SB197: Bill Text

SB197,,1 2023 SENATE BILL 197

April 3, 2023 - Introduced by Joint Legislative Council. Referred to Committee on Health.

SB197,,2 An Act to renumber and amend 440.03 (13) (c) and 459.24 (3m); to amend 45.40 (1g) (a), 46.297 (2) (a), 46.298, 146.81 (1) (hm), 146.997 (1) (d) 12., 252.14 (1) (ar) 8., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 450.10 (3) (a) 11., 459.22 (2) (b), 459.24 (1) (a), 459.24 (1) (b), 459.34 (2) (intro.), 459.34 (2m) (a) (intro.), 459.34 (2m) (b), 459.34 (2m) (c), 459.34 (3) and 632.895 (16) (b) 1. a.; and to create 14.897, 440.03 (11m) (c) 2w., 440.03 (13) (c) 1. i., 459.20 (2k), 459.20 (2m), 459.20 (3v), 459.24 (3c), 459.24 (3e), 459.30 and subchapter III of chapter 459 [precedes 459.70] of the statutes; relating to: ratification of the Audiology and Speech-Language Pathology Interstate Compact, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.

SB197,,3 Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

SB197,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council’s Study Committee on Occupational Licenses.

This bill ratifies and enters Wisconsin into the Audiology and Speech-Language Pathology Interstate Compact (compact), which allows a speech-language pathologist or audiologist 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 the following:

1. Creation of an Audiology and Speech-Language Pathology Compact Commission (commission), which includes two members of the licensure boards of each member state. The commission oversees administration of the compact, enforces the compact, adopts bylaws, promulgates binding rules for the compact, hires employees and elects or appoints officers, establishes and elects an executive committee, and has various other powers and duties. The commission may levy 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 by which a licensee may obtain a compact privilege in another member state, which is also referred to in the compact as a privilege to practice. A licensee practicing 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, at which point the licensee is not eligible for a compact privilege in any state until certain criteria are met. The state of the licensee’s primary residence, however, has the exclusive authority to impose adverse action against a license issued by that state. Member states may charge a fee for granting a compact privilege.

3. The ability for member state licensure boards to conduct joint investigations of licensees and the ability of member states to issue subpoenas that are enforceable in other states.

4. 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 the compact is applicable.

5. Various provisions regarding resolutions of disputes between member states and between member and nonmember states.

Since the compact has already been enacted by the minimum number of states required for it to become active, 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.

SB197,1 Section 1. 14.897 of the statutes is created to read:

SB197,,6 14.897 Audiology and speech-language pathology licensure compact. There is created an audiology and speech-language pathology compact commission as specified in s. 459.70. The delegates of the commission representing this state shall be individuals described in s. 459.70 (8) (b) 1. The commission has the powers and duties granted and imposed under s. 459.70.

SB197,2 Section 2. 45.40 (1g) (a) of the statutes is amended to read:

SB197,,8 45.40 (1g) (a) “Health care provider” means an advanced practice nurse prescriber certified under s. 441.16 (2), an audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, a dentist licensed under ch. 447, an optometrist licensed under ch. 449, a physician licensed under s. 448.02, or a podiatrist licensed under s. 448.63.

SB197,3 Section 3. 46.297 (2) (a) of the statutes is amended to read:

SB197,,10 46.297 (2) (a) The person is certified as deaf or severely hearing impaired by a physician, an audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, or the department.

SB197,4 Section 4. 46.298 of the statutes is amended to read:

SB197,,12 46.298 Vehicle sticker for the hearing impaired. Upon the request of a person who is certified as hearing impaired by the department, by a physician, by a hearing instrument specialist licensed under subch. I of ch. 459, 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, the department shall issue to the person a decal or sticker for display on a motor vehicle owned or frequently operated by the person to apprise law enforcement officers of the fact that the vehicle is owned or operated by a hearing-impaired person. No charge shall be made for issuance of the decal or sticker. The department shall specify the design of the decal or sticker. The department shall designate the location on the vehicle at which the decal or sticker shall be affixed by its own adhesive.

SB197,5 Section 5. 146.81 (1) (hm) of the statutes is amended to read:

SB197,,14 146.81 (1) (hm) A speech-language pathologist or audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, or a speech and language pathologist licensed by the department of public instruction.

SB197,6 Section 6. 146.997 (1) (d) 12. of the statutes is amended to read:

SB197,,16 146.997 (1) (d) 12. A speech-language pathologist or audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, or a speech and language pathologist licensed by the department of public instruction.

