulation.
	1546	+	8. Nothing in this compact shall be construed to be a waiver of sovereign
	1547	+	immunity by the participating states or by the commission.
	1548	+	(8) DATA SYSTEM. (a) The commission shall provide for the development,
	1549	+	maintenance, operation, and utilization of a coordinated data and reporting system
	1550	+	containing licensure, adverse action, and the reporting of the existence of significant
	1551	+	investigative information on all licensed PAs and applicants denied a license in
	1552	+	participating states.
	1553	+	(b) Notwithstanding any other state law to the contrary, a participating state
	1554	+	shall submit a uniform data set to the data system on all PAs to whom this compact
	1555	+	is applicable (utilizing a unique identifier) as required by the rules of the
	1556	+	commission, including:
984	1557		1. Identifying information;
985	1558		2. Licensure data;
986		-	3. Adverse actions against a license or compact privi-
987		-	lege;
988		-	4. Any denial of application for licensure, and the
989		-	reason(s) for such denial (excluding the reporting of any
990		-	criminal history record information where prohibited by
991		-	law);
992		-	5. The existence of significant investigative informa-
993		-	tion; and
994		-	6. Other information that may facilitate the adminis-
995		-	tration of this compact, as determined by the rules of the
	1559	+	3. Adverse actions against a license or compact privilege;
	1560	+	4. Any denial of application for licensure, and the reason(s) for such denial
	1561	+	(excluding the reporting of any criminal history record information where prohibited
	1562	+	by law);
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	1589	+	SECTION 40 SENATE BILL 400
	1590	+	5. The existence of significant investigative information; and
	1591	+	6. Other information that may facilitate the administration of this compact, as
	1592	+	determined by the rules of the commission.
	1593	+	(c) Significant investigative information pertaining to a licensee in any
	1594	+	participating state shall only be available to other participating states.
	1595	+	(d) The commission shall promptly notify all participating states of any adverse
	1596	+	action taken against a licensee or an individual applying for a license that has been
	1597	+	reported to it. This adverse action information shall be available to any other
	1598	+	participating state.
	1599	+	(e) Participating states contributing information to the data system may, in
	1600	+	accordance with state or federal law, designate information that may not be shared
	1601	+	with the public without the express permission of the contributing state.
	1602	+	Notwithstanding any such designation, such information shall be reported to the
	1603	+	commission through the data system.
	1604	+	(f) Any information submitted to the data system that is subsequently
	1605	+	expunged pursuant to federal law or the laws of the participating state contributing
	1606	+	the information shall be removed from the data system upon reporting of such by the
	1607	+	participating state to the commission.
	1608	+	(g) The records and information provided to a participating state pursuant to
	1609	+	this compact or through the data system, when certified by the commission or an
	1610	+	agent thereof, shall constitute the authenticated business records of the commission,
	1611	+	and shall be entitled to any associated hearsay exception in any relevant judicial,
	1612	+	quasi-judicial or administrative proceedings in a participating state.
	1613	+	(9) RULE MAKING. (a) The commission shall exercise its rule-making powers
	1614	+	pursuant to the criteria set forth in this subsection and the rules adopted thereunder.
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	1642	+	SECTION 40
	1643	+	SENATE BILL 400
	1644	+	Commission rules shall become binding as of the date specified by the commission
	1645	+	for each rule.
	1646	+	(b) The commission shall promulgate reasonable rules in order to effectively
	1647	+	and efficiently implement and administer this compact and achieve its purposes. A
	1648	+	commission rule shall be invalid and have not force or effect only if a court of
	1649	+	competent jurisdiction holds that the rule is invalid because the commission
	1650	+	exercised its rule-making authority in a manner that is beyond the scope of the
	1651	+	purposes of this compact, or the powers granted hereunder, or based upon another
	1652	+	applicable standard of review.
	1653	+	(c) The rules of the commission shall have the force of law in each participating
	1654	+	state, provided however that where the rules of the commission conflict with the laws
	1655	+	of the participating state that establish the medical services a PA may perform in the
	1656	+	participating state, as held by a court of competent jurisdiction, the rules of the
	1657	+	commission shall be ineffective in that state to the extent of the conflict.
	1658	+	(d) If a majority of the legislatures of the participating states rejects a
	1659	+	commission rule, by enactment of a statute or resolution in the same manner used
	1660	+	to adopt this compact within four (4) years of the date of adoption of the rule, then
	1661	+	such rule shall have no further force and effect in any participating state or to any
	1662	+	state applying to participate in the compact.
	1663	+	(e) Commission rules shall be adopted at a regular or special meeting of the
996	1664		commission.
997		-	(c) Significant investigative information pertaining
998		-	to a licensee in any participating state shall only be avail-
999		-	able to other participating states.
1000		-	(d) The commission shall promptly notify all partici-
1001		-	pating states of any adverse action taken against a
1002		-	licensee or an individual applying for a license that has
1003		-	been reported to it. This adverse action information shall
1004		-	be available to any other participating state.
1005		-	(e) Participating states contributing information to
1006		-	the data system may, in accordance with state or federal
1007		-	law, designate information that may not be shared with
1008		-	the public without the express permission of the con-
1009		-	tributing state. Notwithstanding any such designation,
1010		-	such information shall be reported to the commission
1011		-	through the data system.
1012		-	(f) Any information submitted to the data system that
1013		-	is subsequently expunged pursuant to federal law or the
1014		-	laws of the participating state contributing the informa-
1015		-	tion shall be removed from the data system upon report-
1016		-	ing of such by the participating state to the commission.
1017		-	(g) The records and information provided to a partici-
1018		-	pating state pursuant to this compact or through the data
1019		-	system, when certified by the commission or an agent
1020		-	thereof, shall constitute the authenticated business
1021		-	records of the commission, and shall be entitled to any
1022		-	associated hearsay exception in any relevant judicial,
1023		-	quasi−judicial or administrative proceedings in a partici-
1024		-	pating state.
1025		-	(9) RULE MAKING. (a) The commission shall exercise
1026		-	its rule−making powers pursuant to the criteria set forth
1027		-	in this subsection and the rules adopted thereunder. Com-
1028		-	mission rules shall become binding as of the date speci-
1029		-	fied by the commission for each rule.
1030		-	(b) The commission shall promulgate reasonable
1031		-	rules in order to effectively and efficiently implement
1032		-	and administer this compact and achieve its purposes. A
1033		-	commission rule shall be invalid and have not force or
1034		-	effect only if a court of competent jurisdiction holds that
1035		-	the rule is invalid because the commission exercised its
1036		-	rule−making authority in a manner that is beyond the
1037		-	scope of the purposes of this compact, or the powers
1038		-	granted hereunder, or based upon another applicable
1039		-	standard of review.
1040		-	(c) The rules of the commission shall have the force
1041		-	of law in each participating state, provided however that
1042		-	where the rules of the commission conflict with the laws
1043		-	of the participating state that establish the medical ser-
1044		-	vices a PA may perform in the participating state, as held
1045		-	by a court of competent jurisdiction, the rules of the com- − 11 − 2023 Wisconsin Act 2023 Senate Bill 400
1046		-	mission shall be ineffective in that state to the extent of
1047		-	the conflict.
