SB320: Bill Text

SB320,,1 2023 SENATE BILL 320

June 7, 2023 - Introduced by Senators Stafsholt, Felzkowski, Feyen, Marklein and Stroebel, cosponsored by Representatives Gustafson, Sortwell, Allen, Brandtjen, Dittrich, Edming, Green, Moses, Murphy, Mursau, Neylon, O’Connor, Rozar and Wichgers. Referred to Committee on Licensing, Constitution and Federalism.

SB320,,2 An Act to repeal 89.072, 89.073 (1), 89.073 (2) (b), 89.073 (2m), 89.073 (4), 440.09 (1), 440.09 (2) (b), 440.09 (2m), 440.09 (4), 440.88 (7), 440.972 (1m), 440.98 (7), 441.06 (1m), 441.10 (8), 442.05, 443.06 (2) (d), 443.10 (1) (a), (b), (c) and (e), 445.08, 446.02 (3g), 447.02 (3) (a) 2., 447.04 (1) (b), 447.04 (2) (b), 448.53 (3), 448.535 (2), 448.63 (2), 448.82, 448.953 (2), 448.966, 448.9704 (2) (a), 448.974 (1) (b), 449.055, 450.05, 450.071 (3m), 451.08, 454.13 (1), 454.27 (1), 455.04 (3), 456.08, 457.15, 458.06 (4m), 458.08 (4), 459.05 (1m), 459.28 (1), 460.09, 470.06 and 480.12 (1); to renumber 89.073 (3) (a), 440.09 (3) (a), 443.10 (1) (d), 448.535 (1), 448.9704 (2) (b), 454.13 (2), 454.27 (2), 459.28 (2) and 480.12 (2); to renumber and amend 448.974 (1) (a), 458.06 (2) (intro.), 458.08 (2) (intro.) and 459.05 (1); to consolidate, renumber and amend 447.02 (3) (a) (intro.) and 1.; to amend 45.44 (1) (a) 5., 54.25 (2) (c) 1. d., 55.043 (4) (b) 5., 89.06 (1), 89.063, 89.071 (1), 89.0715 (2), 89.073 (title), 89.073 (2) (f), 89.078 (1), 89.078 (2), 89.078 (3), 93.135 (5), 251.06 (3) (e) 3., 321.60 (1) (a) 6m., 440.09 (title), 440.09 (2) (f), 442.04 (1), 442.04 (5) (b) 4., 443.01 (3r) (a), 443.01 (3r) (b), 443.02 (2), 443.02 (3), 443.18 (1) (a), 443.18 (2) (a), 445.07 (2) (b), 447.04 (2) (c) 1., 447.04 (2) (c) 2., 447.04 (2) (d) 1., 447.04 (2) (d) 2., 448.53 (1) (d), 448.54 (3), 448.63 (1) (d) 1., 448.64 (3), 448.9545 (1) (a), 450.01 (15), 450.02 (2) (a), 450.03 (1) (g), 451.04 (2) (d), 451.04 (2) (e), 451.04 (3), 452.05 (3), 452.09 (2) (a), 452.09 (2) (c) (intro.), 452.09 (4) (d), 454.06 (1) (a), 454.23 (2) (a), 458.06 (2) (b), 458.08 (2) (b), 462.03 (1) (intro.), 462.03 (2), 462.03 (3), 462.06 (1) (b) and 961.385 (1) (aL); to repeal and recreate 443.10 (1) (title), 454.13 (title), 454.27 (title), 459.28 (title) and 480.12 (title); and to create 89.073 (3) (ac), 89.073 (3) (am), 89.073 (6), 440.09 (3) (ac), 440.09 (3) (am) and 440.09 (6) of the statutes; relating to: reciprocal credentials.

SB320,,3 Analysis by the Legislative Reference Bureau

This bill expands provisions allowing individuals who hold a license, certification, registration, or permit that was granted by another state to apply for and receive a reciprocal credential in this state.

Under current law, an individual may not engage in certain professions or assume certain titles in this state unless the individual holds a credential issued by the Department of Safety and Professional Services or a credentialing board with authority to oversee the profession or practice. In certain circumstances, an individual who holds a license, certification, or registration from another jurisdiction that authorizes or qualifies the applicant to perform acts that are substantially the same as those acts authorized by a Wisconsin credential may obtain a “reciprocal credential.” Current law generally provides two methods for obtaining a reciprocal credential:

1. Under one of numerous provisions allowing DSPS or a credentialing board to grant a reciprocal credential if certain conditions are met. These provisions do not exist for every profession, and generally require that the requirements in the other jurisdiction in which the individual is licensed, certified, or registered have requirements that are similar to or substantially equivalent to those under Wisconsin law.

2. Under a “universal” provision that requires DSPS or a credentialing board to issue a reciprocal credential if certain conditions are met. This provision does not require that the other jurisdiction’s requirements for granting the license, credential, or registration be similar to or substantially equivalent to those under Wisconsin law and is not limited to specific professions or occupations. However, it is available only to service members, former service members, or the spouses of a service member or former service members who reside in this state. In addition, it requires that the individual be in good standing with the governmental authorities in every jurisdiction outside this state that have granted the license, credential, or registration.

