LRB-3685/1
MED&KP:kjf
2019 - 2020 LEGISLATURE
September 12, 2019 - Introduced by Representatives Stafsholt, Doyle, Magnafici,
Horlacher, Anderson, Bowen, Dittrich, Felzkowski, Gundrum, Knodl,
Kolste, Kurtz, Petryk, Spreitzer, C. Taylor, Tusler, VanderMeer and
Vruwink, cosponsored by Senators Marklein, Ringhand, Testin, Darling,
Jacque, Kooyenga, Nass and L. Taylor. Referred to Committee on Health.
AB438,1,11
1An Act to amend 49.45 (9r) (a) 7. b., 146.81 (1) (dg), 146.997 (1) (d) 4., 154.01 (3),
2155.01 (7), 252.14 (1) (ar) 4e., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13)
3(b) (intro.), 440.15, 446.01 (1v) (d), 448.50 (3) and (3m), 448.51, 448.56 (2),
4448.565, 448.57 (2) (intro.), (c), (d) and (e), (4) and (5), 448.956 (1m) and (4),
5450.10 (3) (a) 5., 451.02 (1) and 462.04;
to repeal and recreate 440.03 (13) (b)
6(intro.) and 440.15; and
to create 14.88, 440.03 (11m) (c) 2m., 448.50 (1n) and
7(1o), subchapter IX of chapter 448 [precedes 448.985] and 448.986 of the
8statutes;
relating to: ratification of the Physical Therapy Licensure Compact,
9extending the time limit for emergency rule procedures, providing an
10exemption from emergency rule procedures, and granting rule-making
11authority.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Physical Therapy Licensure
Compact (compact), which provides for the ability of a physical therapist or physical
therapist assistant licensed in one member state (licensee) to obtain a “compact
privilege” to practice in a remote state without obtaining a license in that remote
state. Significant provisions of the compact include:
1. The creation of a Physical Therapy Compact Commission (commission),
which includes one member of the licensure boards of each member state. The
commission has various powers and duties granted in the compact, including
overseeing the administration of the compact, enforcing the compact, adopting
bylaws, promulgating binding rules for the compact, employing an executive director
and employees, and establishing and electing an executive board. The commission
may levy on and collect an annual assessment from each member state or impose fees
on other parties to cover the cost of the operations and activities of the commission
and its staff.
2. A process whereby a licensee may obtain a compact privilege to practice in
another member state. A licensee's primary state of residence is considered to be his
or her home state, and any other member state in which the licensee wishes to
practice is considered a remote state. A licensee providing physical therapy in a
remote state under a compact privilege is subject to that state's regulatory authority.
A remote state may take action against a licensee's compact privilege in the remote
state, and the licensee is then not eligible for a compact privilege in any state until
certain criteria are met. If a licensee's compact privilege in any remote state is
removed, the individual loses his or her compact privilege in any remote state until
certain criteria are met. However, a home state has the exclusive power to impose
adverse action against a license issued by the home state. If a home state license is
encumbered (i.e., suspended), the licensee loses his or her compact privilege in any
remote state until certain criteria are met. Member states may charge a fee for
granting a compact privilege and may impose a jurisprudence requirement for
granting a compact privilege that assesses an individual's knowledge of the laws and
rules governing the practice of physical therapy in a particular state.
3. The ability for member boards to conduct joint investigations of licensees and
the ability of member states to issue subpoenas that are enforceable in other states.
4. The creation of a coordinated database and reporting system containing
licensure, adverse action, and investigative information on all licensed individuals
in member states. A member state must submit a uniform data set to the data system
on all individuals to whom this compact is applicable as required by the rules of the
commission.
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