1048		-	(d) If a majority of the legislatures of the participating
1049		-	states rejects a commission rule, by enactment of a statute
1050		-	or resolution in the same manner used to adopt this com-
1051		-	pact within four (4) years of the date of adoption of the
1052		-	rule, then such rule shall have no further force and effect
1053		-	in any participating state or to any state applying to par-
1054		-	ticipate in the compact.
1055		-	(e) Commission rules shall be adopted at a regular or
1056		-	special meeting of the commission.
1057		-	(f) Prior to promulgation and adoption of a final rule
1058		-	or rules by the commission, and at least thirty (30) days
1059		-	in advance of the meeting at which the rule will be con-
1060		-	sidered and voted upon, the commission shall file a notice
1061		-	of proposed rule making:
1062		-	1. On the website of the commission or other publicly
1063		-	accessible platform; and
1064		-	2. To persons who have requested notice of the com-
1065		-	mission’s notices of proposed rule making, and
1066		-	3. In such other way(s) as the commission may by
1067		-	rule specify.
	1665	+	(f) Prior to promulgation and adoption of a final rule or rules by the commission,
	1666	+	and at least thirty (30) days in advance of the meeting at which the rule will be
	1667	+	considered and voted upon, the commission shall file a notice of proposed rule
	1668	+	making:
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	1695	+	SECTION 40 SENATE BILL 400
	1696	+	1. On the website of the commission or other publicly accessible platform; and
	1697	+	2. To persons who have requested notice of the commission's notices of proposed
	1698	+	rule making, and
	1699	+	3. In such other way(s) as the commission may by rule specify.
1068	1700		(g) The notice of proposed rule making shall include:
1069		-	1. The time, date, and location of the public hearing
1070		-	on the proposed rule and the proposed time, date and
1071		-	location of the meeting in which the proposed rule will be
1072		-	considered and voted upon;
1073		-	2. The text of the proposed rule and the reason for the
1074		-	proposed rule;
1075		-	3. A request for comments on the proposed rule from
1076		-	any interested person and the date by which written com-
1077		-	ments must be received; and
1078		-	4. The manner in which interested persons may sub-
1079		-	mit notice to the commission of their intention to attend
1080		-	the public hearing or provide any written comments.
1081		-	(h) Prior to adoption of a proposed rule, the commis-
1082		-	sion shall allow persons to submit written data, facts,
1083		-	opinions, and arguments, which shall be made available
	1701	+	1. The time, date, and location of the public hearing on the proposed rule and
	1702	+	the proposed time, date and location of the meeting in which the proposed rule will
	1703	+	be considered and voted upon;
	1704	+	2. The text of the proposed rule and the reason for the proposed rule;
	1705	+	3. A request for comments on the proposed rule from any interested person and
	1706	+	the date by which written comments must be received; and
	1707	+	4. The manner in which interested persons may submit notice to the
	1708	+	commission of their intention to attend the public hearing or provide any written
	1709	+	comments.
	1710	+	(h) Prior to adoption of a proposed rule, the commission shall allow persons to
	1711	+	submit written data, facts, opinions, and arguments, which shall be made available
1084	1712		to the public.
1085		-	(i) If the hearing is to be held via electronic means,
1086		-	the commission shall publish the mechanism for access
1087		-	to the electronic hearing.
1088		-	1. All persons wishing to be heard at the hearing shall
1089		-	as directed in the notice of proposed rule making, not less
1090		-	than five (5) business days before the scheduled date of
1091		-	the hearing, notify the commission of their desire to
1092		-	appear and testify at the hearing.
1093		-	2. Hearings shall be conducted in a manner providing
1094		-	each person who wishes to comment a fair and reasonable
1095		-	opportunity to comment orally or in writing.
1096		-	3. All hearings shall be recorded. A copy of the
1097		-	recording and the written comments, data, facts, opin-
1098		-	ions, and arguments received in response to the proposed
1099		-	rule making shall be made available to a person upon
1100		-	request.
1101		-	4. Nothing in this subsection shall be construed as
1102		-	requiring a separate hearing on each proposed rule. Pro-
1103		-	posed rules may be grouped for the convenience of the
	1713	+	(i) If the hearing is to be held via electronic means, the commission shall
	1714	+	publish the mechanism for access to the electronic hearing.
	1715	+	1. All persons wishing to be heard at the hearing shall as directed in the notice
	1716	+	of proposed rule making, not less than five (5) business days before the scheduled
	1717	+	date of the hearing, notify the commission of their desire to appear and testify at the
	1718	+	hearing.
	1719	+	2. Hearings shall be conducted in a manner providing each person who wishes
	1720	+	to comment a fair and reasonable opportunity to comment orally or in writing.
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	1748	+	SECTION 40
	1749	+	SENATE BILL 400
	1750	+	3. All hearings shall be recorded. A copy of the recording and the written
	1751	+	comments, data, facts, opinions, and arguments received in response to the proposed
	1752	+	rule making shall be made available to a person upon request.
	1753	+	4. Nothing in this subsection shall be construed as requiring a separate hearing
	1754	+	on each proposed rule. Proposed rules may be grouped for the convenience of the
1104	1755		commission at hearings required by this subsection.
1105		-	(j) Following the public hearing the commission
1106		-	shall consider all written and oral comments timely
1107		-	received.
1108		-	(k) The commission shall, by majority vote of all del-
1109		-	egates, take final action on the proposed rule and shall
1110		-	determine the effective date of the rule, if adopted, based
1111		-	on the rule−making record and the full text of the rule.
1112		-	1. If adopted, the rule shall be posted on the commis-
1113		-	sion’s website.
1114		-	2. The commission may adopt changes to the pro-
1115		-	posed rule provided the changes do not enlarge the origi-
1116		-	nal purpose of the proposed rule.
1117		-	3. The commission shall provide on its website an
1118		-	explanation of the reasons for substantive changes made
1119		-	to the proposed rule as well as reasons for substantive
1120		-	changes not made that were recommended by com-
1121		-	menters.
1122		-	4. The commission shall determine a reasonable
1123		-	effective date for the rule. Except for an emergency as
1124		-	provided in par. (L), the effective date of the rule shall be
1125		-	no sooner than thirty (30) days after the commission
1126		-	issued the notice that it adopted the rule.
1127		-	(L) Upon determination that an emergency exists, the
1128		-	commission may consider and adopt an emergency rule
1129		-	with twenty−four (24) hours prior notice, without the
1130		-	opportunity for comment, or hearing, provided that the
1131		-	usual rule−making procedures provided in this compact
1132		-	and in this subsection shall be retroactively applied to the
1133		-	rule as soon as reasonably possible, in no event later than
1134		-	ninety (90) days after the effective date of the rule. For
1135		-	the purposes of this provision, an emergency rule is one
1136		-	that must be adopted immediately by the commission in
	1756	+	(j) Following the public hearing the commission shall consider all written and
	1757	+	oral comments timely received.
	1758	+	(k) The commission shall, by majority vote of all delegates, take final action on
	1759	+	the proposed rule and shall determine the effective date of the rule, if adopted, based
	1760	+	on the rule-making record and the full text of the rule.
	1761	+	1. If adopted, the rule shall be posted on the commission's website.
	1762	+	2. The commission may adopt changes to the proposed rule provided the
	1763	+	changes do not enlarge the original purpose of the proposed rule.
	1764	+	3. The commission shall provide on its website an explanation of the reasons
	1765	+	for substantive changes made to the proposed rule as well as reasons for substantive
	1766	+	changes not made that were recommended by commenters.
	1767	+	4. The commission shall determine a reasonable effective date for the rule.
	1768	+	Except for an emergency as provided in par. (L), the effective date of the rule shall
	1769	+	be no sooner than thirty (30) days after the commission issued the notice that it
	1770	+	adopted the rule.
	1771	+	(L) Upon determination that an emergency exists, the commission may
	1772	+	consider and adopt an emergency rule with twenty-four (24) hours prior notice,
	1773	+	without the opportunity for comment, or hearing, provided that the usual
	1774	+	rule-making procedures provided in this compact and in this subsection shall be
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	1802	+	retroactively applied to the rule as soon as reasonably possible, in no event later than
	1803	+	ninety (90) days after the effective date of the rule. For the purposes of this provision,
	1804	+	an emergency rule is one that must be adopted immediately by the commission in
1137	1805		order to:
1138		-	1. Meet an imminent threat to public health, safety,
1139		-	or welfare;
1140		-	2. Prevent a loss of commission or participating state
1141		-	funds;
1142		-	3. Meet a deadline for the promulgation of a commis-
1143		-	sion rule that is established by federal law or rule; or
	1806	+	1. Meet an imminent threat to public health, safety, or welfare;
	1807	+	2. Prevent a loss of commission or participating state funds;
	1808	+	3. Meet a deadline for the promulgation of a commission rule that is established
	1809	+	by federal law or rule; or
1144	1810		4. Protect public health and safety.
1145		-	(m) The commission or an authorized committee of
1146		-	the commission may direct revisions to a previously
1147		-	adopted commission rule for purposes of correcting
1148		-	typographical errors, errors in format, errors in consis-
1149		-	tency, or grammatical errors. Public notice of any revi-
1150		-	sions shall be posted on the website of the commission.
1151		-	The revision shall be subject to challenge by any person
1152		-	for a period of thirty (30) days after posting. The revision
1153		-	may be challenged only on grounds that the revision
1154		-	results in a material change to a rule. A challenge shall
1155		-	be made as set forth in the notice of revisions and deliv- − 12 −2023 Wisconsin Act 2023 Senate Bill 400
1156		-	ered to the commission prior to the end of the notice
1157		-	period. If no challenge is made, the revision will take
1158		-	effect without further action. If the revision is chal-
1159		-	lenged, the revision may not take effect without the
1160		-	approval of the commission.
1161		-	(n) No participating state’s rule−making require-
1162		-	ments shall apply under this compact.
1163		-	(10) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCE-
1164		-	MENT. (a) Oversight. 1. The executive and judicial
1165		-	branches of state government in each participating state
1166		-	shall enforce this compact and take all actions necessary
1167		-	and appropriate to implement the compact.
1168		-	2. Venue is proper and judicial proceedings by or
1169		-	against the commission shall be brought solely and
1170		-	exclusively in a court of competent jurisdiction where the
1171		-	principal office of the commission is located. The com-
1172		-	mission may waive venue and jurisdictional defenses to
1173		-	the extent it adopts or consents to participate in alterna-
1174		-	tive dispute resolution proceedings. Nothing herein shall
1175		-	affect or limit the selection or propriety of venue in any
1176		-	action against a licensee for professional malpractice,
	1811	+	(m) The commission or an authorized committee of the commission may direct
	1812	+	revisions to a previously adopted commission rule for purposes of correcting
	1813	+	typographical errors, errors in format, errors in consistency, or grammatical errors.
	1814	+	Public notice of any revisions shall be posted on the website of the commission. The
	1815	+	revision shall be subject to challenge by any person for a period of thirty (30) days
	1816	+	after posting. The revision may be challenged only on grounds that the revision
	1817	+	results in a material change to a rule. A challenge shall be made as set forth in the
	1818	+	notice of revisions and delivered to the commission prior to the end of the notice
	1819	+	period. If no challenge is made, the revision will take effect without further action.
	1820	+	If the revision is challenged, the revision may not take effect without the approval
	1821	+	of the commission.
	1822	+	(n) No participating state's rule-making requirements shall apply under this
	1823	+	compact.
	1824	+	(10) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) Oversight. 1. The
	1825	+	executive and judicial branches of state government in each participating state shall
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	1854	+	enforce this compact and take all actions necessary and appropriate to implement
	1855	+	the compact.
	1856	+	2. Venue is proper and judicial proceedings by or against the commission shall
	1857	+	be brought solely and exclusively in a court of competent jurisdiction where the
	1858	+	principal office of the commission is located. The commission may waive venue and
	1859	+	jurisdictional defenses to the extent it adopts or consents to participate in alternative
	1860	+	dispute resolution proceedings. Nothing herein shall affect or limit the selection or
	1861	+	propriety of venue in any action against a licensee for professional malpractice,
1177	1862		misconduct or any such similar matter.
1178		-	3. The commission shall be entitled to receive service
1179		-	of process in any proceeding regarding the enforcement
1180		-	or interpretation of the compact or the commission’s
1181		-	rules and shall have standing to intervene in such a pro-
1182		-	ceeding for all purposes. Failure to provide the commis-
1183		-	sion with service of process shall render a judgment or
1184		-	order in such proceeding void as to the commission, this
1185		-	compact, or commission rules.
1186		-	(b) Default, technical assistance, and termination.
1187		-	1. If the commission determines that a participating state
1188		-	has defaulted in the performance of its obligations or
1189		-	responsibilities under this compact or the commission
1190		-	rules, the commission shall provide written notice to the
1191		-	defaulting state and other participating states. The notice
1192		-	shall describe the default, the proposed means of curing
1193		-	the default and any other action that the commission may
1194		-	take and shall offer remedial training and specific techni-
1195		-	cal assistance regarding the default.
1196		-	2. If a state in default fails to cure the default, the
1197		-	defaulting state may be terminated from this compact
1198		-	upon an affirmative vote of a majority of the delegates of
1199		-	the participating states, and all rights, privileges and ben-
1200		-	efits conferred by this compact upon such state may be
1201		-	terminated on the effective date of termination. A cure
1202		-	of the default does not relieve the offending state of obli-
1203		-	gations or liabilities incurred during the period of default.
1204		-	3. Termination of participation in this compact shall
1205		-	be imposed only after all other means of securing compli-
1206		-	ance have been exhausted. Notice of intent to suspend or
1207		-	terminate shall be given by the commission to the gover-
1208		-	nor, the majority and minority leaders of the defaulting
1209		-	state’s legislature, and to the licensing board(s) of each of
1210		-	the participating states.
1211		-	4. A state that has been terminated is responsible for
1212		-	all assessments, obligations, and liabilities incurred
1213		-	through the effective date of termination, including obli-
1214		-	gations that extend beyond the effective date of termina-
1215		-	tion.
1216		-	5. The commission shall not bear any costs related to
1217		-	a state that is found to be in default or that has been termi-
1218		-	nated from this compact, unless agreed upon in writing
1219		-	between the commission and the defaulting state.
