Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment:
2		-	2023 Senate Bill 692 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to renumber and amend 440.03 (13) (c) 2.; to amend 15.405 (6) (a), 15.405 (6) (b), 36.60 (1) (ae), 45.40
5		-	(1g) (a), 77.54 (14) (f) 6., 146.81 (1) (c), 146.997 (1) (d) 3., 155.01 (7), 252.14 (1) (ar) 3., 440.03 (9) (a) (intro.), 440.03
6		-	(9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (b), chapter 447 (title), 447.01 (intro.), 447.01 (8) (bm), 447.01
7		-	(13), 447.02 (1) (e), 447.02 (2) (c), 447.02 (2) (d), 447.02 (2) (e), 447.02 (2) (j), 447.02 (4), 447.02 (5), 447.03 (1)
8		-	(intro.), 447.03 (2) (intro.), 447.03 (3) (intro.), 447.06 (1), 447.06 (2) (b), 447.06 (2) (c) (intro.), 447.06 (2) (e) (intro.),
9		-	447.065 (1) (intro.), 447.065 (2), 447.07 (3) (intro.), 447.07 (3) (f), 447.07 (3) (j), 447.09, 447.10, 447.12 (1), 448.956
10		-	(4), 450.10 (3) (a) 4., 451.02 (1), 462.02 (2) (d), 462.04, 463.10 (5), 463.12 (5) and 895.48 (1m) (a) (intro.); and to
11		-	create 14.875, 440.03 (11m) (c) 1t., 440.03 (13) (c) 1. L., subchapter I (title) of chapter 447 [precedes 447.01], 447.01
12		-	(1t), 447.01 (1u), 447.04 (1) (bm), 447.04 (2) (bm), subchapter II of chapter 447 [precedes 447.50] and 990.01 (6m)
13		-	of the statutes; relating to: ratification of the Dentist and Dental Hygienist Compact.
14		-	The people of the state of Wisconsin, represented in
15		-	senate and assembly, do enact as follows:
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 692
	5	+	November 21, 2023 - Introduced by Senators WIMBERGER, HESSELBEIN, FELZKOWSKI,
	6	+	COWLES, L. JOHNSON, MARKLEIN, BALLWEG and SPREITZER, cosponsored by
	7	+	Representatives VANDERMEER, DITTRICH, ARMSTRONG, BODDEN, BROOKS,
	8	+	CALLAHAN, GUSTAFSON, JACOBSON, KITCHENS, MURSAU, O'CONNOR, PENTERMAN,
	9	+	PLUMER, ROZAR, WITTKE and BRANDTJEN. Referred to Committee on Health.
	10	+	AN ACT to renumber and amend 440.03 (13) (c); to amend 15.405 (6) (a), 15.405
	11	+	(6) (b), 36.60 (1) (ae), 45.40 (1g) (a), 77.54 (14) (f) 6., 146.81 (1) (c), 146.997 (1)
	12	+	(d) 3., 155.01 (7), 252.14 (1) (ar) 3., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03
	13	+	(13) (b) (intro.), 440.15, 446.01 (1v) (b), chapter 447 (title), 447.01 (intro.),
	14	+	447.01 (8) (bm), 447.01 (13), 447.02 (1) (e), 447.02 (2) (c), 447.02 (2) (d), 447.02
	15	+	(2) (e), 447.02 (2) (j), 447.02 (4), 447.02 (5), 447.03 (1) (intro.), 447.03 (2) (intro.),
	16	+	447.03 (3) (intro.), 447.06 (1), 447.06 (2) (b), 447.06 (2) (c) (intro.), 447.06 (2) (e)
	17	+	(intro.), 447.065 (1) (intro.), 447.065 (2), 447.07 (3) (intro.), 447.07 (3) (f), 447.07
	18	+	(3) (j), 447.09, 447.10, 447.12 (1), 448.956 (4), 450.10 (3) (a) 4., 451.02 (1), 462.02
	19	+	(2) (d), 462.04, 463.10 (5), 463.12 (5) and 895.48 (1m) (a) (intro.); and to create
	20	+	14.875, 440.03 (11m) (c) 1t., 440.03 (13) (c) 1. i., subchapter I (title) of chapter
	21	+	447 [precedes 447.01], 447.01 (1t), 447.01 (1u), 447.04 (1) (bm), 447.04 (2) (bm),
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	35	+	SENATE BILL 692
	36	+	subchapter II of chapter 447 [precedes 447.50] and 990.01 (6m) of the statutes;
	37	+	relating to: ratification of the Dentist and Dental Hygienist Compact.
	38	+	Analysis by the Legislative Reference Bureau
	39	+	This bill ratifies and enters Wisconsin into the Dentist and Dental Hygienist
	40	+	Compact, which provides for the ability of a dentist or dental hygienist to become
	41	+	eligible to practice in other compact states. Significant provisions of the compact
	42	+	include the following:
	43	+	1. The creation of a Dentist and Dental Hygienist Compact Commission, which
	44	+	includes one member or administrator of the licensure boards of each member state.
	45	+	The commission has various powers and duties granted in the compact, including
	46	+	adopting bylaws, promulgating binding rules for the compact, hiring employees,
	47	+	electing or appointing officers, and appointing committees. The commission may
	48	+	levy on and collect an annual assessment from each member state or impose fees on
	49	+	licensees of participating states when a compact privilege is granted to cover the cost
	50	+	of the operations and activities of the commission and its staff.
	51	+	2. The ability for a dentist or dental hygienist to obtain a “compact privilege,”
	52	+	which allows a dentist or dental hygienist to practice in another compact state
	53	+	(remote state) if he or she satisfies certain criteria. The compact specifies a number
	54	+	of requirements in order for a dentist or dental hygienist to exercise a compact
	55	+	privilege, including holding a license in a home state, not having any encumbrances
	56	+	against a license, and paying any fees and meeting any jurisprudence requirements
	57	+	that may be imposed by a remote state. A dentist or dental hygienist practicing in
	58	+	a remote state under a compact privilege functions within the scope of practice
	59	+	authorized by the remote state for licensees in that state and is subject to that state's
	60	+	regulatory authority. A remote state may, in accordance with that state's laws,
	61	+	revoke or remove a dentist's or dental hygienist's compact privilege in the remote
	62	+	state for a specific period of time, impose fines, and take any other necessary actions
	63	+	to protect the health and safety of its citizens. If a dentist's or dental hygienist's
	64	+	license is encumbered, he or she loses the compact privilege in all remote states until
	65	+	the license is no longer encumbered and again meets the requirements for a compact
	66	+	privilege. If a dentist's or dental hygienist's compact privilege to practice in a remote
	67	+	state is removed, he or she loses the compact privilege in any remote state and is not
	68	+	eligible for a compact privilege in any remote state until the license is no longer
	69	+	encumbered.
	70	+	3. The ability of member states to issue subpoenas that are enforceable in other
	71	+	states.
	72	+	4. The creation of a coordinated database and reporting system containing
	73	+	licensure and disciplinary action information on dentists and dental hygienists. A
	74	+	member state must submit a uniform data set to the data system on all individuals
	75	+	to whom the compact is applicable as required by the rules of the commission.
	76	+	5. Provisions regarding resolutions of disputes between member states and
	77	+	between member and nonmember states, including a process for termination of a
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	83	+	state's membership in the compact if the state defaults on its obligations under the
	84	+	compact.
	85	+	The compact becomes effective in this state upon its enactment in seven states.
	86	+	The compact provides that it may be amended upon the enactment of an amendment
	87	+	by all member states. A state may withdraw from the compact by repealing the
	88	+	statute authorizing the compact, but the compact provides that a withdrawal does
	89	+	not take effect until 180 days after the effective date of that repeal.
	90	+	For further information see the state and local fiscal estimate, which will be
	91	+	printed as an appendix to this bill.
	92	+	The people of the state of Wisconsin, represented in senate and assembly, do
	93	+	enact as follows:
16	94		SECTION 1. 14.875 of the statutes is created to read:
17		-	14.875 Dentist and dental hygienist compact.
18		-	There is created a dentist and dental hygienist compact
19		-	commission as specified in s. 447.50. The commissioner
20		-	on the commission representing this state shall be
21		-	appointed by the dentistry examining board as provided
22		-	in s. 447.50 (7) (b) 1. and shall be an individual described
23		-	in s. 447.50 (7) (b) 2. The commission has the powers and
24		-	duties granted and imposed under s. 447.50.
25		-	SECTION 2. 15.405 (6) (a) of the statutes is amended
26		-	to read:
27		-	15.405 (6) (a) Six dentists who are licensed under
28		-	subch. I of ch. 447.
29		-	SECTION 3. 15.405 (6) (b) of the statutes is amended
30		-	to read:
31		-	15.405 (6) (b) Three dental hygienists who are
32		-	licensed under subch. I of ch. 447. Notwithstanding s.
33		-	15.08 (1m) (a), the dental hygienist members may partic-
34		-	ipate in the preparation and grading of licensing exami-
35		-	nations for dental hygienists.
36		-	SECTION 4. 36.60 (1) (ae) of the statutes is amended
37		-	to read:
38		-	36.60 (1) (ae) “Dentist” means a dentist, as defined
39		-	in s. 447.01 (7), who is licensed under subch. I of ch. 447
40		-	and who practices general or pediatric dentistry.
41		-	SECTION 5. 45.40 (1g) (a) of the statutes, as affected
42		-	by 2023 Wisconsin Act 56, is amended to read:
43		-	45.40 (1g) (a) “Health care provider” means an
44		-	advanced practice nurse prescriber who is certified under
45		-	s. 441.16 (2), an audiologist who is licensed under subch.
46		-	II of ch. 459 or who holds a compact privilege under
47		-	subch. III of ch. 459, a dentist who is licensed under
48		-	* 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
49		-	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 692
50		-	subch. I of ch. 447 or who holds a compact privilege
51		-	under subch. II of ch. 447, an optometrist who is licensed
52		-	under ch. 449, a physician who is licensed under s.
53		-	448.02, or a podiatrist who is licensed under s. 448.63.
54		-	SECTION 6. 77.54 (14) (f) 6. of the statutes is amended
55		-	to read:
56		-	77.54 (14) (f) 6. A dentist who is licensed under
57		-	subch. I of ch. 447 or who holds a compact privilege
58		-	under subch. II of ch. 447.
59		-	SECTION 7. 146.81 (1) (c) of the statutes is amended
60		-	to read:
61		-	146.81 (1) (c) A dentist who is licensed under ch. 447
62		-	or who holds a compact privilege under subch. II of ch.
63		-	447.
64		-	SECTION 8. 146.997 (1) (d) 3. of the statutes is
65		-	amended to read:
66		-	146.997 (1) (d) 3. A dentist who is licensed under ch.
67		-	447 or who holds a compact privilege under subch. II of
68		-	ch. 447.
69		-	SECTION 9. 155.01 (7) of the statutes, as affected by
70		-	2023 Wisconsin Act 81, is amended to read:
71		-	155.01 (7) “Health care provider” means a nurse
72		-	licensed or permitted under ch. 441, a chiropractor
73		-	licensed under ch. 446, a dentist licensed under subch. I
74		-	of ch. 447, a physician, physician assistant, perfusionist,
75		-	podiatrist, physical therapist, physical therapist assistant,
76		-	occupational therapist, occupational therapy assistant, or
77		-	genetic counselor licensed under ch. 448, a naturopathic
78		-	doctor licensed under ch. 466, a person practicing Chris-
79		-	tian Science treatment, an optometrist licensed under ch.
80		-	449, a psychologist who is licensed under ch. 455, who
81		-	is exercising the temporary authorization to practice, as
82		-	defined in s. 455.50 (2) (o), in this state, or who is practic-
83		-	ing under the authority to practice interjurisdictional
84		-	telepsychology, as defined in s. 455.50 (2) (b), a dentist
85		-	who holds a compact privilege under subch. II of ch. 447,
86		-	a physical therapist or physical therapist assistant who
87		-	holds a compact privilege under subch. XI of ch. 448, an
88		-	occupational therapist or occupational therapy assistant
89		-	who holds a compact privilege under subch. XII of ch.
90		-	448, a physician assistant who holds a compact privilege
91		-	under subch. XIII of ch. 448, a partnership thereof, a cor-
92		-	poration or limited liability company thereof that pro-
93		-	vides health care services, a cooperative health care asso-
94		-	ciation organized under s. 185.981 that directly provides
95		-	services through salaried employees in its own facility, or
96		-	a home health agency, as defined in s. 50.49 (1) (a).
97		-	SECTION 10. 252.14 (1) (ar) 3. of the statutes is
98		-	amended to read:
99		-	252.14 (1) (ar) 3. A dentist who is licensed under
100		-	subch. I of ch. 447 or who holds a compact privilege
101		-	under subch. II of ch. 447.
102		-	SECTION 11. 440.03 (9) (a) (intro.) of the statutes, as
103		-	affected by 2023 Wisconsin Acts 55, 56 and 81, is
104		-	amended to read:
105		-	440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and
106		-	s. 458.33 (2) (b) and (5), the department shall, biennially,
107		-	determine each fee for an initial credential for which no
108		-	examination is required, for a reciprocal credential, and
109		-	for a credential renewal and any fees imposed under ss.
110		-	447.51 (2), 448.986 (2), 448.9875 (2), and 448.9885 (2),
111		-	and 457.51 (2), and 459.71 (2) by doing all of the follow-
112		-	ing:
113		-	SECTION 12. 440.03 (9) (a) 2. of the statutes, as
114		-	affected by 2023 Wisconsin Acts 55, 56 and 81, is
115		-	amended to read:
116		-	440.03 (9) (a) 2. Not later than January 31 of each
117		-	odd−numbered year, adjusting for the succeeding fiscal
118		-	biennium each fee for an initial credential for which an
119		-	examination is not required, for a reciprocal credential,
120		-	and, subject to s. 440.08 (2) (a), for a credential renewal,
121		-	and any fees imposed under ss. 447.51 (2), 448.986 (2),
122		-	448.9875 (2), and 448.9885 (2), and 457.51 (2), and
123		-	459.71 (2), if an adjustment is necessary to reflect the
124		-	approximate administrative and enforcement costs of the
125		-	department that are attributable to the regulation of the
126		-	particular occupation or business during the period in
127		-	which the initial or reciprocal credential, credential
128		-	renewal, or compact privilege is in effect and, for pur-
129		-	poses of each fee for a credential renewal, to reflect an
130		-	estimate of any additional moneys available for the
131		-	department’s general program operations as a result of
132		-	appropriation transfers that have been or are estimated to
133		-	be made under s. 20.165 (1) (i) during the fiscal biennium
134		-	in progress at the time of the deadline for an adjustment
135		-	under this subdivision or during the fiscal biennium
136		-	beginning on the July 1 immediately following the dead-
137		-	line for an adjustment under this subdivision.
138		-	SECTION 13. 440.03 (11m) (c) 1t. of the statutes is
139		-	created to read:
140		-	440.03 (11m) (c) 1t. The coordinated database and
141		-	reporting system under s. 447.50 (8), if such disclosure
142		-	is required under the dentist and dental hygienist compact
143		-	under s. 447.50.
144		-	SECTION 14. 440.03 (13) (b) (intro.) of the statutes,
145		-	as affected by 2023 Wisconsin Acts 55, 56 and 81, is
146		-	amended to read:
147		-	440.03 (13) (b) (intro.) The department may investi-
148		-	gate whether an applicant for or holder of any of the fol-
149		-	lowing credentials has been charged with or convicted of
150		-	a crime only pursuant to rules promulgated by the depart-
151		-	ment under this paragraph, including rules that establish
152		-	the criteria that the department will use to determine
153		-	whether an investigation under this paragraph is neces-
154		-	sary, except as provided in par. (c) and ss. 441.51 (5) (a)
155		-	5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
156		-	448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5.,
157		-	455.50 (3) (e) 4. and (f) 4., and 457.50 (3) (b) 3. and (5)
158		-	(b) 2. a., and 459.70 (3) (b) 2.: − 3 − 2023 Wisconsin Act 2023 Senate Bill 692
159		-	SECTION 16. 440.03 (13) (c) 1. L. of the statutes is
160		-	created to read:
161		-	440.03 (13) (c) 1. L. An applicant for a dentist or den-
162		-	tal hygienist license or compact privilege under s. 447.04
163		-	when required pursuant to the dentist and dental hygien-
164		-	ist compact under s. 447.50.
165		-	SECTION 15. 440.03 (13) (c) 2. of the statutes, as
166		-	affected by 2023 Wisconsin Acts 55, 56 and 81, is
167		-	amended to read:
168		-	440.03 (13) (c) 2. The department of justice may sub-
169		-	mit the fingerprint cards, and the department of justice
170		-	shall submit the fingerprint cards of all applicants identi-
171		-	fied in subd. 1. c. to i. L., to the federal bureau of investi-
172		-	gation for the purpose of verifying the identity of the per-
173		-	sons fingerprinted and obtaining records of their criminal
174		-	arrests and convictions.
175		-	SECTION 17. 440.15 of the statutes, as affected by
176		-	2023 Wisconsin Acts 55, 56 and 81, is amended to read:
177		-	440.15 No fingerprinting. Except as provided
178		-	under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a)
179		-	5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
180		-	5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c)
181		-	9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., and
182		-	457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 1.,
183		-	the department or a credentialing board may not require
184		-	that an applicant for a credential or a credential holder be
185		-	fingerprinted or submit fingerprints in connection with
186		-	the department’s or the credentialing board’s credential-
187		-	ing.
188		-	SECTION 18. 446.01 (1v) (b) of the statutes is
189		-	amended to read:
190		-	446.01 (1v) (b) Dentistry examining board under
191		-	subch. I of ch. 447. “Health care professional” also
192		-	includes an individual who holds a compact privilege
193		-	under subch. II of ch. 447.
194		-	SECTION 19. Chapter 447 (title) of the statutes is
195		-	amended to read:
	95	+	14.875 Dentist and dental hygienist compact. There is created a dentist
	96	+	and dental hygienist compact commission as specified in s. 447.50. The
	97	+	commissioner on the commission representing this state shall be appointed by the
	98	+	dentistry examining board as provided in s. 447.50 (7) (b) 1. and shall be an
	99	+	individual described in s. 447.50 (7) (b) 2. The commission has the powers and duties
	100	+	granted and imposed under s. 447.50.
	101	+	SECTION 2. 15.405 (6) (a) of the statutes is amended to read:
	102	+	15.405 (6) (a) Six dentists who are licensed under subch. I of ch. 447.
	103	+	SECTION 3. 15.405 (6) (b) of the statutes is amended to read:
	104	+	15.405 (6) (b) Three dental hygienists who are licensed under subch. I of ch.
	105	+	447. Notwithstanding s. 15.08 (1m) (a), the dental hygienist members may
	106	+	participate in the preparation and grading of licensing examinations for dental
	107	+	hygienists.
	108	+	SECTION 4. 36.60 (1) (ae) of the statutes is amended to read:
	109	+	36.60 (1) (ae) “Dentist" means a dentist, as defined in s. 447.01 (7), who is
	110	+	licensed under subch. I of ch. 447 and who practices general or pediatric dentistry.
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	129	+	SECTION 5 SENATE BILL 692
	130	+	SECTION 5. 45.40 (1g) (a) of the statutes is amended to read:
	131	+	45.40 (1g) (a) “Health care provider" means an advanced practice nurse
	132	+	prescriber who is certified under s. 441.16 (2), an audiologist who is licensed under
	133	+	ch. 459, a dentist who is licensed under subch. I of ch. 447 or who holds a compact
	134	+	privilege under subch. II of ch. 447, an optometrist who is licensed under ch. 449, a
	135	+	physician who is licensed under s. 448.02, or a podiatrist who is licensed under s.
	136	+	448.63.
	137	+	SECTION 6. 77.54 (14) (f) 6. of the statutes is amended to read:
	138	+	77.54 (14) (f) 6. A dentist who is licensed under subch. I of ch. 447 or who holds
	139	+	a compact privilege under subch. II of ch. 447.
	140	+	SECTION 7. 146.81 (1) (c) of the statutes is amended to read:
	141	+	146.81 (1) (c) A dentist who is licensed under ch. 447 or who holds a compact
	142	+	privilege under subch. II of ch. 447.
	143	+	SECTION 8. 146.997 (1) (d) 3. of the statutes is amended to read:
	144	+	146.997 (1) (d) 3. A dentist who is licensed under ch. 447 or who holds a compact
	145	+	privilege under subch. II of ch. 447.
	146	+	SECTION 9. 155.01 (7) of the statutes, as affected by 2021 Wisconsin Act 251,
	147	+	is amended to read:
	148	+	155.01 (7) “Health care provider" means a nurse licensed or permitted under
	149	+	ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under subch. I of ch.
	150	+	447, a physician, physician assistant, perfusionist, podiatrist, physical therapist,
	151	+	physical therapist assistant, occupational therapist, occupational therapy assistant,
	152	+	or genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch.
	153	+	466, a person practicing Christian Science treatment, an optometrist licensed under
	154	+	ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary
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	180	+	LRB-1697/1
	181	+	MED:emw
	182	+	SECTION 9
	183	+	SENATE BILL 692
	184	+	authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
	185	+	practicing under the authority to practice interjurisdictional telepsychology, as
	186	+	defined in s. 455.50 (2) (b), a dentist who holds a compact privilege under subch. II
	187	+	of ch. 447, a physical therapist or physical therapist assistant who holds a compact
	188	+	privilege under subch. XI of ch. 448, an occupational therapist or occupational
	189	+	therapy assistant who holds a compact privilege under subch. XII of ch. 448, a
	190	+	partnership thereof, a corporation or limited liability company thereof that provides
	191	+	health care services, a cooperative health care association organized under s.
	192	+	185.981 that directly provides services through salaried employees in its own facility,
	193	+	or a home health agency, as defined in s. 50.49 (1) (a).
