SB400: Bill Text

SB400,4,23 154.01 (3) (b) A physician assistant licensed under ch. 448.

SB400,10 Section 10. 155.01 (1g) (c) of the statutes is amended to read:

SB400,5,3 155.01 (1g) (c) A physician assistant licensed under ch. 448 who a physician responsible for overseeing the physician assistant's practice affirms is competent to conduct evaluations of the capacity of patients to manage health care decisions.

SB400,11 Section 11. 155.01 (7) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

SB400,5,22 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch. 466, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is practicing under the authority to practice interjurisdictional telepsychology, as defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch. 448, an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XII of ch. 448, a physician assistant who holds a compact privilege under subch. XIII of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

SB400,12 Section 12. 252.14 (1) (ar) 14. of the statutes is renumbered 252.14 (1) (ar) 4rm.

SB400,13 Section 13. 252.15 (1) (am) of the statutes is repealed and recreated to read:

SB400,6,2 252.15 (1) (am) “Health care professional" means a physician, physician assistant, or nurse.

SB400,14 Section 14. 440.03 (9) (a) (intro.) of the statutes is amended to read:

SB400,6,8 440.03 (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 448.9885 (2) by doing all of the following:

SB400,15 Section 15. 440.03 (9) (a) 2. of the statutes is amended to read:

SB400,6,24 440.03 (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 448.9885 (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.

SB400,16 Section 16 . 440.03 (11m) (c) 2c. of the statutes is created to read:

SB400,7,3 440.03 (11m) (c) 2c. The coordinated data and reporting system under s. 448.988 (8), if such disclosure is required under the PA licensure compact under s. 448.988.

SB400,17 Section 17 . 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB400,7,11 440.03 (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., 448.988 (3) (a) 5., and 455.50 (3) (e) 4. and (f) 4.:

SB400,18 Section 18 . 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1. (intro.) and amended to read:

SB400,7,16 440.03 (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:

SB400,7,18 a. An applicant for a private detective license or a private security permit under s. 440.26, an.

SB400,7,20 b. An applicant for a juvenile martial arts instructor permit under sub. (17), an.

SB400,7,22 c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an.

SB400,7,23 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.

SB400,7,24 e. An applicant for a compact license under s. 448.05 (2) (f), an.

SB400,8,2 f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an.

SB400,8,6 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

SB400,8,7 h. An applicant for a psychologist license under s. 455.04, and a.

SB400,8,10 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.

SB400,8,20 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.

SB400,8,23 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.

SB400,19 Section 19 . 440.03 (13) (c) 1. i. of the statutes is created to read:

SB400,9,3 440.03 (13) (c) 1. i. An applicant for a physician assistant license or compact privilege under s. 448.974 when required pursuant to the PA licensure compact under s. 448.988.

SB400,20 Section 20 . 440.094 (1) (c) 4. of the statutes is amended to read:

SB400,9,6 440.094 (1) (c) 4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

SB400,21 Section 21 . 440.094 (1) (c) 9m. of the statutes is created to read:

SB400,9,8 440.094 (1) (c) 9m. A physician assistant licensed under subch. IX of ch. 448.

SB400,22 Section 22 . 440.15 of the statutes is amended to read:

SB400,9,15 440.15 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., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and (f) 4., 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.

SB400,23 Section 23. 448.015 (4) (am) 2m. of the statutes is renumbered 448.978 (1g) (a) and amended to read:

SB400,9,20 448.978 (1g) (a) A “ Unprofessional conduct” includes a determination made by a physician assistant under ch. 154 or 155 if the physician assistant does not have sufficient education, training, and experience to make the determination.

SB400,24 Section 24. 448.971 (1L) of the statutes is created to read:

SB400,9,22 448.971 (1L) “Compact” means the PA licensure compact under s. 448.988.

SB400,25 Section 25. 448.971 (1m) of the statutes is created to read:

SB400,10,3 448.971 (1m) “Compact privilege” means a compact privilege, as defined in s. 448.988 (2) (b), that is granted under the compact to an individual to practice in this state.

SB400,26 Section 26. 448.971 (2) of the statutes is amended to read:

SB400,10,6 448.971 (2) “Physician assistant” means a person who is licensed under this subchapter or who holds a compact privilege.

SB400,27 Section 27. 448.972 (1) of the statutes is amended to read:

SB400,10,13 448.972 (1) Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or “physician assistant," or append to the person's name the words or letters “physician assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant, unless he or she is licensed by the board under this subchapter or holds a compact privilege.

SB400,28 Section 28. 448.972 (1) of the statutes is amended to read:

SB400,10,20 448.972 (1) Except as provided in subs. (2) and (3), no person may represent himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or “physician assistant," or append to the person's name the words or letters “physician assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents or may tend to represent the person as a physician assistant, unless he or she is licensed by the board under this subchapter or holds a compact privilege.

SB400,29 Section 29. 448.973 (2) of the statutes is amended to read:

SB400,10,25 448.973 (2) The board shall include in the register the board maintains under s. 440.035 (1m) (d) the names name of all persons each person whose licenses license or compact privilege issued under this subchapter were was suspended or revoked within the past 2 years. The register shall be available for purchase at cost.

SB400,30 Section 30. 448.974 (title) of the statutes is amended to read:

SB400,11,2 448.974 (title) License; compact privilege; renewal.

SB400,31 Section 31. 448.974 (1m) of the statutes is created to read:

SB400,11,5 448.974 (1m) The board shall grant a compact privilege to any applicant who satisfies all of the following:

SB400,11,8 (a) The applicant holds a qualifying license, as defined in s. 448.988 (2) (r), in another state that is a party to the compact and satisfies all other requirements under s. 448.988 (4).

SB400,11,10 (b) The individual applies for the compact privilege in the manner prescribed by the department.

SB400,11,12 (c) The individual pays any fee established by the department under s. 448.9885 (2).

SB400,32 Section 32. 448.974 (2) of the statutes is renumbered 448.974 (2) (am) and amended to read:

SB400,11,18 448.974 (2) (am) 1. The renewal date for a license issued under this subchapter is specified under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). Renewal of a license is subject to par. (b) subd. 2.

SB400,11,24 2. An applicant for the renewal of a license under this subchapter shall submit with his or her application for renewal proof of having satisfied the continuing education requirements imposed by the board under s. 448.973 (1) (b). This paragraph subdivision does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.

SB400,33 Section 33. 448.974 (2) (bm) of the statutes is created to read:

SB400,12,3 448.974 (2) (bm) Renewal of a compact privilege shall be governed by s. 448.988 (4) (b), except that the board may impose requirements for prescribing controlled substances in accordance with s. 448.988 (4) (d).

SB400,34 Section 34. 448.978 (1) of the statutes is renumbered 448.978 (1r).

SB400,35 Section 35. 448.978 (2) (intro.) of the statutes is amended to read:

SB400,12,9 448.978 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), if a person who applies for or holds a license or compact privilege issued under s. 448.974 does any of the following, the board may reprimand the person or deny, limit, suspend, or revoke the person's license or compact privilege:

SB400,36 Section 36. 448.978 (2) (a) of the statutes is amended to read:

SB400,12,13 448.978 (2) (a) Makes a material misstatement in an application for a license or compact privilege or an application for renewal of a license or compact privilege under s. 448.974.

SB400,37 Section 37. 448.978 (2) (d) (intro.) of the statutes is renumbered 448.978 (2) (d) and amended to read:

SB400,12,16 448.978 (2) (d) Engages in unprofessional conduct.

SB400,12,17 (1g) In this paragraph, “unprofessional section:

SB400,12,18 (b) “Unprofessional conduct" does not include any of the following:

SB400,38 Section 38. 448.978 (2) (d) 1. and 2. of the statutes are renumbered 448.978 (1g) (b) 1. and 2.

SB400,39 Section 39. 448.978 (2) (g) of the statutes is amended to read:

SB400,12,23 448.978 (2) (g) Engages in fraud or deceit in obtaining or using his or her license or compact privilege.

SB400,40 Section 40 . Subchapter XIII of chapter 448 [precedes 448.988] of the statutes is created to read:

SB400,13,1 chapter 448

SB400,13,2 Subchapter XIII

SB400,13,3 PA LICENSURE COMPACT

SB400,13,21 448.988 PA licensure compact. (1) Purpose. In order to strengthen access to medical services, and in recognition of the advances in the delivery of medical services, the participating states of the PA licensure compact have allied in common purpose to develop a comprehensive process that complements the existing authority of state licensing boards to license and discipline PAs and seeks to enhance the portability of a license to practice as a PA while safeguarding the safety of patients. This compact allows medical services to be provided by PAs, via the mutual recognition of the licensee's qualifying license by other compact participating states. This compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of medical services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the state licensing board where the patient is located. State licensing boards that participate in this compact retain the jurisdiction to impose adverse action against a compact privilege in that state issued to a PA through the procedures of this compact. The PA licensure compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a compact privilege based on having an unrestricted license in good standing from a participating state.

SB400,13,22 (2) Definitions. In this compact:

SB400,14,2 (a) “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a PA license or license application or compact privilege such as license denial, censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.

SB400,14,6 (b) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another participating state to practice as a PA to provide medical services and other licensed activity to a patient located in the remote state under the remote state's laws and regulations.

SB400,14,9 (c) “Conviction” means a finding by a court that an individual is guilty of a felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender

SB400,14,13 (d) “Criminal background check” means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 CFR 20.3 (d), from the state's criminal history record repository as defined in 28 CFR 20.3 (f).

SB400,14,16 (e) “Data system” means the repository of information about licensees, including but not limited to license status and adverse actions, which is created and administered under the terms of this compact.

SB400,14,18 (f) “Executive committee” means a group of directors and ex officio individuals elected or appointed pursuant to sub. (7) (f) 2.

SB400,14,20 (g) “Impaired practitioner” means a PA whose practice is adversely affected by health-related condition(s) that impact their ability to practice.

SB400,14,22 (h) “Investigative information” means information, records, or documents received or generated by a licensing board pursuant to an investigation.