1220		-	6. The defaulting state may appeal its termination
1221		-	from the compact by the commission by petitioning the
1222		-	U.S. District Court for the District of Columbia or the
1223		-	federal district where the commission has its principal
1224		-	offices. The prevailing member shall be awarded all
1225		-	costs of such litigation, including reasonable attorney’s
	1863	+	3. The commission shall be entitled to receive service of process in any
	1864	+	proceeding regarding the enforcement or interpretation of the compact or the
	1865	+	commission's rules and shall have standing to intervene in such a proceeding for all
	1866	+	purposes. Failure to provide the commission with service of process shall render a
	1867	+	judgment or order in such proceeding void as to the commission, this compact, or
	1868	+	commission rules.
	1869	+	(b) Default, technical assistance, and termination. 1. If the commission
	1870	+	determines that a participating state has defaulted in the performance of its
	1871	+	obligations or responsibilities under this compact or the commission rules, the
	1872	+	commission shall provide written notice to the defaulting state and other
	1873	+	participating states. The notice shall describe the default, the proposed means of
	1874	+	curing the default and any other action that the commission may take and shall offer
	1875	+	remedial training and specific technical assistance regarding the default.
	1876	+	2. If a state in default fails to cure the default, the defaulting state may be
	1877	+	terminated from this compact upon an affirmative vote of a majority of the delegates
	1878	+	of the participating states, and all rights, privileges and benefits conferred by this
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	1906	+	compact upon such state may be terminated on the effective date of termination. A
	1907	+	cure of the default does not relieve the offending state of obligations or liabilities
	1908	+	incurred during the period of default.
	1909	+	3. Termination of participation in this compact shall be imposed only after all
	1910	+	other means of securing compliance have been exhausted. Notice of intent to
	1911	+	suspend or terminate shall be given by the commission to the governor, the majority
	1912	+	and minority leaders of the defaulting state's legislature, and to the licensing
	1913	+	board(s) of each of the participating states.
	1914	+	4. A state that has been terminated is responsible for all assessments,
	1915	+	obligations, and liabilities incurred through the effective date of termination,
	1916	+	including obligations that extend beyond the effective date of termination.
	1917	+	5. The commission shall not bear any costs related to a state that is found to
	1918	+	be in default or that has been terminated from this compact, unless agreed upon in
	1919	+	writing between the commission and the defaulting state.
	1920	+	6. The defaulting state may appeal its termination from the compact by the
	1921	+	commission by petitioning the U.S. District Court for the District of Columbia or the
	1922	+	federal district where the commission has its principal offices. The prevailing
	1923	+	member shall be awarded all costs of such litigation, including reasonable attorney's
1226	1924		fees.
1227		-	7. Upon the termination of a state’s participation in
1228		-	the compact, the state shall immediately provide notice
1229		-	to all licensees within that state of such termination:
1230		-	a. Licensees who have been granted a compact privi-
1231		-	lege in that state shall retain the compact privilege for one
1232		-	hundred eighty (180) days following the effective date of
1233		-	such termination.
1234		-	b. Licensees who are licensed in that state who have
1235		-	been granted a compact privilege in a participating state
1236		-	shall retain the compact privilege for one hundred eighty
1237		-	(180) days unless the licensee also has a qualifying
1238		-	license in a participating state or obtains a qualifying
1239		-	license in a participating state before the one hundred
1240		-	eighty (180)−day period ends, in which case the compact
1241		-	privilege shall continue.
1242		-	(c) Dispute resolution. 1. Upon request by a partici-
1243		-	pating state, the commission shall attempt to resolve dis-
1244		-	putes related to this compact that arise among participat-
1245		-	ing states and between participating and nonparticipating
1246		-	states.
1247		-	2. The commission shall promulgate a rule providing
1248		-	for both mediation and binding dispute resolution for dis-
1249		-	putes as appropriate.
1250		-	(d) Enforcement. 1. The commission, in the reason-
1251		-	able exercise of its discretion, shall enforce the provi-
1252		-	sions of this compact and rules of the commission.
1253		-	2. If compliance is not secured after all means to
1254		-	secure compliance have been exhausted, by majority
1255		-	vote, the commission may initiate legal action in the
1256		-	United States District Court for the District of Columbia
1257		-	or the federal district where the commission has its prin-
1258		-	cipal offices, against a participating state in default to
1259		-	enforce compliance with the provisions of this compact
1260		-	and the commission’s promulgated rules and bylaws.
1261		-	The relief sought may include both injunctive relief and
1262		-	damages. In the event judicial enforcement is necessary,
1263		-	the prevailing party shall be awarded all costs of such liti-
1264		-	gation, including reasonable attorney’s fees. − 13 − 2023 Wisconsin Act 2023 Senate Bill 400
1265		-	3. The remedies herein shall not be the exclusive
1266		-	remedies of the commission. The commission may pur-
1267		-	sue any other remedies available under federal or state
1268		-	law.
1269		-	(e) Legal action against the commission. 1. A partic-
1270		-	ipating state may initiate legal action against the commis-
1271		-	sion in the U.S. District Court for the District of Colum-
1272		-	bia or the federal district where the commission has its
1273		-	principal offices to enforce compliance with the provi-
1274		-	sions of the compact and its rules. The relief sought may
1275		-	include both injunctive relief and damages. In the event
1276		-	judicial enforcement is necessary, the prevailing party
1277		-	shall be awarded all costs of such litigation, including
1278		-	reasonable attorney’s fees.
1279		-	2. No person other than a participating state shall
1280		-	enforce this compact against the commission.
1281		-	(11) DATE OF IMPLEMENTATION OF THE PA LICENSURE
1282		-	COMPACT COMMISSION. (a) This compact shall come into
1283		-	effect on the date on which this compact statute is enacted
1284		-	into law in the seventh participating state.
1285		-	1. On or after the effective date of the compact, the
1286		-	commission shall convene and review the enactment of
1287		-	each of the states that enacted the compact prior to the
1288		-	commission convening (“charter participating states”) to
1289		-	determine if the statute enacted by each such charter par-
1290		-	ticipating state is materially different than the model
1291		-	compact.
1292		-	a. A charter participating state whose enactment is
1293		-	found to be materially different from the model compact
1294		-	shall be entitled to the default process set forth in sub.
1295		-	(10) (b).
1296		-	b. If any participating state later withdraws from the
1297		-	compact or its participation is terminated, the commis-
1298		-	sion shall remain in existence and the compact shall
1299		-	remain in effect even if the number of participating states
1300		-	should be less than seven. Participating states enacting
1301		-	the compact subsequent to the commission convening
1302		-	shall be subject to the process set forth in sub. (7) (c) 21.
1303		-	to determine if their enactments are materially different
1304		-	from the model compact and whether they qualify for
1305		-	participation in the compact.
1306		-	2. Participating states enacting the compact subse-
1307		-	quent to the seven initial charter participating states shall
1308		-	be subject to the process set forth in sub. (7) (c) 21. to
1309		-	determine if their enactments are materially different
1310		-	from the model compact and whether they qualify for
1311		-	participation in the compact.