	194	+	SECTION 10. 252.14 (1) (ar) 3. of the statutes is amended to read:
	195	+	252.14 (1) (ar) 3. A dentist who is licensed under subch. I of ch. 447 or who holds
	196	+	a compact privilege under subch. II of ch. 447.
	197	+	SECTION 11. 440.03 (9) (a) (intro.) of the statutes is amended to read:
	198	+	440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
	199	+	the department shall, biennially, determine each fee for an initial credential for
	200	+	which no examination is required, for a reciprocal credential, and for a credential
	201	+	renewal and any fees imposed under ss. 447.51 (2), 448.986 (2), and 448.9875 (2) by
	202	+	doing all of the following:
	203	+	SECTION 12. 440.03 (9) (a) 2. of the statutes is amended to read:
	204	+	440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
	205	+	adjusting for the succeeding fiscal biennium each fee for an initial credential for
	206	+	which an examination is not required, for a reciprocal credential, and, subject to s.
	207	+	440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 447.51 (2),
	208	+	448.986 (2), and 448.9875 (2), if an adjustment is necessary to reflect the
	209	+	1
	210	+	2
	211	+	3
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	234	+	MED:emw
	235	+	SECTION 12 SENATE BILL 692
	236	+	approximate administrative and enforcement costs of the department that are
	237	+	attributable to the regulation of the particular occupation or business during the
	238	+	period in which the initial or reciprocal credential, credential renewal, or compact
	239	+	privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
	240	+	an estimate of any additional moneys available for the department's general
	241	+	program operations as a result of appropriation transfers that have been or are
	242	+	estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
	243	+	at the time of the deadline for an adjustment under this subdivision or during the
	244	+	fiscal biennium beginning on the July 1 immediately following the deadline for an
	245	+	adjustment under this subdivision.
	246	+	SECTION 13. 440.03 (11m) (c) 1t. of the statutes is created to read:
	247	+	440.03 (11m) (c) 1t. The coordinated database and reporting system under s.
	248	+	447.50 (8), if such disclosure is required under the dentist and dental hygienist
	249	+	compact under s. 447.50.
	250	+	SECTION 14. 440.03 (13) (b) (intro.) of the statutes is amended to read:
	251	+	440.03 (13) (b) (intro.) The department may investigate whether an applicant
	252	+	for or holder of any of the following credentials has been charged with or convicted
	253	+	of a crime only pursuant to rules promulgated by the department under this
	254	+	paragraph, including rules that establish the criteria that the department will use
	255	+	to determine whether an investigation under this paragraph is necessary, except as
	256	+	provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985
	257	+	(3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4.:
	258	+	SECTION 15. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
	259	+	(intro.) and amended to read:
	260	+	1
	261	+	2
	262	+	3
	263	+	4
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	285	+	MED:emw
	286	+	SECTION 15
	287	+	SENATE BILL 692
	288	+	440.03 (13) (c) 1. (intro.) The department shall require an all of the following
	289	+	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
	290	+	set of the person's fingerprints:
	291	+	a. An applicant for a private detective license or a private security permit under
	292	+	s. 440.26, an.
	293	+	b. An applicant for a juvenile martial arts instructor permit under sub. (17),
	294	+	an.
	295	+	c. An applicant for a real estate appraiser certification under s. 458.06 or
	296	+	license under s. 458.08, an.
	297	+	d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
	298	+	e. An applicant for a compact license under s. 448.05 (2) (f), an.
	299	+	f. An applicant for a physical therapist license under s. 448.53 or physical
	300	+	therapist assistant license under s. 448.535, an.
	301	+	g. An applicant for an occupational therapist or occupational therapy assistant
	302	+	compact privilege under s. 448.987 (4), and an applicant for an occupational
	303	+	therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
	304	+	a., an
	305	+	h. An applicant for a psychologist license under s. 455.04, and a.
	306	+	z. A person for whom the department conducts an investigation under par. (b),
	307	+	to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
	308	+	set of the person's fingerprints.
	309	+	2. The department of justice may submit the fingerprint cards, and the
	310	+	department of justice shall submit the fingerprint cards of all applicants for a real
	311	+	estate appraiser certification under s. 458.06 or license under s. 458.08, of all
	312	+	applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
	313	+	1
	314	+	2
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	338	+	MED:emw
	339	+	SECTION 15 SENATE BILL 692
	340	+	for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
	341	+	license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
	342	+	of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
	343	+	i., to the federal bureau of investigation for the purpose of verifying the identity of
	344	+	the persons fingerprinted and obtaining records of their criminal arrests and
	345	+	convictions.
	346	+	3. Information obtained from the federal bureau of investigation may be shared
	347	+	with the department or the appropriate credentialing board, but shall otherwise be
	348	+	kept confidential and is not subject to disclosure under s. 19.35.
	349	+	SECTION 16. 440.03 (13) (c) 1. i. of the statutes is created to read:
	350	+	440.03 (13) (c) 1. i. An applicant for a dentist or dental hygienist license or
	351	+	compact privilege under s. 447.04 when required pursuant to the dentist and dental
	352	+	hygienist compact under s. 447.50.
	353	+	SECTION 17. 440.15 of the statutes is amended to read:
	354	+	440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
	355	+	441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
	356	+	5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f)
	357	+	4., the department or a credentialing board may not require that an applicant for a
	358	+	credential or a credential holder be fingerprinted or submit fingerprints in
	359	+	connection with the department's or the credentialing board's credentialing.
	360	+	SECTION 18. 446.01 (1v) (b) of the statutes is amended to read:
	361	+	446.01 (1v) (b) Dentistry examining board under subch. I of ch. 447. “Health
	362	+	care professional" also includes an individual who holds a compact privilege under
	363	+	subch. II of ch. 447.
	364	+	SECTION 19. Chapter 447 (title) of the statutes is amended to read:
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	390	+	LRB-1697/1
	391	+	MED:emw
	392	+	SECTION 19
	393	+	SENATE BILL 692
196	394		CHAPTER 447
197	395		DENTISTRY EXAMINING BOARD
198	396		AND DENTAL HYGIENE
199		-	SECTION 20. Subchapter I (title) of chapter 447 [~~pre-~~
200		-	~~cedes 447.01] of the statutes~~ is created to read:
	397	+	SECTION 20. Subchapter I (title) of chapter 447 [precedes 447.01] of the statutes
	398	+	is created to read:
201	399		CHAPTER 447
202	400		SUBCHAPTER I
203	401		REGULATION OF DENTISTR Y
204	402		AND DENTAL HYGIENE
205		-	SECTION 21. 447.01 (intro.) of the statutes is
206		-	amended to read:
207		-	447.01 Definitions. (intro.) In this chapter sub-
208		-	chapter:
209		-	SECTION 22. 447.01 (1t) of the statutes is created to
210		-	read:
211		-	447.01 (1t) “Compact” means the dentist and dental
212		-	hygienist compact under s. 447.50.
213		-	SECTION 23. 447.01 (1u) of the statutes is created to
214		-	read:
215		-	447.01 (1u) “Compact privilege” means a compact
216		-	privilege, as defined in s. 447.50 (2) (g), that is granted
217		-	under the compact to an individual to practice in this
	403	+	SECTION 21. 447.01 (intro.) of the statutes is amended to read:
	404	+	447.01 Definitions. (intro.) In this chapter subchapter:
	405	+	SECTION 22. 447.01 (1t) of the statutes is created to read:
	406	+	447.01 (1t) “Compact" means the dentist and dental hygienist compact under
	407	+	s. 447.50.
	408	+	SECTION 23. 447.01 (1u) of the statutes is created to read:
	409	+	447.01 (1u) “Compact privilege" means a compact privilege, as defined in s.
	410	+	447.50 (2) (g), that is granted under the compact to an individual to practice in this
218	411		state.
219		-	SECTION 24. 447.01 (8) (bm) of the statutes is
220		-	amended to read:
221		-	447.01 (8) (bm) A dentist who is licensed under this
222		-	chapter subchapter or who is exercising the compact
223		-	privilege in this state may not perform dental services
224		-	that are outside the scope of the dentist’s relevant educa-
225		-	tion, training, and experience.
226		-	SECTION 25. 447.01 (13) of the statutes is amended
227		-	to read:
228		-	447.01 (13) “Written or oral prescription” means
229		-	specific written or oral authorization by a dentist who is
230		-	licensed to practice dentistry under this chapter to per-
231		-	form patient procedures according to a clearly defined
232		-	treatment plan developed by the dentist.
233		-	SECTION 26. 447.02 (1) (e) of the statutes is amended
234		-	to read:
235		-	447.02 (1) (e) Providing for the granting of tempo-
236		-	rary licenses under this chapter subchapter.
237		-	SECTION 27. 447.02 (2) (c) of the statutes is amended
238		-	to read:
239		-	447.02 (2) (c) Whether an individual is required to be
240		-	licensed under this chapter subchapter to remove plaque
241		-	or materia alba accretions with mechanical devices.
242		-	SECTION 28. 447.02 (2) (d) of the statutes is amended
243		-	to read:
244		-	447.02 (2) (d) The oral systemic premedications and
245		-	subgingival sustained release chemotherapeutic agents
246		-	that may be administered by a dental hygienist licensed
247		-	under this chapter under s. 447.06 (2) (e) 1. and 3.
248		-	SECTION 29. 447.02 (2) (e) of the statutes is amended
249		-	to read:
250		-	447.02 (2) (e) The educational requirements for
251		-	administration of local anesthesia by a dental hygienist
252		-	licensed under this chapter under s. 447.06 (2) (e) 2.
253		-	SECTION 30. 447.02 (2) (j) of the statutes is amended
254		-	to read:
255		-	447.02 (2) (j) The educational requirements for a
256		-	dental hygienist licensed under this chapter to administer
257		-	nitrous oxide inhalation analgesia under s. 447.06 (2) (e)
258		-	4.
259		-	SECTION 31. 447.02 (4) of the statutes is amended to
260		-	read:
261		-	447.02 (4) In the course of investigating a violation
262		-	of this chapter subchapter, the examining board may
263		-	require, by order or subpoena, that a person who manages
264		-	or controls a business that offers dental or dental hygiene
265		-	services, including management or control of a business
266		-	through which the person allows another person to offer
267		-	dental or dental hygiene services, produce patient health
268		-	care records, as defined in s. 146.81 (4).
269		-	SECTION 32. 447.02 (5) of the statutes is amended to
270		-	read: − 4 −2023 Wisconsin Act 2023 Senate Bill 692
271		-	447.02 (5) Except as provided in ss. 447.058 and
272		-	447.063, nothing in this chapter subchapter may be con-
273		-	strued as authorizing the examining board to regulate
274		-	business or administrative support functions or services,
275		-	that do not constitute the practice of dentistry or dental
276		-	hygiene, provided to a business that provides dental or
277		-	dental hygiene services.
278		-	SECTION 33. 447.03 (1) (intro.) of the statutes is
279		-	amended to read:
280		-	447.03 (1) DENTISTS. (intro.) Except as provided
281		-	under sub. (3) and ss. 257.03 and 447.02 (3), no person
282		-	may do any of the following unless he or she is licensed
283		-	to practice dentistry under this chapter subchapter or
284		-	holds a compact privilege to practice dentistry:
285		-	SECTION 34. 447.03 (2) (intro.) of the statutes is
286		-	amended to read:
287		-	447.03 (2) DENTAL HYGIENISTS. (intro.) Except as
288		-	provided under sub. (3) and s. 447.02 (3), no person may
289		-	do any of the following unless he or she is licensed to
290		-	practice dental hygiene under this chapter subchapter or
291		-	holds a compact privilege to practice dental hygiene:
292		-	SECTION 35. 447.03 (3) (intro.) of the statutes is
293		-	amended to read:
294		-	447.03 (3) EXCEPTIONS. (intro.) No license or certifi-
295		-	cate under this chapter subchapter is required for any of
296		-	the following:
297		-	SECTION 36. 447.04 (1) (bm) of the statutes is created
298		-	to read:
299		-	447.04 (1) (bm) The examining board shall grant a
300		-	compact privilege to practice dentistry to an individual
301		-	who does all of the following:
302		-	1. Submits an application for the compact privilege
303		-	to the department on a form provided by the department.
	412	+	SECTION 24. 447.01 (8) (bm) of the statutes is amended to read:
	413	+	447.01 (8) (bm) A dentist who is licensed under this chapter subchapter or who
	414	+	is exercising the compact privilege in this state may not perform dental services that
	415	+	are outside the scope of the dentist's relevant education, training, and experience.
	416	+	SECTION 25. 447.01 (13) of the statutes is amended to read:
	417	+	447.01 (13) “Written or oral prescription" means specific written or oral
	418	+	authorization by a dentist who is licensed to practice dentistry under this chapter to
	419	+	1
	420	+	2
	421	+	3
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	444	+	MED:emw
	445	+	SECTION 25 SENATE BILL 692
	446	+	perform patient procedures according to a clearly defined treatment plan developed
	447	+	by the dentist.
	448	+	SECTION 26. 447.02 (1) (e) of the statutes is amended to read:
	449	+	447.02 (1) (e) Providing for the granting of temporary licenses under this
	450	+	chapter subchapter.
	451	+	SECTION 27. 447.02 (2) (c) of the statutes is amended to read:
	452	+	447.02 (2) (c) Whether an individual is required to be licensed under this
	453	+	chapter subchapter to remove plaque or materia alba accretions with mechanical
	454	+	devices.
	455	+	SECTION 28. 447.02 (2) (d) of the statutes is amended to read:
	456	+	447.02 (2) (d) The oral systemic premedications and subgingival sustained
	457	+	release chemotherapeutic agents that may be administered by a dental hygienist
	458	+	licensed under this chapter under s. 447.06 (2) (e) 1. and 3.
	459	+	SECTION 29. 447.02 (2) (e) of the statutes is amended to read:
	460	+	447.02 (2) (e) The educational requirements for administration of local
	461	+	anesthesia by a dental hygienist licensed under this chapter under s. 447.06 (2) (e)
	462	+	2.
	463	+	SECTION 30. 447.02 (2) (j) of the statutes is amended to read:
	464	+	447.02 (2) (j) The educational requirements for a dental hygienist licensed
	465	+	under this chapter to administer nitrous oxide inhalation analgesia under s. 447.06
	466	+	(2) (e) 4.
	467	+	SECTION 31. 447.02 (4) of the statutes is amended to read:
	468	+	447.02 (4) In the course of investigating a violation of this chapter subchapter,
	469	+	the examining board may require, by order or subpoena, that a person who manages
	470	+	or controls a business that offers dental or dental hygiene services, including
	471	+	1
	472	+	2
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	496	+	LRB-1697/1
	497	+	MED:emw
	498	+	SECTION 31
	499	+	SENATE BILL 692
	500	+	management or control of a business through which the person allows another
	501	+	person to offer dental or dental hygiene services, produce patient health care records,
	502	+	as defined in s. 146.81 (4).
	503	+	SECTION 32. 447.02 (5) of the statutes is amended to read:
	504	+	447.02 (5) Except as provided in ss. 447.058 and 447.063, nothing in this
	505	+	chapter subchapter may be construed as authorizing the examining board to
	506	+	regulate business or administrative support functions or services, that do not
	507	+	constitute the practice of dentistry or dental hygiene, provided to a business that
	508	+	provides dental or dental hygiene services.
	509	+	SECTION 33. 447.03 (1) (intro.) of the statutes is amended to read:
	510	+	447.03 (1) DENTISTS. (intro.) Except as provided under sub. (3) and ss. 257.03
	511	+	and 447.02 (3), no person may do any of the following unless he or she is licensed to
	512	+	practice dentistry under this chapter subchapter or holds a compact privilege to
	513	+	practice dentistry:
	514	+	SECTION 34. 447.03 (2) (intro.) of the statutes is amended to read:
	515	+	447.03 (2) DENTAL HYGIENISTS. (intro.) Except as provided under sub. (3) and
	516	+	s. 447.02 (3), no person may do any of the following unless he or she is licensed to
	517	+	practice dental hygiene under this chapter subchapter or holds a compact privilege
	518	+	to practice dental hygiene:
	519	+	SECTION 35. 447.03 (3) (intro.) of the statutes is amended to read:
	520	+	447.03 (3) EXCEPTIONS. (intro.) No license or certificate under this chapter
	521	+	subchapter is required for any of the following:
	522	+	SECTION 36. 447.04 (1) (bm) of the statutes is created to read:
	523	+	447.04 (1) (bm) The examining board shall grant a compact privilege to practice
	524	+	dentistry to an individual who does all of the following:
	525	+	1
	526	+	2
	527	+	3
	528	+	4
	529	+	5
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	550	+	MED:emw
	551	+	SECTION 36 SENATE BILL 692
	552	+	1. Submits an application for the compact privilege to the department on a form
	553	+	provided by the department.
304	554		2. Pays the applicable fee specified in s. 447.51 (2).
305		-	3. Passes an examination administered by the exam-
306		-	ining board on the statutes and rules relating to dentistry.
307		-	4. Satisfies all other applicable requirements under s.
308		-	447.50 (4).
309		-	SECTION 37. 447.04 (2) (bm) of the statutes is created
310		-	to read:
311		-	447.04 (2) (bm) The examining board shall grant a
312		-	compact privilege to practice dental hygiene to an indi-
313		-	vidual who does all of the following:
314		-	1. Submits an application for the compact privilege
315		-	to the department on a form provided by the department.
	555	+	3. Passes an examination administered by the examining board on the statutes
	556	+	and rules relating to dentistry.
	557	+	4. Satisfies all other applicable requirements under s. 447.50 (4).
	558	+	SECTION 37. 447.04 (2) (bm) of the statutes is created to read:
	559	+	447.04 (2) (bm) The examining board shall grant a compact privilege to practice
	560	+	dental hygiene to an individual who does all of the following:
	561	+	1. Submits an application for the compact privilege to the department on a form
	562	+	provided by the department.
316	563		2. Pays the applicable fee specified in s. 447.51 (2).
317		-	3. Passes an examination administered by the exam-
318		-	ining board on the statutes and rules relating to dental
319		-	hygiene.
320		-	4. Satisfies all other applicable requirements under s.
321		-	447.50 (4).
322		-	SECTION 38. 447.06 (1) of the statutes is amended to
323		-	read:
324		-	447.06 (1) No contract of employment entered into
325		-	between a dentist and any other party under which the
326		-	dentist renders dental services may require the dentist to
327		-	act in a manner which that violates the professional stan-
328		-	dards for dentistry set forth in this chapter subchapter.
329		-	Nothing in this subsection limits the ability of the other
330		-	party to control the operation of the dental practice in a
331		-	manner in accordance with the professional standards for
332		-	dentistry set forth in this chapter subchapter.
333		-	SECTION 39. 447.06 (2) (b) of the statutes is amended
334		-	to read:
335		-	447.06 (2) (b) A dental hygienist may practice dental
336		-	hygiene or perform remediable procedures under par. (a)
337		-	1. only as authorized by a dentist who is licensed to prac-
338		-	tice dentistry under this chapter and who is present in the
339		-	facility in which those practices or procedures are per-
340		-	formed, except as provided in par. (c).
341		-	SECTION 40. 447.06 (2) (c) (intro.) of the statutes is
342		-	amended to read:
343		-	447.06 (2) (c) (intro.) A dental hygienist may prac-
344		-	tice dental hygiene or perform remediable procedures
345		-	under par. (a) 1. if a dentist who is licensed to practice
346		-	dentistry under this chapter is not present in the facility
347		-	in which those practices or procedures are performed
348		-	only if all of the following conditions are met:
349		-	SECTION 41. 447.06 (2) (e) (intro.) of the statutes is
350		-	amended to read:
351		-	447.06 (2) (e) (intro.) Pursuant to a treatment plan
352		-	approved by a dentist who is licensed under this chapter,
353		-	a dental hygienist licensed under this chapter may admin-
354		-	ister the following upon delegation by the dentist if the
355		-	dentist remains on the premises in which the practices are
356		-	performed and is available to the patient throughout the
357		-	completion of the appointment:
358		-	SECTION 42. 447.065 (1) (intro.) of the statutes is
359		-	amended to read:
360		-	447.065 (1) (intro.) A dentist who is licensed to prac-
361		-	tice dentistry under this chapter may delegate to an indi-
362		-	vidual who is not licensed under this chapter subchapter
363		-	only the performance of remediable procedures, and only
364		-	if all of the following conditions are met:
365		-	SECTION 43. 447.065 (2) of the statutes is amended
366		-	to read:
367		-	447.065 (2) Subject to the requirements under s.
368		-	447.06 (2), a dentist who is licensed to practice dentistry
369		-	under this chapter may delegate to a dental hygienist who
370		-	is licensed to practice dental hygiene under this chapter
371		-	the performance of remediable procedures and the
372		-	administration of oral systemic premedications, local
373		-	anesthesia, nitrous oxide inhalation analgesia, and sub-
374		-	gingival sustained release chemotherapeutic agents.
375		-	SECTION 44. 447.07 (3) (intro.) of the statutes is
376		-	amended to read:
377		-	447.07 (3) (intro.) Subject to the rules promulgated
378		-	under s. 440.03 (1), the examining board may make
379		-	investigations and conduct hearings in regard to any
380		-	alleged action of any dentist, dental hygienist, or
381		-	expanded function dental auxiliary, of a mobile dentistry
382		-	program registrant, or of any other person it has reason to − 5 − 2023 Wisconsin Act 2023 Senate Bill 692
383		-	believe is engaged in or has engaged in the practice of
384		-	dentistry or dental hygiene, or the operation of a mobile
385		-	dentistry program, in this state, and may, on its own
386		-	motion, or upon complaint in writing, reprimand any
387		-	dentist, dental hygienist, or expanded function dental
388		-	auxiliary who is licensed or certified under this chapter
389		-	subchapter or who holds a compact privilege, or any
390		-	mobile dentistry program registrant, or deny, limit, sus-
391		-	pend, or revoke his or her license or, certificate, or com-
392		-	pact privilege, or the registration of the mobile dentistry
393		-	program registrant, if it finds that the dentist, dental
394		-	hygienist, expanded function dental auxiliary, or mobile
395		-	dentistry program registrant has done any of the follow-
396		-	ing:
397		-	SECTION 45. 447.07 (3) (f) of the statutes is amended
398		-	to read:
399		-	447.07 (3) (f) Violated this chapter subchapter or any
400		-	federal or state statute or rule that relates to the practice
401		-	of dentistry, dental hygiene, or an expanded function den-
402		-	tal auxiliary, or the operation of a mobile dentistry pro-
403		-	gram.
404		-	SECTION 46. 447.07 (3) (j) of the statutes is amended
405		-	to read:
406		-	447.07 (3) (j) Employed, directly or indirectly, any
407		-	unlicensed or uncertified person to perform any act
408		-	requiring licensure or certification under this chapter
	564	+	3. Passes an examination administered by the examining board on the statutes
	565	+	and rules relating to dental hygiene.
	566	+	4. Satisfies all other applicable requirements under s. 447.50 (4).
	567	+	SECTION 38. 447.06 (1) of the statutes is amended to read:
	568	+	447.06 (1) No contract of employment entered into between a dentist and any
	569	+	other party under which the dentist renders dental services may require the dentist
	570	+	to act in a manner which that violates the professional standards for dentistry set
	571	+	forth in this chapter subchapter. Nothing in this subsection limits the ability of the
	572	+	other party to control the operation of the dental practice in a manner in accordance
	573	+	with the professional standards for dentistry set forth in this chapter subchapter.
	574	+	SECTION 39. 447.06 (2) (b) of the statutes is amended to read:
	575	+	447.06 (2) (b) A dental hygienist may practice dental hygiene or perform
	576	+	remediable procedures under par. (a) 1. only as authorized by a dentist who is
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	604	+	SECTION 39
	605	+	SENATE BILL 692
	606	+	licensed to practice dentistry under this chapter and who is present in the facility in
	607	+	which those practices or procedures are performed, except as provided in par. (c).
	608	+	SECTION 40. 447.06 (2) (c) (intro.) of the statutes is amended to read:
	609	+	447.06 (2) (c) (intro.) A dental hygienist may practice dental hygiene or perform
	610	+	remediable procedures under par. (a) 1. if a dentist who is licensed to practice
	611	+	dentistry under this chapter is not present in the facility in which those practices or
	612	+	procedures are performed only if all of the following conditions are met:
	613	+	SECTION 41. 447.06 (2) (e) (intro.) of the statutes is amended to read:
	614	+	447.06 (2) (e) (intro.) Pursuant to a treatment plan approved by a dentist who
	615	+	is licensed under this chapter, a dental hygienist licensed under this chapter may
	616	+	administer the following upon delegation by the dentist if the dentist remains on the
	617	+	premises in which the practices are performed and is available to the patient
	618	+	throughout the completion of the appointment:
	619	+	SECTION 42. 447.065 (1) (intro.) of the statutes is amended to read:
	620	+	447.065 (1) (intro.) A dentist who is licensed to practice dentistry under this
	621	+	chapter may delegate to an individual who is not licensed under this chapter
	622	+	subchapter only the performance of remediable procedures, and only if all of the
	623	+	following conditions are met:
	624	+	SECTION 43. 447.065 (2) of the statutes is amended to read:
	625	+	447.065 (2) Subject to the requirements under s. 447.06 (2), a dentist who is
	626	+	licensed to practice dentistry under this chapter may delegate to a dental hygienist
	627	+	who is licensed to practice dental hygiene under this chapter the performance of
	628	+	remediable procedures and the administration of oral systemic premedications, local
	629	+	anesthesia, nitrous oxide inhalation analgesia, and subgingival sustained release
	630	+	chemotherapeutic agents.
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	657	+	SECTION 44 SENATE BILL 692
	658	+	SECTION 44. 447.07 (3) (intro.) of the statutes is amended to read:
	659	+	447.07 (3) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
	660	+	examining board may make investigations and conduct hearings in regard to any
	661	+	alleged action of any dentist, dental hygienist, or expanded function dental auxiliary,
	662	+	of a mobile dentistry program registrant, or of any other person it has reason to
	663	+	believe is engaged in or has engaged in the practice of dentistry or dental hygiene,
	664	+	or the operation of a mobile dentistry program, in this state, and may, on its own
	665	+	motion, or upon complaint in writing, reprimand any dentist, dental hygienist, or
	666	+	expanded function dental auxiliary who is licensed or certified under this chapter
	667	+	subchapter or who holds a compact privilege, or any mobile dentistry program
	668	+	registrant, or deny, limit, suspend, or revoke his or her license or, certificate, or
	669	+	compact privilege, or the registration of the mobile dentistry program registrant, if
	670	+	it finds that the dentist, dental hygienist, expanded function dental auxiliary, or
	671	+	mobile dentistry program registrant has done any of the following:
	672	+	SECTION 45. 447.07 (3) (f) of the statutes is amended to read:
	673	+	447.07 (3) (f) Violated this chapter subchapter or any federal or state statute
	674	+	or rule that relates to the practice of dentistry, dental hygiene, or an expanded
	675	+	function dental auxiliary, or the operation of a mobile dentistry program.
	676	+	SECTION 46. 447.07 (3) (j) of the statutes is amended to read:
	677	+	447.07 (3) (j) Employed, directly or indirectly, any unlicensed or uncertified
	678	+	person to perform any act requiring licensure or certification under this chapter
409	679		subchapter.
410		-	SECTION 47. 447.09 of the statutes is amended to
411		-	read:
412		-	447.09 Penalties. Any person who violates this
413		-	chapter subchapter may be fined not more than $1,000 or
414		-	imprisoned for not more than one year in the county jail
415		-	or both for the first offense and is guilty of a Class I felony
416		-	for the 2nd or subsequent conviction within 5 years.
417		-	SECTION 48. 447.10 of the statutes is amended to
418		-	read:
419		-	447.10 Injunction. If it appears upon the complaint
420		-	of any person to the examining board, or it is believed by
421		-	the examining board that any person is violating this
422		-	chapter subchapter, the examining board, or the district
423		-	attorney of the proper county, may investigate such
424		-	alleged violation, and may, in addition to or in lieu of any
425		-	other remedies provided by law, bring action in the name
426		-	and on behalf of the state against any such person to
427		-	enjoin such violation. Between meetings of the examin-
428		-	ing board, its president and secretary, acting in its behalf,
429		-	are empowered jointly to make such an investigation, and
430		-	on the basis thereof to seek such relief. Investigations
431		-	conducted by the examining board, or by its president and
432		-	secretary, shall be conducted according to rules promul-
433		-	gated under s. 440.03 (1).
434		-	SECTION 49. 447.12 (1) of the statutes is amended to
435		-	read:
436		-	447.12 (1) The dentists of any county who are
437		-	licensed to practice dentistry under this chapter sub-
438		-	chapter, provided there are at least 5 in the county, may
439		-	organize a county dental society as a component of the
440		-	Wisconsin Dental Association. When so organized it
441		-	shall be a body corporate, and shall be designated as the
442		-	dental society of the county, and shall have the general
443		-	powers of a corporation and may take by purchase or gift
444		-	and hold real and personal property. County dental soci-
445		-	eties now existing are continued with the powers and
446		-	privileges conferred by this chapter subchapter. A
447		-	county or district dental society that was in existence but
448		-	unincorporated on September 29, 1963, is not required to
449		-	incorporate unless that is the express wish of the majority
450		-	of its members.
451		-	SECTION 50. Subchapter II of chapter 447 [precedes
452		-	447.50] of the statutes is created to read:
	680	+	SECTION 47. 447.09 of the statutes is amended to read:
	681	+	447.09 Penalties. Any person who violates this chapter subchapter may be
	682	+	fined not more than $1,000 or imprisoned for not more than one year in the county
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	710	+	SECTION 47
	711	+	SENATE BILL 692
	712	+	jail or both for the first offense and is guilty of a Class I felony for the 2nd or
	713	+	subsequent conviction within 5 years.
	714	+	SECTION 48. 447.10 of the statutes is amended to read:
	715	+	447.10 Injunction. If it appears upon the complaint of any person to the
	716	+	examining board, or it is believed by the examining board that any person is violating
	717	+	this chapter subchapter, the examining board, or the district attorney of the proper
	718	+	county, may investigate such alleged violation, and may, in addition to or in lieu of
	719	+	any other remedies provided by law, bring action in the name and on behalf of the
	720	+	state against any such person to enjoin such violation. Between meetings of the
	721	+	examining board, its president and secretary, acting in its behalf, are empowered
	722	+	jointly to make such an investigation, and on the basis thereof to seek such relief.
	723	+	Investigations conducted by the examining board, or by its president and secretary,
	724	+	shall be conducted according to rules promulgated under s. 440.03 (1).
	725	+	SECTION 49. 447.12 (1) of the statutes is amended to read:
	726	+	447.12 (1) The dentists of any county who are licensed to practice dentistry
	727	+	under this chapter subchapter, provided there are at least 5 in the county, may
	728	+	organize a county dental society as a component of the Wisconsin Dental Association.
	729	+	When so organized it shall be a body corporate, and shall be designated as the dental
	730	+	society of the county, and shall have the general powers of a corporation and may take
	731	+	by purchase or gift and hold real and personal property. County dental societies now
	732	+	existing are continued with the powers and privileges conferred by this chapter
	733	+	subchapter. A county or district dental society that was in existence but
	734	+	unincorporated on September 29, 1963, is not required to incorporate unless that is
	735	+	the express wish of the majority of its members.
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	761	+	SECTION 50 SENATE BILL 692
	762	+	SECTION 50. Subchapter II of chapter 447 [precedes 447.50] of the statutes is
	763	+	created to read:
453	764		CHAPTER 447
454	765		SUBCHAPTER II
455	766		DENTIST AND DENT AL
456	767		HYGIENIST COMP ACT
457		-	447.50 Dentist and dental hygienist compact. (1)
458		-	TITLE AND PURPOSE. This statute shall be known and cited
459		-	as the dentist and dental hygienist compact. The pur-
460		-	poses of this compact are to facilitate the interstate prac-
461		-	tice of dentistry and dental hygiene and improve public
462		-	access to dentistry and dental hygiene services by provid-
463		-	ing dentists and dental hygienists licensed in a participat-
464		-	ing state the ability to practice in participating states in
465		-	which they are not licensed. The compact does this by
466		-	establishing a pathway for a dentists and dental hygien-
467		-	ists licensed in a participating state to obtain a compact
468		-	privilege that authorizes them to practice in another par-
469		-	ticipating state in which they are not licensed. The com-
470		-	pact enables participating states to protect the public
471		-	health and safety with respect to the practice of such den-
472		-	tists and dental hygienists, through the state’s authority to
473		-	regulate the practice of dentistry and dental hygiene in
474		-	the state. The compact:
475		-	(a) Enables dentists and dental hygienists who qual-
476		-	ify for a compact privilege to practice in other participat-
477		-	ing states without satisfying burdensome and duplicative
478		-	requirements associated with securing a license to prac-
479		-	tice in those states;
480		-	(b) Promotes mobility and addresses workforce
481		-	shortages through each participating state’s acceptance
482		-	of a compact privilege to practice in that state;
483		-	(c) Increases public access to qualified, licensed den-
484		-	tists and dental hygienists by creating a responsible,
485		-	streamlined pathway for licensees to practice in partici-
486		-	pating states.
487		-	(d) Enhances the ability of participating states to pro-
488		-	tect the public’s health and safety;
489		-	(e) Does not interfere with licensure requirements
490		-	established by a participating state;
491		-	(f) Facilitates the sharing of licensure and disci-
492		-	plinary information among participating states;
493		-	(g) Requires dentists and dental hygienists who prac-
494		-	tice in a participating state pursuant to a compact privi- − 6 −2023 Wisconsin Act 2023 Senate Bill 692
495		-	lege to practice within the scope of practice authorized in
496		-	that state;
497		-	(h) Extends the authority of a participating state to
498		-	regulate the practice of dentistry and dental hygiene
499		-	within its borders to dentists and dental hygienists who
	768	+	447.50 Dentist and dental hygienist compact. (1) TITLE AND PURPOSE. This
	769	+	statute shall be known and cited as the dentist and dental hygienist compact. The
	770	+	purposes of this compact are to facilitate the interstate practice of dentistry and
	771	+	dental hygiene and improve public access to dentistry and dental hygiene services
	772	+	by providing dentists and dental hygienists licensed in a participating state the
	773	+	ability to practice in participating states in which they are not licensed. The compact
	774	+	does this by establishing a pathway for a dentists and dental hygienists licensed in
	775	+	a participating state to obtain a compact privilege that authorizes them to practice
	776	+	in another participating state in which they are not licensed. The compact enables
	777	+	participating states to protect the public health and safety with respect to the
	778	+	practice of such dentists and dental hygienists, through the state's authority to
	779	+	regulate the practice of dentistry and dental hygiene in the state. The compact:
	780	+	(a) Enables dentists and dental hygienists who qualify for a compact privilege
	781	+	to practice in other participating states without satisfying burdensome and
	782	+	duplicative requirements associated with securing a license to practice in those
	783	+	States;
	784	+	(b) Promotes mobility and addresses workforce shortages through each
	785	+	participating state's acceptance of a compact privilege to practice in that state;
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	812	+	SECTION 50
	813	+	SENATE BILL 692
	814	+	(c) Increases public access to qualified, licensed dentists and dental hygienists
	815	+	by creating a responsible, streamlined pathway for licensees to practice in
	816	+	participating states.
	817	+	(d) Enhances the ability of participating states to protect the public's health
	818	+	and safety;
	819	+	(e) Does not interfere with licensure requirements established by a
	820	+	participating state;
	821	+	(f) Facilitates the sharing of licensure and disciplinary information among
	822	+	participating states;
	823	+	(g) Requires dentists and dental hygienists who practice in a participating
	824	+	state pursuant to a compact privilege to practice within the scope of practice
	825	+	authorized in that state;
	826	+	(h) Extends the authority of a participating state to regulate the practice of
	827	+	dentistry and dental hygiene within its borders to dentists and dental hygienists who
500	828		practice in the state through a compact privilege;
501		-	(i) Promotes the cooperation of participating state in
502		-	regulating the practice of dentistry and dental hygiene
503		-	within those states;
504		-	(j) Facilitates the relocation of military members and
505		-	their spouses who are licensed to practice dentistry or
506		-	dental hygiene;
507		-	(2) DEFINITIONS. As used in this compact, unless the
508		-	context requires otherwise, the following definitions
509		-	shall apply:
510		-	(a) “Active military member” means any person with
511		-	full−time duty status in the armed forces of the United
512		-	States, including members of the national guard and
	829	+	(i) Promotes the cooperation of participating state in regulating the practice of
	830	+	dentistry and dental hygiene within those states;
	831	+	(j) Facilitates the relocation of military members and their spouses who are
	832	+	licensed to practice dentistry or dental hygiene;
	833	+	(2) DEFINITIONS. As used in this compact, unless the context requires otherwise,
	834	+	the following definitions shall apply:
	835	+	(a) “Active military member” means any person with full-time duty status in
	836	+	the armed forces of the United States, including members of the national guard and
513	837		reserve.
514		-	(b) “Adverse action” means disciplinary action or
515		-	encumbrance imposed on a license or compact privilege
516		-	by a state licensing authority.
517		-	(c) “Alternative program” means a nondisciplinary
518		-	monitoring or practice remediation process applicable to
519		-	a dentist or dental hygienist approved by a state licensing
520		-	authority of a participating state in which the dentist or
521		-	dental hygienist is licensed. This includes, but is not lim-
522		-	ited to, programs to which licensees with substance abuse
523		-	or addiction issues are referred in lieu of adverse action.
524		-	(d) “Clinical assessment” means examination or
525		-	process, required for licensure as a dentist or dental
526		-	hygienist as applicable, that provides evidence of clinical
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	864	+	(b) “Adverse action” means disciplinary action or encumbrance imposed on a
	865	+	license or compact privilege by a state licensing authority.
	866	+	(c) “Alternative program” means a nondisciplinary monitoring or practice
	867	+	remediation process applicable to a dentist or dental hygienist approved by a state
	868	+	licensing authority of a participating state in which the dentist or dental hygienist
	869	+	is licensed. This includes, but is not limited to, programs to which licensees with
	870	+	substance abuse or addiction issues are referred in lieu of adverse action.
	871	+	(d) “Clinical assessment” means examination or process, required for licensure
	872	+	as a dentist or dental hygienist as applicable, that provides evidence of clinical
527	873		competence in dentistry or dental hygiene.
528		-	(e) “Commissioner” means the individual appointed
529		-	by a participating state to serve as the member of the com-
530		-	mission for that participating state.
531		-	(f) “Compact” means this dentist and dental hygien-
532		-	ist compact.
533		-	(g) “Compact privilege” means the authorization
534		-	granted by a remote state to allow a licensee from a par-
535		-	ticipating state to practice as a dentist or dental hygienist
	874	+	(e) “Commissioner” means the individual appointed by a participating state to
	875	+	serve as the member of the commission for that participating state.
	876	+	(f) “Compact” means this dentist and dental hygienist compact.
	877	+	(g) “Compact privilege” means the authorization granted by a remote state to
	878	+	allow a licensee from a participating state to practice as a dentist or dental hygienist
536	879		in a remote state.
537		-	(h) “Continuing professional development” means a
538		-	requirement, as a condition of license renewal to provide
539		-	evidence of successful participation in educational or
540		-	professional activities relevant to practice or area of
541		-	work.
542		-	(i) “Criminal background check” means the submis-
543		-	sion of fingerprints or other biometric−based information
544		-	for a license applicant for the purpose of obtaining that
545		-	applicant’s criminal history record information, as
546		-	defined in 28 CFR 20.3 (d), from the federal bureau of
547		-	investigation and the state’s criminal history record
548		-	repository, as defined in 28 CFR. 20.3 (f).
549		-	(j) “Data system” means the commission’s repository
550		-	of information about licensees, including but not limited
551		-	to examination, licensure, investigative, compact privi-
552		-	lege, adverse action, and alternative program.
553		-	(k) “Dental hygienist” means an individual who is
554		-	licensed by a state licensing authority to practice dental
555		-	hygiene.
556		-	(L) “Dentist” means an individual who is licensed by
557		-	a state licensing authority to practice dentistry.
558		-	(m) “Dentist and dental hygienist compact commis-
559		-	sion” or “commission” means a joint government agency
560		-	established by this compact comprised of each state that
561		-	has enacted the compact and a national administrative
562		-	body comprised of a commissioner from each state that
563		-	has enacted the compact.
564		-	(n) “Encumbered license” means a license that a state
565		-	licensing authority has limited in any way other than
566		-	through an alternative program.
567		-	(o) “Executive board” means the chair, vice chair,
568		-	secretary and treasurer and any other commissioners as
569		-	may be determined by commission rule or bylaw.
570		-	(p) “Jurisprudence requirement” means the assess-
571		-	ment of an individual’s knowledge of the laws and rules
572		-	governing the practice of dentistry or dental hygiene, as
573		-	applicable, in a state.
574		-	(q) “License” means current authorization by a state,
575		-	other than authorization pursuant to a compact privilege,
576		-	or other privilege, for an individual to practice as a dentist
577		-	or dental hygienist in that state.
578		-	(r) “Licensee” means an individual who holds an
579		-	unrestricted license from a participating state to practice
580		-	as a dentist or dental hygienist in that state.
581		-	(s) “Model compact” means the model for the dentist
582		-	and dental hygienist compact on file with the council of
583		-	state governments or other entity as designated by the
	880	+	(h) “Continuing professional development” means a requirement, as a
	881	+	condition of license renewal to provide evidence of successful participation in
	882	+	educational or professional activities relevant to practice or area of work.
	883	+	(i) “Criminal background check” means the submission of fingerprints or other
	884	+	biometric-based information for a license applicant for the purpose of obtaining that
	885	+	applicant's criminal history record information, as defined in 28 CFR 20.3 (d) from
	886	+	the federal bureau of investigation and the state's criminal history record repository
	887	+	as defined in 28 CFR. 20.3 (f).
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	916	+	(j) “Data system” means the commission's repository of information about
	917	+	licensees, including but not limited to examination, licensure, investigative, compact
	918	+	privilege, adverse action, and alternative program.
	919	+	(k) “Dental hygienist” means an individual who is licensed by a state licensing
	920	+	authority to practice dental hygiene.
	921	+	(L) “Dentist” means an individual who is licensed by a state licensing authority
	922	+	to practice dentistry.
	923	+	(m) “Dentist and dental hygienist compact commission” or “commission” means
	924	+	a joint government agency established by this compact comprised of each state that
	925	+	has enacted the compact and a national administrative body comprised of a
	926	+	commissioner from each state that has enacted the compact.
	927	+	(n) “Encumbered license” means a license that a state licensing authority has
	928	+	limited in any way other than through an alternative program.
	929	+	(o) “Executive board” means the chair, vice chair, secretary and treasurer and
	930	+	any other commissioners as may be determined by commission rule or bylaw.
	931	+	(p) “Jurisprudence requirement” means the assessment of an individual's
	932	+	knowledge of the laws and rules governing the practice of dentistry or dental
	933	+	hygiene, as applicable, in a state.
	934	+	(q) “License” means current authorization by a state, other than authorization
	935	+	pursuant to a compact privilege, or other privilege, for an individual to practice as
	936	+	a dentist or dental hygienist in that state.
	937	+	(r) “Licensee” means an individual who holds an unrestricted license from a
	938	+	participating state to practice as a dentist or dental hygienist in that state.
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	964	+	(s) “Model compact” the model for the dentist and dental hygienist compact on
	965	+	file with the council of state governments or other entity as designated by the
584	966		commission.
585		-	(t) “Participating state” means a state that has enacted
586		-	the compact and been admitted to the commission in
587		-	accordance with the provisions herein and commission
588		-	rules.
589		-	(u) “Qualifying license” means a license that is not
590		-	an encumbered license issued by a participating state to
591		-	practice dentistry or dental hygiene.
592		-	(v) “Remote state” means a participating state where
593		-	a licensee who is not licensed as a dentist or dental
594		-	hygienist is exercising or seeking to exercise the compact
595		-	privilege.
596		-	(w) “Rule” means a regulation promulgated by an
597		-	entity that has the force of law.
598		-	(x) “Scope of practice” means the procedures,
599		-	actions, and processes a dentist or dental hygienist
600		-	licensed in a state is permitted to undertake in that state
601		-	and the circumstances under which the licensee is permit-
602		-	ted to undertake those procedures, actions and processes.
603		-	Such procedures, actions and processes and the circum-
604		-	stances under which they may be undertaken may be
605		-	established through means, including, but not limited to,
606		-	statute, regulations, case law, and other processes avail- − 7 − 2023 Wisconsin Act 2023 Senate Bill 692
607		-	able to the state licensing authority or other government
608		-	agency.
609		-	(y) “Significant investigative information” means
610		-	information, records, and documents received or gener-
611		-	ated by a state licensing authority pursuant to an investi-
612		-	gation for which a determination has been made that
613		-	there is probable cause to believe that the licensee has
614		-	violated a statute or regulation that is considered more
615		-	than a minor infraction for which the state licensing
616		-	authority could pursue adverse action against the
617		-	licensee.
618		-	(z) “State” means any state, commonwealth, district,
619		-	or territory of the United States that regulates the prac-
620		-	tices of dentistry and dental hygiene.
621		-	(za) “State licensing authority” means an agency or
622		-	other entity of a state that is responsible for the licensing
623		-	and regulation of dentists or dental hygienists.
624		-	(3) STATE PARTICIPATION IN THE COMPACT. (a) In order
625		-	to join the compact and thereafter continue as a partici-
626		-	pating state, a state must:
627		-	1. Enact a compact that is not materially different
628		-	from the model compact as determined in accordance
629		-	with commission rules;
630		-	2. Participate fully in the commission’s data system;
631		-	3. Have a mechanism in place for receiving and
632		-	investigating complaints about its licensees and license
633		-	applicants;
634		-	4. Notify the commission, in compliance with the
635		-	terms of the compact and commission rules, of any
636		-	adverse action or the availability of significant investiga-
637		-	tive information regarding a licensee and license appli-
638		-	cant;
639		-	5. Fully implement a criminal background check
640		-	requirement, within a time frame established by commis-
641		-	sion rule, by receiving the results of a qualifying criminal
642		-	background check;
643		-	6. Comply with the commission rules applicable to
644		-	a participating state;
645		-	7. Accept the national board examinations of the
646		-	Joint Commission on National Dental Examinations or
647		-	another examination accepted by commission rule as a
	967	+	(t) “Participating state” means a state that has enacted the compact and been
	968	+	admitted to the commission in accordance with the provisions herein and
	969	+	commission rules.
	970	+	(u) “Qualifying license” means a license that is not an encumbered license
	971	+	issued by a participating state to practice dentistry or dental hygiene.
	972	+	(v) “Remote state” means a participating state where a licensee who is not
	973	+	licensed as a dentist or dental hygienist is exercising or seeking to exercise the
	974	+	compact privilege.
	975	+	(w) “Rule” means a regulation promulgated by an entity that has the force of
	976	+	law.
	977	+	(x) “Scope of practice” means the procedures, actions, and processes a dentist
	978	+	or dental hygienist licensed in a state is permitted to undertake in that state and the
	979	+	circumstances under which the licensee is permitted to undertake those procedures,
	980	+	actions and processes. Such procedures, actions and processes and the
	981	+	circumstances under which they may be undertaken may be established through
	982	+	means, including, but not limited to, statute, regulations, case law, and other
	983	+	processes available to the state licensing authority or other government agency.
	984	+	(y) “Significant investigative information” means information, records, and
	985	+	documents received or generated by a state licensing authority pursuant to an
	986	+	investigation for which a determination has been made that there is probable cause
	987	+	to believe that the licensee has violated a statute or regulation that is considered
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	1015	+	SENATE BILL 692
	1016	+	more than a minor infraction for which the state licensing authority could pursue
	1017	+	adverse action against the licensee.
	1018	+	(z) “State” means any state, commonwealth, district, or territory of the United
	1019	+	States of America that regulates the practices of dentistry and dental hygiene.
	1020	+	(za) “State licensing authority” means an agency or other entity of a state that
	1021	+	is responsible for the licensing and regulation of dentists or dental hygienists.
	1022	+	(3) STATE PARTICIPATION IN THE COMPACT. (a) In order to join the Compact and
	1023	+	thereafter continue as a participating state, a state must:
	1024	+	1. Enact a compact that is not materially different from the model compact as
	1025	+	determined in accordance with commission rules;
	1026	+	2. Participate fully in the commission's data system;
	1027	+	3. Have a mechanism in place for receiving and investigating complaints about
	1028	+	its licensees and license applicants;
	1029	+	4. Notify the commission, in compliance with the terms of the compact and
	1030	+	commission rules, of any adverse action or the availability of significant
	1031	+	investigative information regarding a licensee and license applicant;
	1032	+	5. Fully implement a criminal background check requirement, within a time
	1033	+	frame established by commission rule, by receiving the results of a qualifying
	1034	+	criminal background check;
	1035	+	6. Comply with the commission rules applicable to a participating state;
	1036	+	7. Accept the national board examinations of the Joint Commission on National
	1037	+	Dental Examinations or another examination accepted by commission rule as a
648	1038		licensure examination;
649		-	8. Accept for licensure that applicants for a dentist
650		-	license graduate from a predoctoral dental education pro-
651		-	gram accredited by the Commission on Dental Accredi-
652		-	tation or another accrediting agency recognized by the
653		-	United States department of education for the accredita-
654		-	tion of dentistry and dental hygiene education programs,
655		-	leading to the doctor of dental surgery (D.D.S.) or doctor
656		-	of dental medicine (D.M.D.) degree;
657		-	9. Accept for licensure that applicants for a dental
658		-	hygienist license graduate from a dental hygiene educa-
659		-	tion program accredited by the Commission on Dental
660		-	Accreditation or another accrediting agency recognized
661		-	by the United States department of education for the
662		-	accreditation of dentistry and dental hygiene education
663		-	programs;
664		-	10. Require for licensure that applicants successfully
665		-	complete a clinical assessment;
666		-	11. Have continuing professional development
667		-	requirements as a condition for license renewal; and
668		-	12. Pay a participation fee to the commission as
669		-	established by commission rule.
670		-	(b) Providing alternative pathways for an individual
671		-	to obtain an unrestricted license does not disqualify a
672		-	state from participating in the compact.
673		-	(c) When conducting a criminal background check
674		-	the state licensing authority shall:
675		-	1. Consider that information in making a licensure
676		-	decision;
677		-	2. Maintain documentation of completion of the
678		-	criminal background check and background check infor-
679		-	mation to the extent allowed by state and federal law; and
680		-	3. Report to the commission whether it has com-
681		-	pleted the criminal background check and whether the
682		-	individual was granted or denied a license.
683		-	(d) A licensee of a participating state who has a quali-
684		-	fying license in that state and does not hold an encum-
685		-	bered license in any other participating state, shall be
686		-	issued a compact privilege in a remote state in accordance
687		-	with the terms of the compact and commission rules. If
688		-	a remote state has a jurisprudence requirement a compact
689		-	privilege will not be issued to the licensee unless the
690		-	licensee has satisfied the jurisprudence requirement.
691		-	(4) COMPACT PRIVILEGE. (a) To obtain and exercise
692		-	the compact privilege under the terms and provisions of
693		-	the compact, the licensee shall:
694		-	1. Have a qualifying license as a dentist or dental
695		-	hygienist in a participating state;
696		-	2. Be eligible for a compact privilege in any remote
697		-	state in accordance with pars. (d), (g), and (h);
698		-	3. Submit to an application process whenever the
699		-	licensee is seeking a compact privilege;
700		-	4. Pay any applicable commission and remote state
701		-	fees for a compact privilege in the remote state;
702		-	5. Meet any jurisprudence requirement established
703		-	by a remote state in which the licensee is seeking a com-
704		-	pact privilege;
705		-	6. Have passed a national board examination of the
706		-	Joint Commission on National Dental Examinations or
707		-	another examination accepted by commission rule;
708		-	7. For a dentist, have graduated from a predoctoral
709		-	dental education program accredited by the Commission
710		-	on Dental Accreditation or another accrediting agency
711		-	recognized by the United States department of education
712		-	for the accreditation of dentistry and dental hygiene edu-
713		-	cation programs, leading to the doctor of dental surgery
714		-	(D.D.S.) or doctor of dental medicine (D.M.D.) degree;
715		-	8. For a dental hygienist, have graduated from a den-
716		-	tal hygiene education program accredited by the Com- − 8 −2023 Wisconsin Act 2023 Senate Bill 692
717		-	mission on Dental Accreditation or another accrediting
718		-	agency recognized by the United States department of
719		-	education for the accreditation of dentistry and dental
720		-	hygiene education programs;
721		-	9. Have successfully completed a clinical assessment
722		-	for licensure;
723		-	10. Report to the commission adverse action taken by
724		-	any non−participating state when applying for a compact
725		-	privilege and, otherwise, within thirty (30) days from the
726		-	date the adverse action is taken;
727		-	11. Report to the commission when applying for a
728		-	compact privilege the address of the licensee’s primary
729		-	residence and thereafter immediately report to the com-
730		-	mission any change in the address of the licensee’s pri-
731		-	mary residence; and
732		-	12. Consent to accept service of process by mail at the
733		-	licensee’s primary residence on record with the commis-
734		-	sion with respect to any action brought against the
735		-	licensee by the commission or a participating state, and
736		-	consent to accept service of a subpoena by mail at the
737		-	licensee’s primary residence on record with the commis-
738		-	sion with respect to any action brought or investigation
739		-	conducted by the commission or a participating state.
740		-	(b) The licensee must comply with the requirements
741		-	of par. (a) to maintain the compact privilege in the remote
742		-	state. If those requirements are met, the compact privi-
743		-	lege will continue as long as the licensee maintains a
744		-	qualifying license in the state through which the licensee
745		-	applied for the compact privilege and pays any applicable
746		-	compact privilege renewal fees.
747		-	(c) A licensee providing dentistry or dental hygiene
748		-	in a remote state under the compact privilege shall func-
749		-	tion within the scope of practice authorized by the remote
750		-	state for a dentist or dental hygienist licensed in that state.
751		-	(d) A licensee providing dentistry or dental hygiene
752		-	pursuant to a compact privilege in a remote state is sub-
753		-	ject to that state’s regulatory authority. A remote state
754		-	may, in accordance with due process and that state’s laws,
755		-	by adverse action revoke or remove a licensee’s compact
756		-	privilege in the remote state for a specific period of time
757		-	and impose fines or take any other necessary actions to
758		-	protect the health and safety of its citizens. If a remote
759		-	state imposes an adverse action against a compact privi-
760		-	lege that limits the compact privilege, that adverse action
761		-	applies to all compact privileges in all remote states. A
762		-	licensee whose compact privilege in a remote state is
763		-	removed for a specified period of time is not eligible for
764		-	a compact privilege in any other remote state until the
765		-	specific time for removal of the compact privilege has
766		-	passed and all encumbrance requirements are satisfied.
767		-	(e) If a license in a participating state is an encum-
768		-	bered license, the licensee shall lose the compact privi-
769		-	lege in a remote state and shall not be eligible for a com-
770		-	pact privilege in any remote state until the license is no
771		-	longer encumbered.
772		-	(f) Once an encumbered license in a participating
773		-	state is restored to good standing, the licensee must meet
774		-	the requirements of par. (a) to obtain a compact privilege
775		-	in a remote state.
776		-	(g) If a licensee’s compact privilege in a remote state
777		-	is removed by the remote state, the individual shall lose
778		-	or be ineligible for the compact privilege in any remote
	1039	+	8. Accept for licensure that applicants for a dentist license graduate from a
	1040	+	predoctoral dental education program accredited by the Commission on Dental
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	1067	+	SECTION 50 SENATE BILL 692
	1068	+	Accreditation or another accrediting agency recognized by the United States
	1069	+	department of education for the accreditation of dentistry and dental hygiene
	1070	+	education programs, leading to the doctor of dental surgery (D.D.S.) or doctor of
	1071	+	dental medicine (D.M.D.) degree;
	1072	+	9. Accept for licensure that applicants for a dental hygienist license graduate
	1073	+	from a dental hygiene education program accredited by the Commission on Dental
	1074	+	Accreditation or another accrediting agency recognized by the United States
	1075	+	department of education for the accreditation of dentistry and dental hygiene
	1076	+	education programs;
	1077	+	10. Require for licensure that applicants successfully complete a clinical
	1078	+	assessment;
	1079	+	11. Have continuing professional development requirements as a condition for
	1080	+	license renewal; and
	1081	+	12. Pay a participation fee to the commission as established by commission
	1082	+	rule.
	1083	+	(b) Providing alternative pathways for an individual to obtain an unrestricted
	1084	+	license does not disqualify a state from participating in the compact.
	1085	+	(c) When conducting a criminal background check the state licensing authority
	1086	+	shall:
	1087	+	1. Consider that information in making a licensure decision;
	1088	+	2. Maintain documentation of completion of the criminal background check and
	1089	+	background check information to the extent allowed by state and federal law; and
	1090	+	3. Report to the commission whether it has completed the criminal background
	1091	+	check and whether the individual was granted or denied a license.
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	1120	+	(d) A licensee of a participating state who has a qualifying license in that state
	1121	+	and does not hold an encumbered license in any other participating state, shall be
	1122	+	issued a compact privilege in a remote state in accordance with the terms of the
	1123	+	compact and commission rules. If a remote state has a jurisprudence requirement
	1124	+	a compact privilege will not be issued to the licensee unless the licensee has satisfied
	1125	+	the jurisprudence requirement.
	1126	+	(4) COMPACT PRIVILEGE. (a) To obtain and exercise the compact privilege under
	1127	+	the terms and provisions of the compact, the licensee shall:
	1128	+	1. Have a qualifying license as a dentist or dental hygienist in a participating
	1129	+	state;
	1130	+	2. Be eligible for a compact privilege in any remote state in accordance with
	1131	+	pars. (d), (g), and (h);
	1132	+	3. Submit to an application process whenever the licensee is seeking a compact
	1133	+	privilege;
	1134	+	4. Pay any applicable commission and remote state fees for a compact privilege
	1135	+	in the remote state;
	1136	+	5. Meet any jurisprudence requirement established by a remote state in which
	1137	+	the licensee is seeking a compact privilege;
	1138	+	6. Have passed a national board examination of the Joint Commission on
	1139	+	National Dental Examinations or another examination accepted by commission
	1140	+	rule;
	1141	+	7. For a dentist, have graduated from a predoctoral dental education program
	1142	+	accredited by the Commission on Dental Accreditation or another accrediting agency
	1143	+	recognized by the United States department of education for the accreditation of
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	1170	+	dentistry and dental hygiene education programs, leading to the doctor of dental
	1171	+	surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree;
	1172	+	8. For a dental hygienist, have graduated from a dental hygiene education
	1173	+	program accredited by the Commission on Dental Accreditation or another
	1174	+	accrediting agency recognized by the United States department of education for the
	1175	+	accreditation of dentistry and dental hygiene education programs;
	1176	+	9. Have successfully completed a clinical assessment for licensure;
	1177	+	10. Report to the commission adverse action taken by any non-participating
	1178	+	state when applying for a compact privilege and, otherwise, within thirty (30) days
	1179	+	from the date the adverse action is taken;
	1180	+	11. Report to the commission when applying for a compact privilege the address
	1181	+	of the licensee's primary residence and thereafter immediately report to the
	1182	+	commission any change in the address of the licensee's primary residence; and
	1183	+	12. Consent to accept service of process by mail at the licensee's primary
	1184	+	residence on record with the commission with respect to any action brought against
	1185	+	the licensee by the commission or a participating state, and consent to accept service
	1186	+	of a subpoena by mail at the licensee's primary residence on record with the
	1187	+	commission with respect to any action brought or investigation conducted by the
	1188	+	commission or a participating state.
	1189	+	(b) The licensee must comply with the requirements of par. (a) to maintain the
	1190	+	compact privilege in the remote state. If those requirements are met, the compact
	1191	+	privilege will continue as long as the licensee maintains a qualifying license in the
	1192	+	state through which the licensee applied for the compact privilege and pays any
	1193	+	applicable compact privilege renewal fees.
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	1222	+	(c) A licensee providing dentistry or dental hygiene in a remote state under the
	1223	+	compact privilege shall function within the scope of practice authorized by the
	1224	+	remote state for a dentist or dental hygienist licensed in that state.
	1225	+	(d) A licensee providing dentistry or dental hygiene pursuant to a compact
	1226	+	privilege in a remote state is subject to that state's regulatory authority. A remote
	1227	+	state may, in accordance with due process and that state's laws, by adverse action
	1228	+	revoke or remove a licensee's compact privilege in the remote state for a specific
	1229	+	period of time and impose fines or take any other necessary actions to protect the
	1230	+	health and safety of its citizens. If a remote state imposes an adverse action against
	1231	+	a compact privilege that limits the compact privilege, that adverse action applies to
	1232	+	all compact privileges in all remote states. A licensee whose compact privilege in a
	1233	+	remote state is removed for a specified period of time is not eligible for a compact
	1234	+	privilege in any other remote state until the specific time for removal of the compact
	1235	+	privilege has passed and all encumbrance requirements are satisfied.
	1236	+	(e) If a license in a participating state is an encumbered license, the licensee
	1237	+	shall lose the compact privilege in a remote state and shall not be eligible for a
	1238	+	compact privilege in any remote state until the license is no longer encumbered.
	1239	+	(f) Once an encumbered license in a participating state is restored to good
	1240	+	standing, the licensee must meet the requirements of par. (a) to obtain a compact
	1241	+	privilege in a remote state.
	1242	+	(g) If a licensee's compact privilege in a remote state is removed by the remote
	1243	+	state, the individual shall lose or be ineligible for the compact privilege in any remote
779	1244		state until the following occur:
780		-	1. The specific period of time for which the compact
781		-	privilege was removed has ended; and
782		-	2. All conditions for removal of the compact privi-
783		-	lege have been satisfied.
784		-	(h) Once the requirements of par. (g) have been met,
785		-	the licensee must meet the requirements in par. (a) to
786		-	obtain a compact privilege in a remote state.
787		-	(5) ACTIVE MILITARY MEMBER OR THEIR SPOUSES. An
788		-	active military member and their spouse shall not be
789		-	required to pay to the commission for a compact privilege
790		-	the fee otherwise charged by the commission. If a remote
791		-	state chooses to charge a fee for a compact privilege, it
792		-	may choose to charge a reduced fee or no fee to an active
793		-	military member and their spouse for a compact privi-
794		-	lege.
795		-	(6) ADVERSE ACTIONS. (a) A participating state in
796		-	which a licensee is licensed shall have exclusive author-
797		-	ity to impose adverse action against the qualifying
	1245	+	1. The specific period of time for which the compact privilege was removed has
	1246	+	ended; and
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	1274	+	2. All conditions for removal of the compact privilege have been satisfied.
	1275	+	(h) Once the requirements of par. (g) have been met, the licensee must meet the
	1276	+	requirements in par. (a) to obtain a compact privilege in a remote state.
	1277	+	(5) ACTIVE MILITARY MEMBER OR THEIR SPOUSES. An active military member and
	1278	+	their spouse shall not be required to pay to the commission for a compact privilege
	1279	+	the fee otherwise charged by the commission. If a remote state chooses to charge a
	1280	+	fee for a compact privilege, it may choose to charge a reduced fee or no fee to an active
	1281	+	military member and their spouse for a compact privilege.
	1282	+	(6) ADVERSE ACTIONS. (a) A participating state in which a licensee is licensed
	1283	+	shall have exclusive authority to impose adverse action against the qualifying
798	1284		license issued by that participating state.
799		-	(b) A participating state may take adverse action
800		-	based on the significant investigative information of a
801		-	remote state, so long as the participating state follows its
802		-	own procedures for imposing adverse action.
803		-	(c) Nothing in this compact shall override a partici-
804		-	pating state’s decision that participation in an alternative
805		-	program may be used in lieu of adverse action and that
806		-	such participation shall remain nonpublic if required by
807		-	the participating state’s laws. Participating states must
808		-	require licensees who enter any alternative program in
809		-	lieu of discipline to agree not to practice pursuant to a
810		-	compact privilege in any other participating state during
811		-	the term of the alternative program without prior authori-
812		-	zation from such other participating state.
813		-	(d) Any participating state in which a licensee is
814		-	applying to practice or is practicing pursuant to a com-
815		-	pact privilege may investigate actual or alleged viola-
816		-	tions of the statutes and regulations authorizing the prac-
817		-	tice of dentistry or dental hygiene in any other
818		-	participating state in which the dentist or dental hygienist
819		-	holds a license or compact privilege.
	1285	+	(b) A participating state may take adverse action based on the significant
	1286	+	investigative information of a remote state, so long as the participating state follows
	1287	+	its own procedures for imposing adverse action.
