Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB823 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 823
5	5	December 19, 2023 - Introduced by Senators STAFSHOLT and TOMCZYK, cosponsored
6	6	by Representatives GUSTAFSON, BEHNKE, BODDEN, GREEN, GUNDRUM,
7	7	MAGNAFICI and MURPHY. Referred to Committee on Health.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 440.18 of the statutes; relating to: registration of out-of-state
10	10	health care providers to provide telehealth services and granting rule-making
11	11	authority.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill allows an individual who possesses a credential as a health care
14	14	provider in another state to provide health care services by telehealth in this state
15	15	within the scope of practice established under the laws and rules of this state by
16	16	registering with the Department of Safety and Professional Services or an applicable
17	17	credentialing board. In general, under current law, no person may provide health
18	18	care services in this state for which a credential is required unless the person
19	19	possesses a credential issued in this state issued by DSPS or a credentialing board.
20	20	This bill requires DSPS and any applicable credentialing board to register an
21	21	out-of-state health care provider who does not possess a credential in this state as
22	22	a telehealth provider who may provide health care services in this state by telehealth
23	23	if the health care provider meets certain criteria, including 1) that the health care
24	24	provider possesses a credential issued by a governmental authority in another state,
25	25	the District of Columbia, or a possession or territory of the United States that is
26	26	active and unencumbered and that entitles the health care provider to perform
27	27	health care services that are substantially similar to health care services that may
28	28	be performed by a health care provider who possesses a credential issued in this
29	29	state; 2) that the health care provider has not been subject to any disciplinary action
30	30	relating to his or her credential during the five-year period immediately preceding
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33	33	3 - 2 -2023 - 2024 Legislature LRB-4980/1
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35	35	SENATE BILL 823
36	36	submission of the health care provider's application for registration in this state that
37	37	has resulted in his or her credential being limited, suspended, or revoked; and 3) that
38	38	the health care provider designates an agent upon whom service of process may be
39	39	made in this state. A health care provider registered to provide telehealth services
40	40	under the bill may not open an office in this state and may not provide in-person
41	41	health care services to patients located in this state unless the health care provider
42	42	obtains a credential in this state. The bill requires individuals registered to provide
43	43	telehealth services in this state to maintain and have in effect malpractice liability
44	44	insurance coverage that covers services provided to patients in this state if the health
45	45	care services that the individual may provide are substantially similar to services
46	46	provided by a health care provider in this state who is required under law to maintain
47	47	and have in effect malpractice liability insurance.
48	48	The bill requires individuals registered under the bill to provide telehealth
49	49	services in this state to notify DSPS or the applicable credentialing board of any
50	50	restrictions placed on his or her credential in any state or jurisdiction and of any
51	51	disciplinary action taken or pending against him or her in any state or jurisdiction
52	52	within 5 business days after the restriction is placed or disciplinary action is initiated
53	53	or taken. The bill allows DSPS and applicable credentialing boards to take
54	54	disciplinary action against a health care provider registered to provide telehealth
55	55	services under the bill if the registrant fails to notify DSPS or the applicable
56	56	credentialing board of any adverse actions taken against his or her credential, if the
57	57	registrant has restrictions placed on his or her credential, if disciplinary action has
58	58	been commenced against the registrant in any state or jurisdiction, if the registrant
59	59	violates any provision under the bill, or if the registrant commits any act that
60	60	constitutes grounds for disciplinary action applicable to the registrant's health care
61	61	practice in this state.
62	62	Finally, the bill requires DSPS to publish on its website a list of all health care
63	63	providers registered to provide telehealth services under the bill and include, to the
64	64	extent applicable, certain information including the registrant's name, the
65	65	registrant's health care occupation, a brief explanation of the registrant's training
66	66	and education, including completion dates and any certificates or degrees obtained,
67	67	the registrant's out-of-state health care license, permit, certificate, or other
68	68	approval, including any identification number associated with the registrant's
69	69	license, permit, certificate, or other approval, the registrant's specialty, a 5-year
70	70	disciplinary history of the registrant, the registrant's medical malpractice insurance
71	71	provider and any policy limits under the registrant's medical malpractice insurance
72	72	coverage, and the name and address of the registrant's agent designated for service
73	73	of process in this state.
74	74	For further information see the state fiscal estimate, which will be printed as
75	75	an appendix to this bill.
76	76	The people of the state of Wisconsin, represented in senate and assembly, do
77	77	enact as follows: - 3 -2023 - 2024 Legislature
78	78	LRB-4980/1
79	79	JPC:amn
80	80	SECTION 1
81	81	SENATE BILL 823
82	82	SECTION 1. 440.18 of the statutes is created to read:
83	83	440.18 Registration of out-of-state telehealth providers. (1) An
84	84	individual who possesses a license, permit, registration, or other approval as a health
85	85	care provider in another state may provide health care services by telehealth to
86	86	patients located in this state if the health care provider registers with the
87	87	department or any credentialing board, as applicable to the health care provider's
88	88	practice, and provides health care services within the scope of practice established
89	89	under the laws and rules of this state that apply to the health care provider's practice.
90	90	(2) The department or any credentialing board, as applicable, shall register a
91	91	health care provider who does not possess a credential in this state as a telehealth
92	92	provider under this section if the health care provider satisfies all of the following:
93	93	(a) The health care provider submits an application on a form prescribed by the
94	94	department and pays the applicable fee under s. 440.05 (2).
95	95	(b) The health care provider possesses a license, permit, certificate, or other
96	96	approval issued by a governmental authority in another state, the District of
97	97	Columbia, or a possession or territory of the United States that is active and
98	98	unencumbered and that entitles the health care provider to perform health care
99	99	services that are substantially similar to health care services that may be performed
100	100	by a health care provider who possesses a credential issued by the department or a
101	101	credentialing board in this state.
102	102	(c) The health care provider has not been subject to any disciplinary action
103	103	relating to his or her license, permit, certificate, or other approval during the 5-year
104	104	period immediately preceding submission of the health care provider's application
105	105	under par. (a) that has resulted in his or her license, permit, certificate, or other
106	106	approval being limited, suspended, or revoked.
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133	133	SECTION 1 SENATE BILL 823
134	134	(d) The health care provider designates an agent upon whom service of process
135	135	may be made in this state on a form prescribed by the department.
136	136	(e) The health care provider demonstrates to the department or any
137	137	credentialing board, as applicable, that the health care provider is in compliance
138	138	with sub. (5).
139	139	(3) A health care provider registered to provide telehealth services in this state
140	140	under sub. (2) shall be issued a unique telehealth provider identification number.
141	141	(4) A health care provider registered to provide telehealth services under this
142	142	section shall notify the department or credentialing board, as applicable, of
143	143	restrictions placed on his or her license, permit, certificate, or other approval in any
144	144	state or jurisdiction and of any disciplinary action taken or pending against him or
145	145	her in any state or jurisdiction. Notification under this subsection shall be provided
146	146	within 5 business days after the restriction is placed or disciplinary action is initiated
147	147	or taken.
148	148	(5) If a health care provider registered under this section possesses a license,
149	149	permit, certificate, or other approval issued by a governmental authority in another
150	150	state, the District of Columbia, or a possession or territory of the United States that
151	151	entitles the health care provider to perform health care services that are
152	152	substantially similar to health care services that may be performed by a health care
153	153	provider who possesses a credential issued by the department or a credentialing
154	154	board in this state and who is required under law to maintain and have in effect
155	155	malpractice liability insurance, the health care provider registered under this
156	156	section shall maintain and have in effect malpractice liability insurance coverage
157	157	that covers services provided to patients in this state evidenced by one of the
158	158	following:
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184	184	LRB-4980/1
185	185	JPC:amn
186	186	SECTION 1
187	187	SENATE BILL 823
188	188	(a) Personal liability coverage in the amounts specified under s. 655.23 (4).