1312		-	3. All actions taken for the benefit of the commission
1313		-	or in furtherance of the purposes of the administration of
1314		-	the compact prior to the effective date of the compact or
1315		-	the commission coming into existence shall be consid-
1316		-	ered to be actions of the commission unless specifically
1317		-	repudiated by the commission.
1318		-	(b) Any state that joins this compact shall be subject
1319		-	to the commission’s rules and bylaws as they exist on the
1320		-	date on which this compact becomes law in that state.
1321		-	Any rule that has been previously adopted by the com-
1322		-	mission shall have the full force and effect of law on the
1323		-	day this compact becomes law in that state.
1324		-	(c) Any participating state may withdraw from this
1325		-	compact by enacting a statute repealing the same.
1326		-	1. A participating state’s withdrawal shall not take
1327		-	effect until one hundred eighty (180) days after enact-
1328		-	ment of the repealing statute. During this one hundred
1329		-	eighty (180) day−period, all compact privileges that were
1330		-	in effect in the withdrawing state and were granted to
1331		-	licensees licensed in the withdrawing state shall remain
1332		-	in effect. If any licensee licensed in the withdrawing state
1333		-	is also licensed in another participating state or obtains a
1334		-	license in another participating state within the one hun-
1335		-	dred eighty (180) days, the licensee’s compact privileges
1336		-	in other participating states shall not be affected by the
1337		-	passage of the one hundred eighty (180) days.
1338		-	2. Withdrawal shall not affect the continuing require-
1339		-	ment of the state licensing board(s) of the withdrawing
1340		-	state to comply with the investigative, and adverse action
1341		-	reporting requirements of this compact prior to the effec-
1342		-	tive date of withdrawal.
1343		-	3. Upon the enactment of a statute withdrawing a
1344		-	state from this compact, the state shall immediately pro-
1345		-	vide notice of such withdrawal to all licensees within that
1346		-	state. Such withdrawing state shall continue to recognize
1347		-	all licenses granted pursuant to this compact for a mini-
1348		-	mum of one hundred eighty (180) days after the date of
1349		-	such notice of withdrawal.
1350		-	(d) Nothing contained in this compact shall be con-
1351		-	strued to invalidate or prevent any PA licensure agree-
1352		-	ment or other cooperative arrangement between partici-
1353		-	pating states and between a participating state and
1354		-	nonparticipating state that does not conflict with the pro-
1355		-	visions of this compact.
1356		-	(e) This compact may be amended by the participat-
1357		-	ing states. No amendment to this compact shall become
1358		-	effective and binding upon any participating state until it
1359		-	is enacted materially in the same manner into the laws of
1360		-	all participating states as determined by the commission.
1361		-	(12) CONSTRUCTION AND SEVERABILITY. (a) This
1362		-	compact and the commission’s rule−making authority
1363		-	shall be liberally construed so as to effectuate the pur-
1364		-	poses, and the implementation and administration of the
1365		-	compact. Provisions of the compact expressly autho-
1366		-	rizing or requiring the promulgation of rules shall not be
1367		-	construed to limit the commission’s rule−making author-
1368		-	ity solely for those purposes.
1369		-	(b) The provisions of this compact shall be severable
1370		-	and if any phrase, clause, sentence or provision of this
1371		-	compact is held by a court of competent jurisdiction to be
1372		-	contrary to the constitution of any participating state, a
1373		-	state seeking participation in the compact, or of the
1374		-	United States, or the applicability thereof to any govern-
1375		-	ment, agency, person or circumstance is held to be uncon-
1376		-	stitutional by a court of competent jurisdiction, the valid- − 14 −2023 Wisconsin Act 2023 Senate Bill 400
1377		-	ity of the remainder of this compact and the applicability
1378		-	thereof to any other government, agency, person or cir-
1379		-	cumstance shall not be affected thereby.
1380		-	(c) Notwithstanding par. (b) or this subsection, the
1381		-	commission may deny a state’s participation in the com-
1382		-	pact or, in accordance with the requirements of sub. (10)
1383		-	(b), terminate a participating state’s participation in the
1384		-	compact, if it determines that a constitutional require-
1385		-	ment of a participating state is, or would be with respect
1386		-	to a state seeking to participate in the compact, a material
1387		-	departure from the compact. Otherwise, if this compact
1388		-	shall be held to be contrary to the constitution of any par-
1389		-	ticipating state, the compact shall remain in full force and
1390		-	effect as to the remaining participating states and in full
1391		-	force and effect as to the participating state affected as to
1392		-	all severable matters.
1393		-	(13) BINDING EFFECT OF COMPACT. (a) Nothing herein
1394		-	prevents the enforcement of any other law of a participat-
1395		-	ing state that is not inconsistent with this compact.
1396		-	(b) Any laws in a participating state in conflict with
1397		-	this compact are superseded to the extent of the conflict.
1398		-	(c) All agreements between the commission and the
1399		-	participating states are binding in accordance with their
1400		-	terms.
1401		-	448.9885 Implementation of the PA licensure
1402		-	compact. (1) In this section:
1403		-	(a) “Board” means the physician assistant affiliated
1404		-	credentialing board.
1405		-	(b) “Compact” means the PA licensure compact
1406		-	under s. 448.988.
1407		-	(c) “Compact privilege” means a compact privilege,
1408		-	as defined in s. 448.988 (2) (b), that is granted under the
1409		-	compact to an individual to practice in this state.
1410		-	(2) The department may impose a fee for an individ-
1411		-	ual to receive a compact privilege as provided in s.
1412		-	448.988 (3) (b).
1413		-	(3) (a) An individual who holds a compact privilege
1414		-	shall comply with s. 440.03 (13) (am).
1415		-	(b) Subject to s. 448.988 and any rules promulgated
1416		-	thereunder, ss. 440.20 to 440.22 and the rules promul-
1417		-	gated under s. 440.03 (1) shall apply to an individual who
1418		-	holds a compact privilege in the same manner that they
1419		-	apply to holders of licenses issued under subch. IX.
1420		-	SECTION 41. 450.10 (3) (a) 5. of the statutes, as
1421		-	affected by 2021 Wisconsin Act 251, is amended to read:
1422		-	450.10 (3) (a) 5. A physician, physician assistant,
1423		-	podiatrist, physical therapist, physical therapist assistant,
1424		-	occupational therapist, occupational therapy assistant, or
1425		-	genetic counselor licensed under ch. 448, a physical ther-
1426		-	apist or physical therapist assistant who holds a compact
1427		-	privilege under subch. XI of ch. 448, or an occupational
1428		-	therapist or occupational therapy assistant who holds a
1429		-	compact privilege under subch. XII of ch. 448, or a physi-
1430		-	cian assistant who holds a compact privilege under
1431		-	subch. XIII of ch. 448.
1432		-	SECTION 42. 462.02 (2) (e) of the statutes is amended
1433		-	to read:
1434		-	462.02 (2) (e) A physician assistant licensed under s.
1435		-	448.974.
1436		-	SECTION 43. 462.04 of the statutes, as affected by
1437		-	2021 Wisconsin Act 251, is amended to read:
1438		-	462.04 Prescription or order required. A person
1439		-	who holds a license or limited X−ray machine operator
1440		-	permit under this chapter may not use diagnostic X−ray
1441		-	equipment on humans for diagnostic purposes unless
1442		-	authorized to do so by prescription or order of a physician
1443		-	licensed under s. 448.04 (1) (a), a naturopathic doctor
1444		-	licensed under s. 466.04 (1), a dentist licensed under s.