	1288	+	(c) Nothing in this compact shall override a participating state's decision that
	1289	+	participation in an alternative program may be used in lieu of adverse action and
	1290	+	that such participation shall remain nonpublic if required by the participating
	1291	+	state's laws. Participating states must require licensees who enter any alternative
	1292	+	program in lieu of discipline to agree not to practice pursuant to a compact privilege
	1293	+	in any other participating state during the term of the alternative program without
	1294	+	prior authorization from such other participating state.
	1295	+	(d) Any participating state in which a licensee is applying to practice or is
	1296	+	practicing pursuant to a compact privilege may investigate actual or alleged
	1297	+	violations of the statutes and regulations authorizing the practice of dentistry or
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	1326	+	dental hygiene in any other participating state in which the dentist or dental
	1327	+	hygienist holds a license or compact privilege.
820	1328		(e) A remote state shall have the authority to:
821		-	1. Take adverse actions as set forth in sub. (4) (d)
822		-	against a licensee’s compact privilege in the state;
823		-	2. In furtherance of its rights and responsibilities
824		-	under the compact and the commission’s rules issue sub-
825		-	poenas for both hearings and investigations that require
826		-	the attendance and testimony of witnesses, and the pro- − 9 − 2023 Wisconsin Act 2023 Senate Bill 692
827		-	duction of evidence. Subpoenas issued by a state licens-
828		-	ing authority in a participating state for the attendance
829		-	and testimony of witnesses, or the production of evidence
830		-	from another participating state, shall be enforced in the
831		-	latter state by any court of competent jurisdiction,
832		-	according to the practice and procedure of that court
833		-	applicable to subpoenas issued in proceedings pending
834		-	before it. The issuing authority shall pay any witness
835		-	fees, travel expenses, mileage, and other fees required by
836		-	the service statutes of the state where the witnesses or evi-
837		-	dence are located; and
838		-	3. If otherwise permitted by state law, recover from
839		-	the licensee the costs of investigations and disposition of
840		-	cases resulting from any adverse action taken against that
841		-	licensee.
842		-	(f) Joint investigations. 1. In addition to the author-
843		-	ity granted to a participating state by its dentist or dental
844		-	hygienist licensure act or other applicable state law, a par-
845		-	ticipating state may jointly investigate licensees with
846		-	other participating states.
847		-	2. Participating states shall share any significant
848		-	investigative information, litigation, or compliance
849		-	materials in furtherance of any joint or individual investi-
850		-	gation initiated under the compact.
851		-	(g) Authority to continue investigation. 1. After a
852		-	licensee’s compact privilege in a remote state is termi-
853		-	nated, the remote state may continue an investigation of
854		-	the licensee that began when the licensee had a compact
855		-	privilege in that remote state.
856		-	2. If the investigation yields what would be signifi-
857		-	cant investigative information had the licensee continued
858		-	to have a compact privilege in that remote state, the
859		-	remote state shall report the presence of such information
860		-	to the data system as required by sub. (8) (b) 6. as if it was
861		-	significant investigative information.
862		-	(7) ESTABLISHMENT AND OPERATION OF THE COMMIS-
863		-	SION. (a) The compact participating states hereby create
864		-	and establish a joint government agency whose member-
865		-	ship consists of all participating states that have enacted
866		-	the compact. The commission is an instrumentality of the
867		-	participating states acting jointly and not an instrumen-
868		-	tality of any one state. The commission shall come into
869		-	existence on or after the effective date of the compact as
870		-	set forth in sub. (11) (a).
871		-	(b) Participation, voting, and meetings. 1. Each par-
872		-	ticipating state shall have and be limited to one (1) com-
873		-	missioner selected by that participating state’s state
874		-	licensing authority or, if the state has more than one state
875		-	licensing authority, selected collectively by the state
876		-	licensing authorities.
877		-	2. The commissioner shall be a member or designee
878		-	of such authority or authorities.
879		-	3. The commission may by rule or bylaw establish a
880		-	term of office for commissioners and may by rule or
881		-	bylaw establish term limits.
882		-	4. The commission may recommend to a state licens-
883		-	ing authority or authorities, as applicable, removal or sus-
884		-	pension of an individual as the state’s commissioner.
885		-	5. A participating state’s state licensing authority, or
886		-	authorities, as applicable, shall fill any vacancy of its
887		-	commissioner on the commission within sixty (60) days
	1329	+	1. Take adverse actions as set forth in sub. (4) (d) against a licensee's compact
	1330	+	privilege in the state;
	1331	+	2. In furtherance of its rights and responsibilities under the compact and the
	1332	+	commission's rules issue subpoenas for both hearings and investigations that
	1333	+	require the attendance and testimony of witnesses, and the production of evidence.
	1334	+	Subpoenas issued by a state licensing authority in a participating state for the
	1335	+	attendance and testimony of witnesses, or the production of evidence from another
	1336	+	participating state, shall be enforced in the latter state by any court of competent
	1337	+	jurisdiction, according to the practice and procedure of that court applicable to
	1338	+	subpoenas issued in proceedings pending before it. The issuing authority shall pay
	1339	+	any witness fees, travel expenses, mileage, and other fees required by the service
	1340	+	statutes of the state where the witnesses or evidence are located; and
	1341	+	3. If otherwise permitted by state law, recover from the licensee the costs of
	1342	+	investigations and disposition of cases resulting from any adverse action taken
	1343	+	against that licensee.
	1344	+	(f) Joint investigations. 1. In addition to the authority granted to a
	1345	+	participating state by its dentist or dental hygienist licensure act or other applicable
	1346	+	state law, a participating state may jointly investigate licensees with other
	1347	+	participating states.
	1348	+	2. Participating states shall share any significant investigative information,
	1349	+	litigation, or compliance materials in furtherance of any joint or individual
	1350	+	investigation initiated under the compact.
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	1378	+	(g) Authority to continue investigation. 1. After a licensee's compact privilege
	1379	+	in a remote state is terminated, the remote state may continue an investigation of
	1380	+	the licensee that began when the licensee had a compact privilege in that remote
	1381	+	state.
	1382	+	2. If the investigation yields what would be significant investigative
	1383	+	information had the licensee continued to have a compact privilege in that remote
	1384	+	state, the remote state shall report the presence of such information to the data
	1385	+	system as required by sub. (8) (b) 6. as if it was significant investigative information.
	1386	+	(7) ESTABLISHMENT AND OPERATION OF THE COMMISSION. (a) The compact
	1387	+	participating states hereby create and establish a joint government agency whose
	1388	+	membership consists of all participating states that have enacted the compact. The
	1389	+	commission is an instrumentality of the participating states acting jointly and not
	1390	+	an instrumentality of any one state. The commission shall come into existence on
	1391	+	or after the effective date of the compact as set forth in sub. (11) (a).
	1392	+	(b) Participation, voting, and meetings. 1. Each participating state shall have
	1393	+	and be limited to one (1) commissioner selected by that participating state's state
	1394	+	licensing authority or, if the state has more than one state licensing authority,
	1395	+	selected collectively by the state licensing authorities.
	1396	+	2. The commissioner shall be a member or designee of such authority or
	1397	+	authorities.
	1398	+	3. The commission may by rule or bylaw establish a term of office for
	1399	+	commissioners and may by rule or bylaw establish term limits.
	1400	+	4. The commission may recommend to a state licensing authority or
	1401	+	authorities, as applicable, removal or suspension of an individual as the state's
	1402	+	commissioner.
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	1430	+	SECTION 50
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	1432	+	5. A participating state's state licensing authority, or authorities, as applicable,
	1433	+	shall fill any vacancy of its commissioner on the commission within sixty (60) days
888	1434		of the vacancy.
889		-	6. Each commissioner shall be entitled to one vote on
890		-	all matters that are voted upon by the commission.
891		-	7. The commission shall meet at least once during
892		-	each calendar year. Additional meetings may be held as
893		-	set forth in the bylaws. The commission may meet by
894		-	telecommunication, video conference or other similar
895		-	electronic means.
	1435	+	6. Each commissioner shall be entitled to one vote on all matters that are voted
	1436	+	upon by the commission.
	1437	+	7. The commission shall meet at least once during each calendar year.
	1438	+	Additional meetings may be held as set forth in the bylaws. The commission may
	1439	+	meet by telecommunication, video conference or other similar electronic means.
896	1440		(c) The commission shall have the following powers:
897	1441		1. Establish the fiscal year of the commission;
898		-	2. Establish a code of conduct and conflict of interest
899		-	policies;
	1442	+	2. Establish a code of conduct and conflict of interest policies;
900	1443		3. Adopt rules and bylaws;
901		-	4. Maintain its financial records in accordance with
902		-	the bylaws;
903		-	5. Meet and take such actions as are consistent with
904		-	the provisions of this compact, the commission’s rules,
905		-	and the bylaws;
906		-	6. Initiate and conclude legal proceedings or actions
907		-	in the name of the commission, provided that the standing
908		-	of any state licensing authority to sue or be sued under
909		-	applicable law shall not be affected;
910		-	7. Maintain and certify records and information pro-
911		-	vided to a participating state as the authenticated business
912		-	records of the commission, and designate a person to do
913		-	so on the commission’s behalf;
	1444	+	4. Maintain its financial records in accordance with the bylaws;
	1445	+	5. Meet and take such actions as are consistent with the provisions of this
	1446	+	compact, the commission's rules, and the bylaws;
	1447	+	6. Initiate and conclude legal proceedings or actions in the name of the
	1448	+	commission, provided that the standing of any state licensing authority to sue or be
	1449	+	sued under applicable law shall not be affected;
	1450	+	7. Maintain and certify records and information provided to a participating
	1451	+	state as the authenticated business records of the commission, and designate a
	1452	+	person to do so on the commission's behalf;
914	1453		8. Purchase and maintain insurance and bonds;
915		-	9. Borrow, accept, or contract for services of person-
916		-	nel, including, but not limited to, employees of a partici-
917		-	pating state;
	1454	+	9. Borrow, accept, or contract for services of personnel, including, but not
	1455	+	limited to, employees of a participating state;
918	1456		10. Conduct an annual financial review;
919		-	11. Hire employees, elect or appoint officers, fix
920		-	compensation, define duties, grant such individuals
921		-	appropriate authority to carry out the purposes of the
922		-	compact, and establish the commission’s personnel poli-
923		-	cies and programs relating to conflicts of interest, qualifi-
924		-	cations of personnel, and other related personnel matters;
925		-	12. As set forth in the commission rules, charge a fee
926		-	to a licensee for the grant of a compact privilege in a
927		-	remote state and thereafter, as may be established by
928		-	commission rule, charge the licensee a compact privilege
929		-	renewal fee for each renewal period in which that
930		-	licensee exercises or intends to exercise the compact
931		-	privilege in that remote state. Nothing herein shall be
932		-	construed to prevent a remote state from charging a
933		-	licensee a fee for a compact privilege or renewals of a
934		-	compact privilege, or a fee for the jurisprudence require-
935		-	ment if the remote state imposes such a requirement for
936		-	the grant of a compact privilege; − 10 −2023 Wisconsin Act 2023 Senate Bill 692
937		-	13. Accept any and all appropriate gifts, donations,
938		-	grants of money, other sources of revenue, equipment,
939		-	supplies, materials, and services, and receive, utilize, and
940		-	dispose of the same; provided that at all times the com-
941		-	mission shall avoid any appearance of impropriety and/
942		-	or conflict of interest;
943		-	14. Lease, purchase, retain, own, hold, improve, or
944		-	use any property, real, personal, or mixed, or any undi-
945		-	vided interest therein;
946		-	15. Sell, convey, mortgage, pledge, lease, exchange,
947		-	abandon, or otherwise dispose of any property real, per-
948		-	sonal, or mixed;
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	1484	+	11. Hire employees, elect or appoint officers, fix compensation, define duties,
	1485	+	grant such individuals appropriate authority to carry out the purposes of the
	1486	+	compact, and establish the commission's personnel policies and programs relating
	1487	+	to conflicts of interest, qualifications of personnel, and other related personnel
	1488	+	matters;
	1489	+	12. As set forth in the commission rules, charge a fee to a licensee for the grant
	1490	+	of a compact privilege in a remote state and thereafter, as may be established by
	1491	+	commission rule, charge the licensee a compact privilege renewal fee for each
	1492	+	renewal period in which that licensee exercises or intends to exercise the compact
	1493	+	privilege in that remote state. Nothing herein shall be construed to prevent a remote
	1494	+	state from charging a licensee a fee for a compact privilege or renewals of a compact
	1495	+	privilege, or a fee for the jurisprudence requirement if the remote state imposes such
	1496	+	a requirement for the grant of a compact privilege;
	1497	+	13. Accept any and all appropriate gifts, donations, grants of money, other
	1498	+	sources of revenue, equipment, supplies, materials, and services, and receive, utilize,
	1499	+	and dispose of the same; provided that at all times the commission shall avoid any
	1500	+	appearance of impropriety and/or conflict of interest;
	1501	+	14. Lease, purchase, retain, own, hold, improve, or use any property, real,
	1502	+	personal, or mixed, or any undivided interest therein;
	1503	+	15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
	1504	+	dispose of any property real, personal, or mixed;
949	1505		16. Establish a budget and make expenditures;
950	1506		17. Borrow money;
951		-	18. Appoint committees, including standing commit-
952		-	tees, which may be composed of members, state regula-
953		-	tors, state legislators or their representatives, and con-
954		-	sumer representatives, and such other interested persons
955		-	as may be designated in this compact and the bylaws;
956		-	19. Provide and receive information from, and coop-
957		-	erate with, law enforcement agencies;
958		-	20. Elect a chair, vice chair, secretary and treasurer
959		-	and such other officers of the commission as provided in
960		-	the commission’s bylaws;
	1507	+	18. Appoint committees, including standing committees, which may be
	1508	+	composed of members, state regulators, state legislators or their representatives,
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	1538	+	and consumer representatives, and such other interested persons as may be
	1539	+	designated in this compact and the bylaws;
	1540	+	19. Provide and receive information from, and cooperate with, law enforcement
	1541	+	agencies;
	1542	+	20. Elect a chair, vice chair, secretary and treasurer and such other officers of
	1543	+	the commission as provided in the commission's bylaws;
961	1544		21. Establish and elect an executive board;
962		-	22. Adopt and provide to the participating states an
963		-	annual report;
964		-	23. Determine whether a state’s enacted compact is
965		-	materially different from the model compact language
966		-	such that the state would not qualify for participation in
967		-	the compact; and
968		-	24. Perform such other functions as may be necessary
969		-	or appropriate to achieve the purposes of this compact.
970		-	(d) Meetings of the commission. 1. All meetings of
971		-	the commission that are not closed pursuant to this para-
972		-	graph shall be open to the public. Notice of public meet-
973		-	ings shall be posted on the commission’s website at least
974		-	thirty (30) days prior to the public meeting.
975		-	2. Notwithstanding subd. 1., the commission may
976		-	convene an emergency public meeting by providing at
977		-	least twenty−four (24) hours prior notice on the commis-
978		-	sion’s website, and any other means as provided in the
979		-	commission’s rules, for any of the reasons it may dis-
980		-	pense with notice of proposed rule making under sub. (9)
981		-	(L). The commission’s legal counsel shall certify that
982		-	one of the reasons justifying an emergency public meet-
983		-	ing has been met.
984		-	3. Notice of all commission meetings shall provide
985		-	the time, date, and location of the meeting, and if the
986		-	meeting is to be held or accessible via telecommunica-
987		-	tion, video conference, or other electronic means, the
988		-	notice shall include the mechanism for access to the
989		-	meeting through such means.
990		-	4. The commission may convene in a closed, non-
991		-	public meeting for the commission to receive legal
992		-	advice or to discuss:
993		-	a. Noncompliance of a participating state with its
994		-	obligations under the compact;
995		-	b. The employment, compensation, discipline or
996		-	other matters, practices or procedures related to specific
997		-	employees or other matters related to the commission’s
	1545	+	22. Adopt and provide to the participating states an annual report;
	1546	+	23. Determine whether a state's enacted compact is materially different from
	1547	+	the model compact language such that the state would not qualify for participation
	1548	+	in the compact; and
	1549	+	24. Perform such other functions as may be necessary or appropriate to achieve
	1550	+	the purposes of this compact.
	1551	+	(d) Meetings of the commission. 1. All meetings of the commission that are not
	1552	+	closed pursuant to this paragraph shall be open to the public. Notice of public
	1553	+	meetings shall be posted on the commission's website at least thirty (30) days prior
	1554	+	to the public meeting.
	1555	+	2. Notwithstanding subd. 1., the commission may convene an emergency public
	1556	+	meeting by providing at least twenty-four (24) hours prior notice on the commission's
	1557	+	website, and any other means as provided in the commission's rules, for any of the
	1558	+	reasons it may dispense with notice of proposed rule making under sub. (9) (L). The
	1559	+	commission's legal counsel shall certify that one of the reasons justifying an
	1560	+	emergency public meeting has been met.
	1561	+	3. Notice of all commission meetings shall provide the time, date, and location
	1562	+	of the meeting, and if the meeting is to be held or accessible via telecommunication,
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	1590	+	video conference, or other electronic means, the notice shall include the mechanism
	1591	+	for access to the meeting through such means.
	1592	+	4. The commission may convene in a closed, nonpublic meeting for the
	1593	+	commission to receive legal advice or to discuss:
	1594	+	a. Noncompliance of a participating state with its obligations under the
	1595	+	compact;
	1596	+	b. The employment, compensation, discipline or other matters, practices or
	1597	+	procedures related to specific employees or other matters related to the commission's
998	1598		internal personnel practices and procedures;
999		-	c. Current or threatened discipline of a licensee or
1000		-	compact privilege holder by the commission or by a par-
1001		-	ticipating state’s licensing authority;
1002		-	d. Current, threatened, or reasonably anticipated liti-
1003		-	gation;
1004		-	e. Negotiation of contracts for the purchase, lease, or
1005		-	sale of goods, services, or real estate;
1006		-	f. Accusing any person of a crime or formally censur-
1007		-	ing any person;
1008		-	g. Trade secrets or commercial or financial informa-
1009		-	tion that is privileged or confidential;
1010		-	h. Information of a personal nature where disclosure
1011		-	would constitute a clearly unwarranted invasion of per-
1012		-	sonal privacy;
1013		-	i. Investigative records compiled for law enforce-
1014		-	ment purposes;
1015		-	j. Information related to any investigative reports
1016		-	prepared by or on behalf of or for use of the commission
1017		-	or other committee charged with responsibility of inves-
1018		-	tigation or determination of compliance issues pursuant
1019		-	to the compact;
	1599	+	c. Current or threatened discipline of a licensee or compact privilege holder by
	1600	+	the commission or by a participating state's licensing authority;
	1601	+	d. Current, threatened, or reasonably anticipated litigation;
	1602	+	e. Negotiation of contracts for the purchase, lease, or sale of goods, services, or
	1603	+	real estate;
	1604	+	f. Accusing any person of a crime or formally censuring any person;
	1605	+	g. Trade secrets or commercial or financial information that is privileged or
	1606	+	confidential;
	1607	+	h. Information of a personal nature where disclosure would constitute a clearly
	1608	+	unwarranted invasion of personal privacy;
	1609	+	i. Investigative records compiled for law enforcement purposes;
	1610	+	j. Information related to any investigative reports prepared by or on behalf of
	1611	+	or for use of the commission or other committee charged with responsibility of
	1612	+	investigation or determination of compliance issues pursuant to the compact;
1020	1613		k. Legal advice;
1021		-	L. Matters specifically exempted from disclosure to
1022		-	the public by federal or participating state law; and
1023		-	m. Other matters as promulgated by the commission
1024		-	by rule.
1025		-	5. If a meeting, or portion of a meeting, is closed, the
1026		-	presiding officer shall state that the meeting will be
1027		-	closed and reference each relevant exempting provision,
1028		-	and such reference shall be recorded in the minutes.
1029		-	6. The commission shall keep minutes that fully and
1030		-	clearly describe all matters discussed in a meeting and
1031		-	shall provide a full and accurate summary of actions
1032		-	taken, and the reasons therefore, including a description
1033		-	of the views expressed. All documents considered in
1034		-	connection with an action shall be identified in such min-
1035		-	utes. All minutes and documents of a closed meeting
1036		-	shall remain under seal, subject to release only by a
1037		-	majority vote of the commission or order of a court of
1038		-	competent jurisdiction.
1039		-	(e) Financing of the commission. 1. The commission
1040		-	shall pay, or provide for the payment of, the reasonable
1041		-	expenses of its establishment, organization, and ongoing
1042		-	activities.
1043		-	2. The commission may accept any and all appropri-
1044		-	ate sources of revenue, donations, and grants of money,
1045		-	equipment, supplies, materials, and services.
1046		-	3. The commission may levy on and collect an annual
1047		-	assessment from each participating state and impose fees
1048		-	on licensees of participating states when a compact privi- − 11 − 2023 Wisconsin Act 2023 Senate Bill 692
1049		-	lege is granted, to cover the cost of the operations and
1050		-	activities of the commission and its staff, which must be
1051		-	in a total amount sufficient to cover its annual budget as
1052		-	approved each fiscal year for which sufficient revenue is
1053		-	not provided by other sources. The aggregate annual
1054		-	assessment amount for participating states shall be allo-
1055		-	cated based upon a formula that the commission shall
1056		-	promulgate by rule.
1057		-	4. The commission shall not incur obligations of any
1058		-	kind prior to securing the funds adequate to meet the
1059		-	same; nor shall the commission pledge the credit of any
1060		-	participating state, except by and with the authority of the
1061		-	participating state.
1062		-	5. The commission shall keep accurate accounts of
1063		-	all receipts and disbursements. The receipts and dis-
1064		-	bursements of the commission shall be subject to the
1065		-	financial review and accounting procedures established
1066		-	under its bylaws. All receipts and disbursements of funds
1067		-	handled by the commission shall be subject to an annual
1068		-	financial review by a certified or licensed public account-
1069		-	ant, and the report of the financial review shall be
1070		-	included in and become part of the annual report of the
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	1642	+	L. Matters specifically exempted from disclosure to the public by federal or
	1643	+	participating state law; and
	1644	+	m. Other matters as promulgated by the commission by rule.
