SE3 SB1: Text as Enrolled

4n. The department shall promulgate rules for the implementation of subds. 1n. to 3n.

SB1,108 Section 108. 440.08 (2) (ag) (intro.) of the statutes is created to read:

440.08 (2) (ag) (intro.) For the purpose of par. (a), the general renewal dates and years for credentials to which this subsection applies are as follows:

SB1,109 Section 109. 440.08 (2) (ar) of the statutes is created to read:

440.08 (2) (ar) 1. Notwithstanding pars. (a), (ag), and (c) and chs. 440 to 480, the department may, in cooperation with credentialing boards, establish a system to transition credential holders from 2-year credential periods under chs. 440 to 480, 2021 stats., to 4-year credential periods by phasing in the application of par. (a). The department shall promulgate rules to implement any transition system established under this paragraph, which shall not allow for more than one 2-year renewal of a credential after the effective date of this subdivision .... [LRB inserts date].

2. a. Notwithstanding the requirement to pay the renewal fee under par. (c), a person who renews a credential for 2 years pursuant to the transition system established under this paragraph is required to pay only one-half of the renewal fee that applies to a person renewing a credential for 4 years.

b. Notwithstanding the fees for credential renewals approved under s. 440.03 (9), if the department transitions credential holders from 2-year credential periods under chs. 440 to 480, 2021 stats., to 4-year credential periods before revised renewal fees can be approved under s. 440.03 (9), the department may double the applicable renewal fee until a revised fee can be approved under s. 440.03 (9).

SB1,110 Section 110. 440.08 (2) (b) of the statutes is amended to read:

440.08 (2) (b) The renewal fee for an apprentice, journeyman, student or temporary credential is $10. The renewal dates specified in par. (a) determined under pars. (a) to (ar) do not apply to apprentice, journeyman, student or temporary credentials.

SB1,111 Section 111. 440.08 (2) (c) of the statutes is renumbered 440.08 (2r) (a) and amended to read:

440.08 (2r) (a) Except as provided in par. (e) (d) and sub. (3), renewal applications shall include the applicable renewal fee as determined by the department under s. 440.03 (9) (a) or as specified in par. (b).

SB1,112 Section 112. 440.08 (2) (d) of the statutes is renumbered 440.08 (2r) (c).

SB1,113 Section 113. 440.08 (2) (e) of the statutes is renumbered 440.08 (2r) (d).

SB1,114 Section 114. 440.08 (2r) (title) of the statutes is created to read:

440.08 (2r) (title) Renewal fees and applications.

SB1,115 Section 115. 440.08 (2r) (b) of the statutes is created to read:

440.08 (2r) (b) The renewal fee for an apprentice, journeyman, student, or temporary credential is $10.

SB1,116 Section 116. 440.08 (3m) of the statutes is created to read:

440.08 (3m) Continuing education. The department or the interested examining board or affiliated credentialing board, as appropriate, may, as provided in s. 440.20 (6), specify makeup continuing education requirements that must be completed in order for the holder of a credential who fails to complete continuing education requirements within a required period to be able to renew the credential, notwithstanding the failure.

SB1,117 Section 117. 440.08 (4) (a) of the statutes is amended to read:

440.08 (4) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) (2r) (a) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential.

SB1,118 Section 118. 440.09 (title) of the statutes is amended to read:

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

SB1,119 Section 119. 440.09 (1) of the statutes is repealed.

SB1,120 Section 120. 440.09 (1m) (title) of the statutes is created to read:

440.09 (1m) (title) Reciprocal credentials; generally.

SB1,121 Section 121. 440.09 (1m) (b) 6. and 7. of the statutes are created to read:

440.09 (1m) (b) 6. The individual does not have any limitation, restriction, or other encumbrance on any credential issued by a governmental authority in a state other than 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 governmental authority in a state other than this state related to any credential possessed by the individual that qualifies the individual to perform acts authorized under the appropriate credential granted by the department or credentialing board.

7. Subject to ss. 111.321, 111.322, and 111.335, the individual does not have an arrest or conviction record.

SB1,122 Section 122. 440.09 (1m) (c) 1. of the statutes, as affected by 2023 Wisconsin Act.... (this act), is amended to read:

440.09 (1m) (c) 1. A reciprocal credential granted under this subsection expires on the applicable renewal date specified in determined under s. 440.08 (2) (a), except that if the first renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted is within 180 365 days of the date on which the credential is granted, the credential expires on the 2nd renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted.

SB1,123 Section 123. 440.09 (2) (intro.) of the statutes is renumbered 440.09 (1m) (intro.).

SB1,124 Section 124. 440.09 (2) (a) of the statutes is renumbered 440.09 (1m) (b) 1. and amended to read:

440.09 (1m) (b) 1. The individual applies for a reciprocal credential under this section subsection on a form prescribed by the department or credentialing board.

SB1,125 Section 125. 440.09 (2) (b) of the statutes is repealed.

SB1,126 Section 126. 440.09 (2) (c) of the statutes is renumbered 440.09 (1m) (b) 3. and amended to read:

440.09 (1m) (b) 3. The individual holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside state other than this state that qualifies the individual to perform the acts authorized under the appropriate credential granted by the department or credentialing board.

SB1,127 Section 127. 440.09 (2) (d) of the statutes is renumbered 440.09 (1m) (b) 4.

SB1,128 Section 128. 440.09 (2) (f) of the statutes is renumbered 440.09 (1m) (b) 5. and amended to read:

440.09 (1m) (b) 5. The individual is in good standing with the governmental authorities in every jurisdiction outside state other than this state that have granted the individual a license, certification, registration, or permit that qualifies the individual to perform acts authorized under the appropriate credential granted by the department or credentialing board.

SB1,129 Section 129. 440.09 (2g) of the statutes is created to read:

440.09 (2g) Reciprocal credentials; exceptions. Subsection (1m) does not apply to a reciprocal credential issued by the accounting examining board or the real estate examining board that grants the holder a limited right to practice law in this state, unless the applicant is licensed to practice law in this state.

SB1,130 Section 130. 440.09 (2m) of the statutes is repealed.

SB1,131 Section 131. 440.09 (2r) of the statutes is created to read:

440.09 (2r) Reciprocal credentials; health care provider credentials. (a) In this subsection, “health care provider credential” means any credential specified in s. 440.094 (1) (c).

(b) 1. The department shall, for each health care provider credential, do all of the following:

a. Determine whether there are any provisions under chs. 440 to 480 for granting a reciprocal credential corresponding to that credential that require an examination of the equivalence, comparability, or similarity of the credentialing requirements in other states or territories in the United States to the laws under chs. 440 to 480, or rules promulgated thereunder, for granting that credential.

b. For each provision identified under subd. 1. a., review the laws of every other state to determine if and how the laws of each state compare to the laws of this state and whether each state’s laws qualify, for purposes of granting a reciprocal credential under that provision. The department shall also, as applicable, similarly review the laws of other territories in the United States.

c. Post the results of the department’s reviews under subd. 1. b. on the department’s website.

2. a. The department shall consult with the appropriate credentialing boards in performing the duties specified under subd. 1.

b. The department shall perform the duties under subd. 1. and update the results posted under subd. 1. c. at least every 4 years.

SB1,132 Section 132. 440.09 (3) of the statutes is renumbered 440.09 (1m) (c), and 440.09 (1m) (c) 1., as renumbered, is amended to read:

440.09 (1m) (c) 1. A reciprocal credential granted under this section subsection expires on the applicable renewal date specified in s. 440.08 (2) (a), except that if the first renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted is within 180 days of the date on which the credential is granted, the credential expires on the 2nd renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted.

SB1,133 Section 133. 440.09 (4) and (5) of the statutes are renumbered 440.09 (1m) (d) and (e) and amended to read:

440.09 (1m) (d) The department or credentialing board, as appropriate, shall expedite the issuance of a reciprocal credential granted under this section subsection.

(e) The department or credentialing board, as appropriate, may promulgate rules necessary to implement this section subsection.

SB1,134 Section 134. 440.094 (title), (1) (c) (intro.), 3., 4. and 5. and (2) of the statutes are amended to read:

440.094 (title) Practice by health care providers credential holders from other states.

(1) (c) (intro.) “Health care provider” means an individual who holds a valid, unexpired remote credential granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:

3. A dentist, dental hygienist, or expanded function dental auxiliary licensed or certified under ch. 447.

4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.

(2) Practice by health care providers credential holders from other states. (a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider chs. 440 to 480, an individual who holds a valid, unexpired remote credential may provide for an employer services that are within the scope of the remote credential that the health care provider individual holds, and the department shall grant the health care provider individual a temporary preliminary credential to practice under this section, if all of the following apply:

1. The health care provider individual applies to the department for a temporary preliminary credential under this section within 30 days of beginning to provide health care services for a health care an employer. The health care provider individual shall include in the application an attestation of all of the following:

a. The date on which the health care provider individual first provided health care services in this state under this section.

b. That the health care provider individual holds a valid, unexpired remote credential granted in another state.

c. The health care provider individual is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s individual’s remote credential by the credentialing state that issued the remote credential or by any other jurisdiction.

d. The health care provider individual has applied for a permanent, state-issued credential granted by the department or an examining a credentialing board, as applicable, under chs. 440 to 480 that corresponds to his or her remote credential. This subd. 1. d. does not apply to a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends.

2. If the health care provider individual provides services other than services provided through telehealth as described in sub. (3), the health care individual’s employer of the health care provider attests to all of the following to the department within 10 days of the date on which the health care provider individual begins providing health care services in this state under this section:

a. The health care employer has confirmed that the health care provider individual holds a valid, unexpired remote credential granted by another state.

b. To the best of the health care employer’s knowledge and with a reasonable degree of certainty, the health care provider individual is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s individual’s remote credential by the credentialing state or any other jurisdiction.

(b) A health care provider An individual who practices within the scope of a temporary preliminary credential granted under this section has all rights and is subject to all responsibilities, malpractice insurance requirements, limitations on scope of practice, and other provisions that apply under chs. 440 to 480 to the practice of the health care provider under the state-issued credential described in par. (a) 1. d.

(c) 1. A temporary preliminary credential granted under this section becomes effective on the date identified in the attestation under par. (a) 1. a. that the health care provider individual first provided health care services in this state under this section.

2. a. Except as provided in subd. 2. b., a temporary preliminary credential granted under this section expires on the date that the department, or an examining a credentialing board in the department, as applicable, grants or denies the application under par. (a) 1. d. for a permanent state-issued credential submitted by the health care provider individual.

b. If a the individual is a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends, a temporary preliminary credential granted under this section to the health care provider individual expires 30 days after the national emergency ends.

SB1,135 Section 135. 440.094 (1) (b) of the statutes is repealed.

SB1,136 Section 136. 440.094 (1) (c) 9g., 9m., 17. and 19., (d), (e) and (f) of the statutes are created to read:

440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.

9m. A physician assistant licensed under subch. IX of ch. 448.

17. A radiographer licensed under ch. 462.

19. A naturopathic doctor licensed under ch. 466.

(d) “Remote credential” means a license, permit, certificate, or registration granted to an individual by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that an individual who holds a state-issued credential is authorized or qualified to perform.

(e) “Services” means actions that are within the scope of practice that is defined for a state-issued credential.

(f) “State-issued credential” means a credential, as defined in s. 440.01 (2) (a).

SB1,137 Section 137. 440.094 (1) (c) 14. of the statutes is amended to read:

440.094 (1) (c) 14. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a clinical substance abuse counselor certified under s. 440.88.

SB1,138 Section 138. 440.094 (3) of the statutes is amended to read:

440.094 (3) Telehealth. A health care provider who practices within the scope of a temporary preliminary credential granted under this section may provide services through telehealth to a patient located in this state.

SB1,139 Section 139. 440.094 (4) of the statutes is created to read: