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SB390,4,2118 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
19the department shall, biennially, determine each fee for an initial credential for
20which no examination is required, for a reciprocal credential, and for a credential
21renewal and any fee imposed under s. 448.986 (2) by doing all of the following:
SB390,9 22Section 9 . 440.03 (9) (a) 2. of the statutes is amended to read:
SB390,5,1123 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
24adjusting for the succeeding fiscal biennium each fee for an initial credential for
25which an examination is not required, for a reciprocal credential, and, subject to s.

1440.08 (2) (a), for a credential renewal, and any fee imposed under s. 448.986 (2), if
2an adjustment is necessary to reflect the approximate administrative and
3enforcement costs of the department that are attributable to the regulation of the
4particular occupation or business during the period in which the initial or reciprocal
5credential or, credential renewal , or compact privilege is in effect and, for purposes
6of each fee for a credential renewal, to reflect an estimate of any additional moneys
7available for the department's general program operations as a result of
8appropriation transfers that have been or are estimated to be made under s. 20.165
9(1) (i) during the fiscal biennium in progress at the time of the deadline for an
10adjustment under this subdivision or during the fiscal biennium beginning on the
11July 1 immediately following the deadline for an adjustment under this subdivision.
SB390,10 12Section 10 . 440.03 (11m) (c) 2m. of the statutes is created to read:
SB390,5,1513 440.03 (11m) (c) 2m. The coordinated database and reporting system under s.
14448.985 (8), if such disclosure is required under the physical therapy licensure
15compact under s. 448.985.
SB390,11 16Section 11 . 440.03 (13) (b) (intro.) of the statutes is amended to read:
SB390,5,2317 440.03 (13) (b) (intro.) The department may investigate whether an applicant
18for or holder of any of the following credentials has been charged with or convicted
19of a crime only pursuant to rules promulgated by the department under this
20paragraph, including rules that establish the criteria that the department will use
21to determine whether an investigation under this paragraph is necessary, except as
22provided in par. (c) and ss. 441.51 (5) (a) 5. and , 448.980 (5) (b) 3., and 448.985 (3) (a)
234.
:
SB390,12
1Section 12 . 440.03 (13) (b) (intro.) of the statutes, as affected by 2017
2Wisconsin Act 135
, section 14, and 2019 Wisconsin Act .... (this act), is repealed and
3recreated to read:
SB390,6,94 440.03 (13) (b) (intro.) The department may investigate whether an applicant
5for or holder of any of the following credentials has been charged with or convicted
6of a crime only pursuant to rules promulgated by the department under this
7paragraph, including rules that establish the criteria that the department will use
8to determine whether an investigation under this paragraph is necessary, except as
9provided in par. (c) and ss. 441.51 (5) (a) 5. and 448.985 (3) (a) 4.:
SB390,13 10Section 13 . 440.15 of the statutes is amended to read:
SB390,6,15 11440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
12441.51 (5) (a) 5., and 448.980 (5) (b) 3., and 448.985 (3) (a) 4., the department or a
13credentialing board may not require that an applicant for a credential or a credential
14holder be fingerprinted or submit fingerprints in connection with the department's
15or the credentialing board's credentialing.
SB390,14 16Section 14 . 440.15 of the statutes, as affected by 2017 Wisconsin Act 135,
17section 17, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:
SB390,6,22 18440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
19441.51 (5) (a) 5., and 448.985 (3) (a) 4., the department or a credentialing board may
20not require that an applicant for a credential or a credential holder be fingerprinted
21or submit fingerprints in connection with the department's or the credentialing
22board's credentialing.
SB390,15 23Section 15 . 446.01 (1v) (d) of the statutes is amended to read:
SB390,7,3
1446.01 (1v) (d) Physical therapy examining board under subch. III of ch. 448.
2“Health care professional” also includes an individual who holds a compact privilege
3under subch. IX of ch. 448.