1445		-	447.04 (1), a podiatrist licensed under s. 448.63, a chiro-
1446		-	practor licensed under s. 446.02, an advanced practice
1447		-	nurse certified under s. 441.16 (2), a physician assistant
1448		-	who is licensed under s. 448.974 or who holds a compact
1449		-	privilege under subch. XIII of ch. 448, or, subject to s.
1450		-	448.56 (7) (a), a physical therapist who is licensed under
1451		-	s. 448.53 or who holds a compact privilege under subch.
1452		-	XI of ch. 448.
1453		-	SECTION 44. 895.48 (1m) (a) (intro.) of the statutes
1454		-	is amended to read:
1455		-	895.48 (1m) (a) (intro.) Except as provided in par.
1456		-	(b), any physician, naturopathic doctor, physician assist-
1457		-	ant, podiatrist, or athletic trainer licensed under ch. 448,
1458		-	physician assistant who is licensed under subch. IX of ch.
1459		-	448 or who holds a compact privilege under subch. XIII
1460		-	of ch. 448, chiropractor licensed under ch. 446, dentist
1461		-	licensed under ch. 447, emergency medical services
1462		-	practitioner licensed under s. 256.15, emergency medical
1463		-	responder certified under s. 256.15 (8), registered nurse
1464		-	licensed under ch. 441, or a massage therapist or body-
1465		-	work therapist licensed under ch. 460, or naturopathic
1466		-	doctor licensed under ch. 466 who renders voluntary
1467		-	health care to a participant in an athletic event or contest
1468		-	sponsored by a nonprofit corporation, as defined in s.
1469		-	66.0129 (6) (b), a private school, as defined in s. 115.001
1470		-	(3r), a tribal school, as defined in s. 115.001 (15m), a pub-
1471		-	lic agency, as defined in s. 46.856 (1) (b), or a school, as
1472		-	defined in s. 609.655 (1) (c), is immune from civil liabil-
1473		-	ity for his or her acts or omissions in rendering that care
1474		-	if all of the following conditions exist:
1475		-	SECTION 45. 971.14 (4) (a) of the statutes is amended
1476		-	to read:
1477		-	971.14 (4) (a) The court shall cause copies of the
1478		-	report to be delivered forthwith to the district attorney
1479		-	and the defense counsel, or the defendant personally if
1480		-	not represented by counsel. Upon the request of the sher-
1481		-	iff or jailer charged with care and control of the jail in
1482		-	which the defendant is being held pending or during a
1483		-	trial or sentencing proceeding, the court shall cause a
1484		-	copy of the report to be delivered to the sheriff or jailer.
1485		-	The sheriff or jailer may provide a copy of the report to
1486		-	the person who is responsible for maintaining medical − 15 − 2023 Wisconsin Act 2023 Senate Bill 400
1487		-	records for inmates of the jail, or to a nurse licensed under
1488		-	ch. 441, to a, physician licensed under subch. II of ch.
1489		-	448, or to a physician assistant licensed under subch. IX
1490		-	of ch. 448 who is a health care provider for the defendant
1491		-	or who is responsible for providing health care services
1492		-	to inmates of the jail. The report shall not be otherwise
1493		-	disclosed prior to the hearing under this subsection.
1494		-	SECTION 47. 990.01 (27s) of the statutes is amended
1495		-	to read:
1496		-	990.01 (27s) PHYSICIAN ASSISTANT. “Physician
1497		-	assistant” means a person who is licensed as a physician
1498		-	assistant under subch. IX of ch. 448 or who holds a com-
1499		-	pact privilege under subch. XIII of ch. 448.
	1925	+	7. Upon the termination of a state's participation in the compact, the state shall
	1926	+	immediately provide notice to all licensees within that state of such termination:
	1927	+	a. Licensees who have been granted a compact privilege in that state shall
	1928	+	retain the compact privilege for one hundred eighty (180) days following the effective
	1929	+	date of such termination.
	1930	+	1
	1931	+	2
	1932	+	3
	1933	+	4
	1934	+	5
	1935	+	6
	1936	+	7
	1937	+	8
	1938	+	9
	1939	+	10
	1940	+	11
	1941	+	12
	1942	+	13
	1943	+	14
	1944	+	15
	1945	+	16
	1946	+	17
	1947	+	18
	1948	+	19
	1949	+	20
	1950	+	21
	1951	+	22
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	1954	+	LRB-3922/1
	1955	+	MED:emw
	1956	+	SECTION 40
	1957	+	SENATE BILL 400
	1958	+	b. Licensees who are licensed in that state who have been granted a compact
	1959	+	privilege in a participating state shall retain the compact privilege for one hundred
	1960	+	eighty (180) days unless the licensee also has a qualifying license in a participating
	1961	+	state or obtains a qualifying license in a participating state before the one hundred
	1962	+	eighty (180)-day period ends, in which case the compact privilege shall continue.
	1963	+	(c) Dispute resolution. 1. Upon request by a participating state, the commission
	1964	+	shall attempt to resolve disputes related to this compact that arise among
	1965	+	participating states and between participating and nonparticipating states.
	1966	+	2. The commission shall promulgate a rule providing for both mediation and
	1967	+	binding dispute resolution for disputes as appropriate.
	1968	+	(d) Enforcement. 1. The commission, in the reasonable exercise of its
	1969	+	discretion, shall enforce the provisions of this compact and rules of the commission.
	1970	+	2. If compliance is not secured after all means to secure compliance have been
	1971	+	exhausted, by majority vote, the commission may initiate legal action in the United
	1972	+	States District Court for the District of Columbia or the federal district where the
	1973	+	commission has its principal offices, against a participating state in default to
	1974	+	enforce compliance with the provisions of this compact and the commission's
	1975	+	promulgated rules and bylaws. The relief sought may include both injunctive relief
	1976	+	and damages. In the event judicial enforcement is necessary, the prevailing party
	1977	+	shall be awarded all costs of such litigation, including reasonable attorney's fees.
	1978	+	3. The remedies herein shall not be the exclusive remedies of the commission.
	1979	+	The commission may pursue any other remedies available under federal or state law.
	1980	+	(e) Legal action against the commission. 1. A participating state may initiate
	1981	+	legal action against the commission in the U.S. District Court for the District of
	1982	+	Columbia or the federal district where the commission has its principal offices to
	1983	+	1
	1984	+	2
	1985	+	3
	1986	+	4
	1987	+	5
	1988	+	6
	1989	+	7
	1990	+	8
	1991	+	9
	1992	+	10
	1993	+	11
	1994	+	12
	1995	+	13
	1996	+	14
	1997	+	15
	1998	+	16
	1999	+	17
	2000	+	18
	2001	+	19
	2002	+	20
	2003	+	21
	2004	+	22
	2005	+	23
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	2007	+	25 - 40 -2023 - 2024 Legislature LRB-3922/1
	2008	+	MED:emw
	2009	+	SECTION 40 SENATE BILL 400
	2010	+	enforce compliance with the provisions of the compact and its rules. The relief sought
	2011	+	may include both injunctive relief and damages. In the event judicial enforcement
	2012	+	is necessary, the prevailing party shall be awarded all costs of such litigation,
	2013	+	including reasonable attorney's fees.