	1645	+	5. If a meeting, or portion of a meeting, is closed, the presiding officer shall state
	1646	+	that the meeting will be closed and reference each relevant exempting provision, and
	1647	+	such reference shall be recorded in the minutes.
	1648	+	6. The commission shall keep minutes that fully and clearly describe all
	1649	+	matters discussed in a meeting and shall provide a full and accurate summary of
	1650	+	actions taken, and the reasons therefore, including a description of the views
	1651	+	expressed. All documents considered in connection with an action shall be identified
	1652	+	in such minutes. All minutes and documents of a closed meeting shall remain under
	1653	+	seal, subject to release only by a majority vote of the commission or order of a court
	1654	+	of competent jurisdiction.
	1655	+	(e) Financing of the commission. 1. The commission shall pay, or provide for
	1656	+	the payment of, the reasonable expenses of its establishment, organization, and
	1657	+	ongoing activities.
	1658	+	2. The commission may accept any and all appropriate sources of revenue,
	1659	+	donations, and grants of money, equipment, supplies, materials, and services.
	1660	+	3. The commission may levy on and collect an annual assessment from each
	1661	+	participating state and impose fees on licensees of participating states when a
	1662	+	compact privilege is granted, to cover the cost of the operations and activities of the
	1663	+	commission and its staff, which must be in a total amount sufficient to cover its
	1664	+	annual budget as approved each fiscal year for which sufficient revenue is not
	1665	+	provided by other sources. The aggregate annual assessment amount for
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	1692	+	participating states shall be allocated based upon a formula that the commission
	1693	+	shall promulgate by rule.
	1694	+	4. The commission shall not incur obligations of any kind prior to securing the
	1695	+	funds adequate to meet the same; nor shall the commission pledge the credit of any
	1696	+	participating state, except by and with the authority of the participating state.
	1697	+	5. The commission shall keep accurate accounts of all receipts and
	1698	+	disbursements. The receipts and disbursements of the commission shall be subject
	1699	+	to the financial review and accounting procedures established under its bylaws. All
	1700	+	receipts and disbursements of funds handled by the commission shall be subject to
	1701	+	an annual financial review by a certified or licensed public accountant, and the
	1702	+	report of the financial review shall be included in and become part of the annual
	1703	+	report of the commission.
	1704	+	(f) The executive board. 1. The executive board shall have the power to act on
	1705	+	behalf of the commission according to the terms of this compact. The powers, duties,
	1706	+	and responsibilities of the executive board shall include:
	1707	+	a. Overseeing the day-to-day activities of the administration of the compact
	1708	+	including compliance with the provisions of the compact, the commission's rules and
	1709	+	bylaws;
	1710	+	b. Recommending to the commission changes to the rules or bylaws, changes
	1711	+	to this compact legislation, fees charged to compact participating states, fees charged
	1712	+	to licensees, and other fees;
	1713	+	c. Ensuring compact administration services are appropriately provided,
	1714	+	including by contract;
	1715	+	d. Preparing and recommending the budget;
	1716	+	e. Maintaining financial records on behalf of the commission;
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	1746	+	f. Monitoring compact compliance of participating states and providing
	1747	+	compliance reports to the commission;
	1748	+	g. Establishing additional committees as necessary;
	1749	+	h. Exercising the powers and duties of the commission during the interim
	1750	+	between commission meetings, except for adopting or amending rules, adopting or
	1751	+	amending bylaws, and exercising any other powers and duties expressly reserved to
	1752	+	the commission by rule or bylaw; and
	1753	+	i. Other duties as provided in the rules or bylaws of the commission.
	1754	+	2. The executive board shall be composed of up to seven (7) members:
	1755	+	a. The chair, vice chair, secretary and treasurer of the commission and any
	1756	+	other members of the commission who serve on the executive board shall be voting
	1757	+	members of the executive board; and
	1758	+	b. Other than the chair, vice chair, secretary, and treasurer, the commission
	1759	+	may elect up to three (3) voting members from the current membership of the
1071	1760		commission.
1072		-	(f) The executive board. 1. The executive board shall
1073		-	have the power to act on behalf of the commission
1074		-	according to the terms of this compact. The powers,
1075		-	duties, and responsibilities of the executive board shall
1076		-	include:
1077		-	a. Overseeing the day−to−day activities of the admin-
1078		-	istration of the compact including compliance with the
1079		-	provisions of the compact, the commission’s rules and
1080		-	bylaws;
1081		-	b. Recommending to the commission changes to the
1082		-	rules or bylaws, changes to this compact legislation, fees
1083		-	charged to compact participating states, fees charged to
1084		-	licensees, and other fees;
1085		-	c. Ensuring compact administration services are
1086		-	appropriately provided, including by contract;
1087		-	d. Preparing and recommending the budget;
1088		-	e. Maintaining financial records on behalf of the
1089		-	commission;
1090		-	f. Monitoring compact compliance of participating
1091		-	states and providing compliance reports to the commis-
1092		-	sion;
1093		-	g. Establishing additional committees as necessary;
1094		-	h. Exercising the powers and duties of the commis-
1095		-	sion during the interim between commission meetings,
1096		-	except for adopting or amending rules, adopting or
1097		-	amending bylaws, and exercising any other powers and
1098		-	duties expressly reserved to the commission by rule or
1099		-	bylaw; and
1100		-	i. Other duties as provided in the rules or bylaws of
1101		-	the commission.
1102		-	2. The executive board shall be composed of up to
1103		-	seven (7) members:
1104		-	a. The chair, vice chair, secretary and treasurer of the
1105		-	commission and any other members of the commission
1106		-	who serve on the executive board shall be voting mem-
1107		-	bers of the executive board; and
1108		-	b. Other than the chair, vice chair, secretary, and trea-
1109		-	surer, the commission may elect up to three (3) voting
1110		-	members from the current membership of the commis-
1111		-	sion.
1112		-	3. The commission may remove any member of the
1113		-	executive board as provided in the commission’s bylaws.
	1761	+	3. The commission may remove any member of the executive board as provided
	1762	+	in the commission's bylaws.
1114	1763		4. The executive board shall meet at least annually.
1115		-	a. An executive board meeting at which it takes or
1116		-	intends to take formal action on a matter shall be open to
1117		-	the public, except that the executive board may meet in
1118		-	a closed, nonpublic session of a public meeting when
1119		-	dealing with any of the matters covered under par. (d) 4.
1120		-	b. The executive board shall give five (5) business
1121		-	days’ notice of its public meetings, posted on its website
1122		-	and as it may otherwise determine to provide notice to
1123		-	persons with an interest in the public matters the execu-
1124		-	tive board intends to address at those meetings.
1125		-	5. The executive board may hold an emergency meet-
1126		-	ing when acting for the commission to:
1127		-	a. Meet an imminent threat to public health, safety,
1128		-	or welfare;
1129		-	b. Prevent a loss of commission or participating state
1130		-	funds; or
	1764	+	a. An executive board meeting at which it takes or intends to take formal action
	1765	+	on a matter shall be open to the public, except that the executive board may meet in
	1766	+	a closed, nonpublic session of a public meeting when dealing with any of the matters
	1767	+	covered under par (d) 4.
	1768	+	b. The executive board shall give five (5) business days' notice of its public
	1769	+	meetings, posted on its website and as it may otherwise determine to provide notice
	1770	+	1
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	1795	+	SECTION 50 SENATE BILL 692
	1796	+	to persons with an interest in the public matters the executive board intends to
	1797	+	address at those meetings.
	1798	+	5. The executive board may hold an emergency meeting when acting for the
	1799	+	commission to:
	1800	+	a. Meet an imminent threat to public health, safety, or welfare;
	1801	+	b. Prevent a loss of commission or participating state funds; or
1131	1802		c. Protect public health and safety.
1132		-	(g) Qualified immunity, defense, and indemnifica-
1133		-	tion. 1. The members, officers, executive director,
1134		-	employees and representatives of the commission shall
1135		-	be immune from suit and liability, both personally and in
1136		-	their official capacity, for any claim for damage to or loss
1137		-	of property or personal injury or other civil liability
1138		-	caused by or arising out of any actual or alleged act, error,
1139		-	or omission that occurred, or that the person against
1140		-	whom the claim is made had a reasonable basis for
1141		-	believing occurred within the scope of commission
1142		-	employment, duties or responsibilities; provided that
1143		-	nothing in this subdivision shall be construed to protect
1144		-	any such person from suit or liability for any damage,
1145		-	loss, injury, or liability caused by the intentional or will-
1146		-	ful or wanton misconduct of that person. The procure-
1147		-	ment of insurance of any type by the commission shall
1148		-	not in any way compromise or limit the immunity granted
1149		-	hereunder.
1150		-	2. The commission shall defend any member, officer,
1151		-	executive director, employee, and representative of the
1152		-	commission in any civil action seeking to impose liability
1153		-	arising out of any actual or alleged act, error, or omission
1154		-	that occurred within the scope of commission employ-
1155		-	ment, duties, or responsibilities, or as determined by the
1156		-	commission that the person against whom the claim is
1157		-	made had a reasonable basis for believing occurred
1158		-	within the scope of commission employment, duties, or − 12 −2023 Wisconsin Act 2023 Senate Bill 692
1159		-	responsibilities; provided that nothing herein shall be
1160		-	construed to prohibit that person from retaining their own
1161		-	counsel at their own expense; and provided further, that
1162		-	the actual or alleged act, error, or omission did not result
1163		-	from that person’s intentional or willful or wanton mis-
1164		-	conduct.
1165		-	3. Notwithstanding subd. 1., should any member,
1166		-	officer, executive director, employee, or representative
1167		-	of the commission be held liable for the amount of any
1168		-	settlement or judgment arising out of any actual or
1169		-	alleged act, error, or omission that occurred within the
1170		-	scope of that individual’s employment, duties, or respon-
1171		-	sibilities for the commission, or that the person to whom
1172		-	that individual is liable had a reasonable basis for believ-
1173		-	ing occurred within the scope of the individual’s employ-
1174		-	ment, duties, or responsibilities for the commission, the
1175		-	commission shall indemnify and hold harmless such
1176		-	individual, provided that the actual or alleged act, error,
1177		-	or omission did not result from the intentional or willful
1178		-	or wanton misconduct of the individual.
1179		-	4. Nothing herein shall be construed as a limitation
1180		-	on the liability of any licensee for professional malprac-
1181		-	tice or misconduct, which shall be governed solely by any
1182		-	other applicable state laws.
1183		-	5. Nothing in this compact shall be interpreted to
1184		-	waive or otherwise abrogate a participating state’s state
1185		-	action immunity or state action affirmative defense with
1186		-	respect to antitrust claims under the Sherman Act, Clay-
1187		-	ton Act, or any other state or federal antitrust or anticom-
1188		-	petitive law or regulation.
1189		-	6. Nothing in this compact shall be construed to be
1190		-	a waiver of sovereign immunity by the participating
1191		-	states or by the commission.
1192		-	(8) DATA SYSTEM. (a) The commission shall provide
1193		-	for the development, maintenance, operation, and uti-
1194		-	lization of a coordinated database and reporting system
1195		-	containing licensure, adverse action, and the presence of
1196		-	significant investigative information on all licensees and
1197		-	applicants for a license in participating states.
1198		-	(b) Notwithstanding any other provision of state law
1199		-	to the contrary, a participating state shall submit a uni-
1200		-	form data set to the data system on all individuals to
1201		-	whom this compact is applicable as required by the rules
1202		-	of the commission, including:
	1803	+	(g) Qualified immunity, defense, and indemnification. 1. The members,
	1804	+	officers, executive director, employees and representatives of the commission shall
	1805	+	be immune from suit and liability, both personally and in their official capacity, for
	1806	+	any claim for damage to or loss of property or personal injury or other civil liability
	1807	+	caused by or arising out of any actual or alleged act, error, or omission that occurred,
	1808	+	or that the person against whom the claim is made had a reasonable basis for
	1809	+	believing occurred within the scope of commission employment, duties or
	1810	+	responsibilities; provided that nothing in this subdivision shall be construed to
	1811	+	protect any such person from suit or liability for any damage, loss, injury, or liability
	1812	+	caused by the intentional or willful or wanton misconduct of that person. The
	1813	+	procurement of insurance of any type by the commission shall not in any way
	1814	+	compromise or limit the immunity granted hereunder.
	1815	+	2. The commission shall defend any member, officer, executive director,
	1816	+	employee, and representative of the commission in any civil action seeking to impose
	1817	+	liability arising out of any actual or alleged act, error, or omission that occurred
	1818	+	within the scope of commission employment, duties, or responsibilities, or as
	1819	+	determined by the commission that the person against whom the claim is made had
	1820	+	a reasonable basis for believing occurred within the scope of commission
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	1848	+	SECTION 50
	1849	+	SENATE BILL 692
	1850	+	employment, duties, or responsibilities; provided that nothing herein shall be
	1851	+	construed to prohibit that person from retaining their own counsel at their own
	1852	+	expense; and provided further, that the actual or alleged act, error, or omission did
	1853	+	not result from that person's intentional or willful or wanton misconduct.
	1854	+	3. Notwithstanding subd. 1., should any member, officer, executive director,
	1855	+	employee, or representative of the commission be held liable for the amount of any
	1856	+	settlement or judgment arising out of any actual or alleged act, error, or omission that
	1857	+	occurred within the scope of that individual's employment, duties, or responsibilities
	1858	+	for the commission, or that the person to whom that individual is liable had a
	1859	+	reasonable basis for believing occurred within the scope of the individual's
	1860	+	employment, duties, or responsibilities for the commission, the commission shall
	1861	+	indemnify and hold harmless such individual, provided that the actual or alleged act,
	1862	+	error, or omission did not result from the intentional or willful or wanton misconduct
	1863	+	of the individual.
	1864	+	4. Nothing herein shall be construed as a limitation on the liability of any
	1865	+	licensee for professional malpractice or misconduct, which shall be governed solely
	1866	+	by any other applicable state laws.
	1867	+	5. Nothing in this compact shall be interpreted to waive or otherwise abrogate
	1868	+	a participating state's state action immunity or state action affirmative defense with
	1869	+	respect to antitrust claims under the Sherman Act, Clayton Act, or any other state
	1870	+	or federal antitrust or anticompetitive law or regulation.
	1871	+	6. Nothing in this compact shall be construed to be a waiver of sovereign
	1872	+	immunity by the participating states or by the commission.
	1873	+	(8) DATA SYSTEM. (a) The commission shall provide for the development,
	1874	+	maintenance, operation, and utilization of a coordinated database and reporting
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	1900	+	MED:emw
	1901	+	SECTION 50 SENATE BILL 692
	1902	+	system containing licensure, adverse action, and the presence of significant
	1903	+	investigative information on all licensees and applicants for a license in
	1904	+	participating states.
	1905	+	(b) Notwithstanding any other provision of state law to the contrary, a
	1906	+	participating state shall submit a uniform data set to the data system on all
	1907	+	individuals to whom this compact is applicable as required by the rules of the
	1908	+	commission, including:
1203	1909		1. Identifying information;
1204	1910		2. Licensure data;
1205		-	3. Adverse actions against a licensee, license appli-
1206		-	cant or compact privilege and information related
1207		-	thereto;
1208		-	4. Nonconfidential information related to alternative
1209		-	program participation, the beginning and ending dates of
1210		-	such participation, and other information related to such
1211		-	participation;
1212		-	5. Any denial of an application for licensure, and the
1213		-	reason(s) for such denial, (excluding the reporting of any
1214		-	criminal history record information where prohibited by
1215		-	law);
1216		-	6. The presence of significant investigative informa-
1217		-	tion; and
1218		-	7. Other information that may facilitate the adminis-
1219		-	tration of this compact or the protection of the public, as
1220		-	determined by the rules of the commission.
1221		-	(c) The records and information provided to a partici-
1222		-	pating state pursuant to this compact or through the data
1223		-	system, when certified by the commission or an agent
1224		-	thereof, shall constitute the authenticated business
1225		-	records of the commission, and shall be entitled to any
1226		-	associated hearsay exception in any relevant judicial,
1227		-	quasi−judicial or administrative proceedings in a partici-
1228		-	pating state.
1229		-	(d) Significant investigative information pertaining
1230		-	to a licensee in any participating state will only be avail-
1231		-	able to other participating states.
1232		-	(e) It is the responsibility of the participating states
1233		-	to monitor the database to determine whether adverse
1234		-	action has been taken against a licensee or license appli-
1235		-	cant. Adverse action information pertaining to a licensee
1236		-	or license applicant in any participating state will be
1237		-	available to any other participating state.
1238		-	(f) Participating states contributing information to
1239		-	the data system may designate information that may not
1240		-	be shared with the public without the express permission
1241		-	of the contributing state.
1242		-	(g) Any information submitted to the data system that
1243		-	is subsequently expunged pursuant to federal law or the
1244		-	laws of the participating state contributing the informa-
1245		-	tion shall be removed from the data system.
1246		-	(9) RULE MAKING. (a) The commission shall promul-
1247		-	gate reasonable rules in order to effectively and effi-
1248		-	ciently implement and administer the purposes and pro-
1249		-	visions of the compact. A commission rule shall be
1250		-	invalid and have no force or effect only if a court of com-
1251		-	petent jurisdiction holds that the rule is invalid because
1252		-	the commission exercised its rule−making authority in a
1253		-	manner that is beyond the scope and purposes of the com-
1254		-	pact, or the powers granted hereunder, or based upon
	1911	+	3. Adverse actions against a licensee, license applicant or compact privilege
	1912	+	and information related thereto;
	1913	+	4. Nonconfidential information related to alternative program participation,
	1914	+	the beginning and ending dates of such participation, and other information related
	1915	+	to such participation;
	1916	+	5. Any denial of an application for licensure, and the reason(s) for such denial,
	1917	+	(excluding the reporting of any criminal history record information where prohibited
	1918	+	by law);
	1919	+	6. The presence of significant investigative information; and
	1920	+	7. Other information that may facilitate the administration of this compact or
	1921	+	the protection of the public, as determined by the rules of the commission.
	1922	+	(c) The records and information provided to a participating state pursuant to
	1923	+	this compact or through the data system, when certified by the commission or an
	1924	+	agent thereof, shall constitute the authenticated business records of the commission,
	1925	+	and shall be entitled to any associated hearsay exception in any relevant judicial,
	1926	+	quasi-judicial or administrative proceedings in a participating state.
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	1954	+	SECTION 50
	1955	+	SENATE BILL 692
	1956	+	(d) Significant investigative information pertaining to a licensee in any
	1957	+	participating state will only be available to other participating states.
	1958	+	(e) It is the responsibility of the participating states to monitor the database
	1959	+	to determine whether adverse action has been taken against a licensee or license
	1960	+	applicant. Adverse action information pertaining to a licensee or license applicant
	1961	+	in any participating state will be available to any other participating state.
	1962	+	(f) Participating states contributing information to the data system may
	1963	+	designate information that may not be shared with the public without the express
	1964	+	permission of the contributing state.
	1965	+	(g) Any information submitted to the data system that is subsequently
	1966	+	expunged pursuant to federal law or the laws of the participating state contributing
	1967	+	the information shall be removed from the data system.
	1968	+	(9) RULE MAKING. (a) The commission shall promulgate reasonable rules in
	1969	+	order to effectively and efficiently implement and administer the purposes and
	1970	+	provisions of the compact. A commission rule shall be invalid and have no force or
	1971	+	effect only if a court of competent jurisdiction holds that the rule is invalid because
	1972	+	the commission exercised its rule-making authority in a manner that is beyond the
	1973	+	scope and purposes of the compact, or the powers granted hereunder, or based upon
1255	1974		another applicable standard of review.
1256		-	(b) The rules of the commission shall have the force
1257		-	of law in each participating state, provided however that
1258		-	where the rules of the commission conflict with the laws
1259		-	of the participating state that establish the participating
1260		-	state’s scope of practice as held by a court of competent
1261		-	jurisdiction, the rules of the commission shall be ineffec-
1262		-	tive in that state to the extent of the conflict.
1263		-	(c) The commission shall exercise its rule−making
1264		-	powers pursuant to the criteria set forth in this subsection
1265		-	and the rules adopted thereunder. Rules shall become
1266		-	binding as of the date specified by the commission for
1267		-	each rule. − 13 − 2023 Wisconsin Act 2023 Senate Bill 692
1268		-	(d) If a majority of the legislatures of the participating
1269		-	states rejects a commission rule or portion of a commis-
1270		-	sion rule, by enactment of a statute or resolution in the
1271		-	same manner used to adopt the compact, within four (4)
1272		-	years of the date of adoption of the rule, then such rule
1273		-	shall have no further force and effect in any participating
1274		-	state or to any state applying to participate in the com-
1275		-	pact.
1276		-	(e) Rules shall be adopted at a regular or special
1277		-	meeting of the commission.
1278		-	(f) Prior to adoption of a proposed rule, the commis-
1279		-	sion shall hold a public hearing and allow persons to pro-
1280		-	vide oral and written comments, data, facts, opinions, and
1281		-	arguments.
1282		-	(g) Prior to adoption of a proposed rule by the com-
1283		-	mission, and at least thirty (30) days in advance of the
1284		-	meeting at which the commission will hold a public hear-
1285		-	ing on the proposed rule, the commission shall provide a
1286		-	notice of proposed rule making:
1287		-	1. On the website of the commission or other publicly
1288		-	accessible platform;
1289		-	2. To persons who have requested notice of the com-
1290		-	mission’s notices of proposed rule making, and
1291		-	3. In such other way(s) as the commission may by
1292		-	rule specify.
	1975	+	(b) The rules of the commission shall have the force of law in each participating
	1976	+	state, provided however that where the rules of the commission conflict with the laws
	1977	+	of the participating state that establish the participating state's scope of practice as
	1978	+	held by a court of competent jurisdiction, the rules of the commission shall be
	1979	+	ineffective in that state to the extent of the conflict.
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	2005	+	SECTION 50 SENATE BILL 692
	2006	+	(c) The commission shall exercise its rule-making powers pursuant to the
	2007	+	criteria set forth in this subsection and the rules adopted thereunder. Rules shall
	2008	+	become binding as of the date specified by the commission for each rule.
	2009	+	(d) If a majority of the legislatures of the participating states rejects a
	2010	+	commission rule or portion of a commission rule, by enactment of a statute or
	2011	+	resolution in the same manner used to adopt the compact, within four (4) years of the
	2012	+	date of adoption of the rule, then such rule shall have no further force and effect in
	2013	+	any participating state or to any state applying to participate in the compact.
	2014	+	(e) Rules shall be adopted at a regular or special meeting of the commission.
	2015	+	(f) Prior to adoption of a proposed rule, the commission shall hold a public
	2016	+	hearing and allow persons to provide oral and written comments, data, facts,
	2017	+	opinions, and arguments.
	2018	+	(g) Prior to adoption of a proposed rule by the commission, and at least thirty
	2019	+	(30) days in advance of the meeting at which the commission will hold a public
	2020	+	hearing on the proposed rule, the commission shall provide a notice of proposed rule
	2021	+	making:
	2022	+	1. On the website of the commission or other publicly accessible platform;
	2023	+	2. To persons who have requested notice of the commission's notices of proposed
	2024	+	rule making, and
	2025	+	3. In such other way(s) as the commission may by rule specify.
1293	2026		(h) The notice of proposed rule making shall include:
1294		-	1. The time, date, and location of the public hearing
1295		-	at which the commission will hear public comments on
1296		-	the proposed rule and, if different, the time, date, and
1297		-	location of the meeting where the commission will con-
1298		-	sider and vote on the proposed rule;
1299		-	2. If the hearing is held via telecommunication, video
1300		-	conference, or other electronic means, the commission
1301		-	shall include the mechanism for access to the hearing in
1302		-	the notice of proposed rule making;
1303		-	3. The text of the proposed rule and the reason there-
1304		-	for;
1305		-	4. A request for comments on the proposed rule from
1306		-	any interested person; and
1307		-	5. The manner in which interested persons may sub-
1308		-	mit written comments.
1309		-	(i) All hearings will be recorded. A copy of the
1310		-	recording and all written comments and documents
1311		-	received by the commission in response to the proposed
	2027	+	1. The time, date, and location of the public hearing at which the commission
	2028	+	will hear public comments on the proposed rule and, if different, the time, date, and
	2029	+	location of the meeting where the commission will consider and vote on the proposed
	2030	+	rule;
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	2058	+	SECTION 50
	2059	+	SENATE BILL 692
	2060	+	2. If the hearing is held via telecommunication, video conference, or other
	2061	+	electronic means, the commission shall include the mechanism for access to the
	2062	+	hearing in the notice of proposed rule making;
	2063	+	3. The text of the proposed rule and the reason therefor;
	2064	+	4. A request for comments on the proposed rule from any interested person; and
	2065	+	5. The manner in which interested persons may submit written comments.
	2066	+	(i) All hearings will be recorded. A copy of the recording and all written
	2067	+	comments and documents received by the commission in response to the proposed
1312	2068		rule shall be available to the public.
1313		-	(j) Nothing in this subsection shall be construed as
1314		-	requiring a separate hearing on each commission rule.
1315		-	Rules may be grouped for the convenience of the com-
1316		-	mission at hearings required by this subsection.
1317		-	(k) The commission shall, by majority vote of all
1318		-	commissioners, take final action on the proposed rule
1319		-	based on the rule−making record.
1320		-	1. The commission may adopt changes to the pro-
1321		-	posed rule provided the changes do not enlarge the origi-
1322		-	nal purpose of the proposed rule.
1323		-	2. The commission shall provide an explanation of
1324		-	the reasons for substantive changes made to the proposed
1325		-	rule as well as reasons for substantive changes not made
1326		-	that were recommended by commenters.
1327		-	3. The commission shall determine a reasonable
1328		-	effective date for the rule. Except for an emergency as
1329		-	provided in par. (L), the effective date of the rule shall be
1330		-	no sooner than thirty (30) days after the commission issu-
1331		-	ing the notice that it adopted or amended the rule.
1332		-	(L) Upon determination that an emergency exists, the
1333		-	commission may consider and adopt an emergency rule
1334		-	with 24 hours’ notice, with opportunity to comment, pro-
1335		-	vided that the usual rule−making procedures provided in
1336		-	the compact and in this subsection shall be retroactively
1337		-	applied to the rule as soon as reasonably possible, in no
1338		-	event later than ninety (90) days after the effective date
1339		-	of the rule. For the purposes of this provision, an emer-
1340		-	gency rule is one that must be adopted immediately in
1341		-	order to:
1342		-	1. Meet an imminent threat to public health, safety,
1343		-	or welfare;
1344		-	2. Prevent a loss of commission or participating state
1345		-	funds;
1346		-	3. Meet a deadline for the promulgation of a rule that
1347		-	is established by federal law or rule; or
	2069	+	(j) Nothing in this subsection shall be construed as requiring a separate
	2070	+	hearing on each commission rule. Rules may be grouped for the convenience of the
	2071	+	commission at hearings required by this subsection.
	2072	+	(k) The commission shall, by majority vote of all commissioners, take final
	2073	+	action on the proposed rule based on the rule-making record.
	2074	+	1. The commission may adopt changes to the proposed rule provided the
	2075	+	changes do not enlarge the original purpose of the proposed rule.
	2076	+	2. The commission shall provide an explanation of the reasons for substantive
	2077	+	changes made to the proposed rule as well as reasons for substantive changes not
	2078	+	made that were recommended by commenters.
	2079	+	3. The commission shall determine a reasonable effective date for the rule.
	2080	+	Except for an emergency as provided in par. (L), the effective date of the rule shall
	2081	+	be no sooner than thirty (30) days after the commission issuing the notice that it
	2082	+	adopted or amended the rule.
	2083	+	(L) Upon determination that an emergency exists, the commission may
	2084	+	consider and adopt an emergency rule with 24 hours' notice, with opportunity to
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	2111	+	SECTION 50 SENATE BILL 692
	2112	+	comment, provided that the usual rule-making procedures provided in the compact
	2113	+	and in this subsection shall be retroactively applied to the rule as soon as reasonably
	2114	+	possible, in no event later than ninety (90) days after the effective date of the rule.
	2115	+	For the purposes of this provision, an emergency rule is one that must be adopted
	2116	+	immediately in order to:
	2117	+	1. Meet an imminent threat to public health, safety, or welfare;
	2118	+	2. Prevent a loss of commission or participating state funds;
	2119	+	3. Meet a deadline for the promulgation of a rule that is established by federal
	2120	+	law or rule; or
1348	2121		4. Protect public health and safety.
1349		-	(m) The commission or an authorized committee of
1350		-	the commission may direct revisions to a previously
1351		-	adopted rule for purposes of correcting typographical
1352		-	errors, errors in format, errors in consistency, or gram-
1353		-	matical errors. Public notice of any revisions shall be
1354		-	posted on the website of the commission. The revision
1355		-	shall be subject to challenge by any person for a period
1356		-	of thirty (30) days after posting. The revision may be
1357		-	challenged only on grounds that the revision results in a
1358		-	material change to a rule. A challenge shall be made in
1359		-	writing and delivered to the commission prior to the end
1360		-	of the notice period. If no challenge is made, the revision
1361		-	will take effect without further action. If the revision is
1362		-	challenged, the revision may not take effect without the
1363		-	approval of the commission.
1364		-	(n) No participating state’s rule−making require-
1365		-	ments shall apply under this compact.
1366		-	(10) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCE-
1367		-	MENT. (a) Oversight. 1. The executive and judicial
1368		-	branches of state government in each participating state
1369		-	shall enforce this compact and take all actions necessary
1370		-	and appropriate to implement the compact.
1371		-	2. Venue is proper and judicial proceedings by or
1372		-	against the commission shall be brought solely and
1373		-	exclusively in a court of competent jurisdiction where the
1374		-	principal office of the commission is located. The com-
1375		-	mission may waive venue and jurisdictional defenses to
1376		-	the extent it adopts or consents to participate in alterna-
1377		-	tive dispute resolution proceedings. Nothing herein shall − 14 −2023 Wisconsin Act 2023 Senate Bill 692
1378		-	affect or limit the selection or propriety of venue in any
1379		-	action against a licensee for professional malpractice,
	2122	+	(m) The commission or an authorized committee of the commission may direct
	2123	+	revisions to a previously adopted rule for purposes of correcting typographical errors,
	2124	+	errors in format, errors in consistency, or grammatical errors. Public notice of any
	2125	+	revisions shall be posted on the website of the commission. The revision shall be
	2126	+	subject to challenge by any person for a period of thirty (30) days after posting. The
	2127	+	revision may be challenged only on grounds that the revision results in a material
	2128	+	change to a rule. A challenge shall be made in writing and delivered to the
	2129	+	commission prior to the end of the notice period. If no challenge is made, the revision
	2130	+	will take effect without further action. If the revision is challenged, the revision may
	2131	+	not take effect without the approval of the commission.
	2132	+	(n) No participating state's rule-making requirements shall apply under this
	2133	+	compact.
	2134	+	(10) OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT. (a) Oversight. 1. The
	2135	+	executive and judicial branches of state government in each participating state shall
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	2162	+	SECTION 50
	2163	+	SENATE BILL 692
	2164	+	enforce this compact and take all actions necessary and appropriate to implement
	2165	+	the compact.
	2166	+	2. Venue is proper and judicial proceedings by or against the commission shall
	2167	+	be brought solely and exclusively in a court of competent jurisdiction where the
	2168	+	principal office of the commission is located. The commission may waive venue and
	2169	+	jurisdictional defenses to the extent it adopts or consents to participate in alternative
	2170	+	dispute resolution proceedings. Nothing herein shall affect or limit the selection or
	2171	+	propriety of venue in any action against a licensee for professional malpractice,
1380	2172		misconduct or any such similar matter.
1381		-	3. The commission shall be entitled to receive service
1382		-	of process in any proceeding regarding the enforcement
1383		-	or interpretation of the compact or commission rule and
1384		-	shall have standing to intervene in such a proceeding for
1385		-	all purposes. Failure to provide the commission service
1386		-	of process shall render a judgment or order void as to the
1387		-	commission, this compact, or promulgated rules.
1388		-	(b) Default, technical assistance, and termination.
1389		-	1. If the commission determines that a participating state
1390		-	has defaulted in the performance of its obligations or
1391		-	responsibilities under this compact or the promulgated
1392		-	rules, the commission shall provide written notice to the
1393		-	defaulting state. The notice of default shall describe the
1394		-	default, the proposed means of curing the default, and
1395		-	any other action that the commission may take, and shall
1396		-	offer training and specific technical assistance regarding
1397		-	the default.
1398		-	2. The commission shall provide a copy of the notice
1399		-	of default to the other participating states.
1400		-	(c) If a state in default fails to cure the default, the
1401		-	defaulting state may be terminated from the compact
1402		-	upon an affirmative vote of a majority of the commis-
1403		-	sioners, and all rights, privileges and benefits conferred
1404		-	on that state by this compact may be terminated on the
1405		-	effective date of termination. A cure of the default does
1406		-	not relieve the offending state of obligations or liabilities
1407		-	incurred during the period of default.
1408		-	(d) Termination of participation in the compact shall
1409		-	be imposed only after all other means of securing compli-
1410		-	ance have been exhausted. Notice of intent to suspend or
1411		-	terminate shall be given by the commission to the gover-
1412		-	nor, the majority and minority leaders of the defaulting
1413		-	state’s legislature, the defaulting state’s state licensing
1414		-	authority or authorities, as applicable, and each of the
1415		-	participating states’ state licensing authority or authori-
1416		-	ties, as applicable.
1417		-	(e) A state that has been terminated is responsible for
1418		-	all assessments, obligations, and liabilities incurred
1419		-	through the effective date of termination, including obli-
1420		-	gations that extend beyond the effective date of termina-
1421		-	tion.
1422		-	(f) Upon the termination of a state’s participation in
1423		-	this compact, that state shall immediately provide notice
1424		-	to all licensees of the state, including licensees of other
1425		-	participating states issued a compact privilege to practice
1426		-	within that state, of such termination. The terminated
1427		-	state shall continue to recognize all compact privileges
1428		-	then in effect in that state for a minimum of one hundred
1429		-	eighty (180) days after the date of said notice of termina-
1430		-	tion.
1431		-	(g) The commission shall not bear any costs related
1432		-	to a state that is found to be in default or that has been ter-
1433		-	minated from the compact, unless agreed upon in writing
1434		-	between the commission and the defaulting state.
1435		-	(h) The defaulting state may appeal the action of the
1436		-	commission by petitioning the U.S. District Court for the
1437		-	District of Columbia or the federal district where the
1438		-	commission has its principal offices. The prevailing
1439		-	party shall be awarded all costs of such litigation, includ-
1440		-	ing reasonable attorney’s fees.
1441		-	(i) Dispute resolution. 1. Upon request by a partici-
1442		-	pating state, the commission shall attempt to resolve dis-
1443		-	putes related to the compact that arise among participat-
1444		-	ing states and between participating states and
1445		-	non−participating states.
1446		-	2. The commission shall promulgate a rule providing
1447		-	for both mediation and binding dispute resolution for dis-
1448		-	putes as appropriate.
1449		-	(j) Enforcement. 1. The commission, in the reason-
1450		-	able exercise of its discretion, shall enforce the provi-
1451		-	sions of this compact and the commission’s rules.
1452		-	2. By majority vote, the commission may initiate
1453		-	legal action against a participating state in default in the
1454		-	U.S. District Court for the District of Columbia or the
1455		-	federal district where the commission has its principal
1456		-	offices to enforce compliance with the provisions of the
1457		-	compact and its promulgated rules. The relief sought
1458		-	may include both injunctive relief and damages. In the
1459		-	event judicial enforcement is necessary, the prevailing
1460		-	party shall be awarded all costs of such litigation, includ-
1461		-	ing reasonable attorney’s fees. The remedies herein shall
1462		-	not be the exclusive remedies of the commission. The
1463		-	commission may pursue any other remedies available
1464		-	under federal or the defaulting participating state’s law.
1465		-	3. A participating state may initiate legal action
1466		-	against the commission in the U.S. District Court for the
1467		-	District of Columbia or the federal district where the
1468		-	commission has its principal offices to enforce compli-
1469		-	ance with the provisions of the compact and its promul-
1470		-	gated rules. The relief sought may include both injunc-
1471		-	tive relief and damages. In the event judicial enforcement
1472		-	is necessary, the prevailing party shall be awarded all
1473		-	costs of such litigation, including reasonable attorney’s
	2173	+	3. The commission shall be entitled to receive service of process in any
	2174	+	proceeding regarding the enforcement or interpretation of the compact or
	2175	+	commission rule and shall have standing to intervene in such a proceeding for all
	2176	+	purposes. Failure to provide the commission service of process shall render a
	2177	+	judgment or order void as to the commission, this compact, or promulgated rules.
	2178	+	(b) Default, technical assistance, and termination. 1. If the commission
	2179	+	determines that a participating state has defaulted in the performance of its
	2180	+	obligations or responsibilities under this compact or the promulgated rules, the
	2181	+	commission shall provide written notice to the defaulting state. The notice of default
	2182	+	shall describe the default, the proposed means of curing the default, and any other
	2183	+	action that the commission may take, and shall offer training and specific technical
	2184	+	assistance regarding the default.
	2185	+	2. The commission shall provide a copy of the notice of default to the other
	2186	+	participating states.
	2187	+	(c) If a state in default fails to cure the default, the defaulting state may be
	2188	+	terminated from the compact upon an affirmative vote of a majority of the
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	2215	+	SECTION 50 SENATE BILL 692
	2216	+	commissioners, and all rights, privileges and benefits conferred on that state by this
	2217	+	compact may be terminated on the effective date of termination. A cure of the default
	2218	+	does not relieve the offending state of obligations or liabilities incurred during the
	2219	+	period of default.
	2220	+	(d) Termination of participation in the compact shall be imposed only after all
	2221	+	other means of securing compliance have been exhausted. Notice of intent to
	2222	+	suspend or terminate shall be given by the commission to the governor, the majority
	2223	+	and minority leaders of the defaulting state's legislature, the defaulting state's state
	2224	+	licensing authority or authorities, as applicable, and each of the participating states'
	2225	+	state licensing authority or authorities, as applicable.
	2226	+	(e) A state that has been terminated is responsible for all assessments,
	2227	+	obligations, and liabilities incurred through the effective date of termination,
	2228	+	including obligations that extend beyond the effective date of termination.
	2229	+	(f) Upon the termination of a state's participation in this compact, that state
	2230	+	shall immediately provide notice to all licensees of the state, including licensees of
	2231	+	other participating states issued a compact privilege to practice within that state, of
	2232	+	such termination. The terminated state shall continue to recognize all compact
	2233	+	privileges then in effect in that state for a minimum of one hundred eighty (180) days
	2234	+	after the date of said notice of termination.
	2235	+	(g) The commission shall not bear any costs related to a state that is found to
	2236	+	be in default or that has been terminated from the compact, unless agreed upon in
	2237	+	writing between the commission and the defaulting state.
	2238	+	(h) The defaulting state may appeal the action of the commission by petitioning
	2239	+	the U.S. District Court for the District of Columbia or the federal district where the
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	2267	+	SENATE BILL 692
	2268	+	commission has its principal offices. The prevailing party shall be awarded all costs
	2269	+	of such litigation, including reasonable attorney's fees.
	2270	+	(i) Dispute resolution. 1. Upon request by a participating state, the commission
	2271	+	shall attempt to resolve disputes related to the compact that arise among
	2272	+	participating states and between participating states and non-participating states.
	2273	+	2. The commission shall promulgate a rule providing for both mediation and
	2274	+	binding dispute resolution for disputes as appropriate.
	2275	+	(j) Enforcement. 1. The commission, in the reasonable exercise of its discretion,
	2276	+	shall enforce the provisions of this compact and the commission's rules.
	2277	+	2. By majority vote, the commission may initiate legal action against a
	2278	+	participating state in default in the United States District Court for the District of
	2279	+	Columbia or the federal district where the commission has its principal offices to
	2280	+	enforce compliance with the provisions of the compact and its promulgated rules.
	2281	+	The relief sought may include both injunctive relief and damages. In the event
	2282	+	judicial enforcement is necessary, the prevailing party shall be awarded all costs of
	2283	+	such litigation, including reasonable attorney's fees. The remedies herein shall not
	2284	+	be the exclusive remedies of the commission. The commission may pursue any other
	2285	+	remedies available under federal or the defaulting participating state's law.
	2286	+	3. A participating state may initiate legal action against the commission in the
	2287	+	U.S. District Court for the District of Columbia or the federal district where the
	2288	+	commission has its principal offices to enforce compliance with the provisions of the
	2289	+	compact and its promulgated rules. The relief sought may include both injunctive
	2290	+	relief and damages. In the event judicial enforcement is necessary, the prevailing
	2291	+	party shall be awarded all costs of such litigation, including reasonable attorney's
1474	2292		fees.
1475		-	4. No individual or entity other than a participating
1476		-	state may enforce this compact against the commission.
1477		-	(11) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT.
1478		-	(a) The compact shall come into effect on the date on
1479		-	which the compact statute is enacted into law in the sev-
1480		-	enth participating state.
1481		-	1. On or after the effective date of the compact, the
1482		-	commission shall convene and review the enactment of
1483		-	each of the states that enacted the compact prior to the
1484		-	commission convening (“charter participating states”) to
1485		-	determine if the statute enacted by each such charter par-
1486		-	ticipating state is materially different than the model
1487		-	compact. − 15 − 2023 Wisconsin Act 2023 Senate Bill 692
1488		-	a. A charter participating state whose enactment is
1489		-	found to be materially different from the model compact
1490		-	shall be entitled to the default process set forth in sub.
1491		-	(10).
1492		-	b. If any participating state is later found to be in
1493		-	default, or is terminated or withdraws from the compact,
1494		-	the commission shall remain in existence and the com-
1495		-	pact shall remain in effect even if the number of partici-
1496		-	pating states should be less than seven (7).
1497		-	2. Participating states enacting the compact subse-
1498		-	quent to the charter participating states shall be subject to
1499		-	the process set forth in sub. (7) (c) 23. to determine if their
1500		-	enactments are materially different from the model com-
1501		-	pact and whether they qualify for participation in the
1502		-	compact.
1503		-	3. All actions taken for the benefit of the commission
1504		-	or in furtherance of the purposes of the administration of
1505		-	the compact prior to the effective date of the compact or
1506		-	the commission coming into existence shall be consid-
1507		-	ered to be actions of the commission unless specifically
1508		-	repudiated by the commission.
1509		-	4. Any state that joins the compact subsequent to the
1510		-	commission’s initial adoption of the rules and bylaws
1511		-	shall be subject to the commission’s rules and bylaws as
1512		-	they exist on the date on which the compact becomes law
1513		-	in that state. Any rule that has been previously adopted
1514		-	by the commission shall have the full force and effect of
1515		-	law on the day the compact becomes law in that state.
1516		-	(b) Any participating state may withdraw from this
1517		-	compact by enacting a statute repealing that state’s enact-
1518		-	ment of the compact.
1519		-	1. A participating state’s withdrawal shall not take
1520		-	effect until one hundred eighty (180) days after enact-
1521		-	ment of the repealing statute.
1522		-	2. Withdrawal shall not affect the continuing require-
1523		-	ment of the withdrawing state’s licensing authority or
1524		-	authorities to comply with the investigative and adverse
1525		-	action reporting requirements of this compact prior to the
1526		-	effective date of withdrawal.
1527		-	3. Upon the enactment of a statute withdrawing from
1528		-	this compact, the state shall immediately provide notice
1529		-	of such withdrawal to all licensees within that state. Not-
1530		-	withstanding any subsequent statutory enactment to the
1531		-	contrary, such withdrawing state shall continue to recog-
1532		-	nize all compact privileges to practice within that state
1533		-	granted pursuant to this compact for a minimum of one
1534		-	hundred eighty (180) days after the date of such notice of
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	2319	+	SECTION 50 SENATE BILL 692
	2320	+	4. No individual or entity other than a participating state may enforce this
	2321	+	compact against the commission.
	2322	+	(11) EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a) The compact shall come
	2323	+	into effect on the date on which the compact statute is enacted into law in the seventh
	2324	+	participating state.
	2325	+	1. On or after the effective date of the compact, the commission shall convene
	2326	+	and review the enactment of each of the states that enacted the compact prior to the
	2327	+	commission convening (“charter participating states”) to determine if the statute
	2328	+	enacted by each such charter participating state is materially different than the
	2329	+	model compact.
	2330	+	a. A charter participating state whose enactment is found to be materially
	2331	+	different from the model compact shall be entitled to the default process set forth in
	2332	+	sub. (10).
	2333	+	b. If any participating state is later found to be in default, or is terminated or
	2334	+	withdraws from the compact, the commission shall remain in existence and the
	2335	+	compact shall remain in effect even if the number of participating states should be
	2336	+	less than seven (7).
	2337	+	2. Participating states enacting the compact subsequent to the charter
	2338	+	participating states shall be subject to the process set forth in sub. (7) (c) 23. to
	2339	+	determine if their enactments are materially different from the model compact and
	2340	+	whether they qualify for participation in the compact.
	2341	+	3. All actions taken for the benefit of the commission or in furtherance of the
	2342	+	purposes of the administration of the compact prior to the effective date of the
	2343	+	compact or the commission coming into existence shall be considered to be actions
	2344	+	of the commission unless specifically repudiated by the commission.
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	2369	+	25 - 47 -2023 - 2024 Legislature
	2370	+	LRB-1697/1
	2371	+	MED:emw
	2372	+	SECTION 50
	2373	+	SENATE BILL 692
	2374	+	4. Any state that joins the compact subsequent to the commission's initial
	2375	+	adoption of the rules and bylaws shall be subject to the commission's rules and
	2376	+	bylaws as they exist on the date on which the compact becomes law in that state. Any
	2377	+	rule that has been previously adopted by the commission shall have the full force and
	2378	+	effect of law on the day the compact becomes law in that state.
	2379	+	(b) Any participating state may withdraw from this compact by enacting a
	2380	+	statute repealing that state's enactment of the compact.
	2381	+	1. A participating state's withdrawal shall not take effect until one hundred
	2382	+	eighty (180) days after enactment of the repealing statute.
	2383	+	2. Withdrawal shall not affect the continuing requirement of the withdrawing
	2384	+	state's licensing authority or authorities to comply with the investigative and
	2385	+	adverse action reporting requirements of this compact prior to the effective date of
1535	2386		withdrawal.
1536		-	(c) Nothing contained in this compact shall be con-
1537		-	strued to invalidate or prevent any licensure agreement or
1538		-	other cooperative arrangement between a participating
1539		-	state and a non−participating state that does not conflict
1540		-	with the provisions of this compact.
1541		-	(d) This compact may be amended by the participat-
1542		-	ing states. No amendment to this compact shall become
1543		-	effective and binding upon any participating state until it
1544		-	is enacted into the laws of all participating states.
1545		-	(12) CONSTRUCTION AND SEVERABILITY. (a) This
1546		-	compact and the commission’s rule−making authority
1547		-	shall be liberally construed so as to effectuate the pur-
1548		-	poses, and the implementation and administration of the
1549		-	compact. Provisions of the compact expressly autho-
1550		-	rizing or requiring the promulgation of rules shall not be
1551		-	construed to limit the commission’s rule−making author-
1552		-	ity solely for those purposes.
1553		-	(b) The provisions of this compact shall be severable
1554		-	and if any phrase, clause, sentence or provision of this
1555		-	compact is held by a court of competent jurisdiction to be
1556		-	contrary to the constitution of any participating state, a
1557		-	state seeking participation in the compact, or of the
1558		-	United States, or the applicability thereof to any govern-
1559		-	ment, agency, person or circumstance is held to be uncon-
1560		-	stitutional by a court of competent jurisdiction, the valid-
1561		-	ity of the remainder of this compact and the applicability
1562		-	thereof to any other government, agency, person or cir-
1563		-	cumstance shall not be affected thereby.
1564		-	(c) Notwithstanding par. (b), the commission may
1565		-	deny a state’s participation in the compact or, in accord-
1566		-	ance with the requirements of sub. (10) (b), terminate a
1567		-	participating state’s participation in the compact, if it
1568		-	determines that a constitutional requirement of a partici-
1569		-	pating state is a material departure from the compact.
1570		-	Otherwise, if this compact shall be held to be contrary to
1571		-	the constitution of any participating state, the compact
1572		-	shall remain in full force and effect as to the remaining
1573		-	participating states and in full force and effect as to the
1574		-	participating state affected as to all severable matters.
1575		-	(13) CONSISTENT EFFECT AND CONFLICT WITH OTHER
1576		-	STATE LAWS. (a) Nothing herein shall prevent or inhibit
1577		-	the enforcement of any other law of a participating state
1578		-	that is not inconsistent with the compact.
1579		-	(b) Any laws, statutes, regulations, or other legal
1580		-	requirements in a participating state in conflict with the
1581		-	compact are superseded to the extent of the conflict.
1582		-	(c) All permissible agreements between the commis-
1583		-	sion and the participating states are binding in accord-
1584		-	ance with their terms.
1585		-	447.51 Implementation of the dentist and dental
1586		-	hygienist compact. (1) In this section, “compact privi-
1587		-	lege” has the meaning given in s. 447.50 (2) (g).
1588		-	(2) The department may impose a fee for an individ-
1589		-	ual to receive a compact privilege as provided in s. 447.50
1590		-	(4) (a) 4.
1591		-	(3) (a) An individual who is exercising the compact
1592		-	privilege in this state shall comply with s. 440.03 (13)
1593		-	(am).
1594		-	(b) Subject to s. 447.50 and any rules promulgated
1595		-	thereunder, ss. 440.20 to 440.22 and the rules promul-
1596		-	gated under s. 440.03 (1) shall apply to an individual who
1597		-	is exercising the compact privilege in this state in the − 16 −2023 Wisconsin Act 2023 Senate Bill 692
1598		-	same manner that they apply to holders of licenses issued
1599		-	under subch. I.
1600		-	SECTION 51. 448.956 (4) of the statutes, as affected
1601		-	by 2021 Wisconsin Act 251, is amended to read:
1602		-	448.956 (4) If a licensee determines that a patient’s
1603		-	medical condition is beyond the scope of practice of the
1604		-	licensee, the licensee shall, in accordance with the proto-
1605		-	col established under sub. (1) (a), refer the patient to a
1606		-	health care practitioner who is licensed under ch. 446 or
1607		-	447 or subch. II, III or IV of ch. 448; or who holds a com-
1608		-	pact privilege under subch. II of ch. 447 or subch. XI of
1609		-	ch. 448 and who can provide appropriate treatment to the
1610		-	patient.
1611		-	SECTION 52. 450.10 (3) (a) 4. of the statutes is
	2387	+	3. Upon the enactment of a statute withdrawing from this compact, the state
	2388	+	shall immediately provide notice of such withdrawal to all licensees within that
	2389	+	state. Notwithstanding any subsequent statutory enactment to the contrary, such
	2390	+	withdrawing state shall continue to recognize all compact privileges to practice
	2391	+	within that state granted pursuant to this compact for a minimum of one hundred
	2392	+	eighty (180) days after the date of such notice of withdrawal.
	2393	+	(c) Nothing contained in this compact shall be construed to invalidate or
	2394	+	prevent any licensure agreement or other cooperative arrangement between a
	2395	+	participating state and a non-participating state that does not conflict with the
	2396	+	provisions of this compact.
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	2420	+	MED:emw
	2421	+	SECTION 50 SENATE BILL 692
	2422	+	(d) This compact may be amended by the participating states. No amendment
	2423	+	to this compact shall become effective and binding upon any participating state until
	2424	+	it is enacted into the laws of all participating states.
	2425	+	(12) CONSTRUCTION AND SEVERABILITY. (a) This compact and the commission's
	2426	+	rule-making authority shall be liberally construed so as to effectuate the purposes,
	2427	+	and the implementation and administration of the compact. Provisions of the
	2428	+	compact expressly authorizing or requiring the promulgation of rules shall not be
	2429	+	construed to limit the commission's rule-making authority solely for those purposes.
	2430	+	(b) The provisions of this compact shall be severable and if any phrase, clause,
	2431	+	sentence or provision of this compact is held by a court of competent jurisdiction to
	2432	+	be contrary to the constitution of any participating state, a state seeking
	2433	+	participation in the compact, or of the United States, or the applicability thereof to
	2434	+	any government, agency, person or circumstance is held to be unconstitutional by a
	2435	+	court of competent jurisdiction, the validity of the remainder of this compact and the
	2436	+	applicability thereof to any other government, agency, person or circumstance shall
	2437	+	not be affected thereby.
	2438	+	(c) Notwithstanding par. (b), the commission may deny a state's participation
	2439	+	in the compact or, in accordance with the requirements of sub. (10) (b), terminate a
	2440	+	participating state's participation in the compact, if it determines that a
	2441	+	constitutional requirement of a participating state is a material departure from the
	2442	+	compact. Otherwise, if this compact shall be held to be contrary to the constitution
	2443	+	of any participating state, the compact shall remain in full force and effect as to the
	2444	+	remaining participating states and in full force and effect as to the participating state
	2445	+	affected as to all severable matters.
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	2470	+	LRB-1697/1
	2471	+	MED:emw
	2472	+	SECTION 50
	2473	+	SENATE BILL 692
	2474	+	(13) CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS. (a) Nothing
	2475	+	herein shall prevent or inhibit the enforcement of any other law of a participating
	2476	+	state that is not inconsistent with the compact.
	2477	+	(b) Any laws, statutes, regulations, or other legal requirements in a
	2478	+	participating state in conflict with the compact are superseded to the extent of the
	2479	+	conflict.
	2480	+	(c) All permissible agreements between the commission and the participating
	2481	+	states are binding in accordance with their terms.
	2482	+	447.51 Implementation of the dentist and dental hygienist compact.
	2483	+	(1) In this section, “compact privilege” has the meaning given in s. 447.50 (2) (g).
	2484	+	(2) The department may impose a fee for an individual to receive a compact
	2485	+	privilege as provided in s. 447.50 (4) (a) 4.
	2486	+	(3) (a) An individual who is exercising the compact privilege in this state shall
	2487	+	comply with s. 440.03 (13) (am).
	2488	+	(b) Subject to s. 447.50 and any rules promulgated thereunder, ss. 440.20 to
	2489	+	440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who
	2490	+	is exercising the compact privilege in this state in the same manner that they apply
	2491	+	to holders of licenses issued under subch. I.
	2492	+	SECTION 51. 448.956 (4) of the statutes, as affected by 2021 Wisconsin Act 251,
	2493	+	is amended to read:
	2494	+	448.956 (4) If a licensee determines that a patient's medical condition is beyond
	2495	+	the scope of practice of the licensee, the licensee shall, in accordance with the protocol
	2496	+	established under sub. (1) (a), refer the patient to a health care practitioner who is
	2497	+	licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448; or who holds a compact
	2498	+	1
	2499	+	2
	2500	+	3
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	2505	+	8
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	2512	+	15
	2513	+	16
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	2521	+	24 - 50 -2023 - 2024 Legislature LRB-1697/1
	2522	+	MED:emw
	2523	+	SECTION 51 SENATE BILL 692
	2524	+	privilege under subch. II of ch. 447 or subch. XI of ch. 448 and who can provide
	2525	+	appropriate treatment to the patient.
	2526	+	SECTION 52. 450.10 (3) (a) 4. of the statutes is amended to read:
	2527	+	450.10 (3) (a) 4. A dentist who is licensed under subch. I of ch. 447 or who holds
	2528	+	a compact privilege under subch. II of ch. 447.
	2529	+	SECTION 53. 451.02 (1) of the statutes, as affected by 2021 Wisconsin Act 251,
	2530	+	is amended to read:
	2531	+	451.02 (1) An individual holding a license, permit or certificate under ch. 441,
	2532	+	446, 447, 448, or 449 or a compact privilege under subch. II of ch. 447 or subch. XI
	2533	+	or XII of ch. 448 who engages in a practice of acupuncture that is also included within
	2534	+	the scope of his or her license, permit, certificate, or privilege.
	2535	+	SECTION 54. 462.02 (2) (d) of the statutes is amended to read:
	2536	+	462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed
	2537	+	under s. 447.04 (2), a person certified as an expanded function dental auxiliary under
	2538	+	s. 447.04 (3), a dentist or dental hygienist who holds a compact privilege under subch.
	2539	+	II of ch. 447, or a person under the direct supervision of a dentist.
	2540	+	SECTION 55. 462.04 of the statutes, as affected by 2021 Wisconsin Act 251, is
1612	2541		amended to read:
1613		-	450.10 (3) (a) 4. A dentist who is licensed under
1614		-	subch. I of ch. 447 or who holds a compact privilege
1615		-	under subch. II of ch. 447.
1616		-	SECTION 53. 451.02 (1) of the statutes, as affected by
1617		-	2021 Wisconsin Act 251, is amended to read:
1618		-	451.02 (1) An individual holding a license, permit or
1619		-	certificate under ch. 441, 446, 447, 448, or 449 or a com-
1620		-	pact privilege under subch. II of ch. 447 or subch. XI or
1621		-	XII of ch. 448 who engages in a practice of acupuncture
1622		-	that is also included within the scope of his or her license,
1623		-	permit, certificate, or privilege.
1624		-	SECTION 54. 462.02 (2) (d) of the statutes is amended
1625		-	to read:
1626		-	462.02 (2) (d) A dentist licensed under s. 447.04 (1),
1627		-	a dental hygienist licensed under s. 447.04 (2), a person
1628		-	certified as an expanded function dental auxiliary under
1629		-	s. 447.04 (3), a dentist or dental hygienist who holds a
1630		-	compact privilege under subch. II of ch. 447, or a person
1631		-	under the direct supervision of a dentist.
1632		-	SECTION 55. 462.04 of the statutes, as affected by
1633		-	2023 Wisconsin Act 81, is amended to read:
1634		-	462.04 Prescription or order required. A person
1635		-	who holds a license or limited X−ray machine operator
1636		-	permit under this chapter may not use diagnostic X−ray
1637		-	equipment on humans for diagnostic purposes unless
1638		-	authorized to do so by prescription or order of a physician
1639		-	licensed under s. 448.04 (1) (a), a naturopathic doctor
1640		-	licensed under s. 466.04 (1), a dentist who is licensed
1641		-	under s. 447.04 (1) or who holds a compact privilege
1642		-	under subch. II of ch. 447, a podiatrist licensed under s.
1643		-	448.63, a chiropractor licensed under s. 446.02, an
1644		-	advanced practice nurse certified under s. 441.16 (2), a
1645		-	physician assistant who is licensed under s. 448.974 or
1646		-	who holds a compact privilege under subch. XIII of ch.
1647		-	448, or, subject to s. 448.56 (7) (a), a physical therapist
1648		-	who is licensed under s. 448.53 or who holds a compact
1649		-	privilege under subch. XI of ch. 448.
1650		-	SECTION 56. 463.10 (5) of the statutes is amended to
1651		-	read:
1652		-	463.10 (5) EXCEPTION. Subsections (2) to (4m) do not
1653		-	apply to a dentist who is licensed under s. 447.03 (1) or
1654		-	to a physician who tattoos or offers to tattoo a person in
1655		-	the course of the dentist’s or physician’s professional
1656		-	practice.
1657		-	SECTION 57. 463.12 (5) of the statutes is amended to
1658		-	read:
1659		-	463.12 (5) EXCEPTION. Subsections (2) to (4m) do not
1660		-	apply to a dentist who is licensed under s. 447.03 (1) or
1661		-	to a physician who pierces the body of or offers to pierce
1662		-	the body of a person in the course of the dentist’s or physi-
1663		-	cian’s professional practice.
1664		-	SECTION 58. 895.48 (1m) (a) (intro.) of the statutes,
1665		-	as affected by 2023 Wisconsin Act 81, is amended to
1666		-	read:
1667		-	895.48 (1m) (a) (intro.) Except as provided in par.
1668		-	(b), any physician, podiatrist, or athletic trainer licensed
1669		-	under ch. 448, physician assistant who is licensed under
1670		-	subch. IX of ch. 448 or who holds a compact privilege
1671		-	under subch. XIII of ch. 448, naturopathic doctor
1672		-	licensed under ch. 466, chiropractor licensed under ch.
1673		-	446, dentist who is licensed under subch. I of ch. 447 or
1674		-	who holds a compact privilege under subch. II of ch. 447,
1675		-	emergency medical services practitioner licensed under
1676		-	s. 256.15, emergency medical responder certified under
1677		-	s. 256.15 (8), registered nurse licensed under ch. 441,
1678		-	massage therapist or bodywork therapist licensed under
1679		-	ch. 460, or naturopathic doctor licensed under ch. 466
1680		-	who renders voluntary health care to a participant in an
1681		-	athletic event or contest sponsored by a nonprofit corpo-
1682		-	ration, as defined in s. 66.0129 (6) (b), a private school,
1683		-	as defined in s. 115.001 (3r), a tribal school, as defined in
1684		-	s. 115.001 (15m), a public agency, as defined in s. 46.856
1685		-	(1) (b), or a school, as defined in s. 609.655 (1) (c), is
1686		-	immune from civil liability for his or her acts or omis-
1687		-	sions in rendering that care if all of the following condi-
1688		-	tions exist:
1689		-	SECTION 59. 990.01 (6m) of the statutes is created to
1690		-	read:
1691		-	990.01 (6m) DENTIST. “Dentist” means a person who
1692		-	is licensed as a dentist under subch. I of ch. 447 or who
1693		-	holds a dentist compact privilege under subch. II of ch.
1694		-	447.
	2542	+	462.04 Prescription or order required. A person who holds a license or
	2543	+	limited X-ray machine operator permit under this chapter may not use diagnostic
	2544	+	X-ray equipment on humans for diagnostic purposes unless authorized to do so by
	2545	+	prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic
	2546	+	doctor licensed under s. 466.04 (1), a dentist who is licensed under s. 447.04 (1) or who
	2547	+	holds a compact privilege under subch. II of ch. 447, a podiatrist licensed under s.
	2548	+	448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified
	2549	+	1
	2550	+	2
	2551	+	3
	2552	+	4
	2553	+	5
	2554	+	6
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	2557	+	9
	2558	+	10
	2559	+	11
	2560	+	12
	2561	+	13
	2562	+	14
	2563	+	15
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	2565	+	17
	2566	+	18
	2567	+	19
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	2573	+	25 - 51 -2023 - 2024 Legislature
	2574	+	LRB-1697/1
	2575	+	MED:emw
	2576	+	SECTION 55
	2577	+	SENATE BILL 692
	2578	+	under s. 441.16 (2), a physician assistant licensed under s. 448.974, or, subject to s.
	2579	+	448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a
	2580	+	compact privilege under subch. XI of ch. 448.
	2581	+	SECTION 56. 463.10 (5) of the statutes is amended to read:
	2582	+	463.10 (5) EXCEPTION. Subsections (2) to (4m) do not apply to a dentist who is
	2583	+	licensed under s. 447.03 (1) or to a physician who tattoos or offers to tattoo a person
	2584	+	in the course of the dentist's or physician's professional practice.
	2585	+	SECTION 57. 463.12 (5) of the statutes is amended to read:
	2586	+	463.12 (5) EXCEPTION. Subsections (2) to (4m) do not apply to a dentist who is
	2587	+	licensed under s. 447.03 (1) or to a physician who pierces the body of or offers to pierce
	2588	+	the body of a person in the course of the dentist's or physician's professional practice.
	2589	+	SECTION 58. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
	2590	+	895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician,
	2591	+	naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
	2592	+	under ch. 448, naturopathic doctor licensed under ch. 466, chiropractor licensed
	2593	+	under ch. 446, dentist who is licensed under subch. I of ch. 447 or who holds a compact
	2594	+	privilege under subch. II of ch. 447, emergency medical services practitioner licensed
	2595	+	under s. 256.15, emergency medical responder certified under s. 256.15 (8),
	2596	+	registered nurse licensed under ch. 441, or a massage therapist or bodywork
	2597	+	therapist licensed under ch. 460 who renders voluntary health care to a participant
	2598	+	in an athletic event or contest sponsored by a nonprofit corporation, as defined in s.
	2599	+	66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as
	2600	+	defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school,
	2601	+	as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or
	2602	+	omissions in rendering that care if all of the following conditions exist:
	2603	+	1
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	2628	+	MED:emw
	2629	+	SECTION 59 SENATE BILL 692
	2630	+	SECTION 59. 990.01 (6m) of the statutes is created to read:
	2631	+	990.01 (6m) DENTIST. “Dentist” means a person who is licensed as a dentist
	2632	+	under subch. I of ch. 447 or who holds a dentist compact privilege under subch. II of
	2633	+	ch. 447.
	2634	+	(END)
	2635	+	1
	2636	+	2
	2637	+	3
	2638	+	4
	2639	+	5