Amendment SE3 SSA1-SB1

SB1-SSA1,122 Section 122. 440.09 (1m) (c) 1. of the statutes, as affected by 2023 Wisconsin Act.... (this act), is amended to read:

SB1-SSA1,60,2 440.09 (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-SSA1,123 Section 123. 440.09 (2) (intro.) of the statutes is renumbered 440.09 (1m) (intro.).

SB1-SSA1,124 Section 124. 440.09 (2) (a) of the statutes is renumbered 440.09 (1m) (b) 1. and amended to read:

SB1-SSA1,60,8 440.09 (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SB1-SSA1,125 Section 125. 440.09 (2) (b) of the statutes is repealed.

SB1-SSA1,126 Section 126. 440.09 (2) (c) of the statutes is renumbered 440.09 (1m) (b) 3. and amended to read:

SB1-SSA1,60,15 440.09 (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-SSA1,127 Section 127. 440.09 (2) (d) of the statutes is renumbered 440.09 (1m) (b) 4.

SB1-SSA1,128 Section 128. 440.09 (2) (f) of the statutes is renumbered 440.09 (1m) (b) 5. and amended to read:

SB1-SSA1,60,23 440.09 (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-SSA1,129 Section 129. 440.09 (2g) of the statutes is created to read:

SB1-SSA1,61,4 440.09 (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-SSA1,130 Section 130. 440.09 (2m) of the statutes is repealed.

SB1-SSA1,131 Section 131. 440.09 (2r) of the statutes is created to read:

SB1-SSA1,61,9 440.09 (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).

SB1-SSA1,61,11 (b) 1. The department shall, for each health care provider credential, do all of the following:

SB1-SSA1,61,16 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.

SB1-SSA1,61,21 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.

SB1-SSA1,61,23 c. Post the results of the department's reviews under subd. 1. b. on the department's website.

SB1-SSA1,61,25 2. a. The department shall consult with the appropriate credentialing boards in performing the duties specified under subd. 1.

SB1-SSA1,62,2 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-SSA1,132 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:

SB1-SSA1,62,10 440.09 (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-SSA1,133 Section 133. 440.09 (4) and (5) of the statutes are renumbered 440.09 (1m) (d) and (e) and amended to read:

SB1-SSA1,62,15 440.09 (1m) (d) The department or credentialing board, as appropriate, shall expedite the issuance of a reciprocal credential granted under this section subsection.

SB1-SSA1,62,17 (e) The department or credentialing board, as appropriate, may promulgate rules necessary to implement this section subsection.

SB1-SSA1,134 Section 134. 440.094 (title), (1) (c) (intro.), 3., 4. and 5. and (2) of the statutes are amended to read:

SB1-SSA1,62,21 440.094 (title) Practice by health care providers credential holders from other states.

SB1-SSA1,62,25 (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:

SB1-SSA1,63,2 3. A dentist, dental hygienist, or expanded function dental auxiliary licensed or certified under ch. 447.

SB1-SSA1,63,4 4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

SB1-SSA1,63,6 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.

SB1-SSA1,63,16 (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:

SB1-SSA1,63,20 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:

SB1-SSA1,63,22 a. The date on which the health care provider individual first provided health care services in this state under this section.

SB1-SSA1,63,24 b. That the health care provider individual holds a valid, unexpired remote credential granted in another state.

SB1-SSA1,64,4 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.

SB1-SSA1,64,11 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.

SB1-SSA1,64,16 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:

SB1-SSA1,64,18 a. The health care employer has confirmed that the health care provider individual holds a valid, unexpired remote credential granted by another state.

SB1-SSA1,64,23 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.

SB1-SSA1,65,4 (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.

SB1-SSA1,65,8 (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.

SB1-SSA1,65,13 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.

SB1-SSA1,65,19 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-SSA1,135 Section 135. 440.094 (1) (b) of the statutes is repealed.

SB1-SSA1,136 Section 136. 440.094 (1) (c) 9g., 9m., 17. and 19., (d), (e) and (f) of the statutes are created to read:

SB1-SSA1,65,23 440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.

SB1-SSA1,65,24 9m. A physician assistant licensed under subch. IX of ch. 448.

SB1-SSA1,65,25 17. A radiographer licensed under ch. 462.

SB1-SSA1,66,1 19. A naturopathic doctor licensed under ch. 466.

SB1-SSA1,66,5 (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.

SB1-SSA1,66,7 (e) “Services” means actions that are within the scope of practice that is defined for a state-issued credential.

SB1-SSA1,66,8 (f) “State-issued credential” means a credential, as defined in s. 440.01 (2) (a).

SB1-SSA1,137 Section 137. 440.094 (1) (c) 14. of the statutes is amended to read:

SB1-SSA1,66,12 440.094 (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-SSA1,138 Section 138. 440.094 (3) of the statutes is amended to read:

SB1-SSA1,66,16 440.094 (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-SSA1,139 Section 139. 440.094 (4) of the statutes is created to read:

SB1-SSA1,66,21 440.094 (4) Nonapplicability. This section does not apply with respect to credentials under subch. IV or V or ch. 442, 444, or 463 or to credentials that authorize a credential holder to engage in the limited practice of law or in the practice of professional land surveying, as defined in s. 443.01 (6s).

SB1-SSA1,140 Section 140. 440.15 of the statutes is amended to read:

SB1-SSA1,67,4 440.15 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., 457.50 (3) (b) 3. and (5) (b) 2. a., 457.70 (3) (b) 4. and (7) (b) 3., and 459.70 (3) (b) 1., 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.

SB1-SSA1,141 Section 141. 440.20 (6) of the statutes is created to read:

SB1-SSA1,67,11 440.20 (6) (a) The department or appropriate examining board, affiliated credentialing board, or board in the department may reprimand the holder of a credential or deny, limit, suspend, or revoke the credential of any person who fails to satisfy applicable continuing education requirements within a required period and may specify makeup continuing education requirements that must be completed in order to maintain his or her credential or to restore it to good standing.

SB1-SSA1,67,13 (b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480.

SB1-SSA1,142 Section 142. 440.26 (3) of the statutes is amended to read:

SB1-SSA1,68,2 440.26 (3) Issuance of licenses; fees. Upon receipt and examination of an application executed under sub. (2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). No license shall be issued for a longer period than 2 4 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 4 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the applicable fees specified in s. 440.08 or determined by the department under s. 440.03 (9) (a). The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.

SB1-SSA1,143 Section 143. 440.26 (5m) (b) of the statutes is amended to read:

SB1-SSA1,68,7 440.26 (5m) (b) The renewal dates for permits issued under this subsection are specified shall be as determined under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB1-SSA1,144 Section 144. 440.313 (1) of the statutes is amended to read:

SB1-SSA1,68,12 440.313 (1) The renewal date for licenses granted under this subchapter is specified in shall be as determined under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB1-SSA1,145 Section 145. 440.415 (2) (a) of the statutes is amended to read:

SB1-SSA1,68,17 440.415 (2) (a) The renewal date for a license granted under sub. (1) is specified in shall be as determined under s. 440.08 (2) (a) 69m. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.

SB1-SSA1,146 Section 146. 440.71 (3) of the statutes is amended to read:

SB1-SSA1,68,22 440.71 (3) 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-SSA1,147 Section 147. 440.88 (3) (d) of the statutes is created to read:

SB1-SSA1,69,2 440.88 (3) (d) 1. The department may not require an applicant for certification as a substance abuse counselor, clinical substance abuse counselor, or substance abuse counselor-in-training to pass a statutes and rules examination as a condition of receiving an initial certification or a certification renewal.

SB1-SSA1,69,6 2. The department may require an applicant for certification as a substance abuse counselor, clinical substance abuse counselor, or substance abuse counselor-in-training to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice.

SB1-SSA1,148 Section 148. 440.88 (4) of the statutes is amended to read:

SB1-SSA1,69,17 440.88 (4) Applications; certification period. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for certification as a substance abuse counselor, clinical supervisor, or prevention specialist is specified shall be as determined under s. 440.08 (2) (a) and the renewal fee for such certifications is determined by the department under s. 440.03 (9) (a). Renewal of certification as a substance abuse counselor-in-training, a clinical supervisor-in-training, or a prevention specialist-in-training may be made only twice.

SB1-SSA1,149 Section 149. 440.905 (2) of the statutes is amended to read:

SB1-SSA1,69,23 440.905 (2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. The board may determine, by rule, a fee under s. 440.05 (1) (a) and under s. 440.08 (2) (a) 21. that is sufficient to fund the board's operating costs.

SB1-SSA1,150 Section 150. 440.91 (1) (c) of the statutes is amended to read:

SB1-SSA1,70,3 440.91 (1) (c) The renewal dates for licenses granted under par. (b) are specified in 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).

SB1-SSA1,151 Section 151. 440.91 (1m) (c) of the statutes is amended to read:

SB1-SSA1,70,8 440.91 (1m) (c) The renewal date and renewal fee for a registration granted under par. (b) are specified in shall be as determined under s. 440.08 (2). The department shall determine the renewal fee for a registration granted under par. (b) under s. 440.03 (9) (a).

SB1-SSA1,152 Section 152. 440.91 (4) of the statutes is amended to read:

SB1-SSA1,70,13 440.91 (4) Renewal applications shall be submitted to the board on a form provided by the board 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).