The bill repeals the various profession-specific reciprocal credential provisions described above and expands who may apply for reciprocal credentials under the universal provision to include all individuals, and not only service members and spouses. However, the bill also eliminates the requirement that the applicant reside in this state. Additionally, the bill clarifies that the provision 1) requires that the individual not have any limitation, restriction, or other encumbrance on a credential issued in another state and not be under investigation by a credentialing authority in another state; 2) only provides for the granting of reciprocal credentials to natural persons; and 3) does not apply to temporary credentials or to certain other specified nonstandard credentials, including unarmed combat sports credentials, peddler’s licenses for ex-soldiers, and credentials issued under the Uniform Athlete Agents Act. The bill provides that once an individual applies for a reciprocal credential, the credential is considered to be provisionally granted on that date, and the individual may immediately practice the occupation or profession, subject to the ultimate decision on whether to grant or deny the reciprocal credential. Finally, the bill provides that a person who receives a reciprocal credential must limit his or her practice to the scope of his or her experience, education, and training.

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

SB320,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB320,1 Section 1. 45.44 (1) (a) 5. of the statutes is amended to read:

SB320,,6 45.44 (1) (a) 5. A license, certification, registration, or permit issued under s. 89.06, 89.072, 89.073, 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175 (2), 97.22 (2), 98.145, 98.146, 98.18 (1) (a), or 168.23 (3).

SB320,2 Section 2. 54.25 (2) (c) 1. d. of the statutes is amended to read:

SB320,,8 54.25 (2) (c) 1. d. The right to apply for an operator’s license, a license issued under ch. 29, a license, certification, or permit issued under s. 89.06, 89.072, or 89.073, or a credential, as defined in s. 440.01 (2) (a), if the court finds that the individual is incapable of understanding the nature and risks of the licensed or credentialed activity, to the extent that engaging in the activity would pose a substantial risk of physical harm to the individual or others. A failure to find that an individual is incapable of applying for a license or credential is not a finding that the individual qualifies for the license or credential under applicable laws and rules.

SB320,3 Section 3. 55.043 (4) (b) 5. of the statutes is amended to read:

SB320,,10 55.043 (4) (b) 5. Refer the case to the department of safety and professional services or the department of agriculture, trade and consumer protection, as appropriate, if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 or to hold a license, certification, or permit issued under s. 89.06, 89.072, or 89.073.

SB320,4 Section 4. 89.06 (1) of the statutes is amended to read:

SB320,,12 89.06 (1) Except as provided under ss. 89.072 and s. 89.073, veterinary licenses shall be issued only to persons who successfully pass an examination conducted by the examining board and pay the fee established under s. 89.063. An applicant for an initial license shall be a graduate of a veterinary college that has been approved by the examining board or have successfully completed either the educational commission for foreign veterinary graduates certification program of the American Veterinary Medical Association or the program for the assessment of veterinary education equivalence offered by the American Association of Veterinary State Boards. Persons who qualify for examination may be granted temporary permits to engage in the practice of veterinary medicine in the employment and under the supervision of a veterinarian until the results of the next examination conducted by the examining board are available. In case of failure at any examination, the applicant shall have the privilege of taking subsequent examinations, upon the payment of another fee for each examination.

SB320,5 Section 5. 89.063 of the statutes is amended to read:

SB320,,14 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06, 89.072, and 89.073, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department’s administrative and enforcement costs under this chapter. The department shall notify the holder of each such license, certification, or permit of any fee adjustment under this subsection that affects that license, certification, or permit holder.

SB320,6 Section 6. 89.071 (1) of the statutes is amended to read:

SB320,,16 89.071 (1) If the examining board determines during an investigation of a complaint against a person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 that there is evidence that the credential holder committed misconduct, the examining board may close the investigation by issuing an administrative warning to the credential holder if the examining board determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public.

SB320,7 Section 7. 89.0715 (2) of the statutes is amended to read:

SB320,,18 89.0715 (2) In any disciplinary proceeding against a holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 in which the examining board orders suspension, limitation, or revocation of the credential or reprimands the credential holder, the examining board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the credential holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12 percent per year beginning on the date that payment of the costs are due as ordered by the examining board. Upon the request of the department, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

SB320,8 Section 8. 89.072 of the statutes is repealed.

SB320,9 Section 9. 89.073 (title) of the statutes is amended to read:

SB320,,21 89.073 (title) Reciprocal credentials for service members, former service members, and their spouses.

SB320,10 Section 10. 89.073 (1) of the statutes is repealed.

SB320,11 Section 11. 89.073 (2) (b) of the statutes is repealed.

SB320,12 Section 12. 89.073 (2) (f) of the statutes is amended to read:

SB320,,25 89.073 (2) (f) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a credential does not have any limitation, restriction, or other encumbrance on any license, certification, registration, or permit issued by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform acts authorized under the appropriate credential specified under s. 89.06 and is not under investigation by any such governmental authority.

SB320,13 Section 13. 89.073 (2m) of the statutes is repealed.

SB320,14 Section 14. 89.073 (3) (a) of the statutes is renumbered 89.073 (3) (ag).

SB320,15 Section 15. 89.073 (3) (ac) of the statutes is created to read:

SB320,,29 89.073 (3) (ac) Notwithstanding sub. (2), once an individual applies for a credential under sub. (2) (a), the credential shall be considered to be provisionally granted on that date, and the individual may immediately practice as provided in par. (am), subject to the ultimate decision by the examining board on whether to grant or deny the credential.

SB320,16 Section 16. 89.073 (3) (am) of the statutes is created to read:

SB320,,31 89.073 (3) (am) 1. A reciprocal credential granted under this section shall, except as otherwise provided in this subsection and as otherwise provided by law, be considered in all respects as being equivalent to, subject to the same laws, scope of practice, and procedures as, and considered to confer the same rights, privileges, and authority that are conferred by, the appropriate provisions under s. 89.06.

SB320,,32 2. An individual granted a reciprocal credential under this section shall limit his or her practice to the scope of his or her experience, education, and training.

SB320,17 Section 17. 89.073 (4) of the statutes is repealed.

SB320,18 Section 18. 89.073 (6) of the statutes is created to read:

SB320,,35 89.073 (6) (a) This section applies only to grant reciprocal credentials to individuals.

SB320,,36 (b) This section does not apply to credentials of a temporary nature.

SB320,19 Section 19. 89.078 (1) of the statutes is amended to read:

SB320,,38 89.078 (1) The examining board may conduct an investigation to determine whether an applicant for a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 satisfies any of the eligibility requirements specified for the license, certification, or permit, including, subject to ss. 111.321, 111.322, and 111.335, whether the applicant does not have an arrest or conviction record. In conducting an investigation under this subsection, the examining board may require an applicant to provide any information that is necessary for the investigation.

SB320,20 Section 20. 89.078 (2) of the statutes is amended to read:

SB320,,40 89.078 (2) A person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the examining board within 48 hours after the entry of the judgment of conviction. The examining board shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

SB320,21 Section 21. 89.078 (3) of the statutes is amended to read:

SB320,,42 89.078 (3) The examining board may investigate whether an applicant for or holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 has been charged with or convicted of a crime.

SB320,22 Section 22. 93.135 (5) of the statutes is amended to read:

SB320,,44 93.135 (5) The department shall deny an application for an initial license, certification, or permit issued under s. 89.06, 89.072, or 89.073, or, if applicable, an application for renewal of that license, certification, or permit or revoke a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for or hold that license, certification, or permit.

SB320,23 Section 23. 251.06 (3) (e) 3. of the statutes is amended to read:

SB320,,46 251.06 (3) (e) 3. A public health dental hygienist, who is licensed as a dental hygienist under s. 447.04 (2) (a) or (b), and who meets qualifications that the department shall specify by rule.

SB320,24 Section 24. 321.60 (1) (a) 6m. of the statutes is amended to read:

SB320,,48 321.60 (1) (a) 6m. A license, certification, or permit issued under s. 89.06 or 89.072.

SB320,25 Section 25. 440.09 (title) of the statutes is amended to read:

SB320,,50 440.09 (title) Reciprocal credentials for service members, former service members, and their spouses.

SB320,26 Section 26. 440.09 (1) of the statutes is repealed.

SB320,27 Section 27. 440.09 (2) (b) of the statutes is repealed.

SB320,28 Section 28. 440.09 (2) (f) of the statutes is amended to read:

SB320,,54 440.09 (2) (f) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a does not have any limitation, restriction, or other encumbrance on any license, certification, registration, or permit issued by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform acts authorized under the appropriate credential granted by the department or credentialing board and is not under investigation by any such governmental authority.

SB320,29 Section 29. 440.09 (2m) of the statutes is repealed.

SB320,30 Section 30. 440.09 (3) (a) of the statutes is renumbered 440.09 (3) (ag).

SB320,31 Section 31. 440.09 (3) (ac) of the statutes is created to read:

SB320,,58 440.09 (3) (ac) Notwithstanding sub. (2), once an individual applies for a credential under sub. (2) (a), the credential shall be considered to be provisionally granted on that date, and the individual may immediately practice as provided in par. (am), subject to the ultimate decision by the department or credentialing board on whether to grant or deny the credential.

SB320,32 Section 32. 440.09 (3) (am) of the statutes is created to read:

SB320,,60 440.09 (3) (am) 1. A reciprocal credential granted under this section shall, except as otherwise provided in this subsection and as otherwise provided by law, be considered in all respects as being equivalent to, subject to the same laws, scope of practice, and procedures as, and considered to confer the same rights, privileges, and authority that are conferred by, the appropriate credential granted by the department or credentialing board under the appropriate provisions under chs. 440 to 480.

SB320,,61 2. An individual granted a reciprocal credential under this section shall limit his or her practice to the scope of his or her experience, education, and training.

SB320,33 Section 33. 440.09 (4) of the statutes is repealed.

SB320,34 Section 34. 440.09 (6) of the statutes is created to read:

SB320,,64 440.09 (6) (a) Only an individual may be granted a reciprocal credential under this section.

SB320,,65 (b) This section does not apply to any of the following: