Amendment SE3 SSA1-SB1

SB1-SSA1,238,4 2. The text of the proposed rule or amendment and the reason for the proposed rule.

SB1-SSA1,238,5 3. A request for comments on the proposed rule from any interested person.

SB1-SSA1,238,8 4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

SB1-SSA1,238,11 (f) Prior to the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

SB1-SSA1,238,13 (g) The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by any of the following:

SB1-SSA1,238,14 1. At least 25 persons.

SB1-SSA1,238,15 2. A state or federal government subdivision or agency.

SB1-SSA1,238,16 3. An association having at least 25 members.

SB1-SSA1,238,20 (h) 1. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.

SB1-SSA1,238,24 2. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.

SB1-SSA1,239,2 3. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

SB1-SSA1,239,4 4. All hearings shall be recorded. A copy of the recording shall be made available on request.

SB1-SSA1,239,7 5. Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this subsection.

SB1-SSA1,239,10 (i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

SB1-SSA1,239,13 (j) If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

SB1-SSA1,239,16 (k) The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule.

SB1-SSA1,239,23 (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rule-making procedures provided in the compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this paragraph, an emergency rule is one that must be adopted immediately in order to do any of the following:

SB1-SSA1,239,24 1. Meet an imminent threat to public health, safety, or welfare.

SB1-SSA1,239,25 2. Prevent a loss of commission or member state funds.

SB1-SSA1,240,2 3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

SB1-SSA1,240,12 (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

SB1-SSA1,240,16 (11) Oversight, dispute resolution, and enforcement. (a) 1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.

SB1-SSA1,240,18 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

SB1-SSA1,240,20 (b) 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

SB1-SSA1,241,2 2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. Notwithstanding s. 814.04 (1), in the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.

SB1-SSA1,241,4 3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

SB1-SSA1,241,12 (12) Date of implementation of the interstate commission for audiology and speech-language pathology practice and associated rules, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact.

SB1-SSA1,241,17 (b) Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

SB1-SSA1,241,19 (c) 1. Any member state may withdraw from this compact by enacting a statute repealing the same.

SB1-SSA1,241,21 2. A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.

SB1-SSA1,241,25 3. Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

SB1-SSA1,242,4 (d) Nothing contained in this compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

SB1-SSA1,242,7 (e) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

SB1-SSA1,242,17 (13) Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SB1-SSA1,242,20 (14) Binding effect of compact and other laws. (a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.

SB1-SSA1,242,22 (b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.

SB1-SSA1,242,24 (c) All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.

SB1-SSA1,243,2 (d) All agreements between the commission and the member states are binding in accordance with their terms.

SB1-SSA1,243,6 (e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

SB1-SSA1,243,8 459.71 Implementation of the audiology and speech-language pathology interstate compact. (1) In this section:

SB1-SSA1,243,11 (a) “Compact privilege” means a compact privilege, as defined in s. 459.70 (2) (h), that is granted under the audiology and speech-language pathology interstate compact under s. 459.70 to an individual to practice in this state.

SB1-SSA1,243,12 (b) “Examining board” means the hearing and speech examining board.

SB1-SSA1,243,14 (2) The department may impose a fee for an individual to receive a compact privilege as provided under s. 459.70 (3) (j).

SB1-SSA1,243,16 (3) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).

SB1-SSA1,243,20 (b) Subject to s. 459.70 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses and permits issued under subch. II.

SB1-SSA1,327 Section 327. 460.07 (2) (intro.) of the statutes is amended to read:

SB1-SSA1,243,24 460.07 (2) (intro.) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and shall include all of the following:

SB1-SSA1,328 Section 328. 460.10 (1) (a) of the statutes is amended to read:

SB1-SSA1,244,5 460.10 (1) (a) Requirements and procedures for a license holder to complete continuing education programs or courses of study to qualify for renewal of his or her license. The rules promulgated under this paragraph may not require a license holder to complete more than 24 hours of continuing education programs or courses of study per 2-year period in order to qualify for renewal of his or her license.

SB1-SSA1,329 Section 329. 462.02 (2) (e) of the statutes is amended to read:

SB1-SSA1,244,7 462.02 (2) (e) A physician assistant licensed under s. 448.974.

SB1-SSA1,330 Section 330. 462.04 of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

SB1-SSA1,244,19 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic doctor licensed under s. 466.04 (1), a dentist licensed under s. 447.04 (1), a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant who is licensed under s. 448.974 or who holds a compact privilege under subch. XIII of ch. 448, or, subject to s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a compact privilege under subch. XI of ch. 448.

SB1-SSA1,331 Section 331. 462.05 (1) of the statutes is amended to read:

SB1-SSA1,244,25 462.05 (1) The renewal date for licenses and limited X-ray machine operator permits granted under this chapter is specified in shall be as determined under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB1-SSA1,332 Section 332. 466.04 (3) (a) (intro.) of the statutes is amended to read:

SB1-SSA1,245,5 466.04 (3) (a) (intro.) The renewal date for licenses granted under this chapter is specified shall be as determined under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department. The application shall include all of the following in order for the license to be renewed:

SB1-SSA1,333 Section 333. 470.045 (3) (b) of the statutes is amended to read:

SB1-SSA1,245,9 470.045 (3) (b) The renewal date for certificates of authorization under this section is specified shall be as determined under s. 440.08 (2) (a), and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a).

SB1-SSA1,334 Section 334. 470.07 of the statutes is amended to read:

SB1-SSA1,245,17 470.07 Renewal of licenses. The renewal dates for licenses granted under this chapter are specified shall be as determined under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the appropriate section of the examining board that the applicant has completed any continuing education requirements specified in rules promulgated under s. 470.03 (2).

SB1-SSA1,335 Section 335. 480.08 (5) of the statutes is amended to read:

SB1-SSA1,246,2 480.08 (5) Expiration and renewal. The renewal date for certificates granted under this chapter, other than temporary certificates granted under sub. (7), is specified shall be as determined under s. 440.08 (2) (a), and the renewal fee for certificates granted under this chapter, other than temporary certificates granted under sub. (7), is determined by the department under s. 440.03 (9) (a). Renewal applications shall include evidence satisfactory to the department that the applicant holds a current permit issued under s. 77.52 (9). A renewal application for an auctioneer certificate shall be accompanied by proof of completion of continuing education requirements under sub. (6).

SB1-SSA1,336 Section 336. 632.89 (1) (dm) of the statutes is repealed and recreated to read:

SB1-SSA1,246,6 632.89 (1) (dm) “Licensed mental health professional" means a clinical social worker, a marriage and family therapist, or a professional counselor, as those terms are defined in subch. I of ch. 457.

SB1-SSA1,337 Section 337. 632.89 (1) (e) 4. of the statutes is amended to read:

SB1-SSA1,246,9 632.89 (1) (e) 4. A licensed mental health professional practicing within the scope of his or her license credential under subch. I of ch. 457 and applicable rules.

SB1-SSA1,338 Section 338. 632.895 (16) (b) 1. a. of the statutes is amended to read:

SB1-SSA1,246,17 632.895 (16) (b) 1. a. Coverage of the cost of hearing aids and cochlear implants that are prescribed by a physician, or by an audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, in accordance with accepted professional medical or audiological standards, for a child covered under the policy or plan who is under 18 years of age and who is certified as deaf or hearing impaired by a physician or by an audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459.

SB1-SSA1,339 Section 339. 800.035 (2m) of the statutes is amended to read:

SB1-SSA1,247,5 800.035 (2m) A municipal court shall appoint a guardian ad litem or social worker certified or licensed under subch. I of ch. 457 for any defendant that the court has reason to believe lacks substantial mental capacity to understand the proceedings or assist in his or her defense. The person appointed under this paragraph shall assist the court in making a determination concerning the defendant's mental capacity. If the court determines that the defendant lacks the mental capacity to understand the proceedings or assist in his or her defense, the court shall suspend the proceedings. The cost of the guardian ad litem or social worker shall be paid by the municipality or municipalities that established the court. The governing body may by ordinance or bylaw authorize the appointment of a guardian ad litem by the municipal judge in any other matter within the jurisdiction of the municipal court.

SB1-SSA1,340 Section 340. 895.48 (1m) (a) (intro.) of the statutes is amended to read:

SB1-SSA1,247,20 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, physician assistant who is licensed under subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460, or naturopathic doctor licensed under ch. 466 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB1-SSA1,341 Section 341. 905.04 (1) (bm) of the statutes is amended to read:

SB1-SSA1,247,24 905.04 (1) (bm) “Marriage and family therapist" means an individual who is licensed as a marriage and family therapist under subch. I of ch. 457 or an individual reasonably believed by the patient to be a marriage and family therapist.

SB1-SSA1,342 Section 342. 905.04 (1) (dm) of the statutes is amended to read:

SB1-SSA1,248,4 905.04 (1) (dm) “Professional counselor" means an individual who is licensed as a professional counselor under subch. I of ch. 457, an individual who is exercising the privilege to practice, as defined in s. 457.50 (2) (s), in this state, or an individual reasonably believed by the patient to be a professional counselor.

SB1-SSA1,343 Section 343. 905.04 (1) (g) of the statutes is amended to read:

SB1-SSA1,248,10 905.04 (1) (g) “Social worker" means an individual who is certified or licensed as a social worker, advanced practice social worker, independent social worker, or clinical social worker, as those terms are defined under subch. I of ch. 457, or an individual reasonably believed by the patient to be a social worker, advanced practice social worker, independent social worker, or clinical social worker.

SB1-SSA1,344 Section 344. 971.14 (4) (a) of the statutes is amended to read:

SB1-SSA1,248,23 971.14 (4) (a) The court shall cause copies of the report to be delivered forthwith to the district attorney and the defense counsel, or the defendant personally if not represented by counsel. Upon the request of the sheriff or jailer charged with care and control of the jail in which the defendant is being held pending or during a trial or sentencing proceeding, the court shall cause a copy of the report to be delivered to the sheriff or jailer. The sheriff or jailer may provide a copy of the report to the person who is responsible for maintaining medical records for inmates of the jail, or to a nurse licensed under ch. 441, to a, physician licensed under subch. II of ch. 448, or to a physician assistant licensed under subch. IX of ch. 448 who is a health care provider for the defendant or who is responsible for providing health care services to inmates of the jail. The report shall not be otherwise disclosed prior to the hearing under this subsection.

SB1-SSA1,345 Section 345. 990.01 (27s) of the statutes is amended to read:

SB1-SSA1,249,3 990.01 (27s) Physician assistant. “Physician assistant” means a person who is licensed as a physician assistant under subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of ch. 448.

SB1-SSA1,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

SB1-SSA1,249,6 (1) Credential renewal dates.

SB1-SSA1,249,7 (a) In this subsection:

SB1-SSA1,249,8 1. “Credentialing board” has the meaning given in s. 440.01 (2) (bm).

SB1-SSA1,249,9 2. “Department” means the department of safety and professional services.

SB1-SSA1,249,19 (b) The department and each credentialing board may promulgate emergency rules under s. 227.24 necessary to implement the changes act related to the transition to four-year professional credential renewal cycles. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this paragraph remain in effect until May 1, 2025, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), neither the department nor any credentialing board is required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare or provide a finding of emergency for a rule promulgated under this paragraph.