AB1038: Bill Text

AB1038,63,14 1. “Department” means the department of public instruction.

AB1038,63,16 2. “Public health emergency” means the period during the 2019-20 school year when schools are closed by the department of health services under s. 252.02 (3).

AB1038,63,19 3. “Virtual instruction” means instruction provided through means of the Internet if the pupils participating in and instructional staff providing the instruction are geographically remote from each other.

AB1038,63,21 (b) School board reports. By November 1, 2020, each school board shall report to the department all of the following:

AB1038,63,24 1. Whether or not virtual instruction was implemented in the school district during the public health emergency and, if implemented, in which grades it was implemented.

AB1038,64,2 2. If virtual instruction was implemented in the school district during the public health emergency, the process for implementing the virtual instruction.

AB1038,64,5 3. For each grade level, the average percentage of the 2019-20 school year curriculum provided to pupils, including curriculum provided in-person and virtually.

AB1038,64,8 4. Whether anything was provided to pupils during the 2020 summer to help pupils learn content that pupils missed because of the public health emergency and, if so, what was provided to pupils.

AB1038,64,10 5. Recommendations for best practices for transitioning to and providing virtual instruction when schools are closed.

AB1038,64,12 6. Any challenges or barriers the school board faced related to implementing virtual instruction during the public health emergency.

AB1038,64,14 7. By position type, the number of staff members who were laid off during the public health emergency.

AB1038,64,16 8. The number of lunches the school board provided during the public health emergency.

AB1038,64,18 9. The total amount by which the school board reduced expenditures during, or because of, the public health emergency in each of the following categories:

AB1038,64,19 a. Utilities.

AB1038,64,20 b. Transportation.

AB1038,64,21 c. Food service.

AB1038,64,23 d. Personnel. This category includes expenditure reductions that result from layoffs.

AB1038,64,24 e. Contract terminations.

AB1038,65,3 (c) Report to the legislature. By January 1, 2021, the department shall compile and submit the information it received under par. (b ) to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3).

AB1038,65,6 (d) DPI guidance on returning to in-person instruction. By June 30, 2020, the department shall post on its Internet site guidance to schools on best practices related to transitioning from virtual instruction to in-person instruction.

AB1038,65,8 (4) Temporary credentials for former health care providers during emergency.

AB1038,65,9 (a) Definitions. In this subsection:

AB1038,65,10 1. “Credential” means a license or certificate.

AB1038,65,11 2. “Department” means the department of safety and professional services.

AB1038,65,14 3. “Health care provider” means an individual who was at any time within the previous 5 years, but is not currently, any of the following, if the individual's credential was never revoked, limited, suspended, or denied renewal:

AB1038,65,16 a. Licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441.

AB1038,65,17 b. Licensed as a dentist under ch. 447.

AB1038,65,19 c. Licensed as a physician, physician assistant, or perfusionist under ch. 448 or certified as a respiratory care practitioner under ch. 448.

AB1038,65,20 d. Licensed as a pharmacist under ch. 450.

AB1038,65,21 e. Licensed as a psychologist under ch. 455.

AB1038,65,24 f. A clinical social worker, marriage and family therapist, or professional counselor licensed under ch. 457 or an independent social worker or social worker certified under ch. 457.

AB1038,65,25 g. A clinical substance abuse counselor certified under s. 440.88.

AB1038,66,3 h. Any practitioner holding a credential to practice a profession that is identified by the department of health services during the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,66,4 (b) Temporary emergency credentials.

AB1038,66,6 1. The department may grant a temporary credential to a health care provider if all of the following apply:

AB1038,66,7 a. The health care provider submits an application to the department.

AB1038,66,11 b. The department determines that the health care provider satisfies the eligibility requirements for the credential and is fit to practice after conducting an investigation of the health care provider's arrest or conviction record and record of professional discipline.

AB1038,66,14 2. If the department denies a health care provider's application for a temporary credential under this paragraph, the department shall notify the health care provider of the reason for denial.

AB1038,66,18 3. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), and 450.03 (1), a health care provider granted a temporary credential under this paragraph may provide services for which the health care provider has been licensed or certified.

AB1038,66,22 4. A health care provider who provides services authorized by a temporary credential granted under this paragraph shall maintain malpractice insurance that satisfies the requirements of the profession for which the health care provider has been licensed or certified.

AB1038,66,25 5. A temporary credential granted under this paragraph expires 90 days after the conclusion of the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,67,9 (5) Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee provisions in chs. 440 to 480, during the period covered by the public health emergency declared on March 12, 2020, by executive order 72, the department of safety and professional services may waive fees for applications for an initial credential and renewal of a credential for registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, physician assistants, perfusionists, respiratory care practitioners, pharmacists, psychologists, clinical social workers, independent social workers, social workers, marriage and family therapists, professional counselors, and clinical substance abuse counselors.

AB1038,67,11 (6) Temporary credentials for health care providers from other states during emergency.

AB1038,67,12 (a) Definitions. In this subsection:

AB1038,67,13 1. “Credential” means a license or certificate.

AB1038,67,14 2. “Department” means the department of safety and professional services.

AB1038,67,18 3. “Health care provider” means an individual who holds a valid, unexpired license, certificate, or registration granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:

AB1038,67,20 a. A registered nurse, licensed practical nurse, or nurse-midwife licensed under ch. 441.

AB1038,67,21 b. A dentist licensed under ch. 447.

AB1038,67,23 c. A physician, physician assistant, or perfusionist licensed under ch. 448 or a respiratory care practitioner certified under ch. 448.

AB1038,67,24 d. A pharmacist licensed under ch. 450.

AB1038,67,25 e. A psychologist licensed under ch. 455.

AB1038,68,3 f. A clinical social worker, marriage and family therapist, or professional counselor licensed under ch. 457 or an independent social worker or social worker certified under ch. 457.

AB1038,68,4 g. A clinical substance abuse counselor certified under s. 440.88.

AB1038,68,7 h. Any practitioner holding a credential to practice a profession that is identified by the department of health services during the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,68,8 (b) Temporary emergency credentials.

AB1038,68,10 1. The department may grant a temporary credential to a health care provider if all of the following apply:

AB1038,68,11 a. The health care provider submits an application to the department.

AB1038,68,15 b. The department determines that the health care provider satisfies the eligibility requirements for the credential and is fit to practice after conducting an investigation of the health care provider's arrest or conviction record and record of professional discipline.

AB1038,68,18 2. The department may determine the appropriate scope of the review under subd. 1. b. of the background of a health care provider who applies for a temporary credential under this paragraph.

AB1038,68,21 3. If the department denies a health care provider's application for a temporary credential under this paragraph, the department shall notify the health care provider of the reason for the denial.

AB1038,68,25 4. Notwithstanding ss. 441.06 (4), 441.15 (2), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), and 450.03 (1), a health care provider granted a temporary credential under this paragraph may provide services for which the health care provider is licensed or certified.

AB1038,69,4 5. A health care provider who provides services authorized by a temporary credential granted under this paragraph shall maintain malpractice insurance that satisfies the requirements of the profession for which the health care provider is licensed or certified.

AB1038,69,7 6. A temporary credential granted under this paragraph expires 90 days after the conclusion of the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,69,16 (7) Authority to waive fees. Notwithstanding s. 440.05 and the applicable fee provisions in chs. 440 to 480, during the period covered by the public health emergency declared on March 12, 2020, by executive order 72, the department may waive fees for applications for an initial credential and renewal of a credential for registered nurses, licensed practical nurses, nurse-midwives, dentists, physicians, physician assistants, perfusionists, respiratory care practitioners, pharmacists, psychologists, clinical social workers, independent social workers, social workers, marriage and family therapists, professional counselors, and clinical substance abuse counselors.

AB1038,69,17 (8) Position transfers.

AB1038,69,18 (a) In this subsection:

AB1038,69,20 1. “Emergency period” means the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,69,22 2. “State agency” means any office, commission, board, department, or independent agency in the executive branch of state government.

AB1038,70,4 (b) During the emergency period, the secretary of administration may transfer any employee from one state agency to another state agency to provide services for the receiving state agency. The receiving state agency shall pay all salary and fringe benefit costs of the employee during the time he or she is providing services for the receiving state agency. Any action by the secretary under this paragraph shall remain in effect until rescinded by the secretary or 90 days after the public health emergency is terminated, whichever is earliest.

AB1038,70,9 (c) If an employee is transferred under par. (b), the receiving agency may not increase the employee's salary at the time of transfer or during the time he or she is providing services for the receiving agency and the transferring agency may not increase the employee's salary at the time the employee returns to the transferring agency.

AB1038,70,15 (d) The secretary of administration shall submit a report to the joint committee on finance no later than June 1, 2020, and on the first day of each subsequent month during the emergency period, that provides information on all employee transfers under par. (b). The report shall specify the number of employees transferred, the title of each employee transferred, the title the employee assumed at the receiving agency, and the reasons for each employee transfer.

AB1038,70,16 (9) Loans to municipal utilities.

AB1038,70,17 (a) Definitions. In this subsection:

AB1038,70,18 1. “Board” means the board of commissioners of public lands.

AB1038,70,20 2. “COVID-19 public health emergency” means the public health emergency declared on March 12, 2020, by executive order 72.

AB1038,70,22 3. “Emergency period” means the period covered by the COVID-19 public health emergency, plus 60 days.

AB1038,70,23 4. “Municipal utility” has the meaning given in s. 196.377 (2) (a) 3.

AB1038,70,24 (b) Loans.

AB1038,71,4 1. The board may loan moneys under its control or belonging to the trust funds to a municipal utility to ensure that the municipal utility is able to maintain liquidity during the emergency period. The loan shall be for the sum of money, for the time, and upon the conditions as may be agreed upon between the board and the borrower.

AB1038,71,6 2. The legislature finds and determines that the loans authorized under this subsection serve a public purpose.

AB1038,71,7 (10) Legislative oversight of the Medical Assistance program.

AB1038,71,14 (a) Section 20.940 does not apply to a request for a waiver, amendment to a waiver, or other federal approval from the department of health services submitted to the federal department of health and human services during the public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services on January 31, 2020, in response to the 2019 novel coronavirus, only if the request is any of the following, relating to the Medical Assistance program:

AB1038,71,16 1. Allowing providers to receive payments for services provided in alternative settings to recipients affected by 2019 novel coronavirus.

AB1038,71,18 2. Waiving preadmission screening and annual resident review requirements when recipients are transferred.

AB1038,71,21 3. Allowing hospitals who hold a state license but have not yet received accreditation from the Joint Commission to bill the Medical Assistance program during the 2019 novel coronavirus public health emergency.

AB1038,71,24 4. Waiving payment of the application fee to temporarily enroll a provider for 90 days or until the termination of the 2019 novel coronavirus public health emergency, whichever is longer.

AB1038,72,4 5. Waiving pre-enrollment criminal background checks for providers that are enrolled in the Medicare program to temporarily enroll the provider in the Medical Assistance program for 90 days or until the termination of the 2019 novel coronavirus public health emergency, whichever is longer.

AB1038,72,7 6. Waiving site visit requirements to temporarily enroll a provider for 90 days or until the termination of 2019 novel coronavirus public health emergency, whichever is longer.