SB197,7 Section 7. 252.14 (1) (ar) 8. of the statutes is amended to read:

SB197,,18 252.14 (1) (ar) 8. A speech-language pathologist or audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, or a speech and language pathologist licensed by the department of public instruction.

SB197,8 Section 8. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB197,,20 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 459.71 (2) by doing all of the following:

SB197,9 Section 9. 440.03 (9) (a) 2. of the statutes is amended to read:

SB197,,22 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 459.71 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department’s general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

SB197,10 Section 10. 440.03 (11m) (c) 2w. of the statutes is created to read:

SB197,,24 440.03 (11m) (c) 2w. The coordinated database and reporting system under s. 459.70 (9), if such disclosure is required under the audiology and speech-language pathology interstate compact under s. 459.70.

SB197,11 Section 11. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB197,,26 440.03 (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., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4., and 459.70 (3) (b) 2.:

SB197,12 Section 12. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

SB197,,28 440.03 (13) (c) 1. (intro.) The department shall require an all of the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints:

SB197,,29 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB197,,30 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB197,,31 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB197,,32 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB197,,33 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB197,,34 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

SB197,,35 g. An applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4), and an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a., an

SB197,,36 h. An applicant for a psychologist license under s. 455.04, and a.

SB197,,37 z. A person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints.

SB197,,38 2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to i., to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

SB197,,39 3. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.

SB197,13 Section 13. 440.03 (13) (c) 1. i. of the statutes is created to read:

SB197,,41 440.03 (13) (c) 1. i. An applicant for an audiologist or speech-language pathologist license or compact privilege under s. 459.24 when required pursuant to the audiology and speech-language pathology interstate compact under s. 459.70.

SB197,14 Section 14. 440.15 of the statutes is amended to read:

SB197,,43 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., 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.

SB197,15 Section 15. 450.10 (3) (a) 11. of the statutes is amended to read:

SB197,,45 450.10 (3) (a) 11. A speech-language pathologist or audiologist who is licensed under subch. II of ch. 459 or who holds a compact privilege under subch. III of ch. 459, or a speech and language pathologist licensed by the department of public instruction.

SB197,16 Section 16. 459.20 (2k) of the statutes is created to read:

SB197,,47 459.20 (2k) “Compact” means the audiology and speech-language pathology interstate compact.

SB197,17 Section 17. 459.20 (2m) of the statutes is created to read:

SB197,,49 459.20 (2m) “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.

SB197,18 Section 18. 459.20 (3v) of the statutes is created to read:

SB197,,51 459.20 (3v) “Single-state license” has the meaning given in s. 459.70 (2) (t).

SB197,19 Section 19. 459.22 (2) (b) of the statutes is amended to read:

SB197,,53 459.22 (2) (b) Authorize a speech-language pathologist who is licensed under this subchapter or who holds a valid compact privilege to dispense or sell hearing aids without obtaining a hearing instrument specialist license under subch. I.

SB197,20 Section 20. 459.24 (1) (a) of the statutes is amended to read:

SB197,,55 459.24 (1) (a) Engage in the practice of speech-language pathology or use the title “speech-language pathologist” or any similar title unless the person holds a current speech-language pathologist license granted by the examining board under sub. (2) or (6) (a) or holds a valid compact privilege.

SB197,21 Section 21. 459.24 (1) (b) of the statutes is amended to read:

SB197,,57 459.24 (1) (b) Engage in the practice of audiology or use the title “audiologist,” “clinical audiologist,” or any similar title unless the person holds a current audiologist license granted by the examining board under sub. (3) or (6) (b) or holds a valid compact privilege.

SB197,22 Section 22. 459.24 (3c) of the statutes is created to read:

SB197,,59 459.24 (3c) Types of licenses. (a) A license granted under sub. (2) or (3) may be either of the following:

SB197,,60 1. A license that, subject to s. 459.70 (4), entitles the holder to obtain and exercise a compact privilege in other states that are parties to the compact.

SB197,,61 2. A single-state license, which only entitles the holder to practice in this state. Nothing in the compact applies to the holder of a single-state license unless otherwise applicable under this subchapter.

SB197,,62 (b) When applying for a license under sub. (2) or (3), an individual shall specify whether he or she is applying for a license under par. (a) 1. or 2.

SB197,23 Section 23. 459.24 (3e) of the statutes is created to read: