5. Various provisions regarding resolutions of disputes between the
commission and member states and between member and nonmember states,
including a process for termination of a state's membership in the compact if the state
defaults on its obligations under the compact.
Having already been enacted by more than ten states, the compact becomes
effective in this state upon enactment of the bill. The compact provides that it may
be amended upon enactment of an amendment by all member states. A state may
withdraw from the compact by repealing the statute authorizing the compact, but the
compact provides that a withdrawal does not take effect until six months after the
effective date of that repeal.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB438,1
1Section 1
. 14.88 of the statutes is created to read:
AB438,3,6
214.88 Physical therapy licensure compact. There is created a physical
3therapy compact commission as specified in s. 448.985. The administrator of the
4commission representing this state shall be an individual described in s. 448.985 (7)
5(b) 2. The commission has the powers and duties granted and imposed under s.
6448.985.
AB438,2
7Section 2
. 49.45 (9r) (a) 7. b. of the statutes is amended to read:
AB438,3,98
49.45
(9r) (a) 7. b. A physical therapist
who is licensed under subch. III of ch.
9448
or who holds a compact privilege under subch. IX of ch. 448.
AB438,3
10Section 3
. 146.81 (1) (dg) of the statutes is amended to read:
AB438,3,1311
146.81
(1) (dg) A physical therapist or physical therapist assistant
who is 12licensed under subch. III of ch. 448
or who holds a compact privilege under subch.
13IX of ch. 448.
AB438,4
14Section 4
. 146.997 (1) (d) 4. of the statutes is amended to read:
AB438,3,1715
146.997
(1) (d) 4. A physician, podiatrist,
or perfusionist, physical therapist,
16or physical therapist assistant licensed under ch. 448
or a physical therapist or
17physical therapist assistant who holds a compact privilege under subch. IX of ch. 448.
AB438,5
18Section 5
. 154.01 (3) of the statutes is amended to read:
AB438,3,2119
154.01
(3) “Health care professional" means a person
who is licensed, certified
20or registered under ch. 441, 448
, or 455
or who holds a compact privilege under subch.
21IX of ch. 448.
AB438,6
1Section
6. 155.01 (7) of the statutes is amended to read:
AB438,4,122
155.01
(7) “Health care provider" means a nurse licensed or permitted under
3ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
4physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
5therapist assistant, occupational therapist, or occupational therapy assistant
6licensed under ch. 448, a person practicing Christian Science treatment, an
7optometrist licensed under ch. 449, a psychologist licensed under ch. 455,
a physical
8therapist or physical therapist assistant who holds a compact privilege under subch.
9IX of ch. 448, a partnership thereof, a corporation or limited liability company thereof
10that provides health care services, a cooperative health care association organized
11under s. 185.981 that directly provides services through salaried employees in its
12own facility, or a home health agency, as defined in s. 50.49 (1) (a).
AB438,7
13Section 7
. 252.14 (1) (ar) 4e. of the statutes is amended to read:
AB438,4,1614
252.14
(1) (ar) 4e. A physical therapist or physical therapist assistant
who is
15licensed under subch. III of ch. 448
or who holds a compact privilege under subch.
16IX of ch. 448.
AB438,8
17Section 8
. 440.03 (9) (a) (intro.) of the statutes is amended to read:
AB438,4,2118
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:
AB438,9
22Section 9
. 440.03 (9) (a) 2. of the statutes is amended to read:
AB438,5,1123
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.
AB438,10
12Section 10
. 440.03 (11m) (c) 2m. of the statutes is created to read:
AB438,5,1513
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.
AB438,11
16Section 11
. 440.03 (13) (b) (intro.) of the statutes is amended to read:
AB438,5,2317
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.:
AB438,12
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:
AB438,6,94
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.:
AB438,13
10Section 13
. 440.15 of the statutes is amended to read:
AB438,6,15
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.
AB438,14
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:
AB438,6,22
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.
AB438,15
23Section 15
. 446.01 (1v) (d) of the statutes is amended to read:
AB438,7,3
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.
AB438,16
4Section 16
. 448.50 (1n) and (1o) of the statutes are created to read:
AB438,7,65
448.50
(1n) “Compact” means the physical therapy licensure compact under
6s. 448.985.
AB438,7,8
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.
AB438,17
9Section 17
. 448.50 (3) and (3m) of the statutes are amended to read:
AB438,7,1210
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.
AB438,7,15
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.
AB438,18
16Section 18
. 448.51 of the statutes is amended to read:
AB438,7,19
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.
AB438,8,3
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.
AB438,8,9
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.
AB438,8,13
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.
AB438,19
14Section 19
. 448.56 (2) of the statutes is amended to read:
AB438,8,2115
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.
AB438,20
22Section 20
. 448.565 of the statutes is amended to read:
AB438,8,25
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.
AB438,21
1Section
21. 448.57 (2) (intro.), (c), (d) and (e), (4) and (5) of the statutes are
2amended to read:
AB438,9,73
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:
AB438,9,88
(c) Advertised in a manner that is false, deceptive
, or misleading.
AB438,9,99
(d) Advertised, practiced
, or attempted to practice under another's name.
AB438,9,1210
(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.
AB438,9,15
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.
AB438,9,18
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.
AB438,22
19Section 22
. 448.956 (1m) and (4) of the statutes are amended to read:
AB438,9,2420
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.
AB438,10,8
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.
AB438,23
9Section 23
. Subchapter IX of chapter 448 [precedes 448.985] of the statutes
10is created to read:
AB438,10,1111
CHAPTER 448
AB438,10,1412
SUBCHAPTER IX
13
Physical therapy
14
licensure compact
AB438,10,21
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.
AB438,10,2222
(b) This compact is designed to achieve all of the following objectives:
AB438,10,2423
1. Increase public access to physical therapy services by providing for the
24mutual recognition of other member state licenses.
AB438,10,2525
2. Enhance the states' ability to protect the public's health and safety.
AB438,11,2
13. Encourage the cooperation of member states in regulating multistate
2physical therapy practice.
AB438,11,33
4. Support spouses of relocating military members.
AB438,11,54
5. Enhance the exchange of licensure, investigative, and disciplinary
5information between member states.
AB438,11,76
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.
AB438,11,9
8(2) Definitions. As used in this compact, and except as otherwise provided, the
9following definitions shall apply:
AB438,11,1210
(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.
AB438,11,1513
(b) “Adverse action” means disciplinary action taken by a physical therapy
14licensing board based upon misconduct, unacceptable performance, or a combination
15of both.
AB438,11,1816
(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.
AB438,11,2319
(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.
AB438,12,3
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.
AB438,12,54
(f) “Data system” means a repository of information about licensees, including
5examination, licensure, investigative, compact privilege, and adverse action.
AB438,12,76
(g) “Encumbered license” means a license that a physical therapy licensing
7board has limited in any way.
AB438,12,98
(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.
AB438,12,1110
(i) “Home state” means the member state that is the licensee's primary state
11of residence.
AB438,12,1412
(j) “Investigative information” means information, records, and documents
13received or generated by a physical therapy licensing board pursuant to an
14investigation.
AB438,12,1615
(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.
AB438,12,1917
(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.
AB438,12,2020
(m) “Member state” means a state that has enacted the compact.
AB438,12,2221
(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.
AB438,12,2423
(o) “Physical therapist” means an individual who is licensed by a state to
24practice physical therapy.
AB438,13,3
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.
AB438,13,64
(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.