SB1059: Bill Text

SB1059,,24 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 448.9887 (3) (b) 3. and (5) (b) 2. a., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 2.:

SB1059,11 Section 11. 440.03 (13) (c) 1. gm. of the statutes is created to read:

SB1059,,26 440.03 (13) (c) 1. gm. An applicant for a dietitian compact privilege under s. 448.9887 (4) and an applicant for a dietitian certificate described in s. 448.9887 (5) (b) 2. a.

SB1059,12 Section 12. 440.15 of the statutes, as affected by 2023 Wisconsin Act 88, is amended to read:

SB1059,,28 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 448.9887 (3) (b) 3. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing.

SB1059,13 Section 13. 446.01 (1v) (f) of the statutes is amended to read:

SB1059,,30 446.01 (1v) (f) Dietitians affiliated credentialing board under subch. V of ch. 448. “Health care professional” also includes an individual who holds a compact privilege under subch. XIV of ch. 448.

SB1059,14 Section 14. 446.02 (6m) of the statutes is amended to read:

SB1059,,32 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice, or a recommendation to a patient regarding the health effects of vitamins, herbs, or nutritional supplements unless the chiropractor has been issued a certificate under sub. (2) (c) 1. This subsection does not apply to a chiropractor licensed under this chapter who is a certified as a dietitian under subch. V of ch. 448, as defined in s. 448.70 (1m).

SB1059,15 Section 15. 448.70 (1m) of the statutes is amended to read:

SB1059,,34 448.70 (1m) “Certified dietitian” means an individual who is certified as a dietitian under this subchapter or who holds a compact privilege.

SB1059,16 Section 16. 448.70 (1r) of the statutes is created to read:

SB1059,,36 448.70 (1r) “Compact” means the dietitian licensure compact under s. 448.9887.

SB1059,17 Section 17. 448.70 (1s) of the statutes is created to read:

SB1059,,38 448.70 (1s) “Compact privilege” means a compact privilege, as defined in s. 448.9887 (2) (i), that is granted under the compact to an individual to practice in this state.

SB1059,18 Section 18. 448.72 (6) of the statutes is amended to read:

SB1059,,40 448.72 (6) Prohibit an individual from using the title “dietitian”, “dietitian,” “licensed dietitian,” or “certified dietitian” if the person is licensed or certified as a dietitian under the laws of another state which has licensure or certification requirements that the affiliated credentialing board determines to be substantially equivalent to the requirements under s. 448.78 (1m).

SB1059,19 Section 19. 448.74 (1) of the statutes is amended to read:

SB1059,,42 448.74 (1) Establish criteria for the approval of educational programs and training under s. 448.78 (3) and (4) (1m) (c) and (d).

SB1059,20 Section 20. 448.78 (title) of the statutes is amended to read:

SB1059,,44 448.78 (title) Certification of dietitians; compact privileges.

SB1059,21 Section 21. 448.78 of the statutes is renumbered 448.78 (1m), and 448.78 (1m) (c) 2. and (d) 3. b., as renumbered, are amended to read:

SB1059,,46 448.78 (1m) (c) 2. Received a bachelor’s, master’s or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board determines that the program is substantially equivalent to a program under par. (a) subd. 1.

SB1059,,47 (d) 3. b. A program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board determines that the program is substantially equivalent to a program under subd. 1. 3. a.

SB1059,22 Section 22. 448.78 (1m) (title) of the statutes is created to read:

SB1059,,49 448.78 (1m) (title) Certificate.

SB1059,23 Section 23. 448.78 (1m) (f) of the statutes is created to read:

SB1059,,51 448.78 (1m) (f) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have a conviction record.

SB1059,24 Section 24. 448.78 (2m), (3m) and (4m) of the statutes are created to read:

SB1059,,53 448.78 (2m) License based on compact privilege. The affiliated credentialing board shall grant a certificate as a dietitian to any individual who does all of the following:

SB1059,,54 (a) Submits an application for the certificate to the department on a form provided by the department.

SB1059,,55 (b) Pays the fee specified in s. 440.05 (1).

SB1059,,56 (c) Submits evidence satisfactory to the affiliated credentialing board that he or she holds a home state license in another state that is a party to the compact, has changed his or her primary state of residence to this state, and satisfies all other requirements under s. 448.9887 (5).

SB1059,,57 (d) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have a conviction record.

SB1059,,58 (3m) Compact privilege. The affiliated credentialing board shall grant a compact privilege to an individual who does all of the following:

SB1059,,59 (a) Submits an application for the compact privilege to the department on a form provided by the department.

SB1059,,60 (b) Submits evidence satisfactory to the affiliated credentialing board that he or she holds an unencumbered home state license in another state that is a party to the compact and satisfies all other requirements under s. 448.9887 (4).

SB1059,,61 (c) Pays any fee established by the department under s. 448.9888 (2).

SB1059,,62 (4m) Types of certificate. A certificate as a dietitian granted under sub. (1m) may be either of the following:

SB1059,,63 (a) A certificate that, subject to s. 448.9887 (4), entitles the holder to obtain and exercise a compact privilege in other states that are parties to the compact.

SB1059,,64 (b) A single-state certificate, which entitles the holder to practice only in this state. Nothing in the compact applies to the holder of a single-state certificate unless otherwise applicable under this subchapter.