189	189	(b) Coverage under a group liability policy providing individual coverage for the
190	190	health care provider in the amounts specified under s. 655.23 (4).
191	191	(6) A health care provider registered to provide telehealth services under this
192	192	section may not open an office in this state and may not provide in-person health care
193	193	services to patients located in this state unless the health care provider obtains a
194	194	credential in this state and provides in-person health care services only within the
195	195	scope of that credential.
196	196	(7) The department shall publish on its website a list of all health care
197	197	providers registered to provide telehealth services under this section and include, to
198	198	the extent applicable, all of the following:
199	199	(a) The registrant's name.
200	200	(b) The registrant's health care occupation.
201	201	(c) A brief explanation of the registrant's training and education, including
202	202	completion dates and any certificates or degrees obtained.
203	203	(d) The registrant's out-of-state health care license, permit, certificate, or
204	204	other approval, including any identification number associated with the registrant's
205	205	license, permit, certificate, or other approval.
206	206	(e) The registrant's telehealth provider identification number issued under
207	207	sub. (3).
208	208	(f) The registrant's specialty.
209	209	(g) Whether the registrant is board certified and by which board the registrant
210	210	is board certified.
211	211	(h) A 5-year disciplinary history of the registrant.
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237	237	SECTION 1 SENATE BILL 823
238	238	(i) The registrant's medical malpractice insurance provider and any policy
239	239	limits under the registrant's medical malpractice insurance coverage.
240	240	(j) The name and address of the registrant's agent designated for service of
241	241	process in this state under sub. (2) (d).
242	242	(8) (a) The department or the applicable credentialing board may take
243	243	disciplinary action against a health care provider registered to provide telehealth
244	244	services under this section if any of the following applies to the registrant:
245	245	1. The registrant fails to notify the department or the applicable credentialing
246	246	board of any adverse actions taken against his or her license, permit, certificate, or
247	247	other approval as required under sub. (4).
248	248	2. The registrant has restrictions placed on his or her license, permit,
249	249	certificate, or other approval or disciplinary action has been commenced against the
250	250	registrant in any state or jurisdiction.
251	251	3. The registrant violates any of the requirements under this section.
252	252	4. The registrant commits any act that constitutes grounds for disciplinary
253	253	action applicable to the registrant's health care practice in this state.
254	254	(b) Disciplinary action taken by the department or the applicable credentialing
255	255	board against a health care provider registered to provide telehealth services under
256	256	this section may include suspension or revocation of the registrant's registration
257	257	under this section. A suspension of the registration of a health care provider
258	258	registered to provide telehealth services under this section may be accompanied by
259	259	a corrective action plan as determined by the department or the applicable
260	260	credentialing board, the completion of which may lead to the suspended registration
261	261	being reinstated.
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288	288	SECTION 1
289	289	SENATE BILL 823
290	290	(9) This section does not apply to a health care provider who provides services
291	291	through telehealth as provided in s. 440.094 (3).
292	292	(10) (a) Registration to provide telehealth services in this state under this
293	293	section expires on the renewal date specified in s. 440.08 (2) (a) that is applicable to
294	294	the health care provider's practice. The department or credentialing board, as
295	295	appropriate, shall inform a health care provider registered under this section of the
296	296	applicable renewal date upon registration.
297	297	(b) The department or credentialing board, as appropriate, shall renew a
298	298	registration under this section for an applicant who satisfies the requirements for
299	299	registration under sub. (2).
300	300	(11) The department may promulgate rules necessary to administer this
301	301	section. Any credentialing board that regulates health care providers and to which
302	302	this section applies may promulgate rules necessary to administer this section.
303	303	SECTION 2.0Effective date.
304	304	(1) This act takes effect on the first day of the 7th month beginning after
305	305	publication.
306	306	(END)
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