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).
SB1,248Section 248. 452.12 (5) (c) of the statutes is amended to read: 452.12 (5) (c) At the time of renewal, each broker or salesperson who is an individual shall submit proof of attendance at and successful completion of continuing education programs or courses approved satisfying the continuing education requirements established under s. 452.05 (1) (g) (d).
SB1,249Section 249. 452.132 (2) (c) of the statutes is amended to read: 452.132 (2) (c) Before a licensee becomes associated with the firm and at the beginning of each biennial 4-year licensure period, ensure that the licensee holds a valid license.
SB1,250Section 250. 454.06 (8) of the statutes is amended to read: 454.06 (8) Expiration and renewal. The renewal date for licenses issued under subs. (2) to (6) is specified shall be as determined under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). The examining board may not renew a license issued to a person under subs. (2) to (6) unless the person certifies to the examining board that the person has reviewed the current digest under s. 454.125.
SB1,251Section 251. 454.08 (9) of the statutes is amended to read: 454.08 (9) The renewal date for licenses issued under this section is specified shall be as determined under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).
SB1,252Section 252. 454.23 (5) of the statutes is amended to read: 454.23 (5) Expiration and renewal. The renewal date for a license granted under sub. (2) is specified shall be as determined under s. 440.08 (2) (a), and the renewal fee for that license is determined by the department under s. 440.03 (9) (a). The department may not renew a license granted to a person under this section unless the person certifies to the department that the person has reviewed the current digest under s. 454.267.
SB1,253Section 253. 454.25 (9) of the statutes is amended to read: 454.25 (9) The renewal date for a barbering establishment license is specified shall be as determined under s. 440.08 (2) (a), and the renewal fee for a barbering establishment license is determined by the department under s. 440.03 (9) (a).
SB1,254Section 254. 455.06 (1) (a) of the statutes is amended to read: 455.06 (1) (a) Except as provided in par. (b), the renewal dates for licenses issued under this subchapter or under s. 455.04 (4), 2019 stats., are specified shall be as determined under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).
SB1,255Section 255. 455.065 (7) of the statutes is amended to read: 455.065 (7) Grant an exemption from the continuing education requirements under this section to a psychologist who certifies to the examining board that he or she has permanently retired from the practice of psychology. A psychologist who has been granted an exemption under this subsection may not return to active practice without submitting evidence satisfactory to the examining board of having completed the required continuing education credits within the 2-year 4-year period prior to the return to the practice of psychology.
SB1,256Section 256. 456.07 (title) of the statutes is repealed and recreated to read: 456.07 (title) Renewal.
SB1,257Section 257. 456.07 (1) and (3) of the statutes are repealed. SB1,258Section 258. 456.07 (2) of the statutes is amended to read: 456.07 (2) The application for a new certificate of registration The renewal date for a license issued under this subchapter shall be as determined under s. 440.08 (2). A renewal application shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a), a report of any facts requested by the examining board on forms provided for such purpose, and evidence satisfactory to the examining board that during the biennial period immediately preceding application for registration the renewal date, the applicant has attended a continuing education program or course of study. During the time between initial licensure and commencement of a full 2-year licensure period, new licensees shall not be required to meet continuing education requirements. All registration fees are payable on or before the applicable renewal date specified under s. 440.08 (2) (a).
SB1,259Section 259. 456.07 (5) of the statutes is amended to read: 456.07 (5) Only an individual who has qualified as a is licensed and registered as a nursing home administrator under this chapter and who holds a valid current registration certificate under this section for the current registration period may use the title “Nursing Home Administrator”, and the abbreviation “N.H.A.” after the person’s name. No other person may use or be designated by such title or such abbreviation or any other words, letters, sign, card or device tending to or intended to indicate that the person is a licensed and registered nursing home administrator.
SB1,260Section 260. Chapter 457 (title) of the statutes is amended to read: CHAPTER 457
MARRIAGE AND FAMILY THERAPY,
PROFESSIONAL COUNSELING, AND
SOCIAL WORK EXAMINING BOARD