	2014	+	2. No person other than a participating state shall enforce this compact against
	2015	+	the commission.
	2016	+	(11) DATE OF IMPLEMENTATION OF THE PA LICENSURE COMPACT COMMISSION. (a)
	2017	+	This compact shall come into effect on the date on which this compact statute is
	2018	+	enacted into law in the seventh participating state.
	2019	+	1. On or after the effective date of the compact, the commission shall convene
	2020	+	and review the enactment of each of the states that enacted the compact prior to the
	2021	+	commission convening (“charter participating states”) to determine if the statute
	2022	+	enacted by each such charter participating state is materially different than the
	2023	+	model compact.
	2024	+	a. A charter participating state whose enactment is found to be materially
	2025	+	different from the model compact shall be entitled to the default process set forth in
	2026	+	sub. (10) (b).
	2027	+	b. If any participating state later withdraws from the compact or its
	2028	+	participation is terminated, the commission shall remain in existence and the
	2029	+	compact shall remain in effect even if the number of participating states should be
	2030	+	less than seven. Participating states enacting the compact subsequent to the
	2031	+	commission convening shall be subject to the process set forth in sub. (7) (c) 21. to
	2032	+	determine if their enactments are materially different from the model compact and
	2033	+	whether they qualify for participation in the compact.
	2034	+	1
	2035	+	2
	2036	+	3
	2037	+	4
	2038	+	5
	2039	+	6
	2040	+	7
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	2049	+	16
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	2054	+	21
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	2058	+	LRB-3922/1
	2059	+	MED:emw
	2060	+	SECTION 40
	2061	+	SENATE BILL 400
	2062	+	2. Participating states enacting the compact subsequent to the seven initial
	2063	+	charter participating states shall be subject to the process set forth in sub. (7) (c) 21.
	2064	+	to determine if their enactments are materially different from the model compact
	2065	+	and whether they qualify for participation in the compact.
	2066	+	3. All actions taken for the benefit of the commission or in furtherance of the
	2067	+	purposes of the administration of the compact prior to the effective date of the
	2068	+	compact or the commission coming into existence shall be considered to be actions
	2069	+	of the commission unless specifically repudiated by the commission.
	2070	+	(b) Any state that joins this compact shall be subject to the commission's rules
	2071	+	and bylaws as they exist on the date on which this compact becomes law in that state.
	2072	+	Any rule that has been previously adopted by the commission shall have the full force
	2073	+	and effect of law on the day this compact becomes law in that state.
	2074	+	(c) Any participating state may withdraw from this compact by enacting a
	2075	+	statute repealing the same.
	2076	+	1. A participating state's withdrawal shall not take effect until one hundred
	2077	+	eighty (180) days after enactment of the repealing statute. During this one hundred
	2078	+	eighty (180) day-period, all compact privileges that were in effect in the withdrawing
	2079	+	state and were granted to licensees licensed in the withdrawing state shall remain
	2080	+	in effect. If any licensee licensed in the withdrawing state is also licensed in another
	2081	+	participating state or obtains a license in another participating state within the one
	2082	+	hundred eighty (180) days, the licensee's compact privileges in other participating
	2083	+	states shall not be affected by the passage of the one hundred eighty (180) days.
	2084	+	2. Withdrawal shall not affect the continuing requirement of the state licensing
	2085	+	board(s) of the withdrawing state to comply with the investigative, and adverse
	2086	+	1
	2087	+	2
	2088	+	3
	2089	+	4
	2090	+	5
	2091	+	6
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	2096	+	11
	2097	+	12
	2098	+	13
	2099	+	14
	2100	+	15
	2101	+	16
	2102	+	17
	2103	+	18
	2104	+	19
	2105	+	20
	2106	+	21
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	2110	+	MED:emw
	2111	+	SECTION 40 SENATE BILL 400
	2112	+	action reporting requirements of this compact prior to the effective date of
	2113	+	withdrawal.
	2114	+	3. Upon the enactment of a statute withdrawing a state from this compact, the
	2115	+	state shall immediately provide notice of such withdrawal to all licensees within that
	2116	+	state. Such withdrawing state shall continue to recognize all licenses granted
	2117	+	pursuant to this compact for a minimum of one hundred eighty (180) days after the
	2118	+	date of such notice of withdrawal.
	2119	+	(d) Nothing contained in this compact shall be construed to invalidate or
	2120	+	prevent any PA licensure agreement or other cooperative arrangement between
	2121	+	participating states and between a participating state and nonparticipating state
	2122	+	that does not conflict with the provisions of this compact.
	2123	+	(e) This compact may be amended by the participating states. No amendment
	2124	+	to this compact shall become effective and binding upon any participating state until
	2125	+	it is enacted materially in the same manner into the laws of all participating states
	2126	+	as determined by the commission.
	2127	+	(12) CONSTRUCTION AND SEVERABILITY. (a) This compact and the commission's
	2128	+	rule-making authority shall be liberally construed so as to effectuate the purposes,
	2129	+	and the implementation and administration of the compact. Provisions of the
	2130	+	compact expressly authorizing or requiring the promulgation of rules shall not be
	2131	+	construed to limit the commission's rule-making authority solely for those purposes.
	2132	+	(b) The provisions of this compact shall be severable and if any phrase, clause,
	2133	+	sentence or provision of this compact is held by a court of competent jurisdiction to
	2134	+	be contrary to the constitution of any participating state, a state seeking
	2135	+	participation in the compact, or of the United States, or the applicability thereof to
	2136	+	any government, agency, person or circumstance is held to be unconstitutional by a
	2137	+	1
	2138	+	2
	2139	+	3
	2140	+	4
	2141	+	5
	2142	+	6
	2143	+	7
	2144	+	8
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	2147	+	11
	2148	+	12
	2149	+	13
	2150	+	14
	2151	+	15
	2152	+	16
	2153	+	17
	2154	+	18
	2155	+	19
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	2162	+	LRB-3922/1
	2163	+	MED:emw
	2164	+	SECTION 40
	2165	+	SENATE BILL 400
	2166	+	court of competent jurisdiction, the validity of the remainder of this compact and the
	2167	+	applicability thereof to any other government, agency, person or circumstance shall
	2168	+	not be affected thereby.
	2169	+	(c) Notwithstanding par. (b) or this subsection, the commission may deny a
	2170	+	state's participation in the compact or, in accordance with the requirements of sub.
	2171	+	(10) (b), terminate a participating state's participation in the compact, if it
	2172	+	determines that a constitutional requirement of a participating state is, or would be
	2173	+	with respect to a state seeking to participate in the compact, a material departure
	2174	+	from the compact. Otherwise, if this compact shall be held to be contrary to the
	2175	+	constitution of any participating state, the compact shall remain in full force and
	2176	+	effect as to the remaining participating states and in full force and effect as to the
	2177	+	participating state affected as to all severable matters.
	2178	+	(13) BINDING EFFECT OF COMPACT. (a) Nothing herein prevents the enforcement
	2179	+	of any other law of a participating state that is not inconsistent with this compact.
	2180	+	(b) Any laws in a participating state in conflict with this compact are
	2181	+	superseded to the extent of the conflict.
	2182	+	(c) All agreements between the commission and the participating states are
	2183	+	binding in accordance with their terms.
	2184	+	448.9885 Implementation of the PA licensure compact. (1) In this
	2185	+	section:
	2186	+	(a) “Board” means the physician assistant affiliated credentialing board.
	2187	+	(b) “Compact” means the PA licensure compact under s. 448.988.
	2188	+	(c) “Compact privilege” means a compact privilege, as defined in s. 448.988 (2)
	2189	+	(b), that is granted under the compact to an individual to practice in this state.
	2190	+	1
	2191	+	2
	2192	+	3
	2193	+	4
	2194	+	5
	2195	+	6
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	2214	+	MED:emw
	2215	+	SECTION 40 SENATE BILL 400
	2216	+	(2) The department may impose a fee for an individual to receive a compact
	2217	+	privilege as provided in s. 448.988 (3) (b).
	2218	+	(3) (a) An individual who holds a compact privilege shall comply with s. 440.03
	2219	+	(13) (am).
	2220	+	(b) Subject to s. 448.988 and any rules promulgated thereunder, ss. 440.20 to
	2221	+	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
	2222	+	holds a compact privilege in the same manner that they apply to holders of licenses
	2223	+	issued under subch. IX.
	2224	+	SECTION 41. 450.10 (3) (a) 5. of the statutes, as affected by 2021 Wisconsin Act
	2225	+	251, is amended to read:
	2226	+	450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical
	2227	+	therapist, physical therapist assistant, occupational therapist, occupational therapy
	2228	+	assistant, or genetic counselor licensed under ch. 448, a physical therapist or
	2229	+	physical therapist assistant who holds a compact privilege under subch. XI of ch. 448,
	2230	+	or an occupational therapist or occupational therapy assistant who holds a compact
	2231	+	privilege under subch. XII of ch. 448, or a physician assistant who holds a compact
	2232	+	privilege under subch. XIII of ch. 448.
	2233	+	SECTION 42. 462.02 (2) (e) of the statutes is amended to read:
	2234	+	462.02 (2) (e) A physician assistant licensed under s. 448.974.
	2235	+	SECTION 43. 462.04 of the statutes, as affected by 2021 Wisconsin Act 251, is
	2236	+	amended to read:
	2237	+	462.04 Prescription or order required. A person who holds a license or
	2238	+	limited X-ray machine operator permit under this chapter may not use diagnostic
	2239	+	X-ray equipment on humans for diagnostic purposes unless authorized to do so by
	2240	+	prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic
	2241	+	1
	2242	+	2
	2243	+	3
	2244	+	4
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	2265	+	25 - 45 -2023 - 2024 Legislature
	2266	+	LRB-3922/1
	2267	+	MED:emw
	2268	+	SECTION 43
	2269	+	SENATE BILL 400
	2270	+	doctor licensed under s. 466.04 (1), a dentist licensed under s. 447.04 (1), a podiatrist
	2271	+	licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced
	2272	+	practice nurse certified under s. 441.16 (2), a physician assistant who is licensed
	2273	+	under s. 448.974 or who holds a compact privilege under subch. XIII of ch. 448, or,
	2274	+	subject to s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who
	2275	+	holds a compact privilege under subch. XI of ch. 448.
	2276	+	SECTION 44. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
	2277	+	895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician,
	2278	+	naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
	2279	+	under ch. 448, physician assistant who is licensed under subch. IX of ch. 448 or who
	2280	+	holds a compact privilege under subch. XIII of ch. 448, chiropractor licensed under
	2281	+	ch. 446, dentist licensed under ch. 447, emergency medical services practitioner
	2282	+	licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8),
	2283	+	registered nurse licensed under ch. 441, or a massage therapist or bodywork
	2284	+	therapist licensed under ch. 460, or naturopathic doctor licensed under ch. 466 who
	2285	+	renders voluntary health care to a participant in an athletic event or contest
	2286	+	sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school,
	2287	+	as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public
	2288	+	agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is
	2289	+	immune from civil liability for his or her acts or omissions in rendering that care if
	2290	+	all of the following conditions exist:
	2291	+	SECTION 45. 971.14 (4) (a) of the statutes is amended to read:
	2292	+	971.14 (4) (a) The court shall cause copies of the report to be delivered forthwith
	2293	+	to the district attorney and the defense counsel, or the defendant personally if not
	2294	+	represented by counsel. Upon the request of the sheriff or jailer charged with care
	2295	+	1
	2296	+	2
	2297	+	3
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	2319	+	25 - 46 -2023 - 2024 Legislature LRB-3922/1
	2320	+	MED:emw
	2321	+	SECTION 45 SENATE BILL 400
	2322	+	and control of the jail in which the defendant is being held pending or during a trial
	2323	+	or sentencing proceeding, the court shall cause a copy of the report to be delivered
	2324	+	to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the
	2325	+	person who is responsible for maintaining medical records for inmates of the jail, or
	2326	+	to a nurse licensed under ch. 441, to a, physician licensed under subch. II of ch. 448,
	2327	+	or to a physician assistant licensed under subch. IX of ch. 448 who is a health care
	2328	+	provider for the defendant or who is responsible for providing health care services
	2329	+	to inmates of the jail. The report shall not be otherwise disclosed prior to the hearing
	2330	+	under this subsection.
	2331	+	SECTION 46. 971.14 (4) (a) of the statutes is amended to read:
	2332	+	971.14 (4) (a) The court shall cause copies of the report to be delivered forthwith
	2333	+	to the district attorney and the defense counsel, or the defendant personally if not
	2334	+	represented by counsel. Upon the request of the sheriff or jailer charged with care
	2335	+	and control of the jail in which the defendant is being held pending or during a trial
	2336	+	or sentencing proceeding, the court shall cause a copy of the report to be delivered
	2337	+	to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the
	2338	+	person who is responsible for maintaining medical records for inmates of the jail, or
	2339	+	to a nurse licensed under ch. 441, to a physician licensed under subch. II of ch. 448,
	2340	+	or to a physician assistant licensed under subch. IX of ch. 448 who is a health care
	2341	+	provider for the defendant or who is responsible for providing health care services
	2342	+	to inmates of the jail. The report shall not be otherwise disclosed prior to the hearing
	2343	+	under this subsection.
	2344	+	SECTION 47. 990.01 (27s) of the statutes is amended to read:
	2345	+	1
	2346	+	2
	2347	+	3
	2348	+	4
	2349	+	5
	2350	+	6
	2351	+	7
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	2367	+	23 - 47 -2023 - 2024 Legislature
	2368	+	LRB-3922/1
	2369	+	MED:emw
	2370	+	SECTION 47
	2371	+	SENATE BILL 400
	2372	+	990.01 (27s) PHYSICIAN ASSISTANT. “Physician assistant” means a person who
	2373	+	is licensed as a physician assistant under subch. IX of ch. 448 or who holds a compact
	2374	+	privilege under subch. XIII of ch. 448.
	2375	+	(END)
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