SB390,16 4Section 16 . 448.50 (1n) and (1o) of the statutes are created to read:
SB390,7,65 448.50 (1n) “Compact” means the physical therapy licensure compact under
6s. 448.985.
SB390,7,8 7(1o) “Compact privilege” means a compact privilege, as defined in s. 448.985
8(2) (d), that is granted under the compact to an individual to practice in this state.
SB390,17 9Section 17 . 448.50 (3) and (3m) of the statutes are amended to read:
SB390,7,1210 448.50 (3) “Physical therapist" means an individual who has been graduated
11from a school of physical therapy and holds a license to practice physical therapy
12granted by the examining board or who holds a physical therapist compact privilege.
SB390,7,15 13(3m) “Physical therapist assistant" means an individual who holds a license
14as a physical therapist assistant granted by the examining board or who holds a
15physical therapist assistant compact privilege
.
SB390,18 16Section 18 . 448.51 of the statutes is amended to read:
SB390,7,19 17448.51 License required. (1) Except as provided in s. 448.52, no person may
18practice physical therapy unless the person is licensed as a physical therapist under
19this subchapter or holds a valid physical therapist compact privilege.
SB390,8,3 20(1e) No person may designate himself or herself as a physical therapist or use
21or assume the title “physical therapist," “physiotherapist," “ physical therapy
22technician," “licensed physical therapist," “registered physical therapist," “master of
23physical therapy," “master of science in physical therapy," or “doctorate in physical
24therapy," or append to the person's name the letters “P.T.," “P.T.T.," “L.P.T.," ”R.P.T.,"
25“M.P.T.," “M.S.P.T.," or “D.P.T.," or any other title, letters, or designation that

1represents or may tend to represent the person as a physical therapist, unless the
2person is licensed as a physical therapist under this subchapter or holds a valid
3physical therapist compact privilege
.
SB390,8,9 4(1s) No person may designate himself or herself as a physical therapist
5assistant, use or assume the title “physical therapist assistant," or append to the
6person's name the letters “P.T.A." or any other title, letters, or designation that
7represents or may tend to represent the person as a physical therapist assistant
8unless the person is licensed as a physical therapist assistant under this subchapter
9or holds a valid physical therapist assistant compact privilege.
SB390,8,13 10(2) Except as provided in s. 448.52 (2m), no person may claim to render physical
11therapy or physiotherapy services unless the person is licensed as a physical
12therapist under this subchapter or holds a valid physical therapist compact
13privilege
.
SB390,19 14Section 19 . 448.56 (2) of the statutes is amended to read:
SB390,8,2115 448.56 (2) Fee splitting. No licensee or compact privilege holder may give or
16receive, directly or indirectly, to or from any other person any fee, commission,
17rebate, or other form of compensation or anything of value for sending, referring, or
18otherwise inducing a person to communicate with a licensee or compact privilege
19holder
in a professional capacity, or for any professional services not actually
20rendered personally by the licensee or compact privilege holder or at the licensee's
21or compact privilege holder's direction.
SB390,20 22Section 20 . 448.565 of the statutes is amended to read:
SB390,8,25 23448.565 Complaints. The examining board shall promulgate rules
24establishing procedures and requirements for filing complaints against licensees
25and compact holders and shall publicize the procedures and requirements.
SB390,21
1Section 21. 448.57 (2) (intro.), (c), (d) and (e), (4) and (5) of the statutes are
2amended to read:
SB390,9,73 448.57 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the
4examining board may reprimand a licensee or compact privilege holder or may deny,
5limit, suspend, or revoke a license granted under this subchapter or a compact
6privilege
if it finds that the applicant or , licensee, or compact privilege holder has
7done any of the following:
SB390,9,88 (c) Advertised in a manner that is false, deceptive, or misleading.
SB390,9,99 (d) Advertised, practiced, or attempted to practice under another's name.
SB390,9,1210 (e) Subject to ss. 111.321, 111.322, and 111.34, practiced or assisted in the
11practice of physical therapy while the applicant's or , licensee's, or compact privilege
12holder's
ability to practice or assist was impaired by alcohol or other drugs.
SB390,9,15 13(4) The examining board shall prepare and disseminate to the public an annual
14report that describes final disciplinary action taken against licensees and compact
15privilege holders
during the preceding year.
SB390,9,18 16(5) The examining board may report final disciplinary action taken against a
17licensee or compact privilege holder to any national database that includes
18information about disciplinary action taken against health care professionals.
SB390,22 19Section 22 . 448.956 (1m) and (4) of the statutes are amended to read:
SB390,9,2420 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training
21to an individual without a referral, except that a licensee may not provide athletic
22training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
23setting unless the licensee has obtained a written referral for the individual from a
24practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;

1under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
2privilege under subch. IX of ch. 448
.
SB390,10,8 3(4) If a licensee or the consulting physician of the licensee determines that a
4patient's medical condition is beyond the scope of practice of the licensee, the licensee
5shall, in accordance with the protocol established under sub. (1) (a), refer the patient
6to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or
7IV of ch. 448; or who holds a compact privilege under subch. IX of ch. 448 and who
8can provide appropriate treatment to the patient.
SB390,23 9Section 23 . Subchapter IX of chapter 448 [precedes 448.985] of the statutes
10is created to read:
SB390,10,1111 CHAPTER 448
SB390,10,1412 SUBCHAPTER IX
13 Physical therapy
14 licensure compact
SB390,10,21 15448.985 Physical therapy licensure compact. (1) Purpose. (a) The
16purpose of this compact is to facilitate interstate practice of physical therapy with
17the goal of improving public access to physical therapy services. The practice of
18physical therapy occurs in the state where the patient/client is located at the time
19of the patient/client encounter. The compact preserves the regulatory authority of
20states to protect public health and safety through the current system of state
21licensure.
SB390,10,2222 (b) This compact is designed to achieve all of the following objectives:
SB390,10,2423 1. Increase public access to physical therapy services by providing for the
24mutual recognition of other member state licenses.
SB390,10,2525 2. Enhance the states' ability to protect the public's health and safety.
SB390,11,2
13. Encourage the cooperation of member states in regulating multistate
2physical therapy practice.
SB390,11,33 4. Support spouses of relocating military members.
SB390,11,54 5. Enhance the exchange of licensure, investigative, and disciplinary
5information between member states.
SB390,11,76 6. Allow a remote state to hold a provider of services with a compact privilege
7in that state accountable to that state's practice standards.
SB390,11,9 8(2) Definitions. As used in this compact, and except as otherwise provided, the
9following definitions shall apply:
SB390,11,1210 (a) “Active duty military” means full-time duty status in the active uniformed
11service of the United States, including members of the National Guard and Reserve
12on active duty orders pursuant to 10 USC 1209 and 1211.
SB390,11,1513 (b) “Adverse action” means disciplinary action taken by a physical therapy
14licensing board based upon misconduct, unacceptable performance, or a combination
15of both.
SB390,11,1816 (c) “Alternative program” means a nondisciplinary monitoring or practice
17remediation process approved by a physical therapy licensing board. This includes,
18but is not limited to, substance abuse issues.
SB390,11,2319 (d) “Compact privilege” means the authorization granted by a remote state to
20allow a licensee from another member state to practice as a physical therapist or
21work as a physical therapist assistant in the remote state under its laws and rules.
22The practice of physical therapy occurs in the member state where the patient/client
23is located at the time of the patient/client encounter.
SB390,12,3
1(e) “Continuing competence” means a requirement, as a condition of license
2renewal, to provide evidence of participation in, and/or completion of, educational
3and professional activities relevant to practice or area of work.
SB390,12,54 (f) “Data system” means a repository of information about licensees, including
5examination, licensure, investigative, compact privilege, and adverse action.
SB390,12,76 (g) “Encumbered license” means a license that a physical therapy licensing
7board has limited in any way.
SB390,12,98 (h) “Executive board” means a group of directors elected or appointed to act on
9behalf of, and within the powers granted to them by, the commission.
SB390,12,1110 (i) “Home state” means the member state that is the licensee's primary state
11of residence.
SB390,12,1412 (j) “Investigative information” means information, records, and documents
13received or generated by a physical therapy licensing board pursuant to an
14investigation.
SB390,12,1615 (k) “Jurisprudence requirement” means the assessment of an individual's
16knowledge of the laws and rules governing the practice of physical therapy in a state.
SB390,12,1917 (L) “Licensee” means an individual who currently holds an authorization from
18the state to practice as a physical therapist or to work as a physical therapist
19assistant.
SB390,12,2020 (m) “Member state” means a state that has enacted the compact.
SB390,12,2221 (n) “Party state” means any member state in which a licensee holds a current
22license or compact privilege or is applying for a license or compact privilege.
SB390,12,2423 (o) “Physical therapist” means an individual who is licensed by a state to
24practice physical therapy.
SB390,13,3
1(p) “Physical therapist assistant” means an individual who is licensed/certified
2by a state and who assists the physical therapist in selected components of physical
3therapy.
SB390,13,64 (q) “Physical therapy,” “physical therapy practice,” and “the practice of physical
5therapy” mean the care and services provided by or under the direction and
6supervision of a licensed physical therapist.
SB390,13,97 (r) “Physical therapy compact commission” or “commission” means the national
8administrative body whose membership consists of all states that have enacted the
9compact.
SB390,13,1210 (s) “Physical therapy licensing board” or “licensing board” means the agency
11of a state that is responsible for the licensing and regulation of physical therapists
12and physical therapist assistants.
SB390,13,1413 (t) “Remote state” means a member state other than the home state, where a
14licensee is exercising or seeking to exercise the compact privilege.
SB390,13,1615 (u) “Rule” means a regulation, principle, or directive promulgated by the
16commission that has the force of law.
SB390,13,1817 (v) “State” means any state, commonwealth, district, or territory of the United
18States of America that regulates the practice of physical therapy.
SB390,13,20 19(3) State participation in the compact. (a) To participate in the compact, a
20state must do all of the following:
SB390,13,2221 1. Participate fully in the commission's data system, including using the
22commission's unique identifier as defined in rules.
SB390,13,2423 2. Have a mechanism in place for receiving and investigating complaints about
24licensees.
SB390,14,3
13. Notify the commission, in compliance with the terms of the compact and
2rules, of any adverse action or the availability of investigative information regarding
3a licensee.
SB390,14,74 4. Fully implement a criminal background check requirement, within a time
5frame established by rule, by receiving the results of the federal bureau of
6investigation record search on criminal background checks and use the results in
7making licensure decisions in accordance with par. (b).
SB390,14,88 5. Comply with the rules of the commission.
SB390,14,109 6. Utilize a recognized national examination as a requirement for licensure
10pursuant to the rules of the commission.
SB390,14,1211 7. Have continuing competence requirements as a condition for license
12renewal.
SB390,14,1613 (b) Upon adoption of this statute, the member state shall have the authority
14to obtain biometric-based information from each physical therapy licensure
15applicant and submit this information to the federal bureau of investigation for a
16criminal background check in accordance with 28 USC 534 and 42 USC 14616.
SB390,14,1917 (c) A member state shall grant the compact privilege to a licensee holding a
18valid unencumbered license in another member state in accordance with the terms
19of the compact and rules.
SB390,14,2020 (d) Member states may charge a fee for granting a compact privilege.
SB390,14,22 21(4) Compact privilege. (a) To exercise the compact privilege under the terms
22and provisions of the compact, the licensee shall satisfy all of the following:
SB390,14,2323 1. Hold a license in the home state.
SB390,14,2424 2. Have no encumbrance on any state license.
SB390,15,2
13. Be eligible for a compact privilege in any member state in accordance with
2pars. (d), (g), and (h).
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