SB1059,25 Section 25. 448.80 of the statutes is amended to read:

SB1059,,66 448.80 Temporary certificate. Upon application and payment of the fee specified in s. 440.05 (6), the affiliated credentialing board may grant a temporary dietitian certificate to an individual who satisfies the requirements under s. 448.78 (1) to (4) (1m) (a) to (d) and has submitted an application to take the next available examination under s. 448.84. A temporary certificate granted under this section is valid for a period designated by the affiliated credentialing board, not to exceed 9 months, and may be renewed once by the affiliated credentialing board.

SB1059,26 Section 26. 448.82 of the statutes is amended to read:

SB1059,,68 448.82 Reciprocal certificate. Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a dietitian certificate to an individual who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate in the other state or territory are substantially equivalent to the requirements under s. 448.78 (1m).

SB1059,27 Section 27. 448.87 (2) (intro.) of the statutes is amended to read:

SB1059,,70 448.87 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a certified dietitian or deny, limit, suspend or revoke a certificate granted under this subchapter or a compact privilege if it finds that the applicant or certified dietitian has done any of the following:

SB1059,28 Section 28. 448.87 (2) (a) of the statutes is amended to read:

SB1059,,72 448.87 (2) (a) Made a material misstatement in an application for a certificate or a compact privilege or for renewal of a certificate.

SB1059,29 Section 29. 448.956 (1m) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

SB1059,,74 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter; under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact privilege under subch. XI or, XII, or XIV of ch. 448.

SB1059,30 Section 30. Subchapter XIV of chapter 448 [precedes 448.9887] of the statutes is created to read:

SB1059,,76 CHAPTER 448

SB1059,,77 SUBCHAPTER XIV

SB1059,,78 DIETITIAN LICENSURE COMPACT

SB1059,,79 448.9887 Dietitian licensure compact. (1) Purpose. The purpose of this compact is to facilitate interstate practice of dietetics with the goal of improving public access to dietetics services. This compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure, while also providing for licensure portability through a compact privilege granted to qualifying professionals. This compact is designed to achieve the following objectives:

SB1059,,80 (a) Increase public access to dietetics services;

SB1059,,81 (b) Provide opportunities for interstate practice by licensed dietitians who meet uniform requirements;

SB1059,,82 (c) Eliminate the necessity for licenses in multiple states;

SB1059,,83 (d) Reduce administrative burden on member states and licensees;

SB1059,,84 (e) Enhance the states’ ability to protect the public’s health and safety;

SB1059,,85 (f) Encourage the cooperation of member states in regulating multistate practice of licensed dietitians;

SB1059,,86 (g) Support relocating active military members and their spouses;

SB1059,,87 (h) Enhance the exchange of licensure, investigative, and disciplinary information among member states; and

SB1059,,88 (i) Vest all member states with the authority to hold a licensed dietitian accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered.

SB1059,,89 (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

SB1059,,90 (a) “ACEND” means the Accreditation Council for Education in Nutrition and Dietetics or its successor organization.

SB1059,,91 (b) “Active military member” means any individual with full-time duty status in the active armed forces of the United States, including members of the national guard and reserve.

SB1059,,92 (c) “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing authority or other authority against a licensee, including actions against an individual’s license or compact privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensee’s authorization to practice, including issuance of a cease and desist action.

SB1059,,93 (d) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a licensing authority.

SB1059,,94 (e) “Charter member state” means any member state which enacted this compact by law before the effective date specified in sub. (12).

SB1059,,95 (f) “Continuing education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.

SB1059,,96 (g) “CDR” means the Commission on Dietetic Registration or its successor organization.

SB1059,,97 (h) “Compact commission” means the government agency whose membership consists of all states that have enacted this compact, which is known as the dietitian licensure compact commission, as described in sub. (8), and which shall operate as an instrumentality of the member states.

SB1059,,98 (i) “Compact privilege” means a legal authorization, which is equivalent to a license, permitting the practice of dietetics in a remote state.

SB1059,,99 (j) “Current significant investigative information” means:

SB1059,,100 1. Investigative information that a licensing authority, after a preliminary inquiry that includes notification and an opportunity for the subject licensee to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

SB1059,,101 2. Investigative information that indicates that the subject licensee represents an immediate threat to public health and safety regardless of whether the subject licensee has been notified and had an opportunity to respond.

SB1059,,102 (k) “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action information.

SB1059,,103 (L) “Encumbered license” means a license in which an adverse action restricts a licensee’s ability to practice dietetics.

SB1059,,104 (m) “Encumbrance” means a revocation or suspension of, or any limitation on a licensee’s full and unrestricted practice of dietetics by a licensing authority.

SB1059,,105 (n) “Executive committee” means a group of delegates elected or appointed to act on behalf of, and within the powers granted to them by, this compact, and the compact commission.

SB1059,,106 (o) “Home state” means the member state that is the licensee’s primary state of residence or that has been designated pursuant to sub. (6).

SB1059,,107 (p) “Investigative information” means information, records, and documents received or generated by a licensing authority pursuant to an investigation.

SB1059,,108 (q) “Jurisprudence requirement” means an assessment of an individual’s knowledge of the state laws and regulations governing the practice of dietetics in such state.

SB1059,,109 (r) “License” means an authorization from a member state to either:

SB1059,,110 1. Engage in the practice of dietetics (including medical nutrition therapy); or

SB1059,,111 2. Use the title “dietitian,” “licensed dietitian,” “licensed dietitian nutritionist,” “certified dietitian,” or other title describing a substantially similar practitioner as the compact commission may further define by rule.

SB1059,,112 (s) “Licensee” or “licensed dietitian” means an individual who currently holds a license and who meets all of the requirements outlined in sub. (4).