4. Nothing in this subsection shall be construed as requiring a separate hearing on each proposed rule. Proposed rules may be grouped for the convenience of the commission at hearings required by this subsection.
(j) Following the public hearing the commission shall consider all written and oral comments timely received.
(k) The commission shall, by majority vote of all delegates, take final action on the proposed rule and shall determine the effective date of the rule, if adopted, based on the rule-making record and the full text of the rule.
1. If adopted, the rule shall be posted on the commission’s website.
2. The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.
3. The commission shall provide on its website an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
4. The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in par. (L), the effective date of the rule shall be no sooner than thirty (30) days after the commission issued the notice that it adopted the rule.
(L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with twenty-four (24) hours prior notice, without the opportunity for comment, or hearing, provided that the usual rule-making procedures provided in this compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately by the commission in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of commission or participating state funds;
3. Meet a deadline for the promulgation of a commission rule that is established by federal law or rule; or
4. Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted commission rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made as set forth in the notice of revisions and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
(n) No participating state’s rule-making requirements shall apply under this compact.
(10) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.
2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.
3. The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or the commission’s rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission with service of process shall render a judgment or order in such proceeding void as to the commission, this compact, or commission rules.
(b) Default, technical assistance, and termination. 1. If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the commission rules, the commission shall provide written notice to the defaulting state and other participating states. The notice shall describe the default, the proposed means of curing the default and any other action that the commission may take and shall offer remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the delegates of the participating states, and all rights, privileges and benefits conferred by this compact upon such state may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of participation in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and to the licensing board(s) of each of the participating states.
4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.
6. The defaulting state may appeal its termination from the compact by the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.
7. Upon the termination of a state’s participation in the compact, the state shall immediately provide notice to all licensees within that state of such termination:
a. Licensees who have been granted a compact privilege in that state shall retain the compact privilege for one hundred eighty (180) days following the effective date of such termination.
b. Licensees who are licensed in that state who have been granted a compact privilege in a participating state shall retain the compact privilege for one hundred eighty (180) days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the one hundred eighty (180)-day period ends, in which case the compact privilege shall continue.
(c) Dispute resolution. 1. Upon request by a participating state, the commission shall attempt to resolve disputes related to this compact that arise among participating states and between participating and nonparticipating states.
2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
(d) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and rules of the commission.
2. If compliance is not secured after all means to secure compliance have been exhausted, by majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices, against a participating state in default to enforce compliance with the provisions of this compact and the commission’s promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
(e) Legal action against the commission. 1. A participating state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.
2. No person other than a participating state shall enforce this compact against the commission.
(11) Date of implementation of the PA licensure compact commission. (a) This compact shall come into effect on the date on which this compact statute is enacted into law in the seventh participating state.
1. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening (“charter participating states”) to determine if the statute enacted by each such charter participating state is materially different than the model compact.
a. A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in sub. (10) (b).
b. If any participating state later withdraws from the compact or its participation is terminated, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than seven. Participating states enacting the compact subsequent to the commission convening shall be subject to the process set forth in sub. (7) (c) 21. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
2. Participating states enacting the compact subsequent to the seven initial charter participating states shall be subject to the process set forth in sub. (7) (c) 21. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
(b) Any state that joins this compact shall be subject to the commission’s rules and bylaws as they exist on the date on which this compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day this compact becomes law in that state.
(c) Any participating state may withdraw from this compact by enacting a statute repealing the same.
1. A participating state’s withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute. During this one hundred eighty (180) day-period, all compact privileges that were in effect in the withdrawing state and were granted to licensees licensed in the withdrawing state shall remain in effect. If any licensee licensed in the withdrawing state is also licensed in another participating state or obtains a license in another participating state within the one hundred eighty (180) days, the licensee’s compact privileges in other participating states shall not be affected by the passage of the one hundred eighty (180) days.
2. Withdrawal shall not affect the continuing requirement of the state licensing board(s) of the withdrawing state to comply with the investigative, and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing a state from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Such withdrawing state shall continue to recognize all licenses granted pursuant to this compact for a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.
(d) Nothing contained in this compact shall be construed to invalidate or prevent any PA licensure agreement or other cooperative arrangement between participating states and between a participating state and nonparticipating state that does not conflict with the provisions of this compact.
(e) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted materially in the same manner into the laws of all participating states as determined by the commission.
(12) Construction and severability. (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding par. (b) or this subsection, the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (10) (b), terminate a participating state’s participation in the compact, if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
(13) Binding effect of compact. (a) Nothing herein prevents the enforcement of any other law of a participating state that is not inconsistent with this compact.
(b) Any laws in a participating state in conflict with this compact are superseded to the extent of the conflict.
(c) All agreements between the commission and the participating states are binding in accordance with their terms.
448.9885 Implementation of the PA licensure compact. (1) In this section:
(a) “Board” means the physician assistant affiliated credentialing board.
(b) “Compact” means the PA licensure compact under s. 448.988.
(c) “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.
(2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 448.988 (3) (b).
(3) (a) An individual who holds a compact privilege shall comply with s. 440.03 (13) (am).
(b) Subject to s. 448.988 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who holds a compact privilege in the same manner that they apply to holders of licenses issued under subch. IX.
SB1,233Section 233. 449.06 (1) of the statutes is amended to read: 449.06 (1) Persons practicing optometry shall, on or before the applicable renewal date specified determined under s. 440.08 (2) (a), register with, submit a renewal application to the department, pay the applicable renewal fee determined by the department under s. 440.03 (9) (a), and provide evidence satisfactory to the examining board that he or she has complied with the rules promulgated under sub. (2m).
SB1,234Section 234. 449.06 (2m) of the statutes is amended to read: 449.06 (2m) The examining board shall promulgate rules requiring a person who is issued a license to practice optometry to complete, during the each 2-year period within the 4-year period immediately preceding the person’s renewal date specified in determined under s. 440.08 (2) (a), not less than 30 hours of continuing education. The rules shall include requirements that apply only to optometrists who are allowed to use topical ocular diagnostic pharmaceutical agents under s. 449.17 or who are allowed to use therapeutic pharmaceutical agents or remove foreign bodies from an eye or from an appendage to the eye under s. 449.18.
SB1,235Section 235. 450.04 (4) of the statutes is created to read: 450.04 (4) (a) The board may not require an applicant to pass a statutes and rules examination as a condition of licensure as a pharmacist.
(b) The board may require an applicant to affirm that the applicant has read and understands the statutes and rules that apply to the applicant’s practice.
SB1,236Section 236. 450.08 (1) of the statutes is amended to read: 450.08 (1) The renewal dates for all licenses and registrations granted by the board are specified determined under s. 440.08 (2) (a). Except as provided under sub. (2) (a), only a holder of an unexpired license or registration may engage in his or her licensed activity.
SB1,237Section 237. 450.08 (2) (a) of the statutes is amended to read: 450.08 (2) (a) A pharmacist’s license may be renewed by complying with continuing education requirements under s. 450.085 and paying the applicable fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified determined under s. 440.08 (2) (a). Notwithstanding s. 440.08 (3) (a), if a pharmacist fails to obtain renewal by that date, the board may suspend the pharmacist’s license, and the board may require the pharmacist to pass an examination to the satisfaction of the board to restore that license.
SB1,238Section 238. 450.08 (2) (b) of the statutes is amended to read: 450.08 (2) (b) A pharmacy, pharmacy technician’s, manufacturer’s, distributor’s, or home medical oxygen provider’s license or registration may be renewed by paying the applicable fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified determined under s. 440.08 (2) (a).
SB1,239Section 239. 450.085 (1) of the statutes is amended to read: 450.085 (1) An applicant for renewal of a license under s. 450.08 (2) (a) shall submit proof that he or she has completed, within the each 2-year period within the 4-year period immediately preceding the date of his or her application, 30 hours of continuing education in courses conducted by a provider that is approved by the Accreditation Council for Pharmacy Education or in courses approved by the board. Courses specified in s. 450.035 (1r) and (2) are courses in continuing education for purposes of this subsection. This subsection 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.
SB1,240Section 240. 450.10 (3) (a) 5. of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read: 450.10 (3) (a) 5. A physician, physician assistant, podiatrist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448, a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch. 448, or an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XII of ch. 448, or a physician assistant who holds a compact privilege under subch. XIII of ch. 448.
SB1,241Section 241. 450.10 (3) (a) 10. of the statutes is amended to read: 450.10 (3) (a) 10. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457, as those terms are defined under subch. I of ch. 457.
SB1,242Section 242. 450.10 (3) (a) 11. of the statutes is amended to read: 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.
SB1,243Section 243. 451.04 (4) of the statutes is amended to read: 451.04 (4) Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).
SB1,244Section 244. 452.05 (1) (d) of the statutes is amended to read: 452.05 (1) (d) After consultation with the council on real estate curriculum and examinations, brokers and salespersons licensed under this chapter, and interested members of the public, establish continuing educational requirements that require brokers and salespersons to complete 18 hours of continuing education per 2-year period. The board shall also establish criteria for the approval of continuing educational programs and courses in real estate related subjects required for renewal under s. 452.12 (5) (c).
SB1,245Section 245. 452.10 (2) of the statutes is repealed. SB1,246Section 246. 452.12 (1) of the statutes is amended to read: 452.12 (1) Expiration. A license granted by the board entitles the holder to act as a broker or salesperson, as the case may be, until the applicable renewal date specified determined under s. 440.08 (2) (a).
SB1,247Section 247. 452.12 (5) (a) of the statutes is amended to read: 452.12 (5) (a) Renewal applications for all licenses shall be submitted with the applicable renewal fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified determined under s. 440.08 (2) (a). The department shall pay $10 of each renewal fee received under this paragraph to the Board of Regents of the University of Wisconsin System for research and educational, public outreach, and grant activities under s. 36.25 (34).
