AB815: Bill Text

LRB-5454/1

MED:cdc&cjs

2019 - 2020 LEGISLATURE

2019 Assembly BILL 815

January 28, 2020 - Introduced by Representatives Quinn, Haywood, Felzkowski, Skowronski, Stubbs, Knodl, Gundrum, Katsma, Brostoff, VanderMeer, Fields, Kulp, Considine, Magnafici, Subeck, Steffen, Doyle and Sanfelippo, cosponsored by Senators Kooyenga, Johnson, Feyen, Olsen and Stroebel. Referred to Committee on Regulatory Licensing Reform.

AB815,1,6 An Act to repeal 456.01 (5) and (6); to amend 440.08 (2) (a) (intro.) and 456.10 (2); and to create 227.03 (4r) and 440.077 of the statutes; relating to: allowing the department of safety and professional services and credentialing boards to grant credentials with provisional status, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill requires the Department of Safety and Professional Services to promulgate rules that allow an initial credential or a reciprocal credential to be granted with provisional status to an applicant who has applied for the credential. These rules apply to credentials granted by DSPS and also apply to initial credentials granted by credentialing boards, unless a credentialing board promulgates its own provisional status credential rules.

The holder of a credential granted with provisional status is subject to the same laws and procedures, including professional discipline, that otherwise apply to the credential, except that the credential is not subject to renewal unless and until the credential is ultimately approved. A credential with provisional status is granted subject to the ultimate determination on the application for the credential, and the provisional status is removed if the application is approved. A credential with provisional status immediately expires upon the issuance of a notice to deny the application. A decision on whether to grant a credential with provisional status is not subject to administrative or judicial review.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB815,1 Section 1 . 227.03 (4r) of the statutes is created to read:

AB815,2,5 227.03 (4r) Subchapter III does not apply to any decision of the department of safety and professional services or a credentialing board, as defined in s. 440.01 (2) (bm), to deny or grant a credential with provisional status pursuant to rules promulgated under s. 440.077 (1) (a) or (b).

AB815,2 Section 2 . 440.077 of the statutes is created to read:

AB815,2,12 440.077 Provisional credentials. (1) (a) The department shall promulgate rules that allow an initial credential or a reciprocal credential to be granted with provisional status to an applicant who has applied for the credential. The rules promulgated under this paragraph shall apply to credentials granted by the department and shall apply to initial credentials granted by a credentialing board, unless the credentialing board promulgates rules under par. (b).

AB815,2,18 (b) A credentialing board may promulgate rules that allow an initial credential or a reciprocal credential to be granted with provisional status to an applicant who has applied for the credential with that credentialing board. If a credentialing board promulgates rules under this paragraph, those rules shall, with respect to credentials granted by the credentialing board, supercede rules promulgated by the department under par. (a).

AB815,3,4 (2) A credential granted with provisional status pursuant to rules promulgated under sub. (1) (a) or (b) shall confer the same rights, privileges, and authority as are otherwise conferred by the credential. The holder of a credential granted with provisional status shall be subject to the same laws and procedures, including professional discipline, that otherwise apply to the credential, except as provided in sub. (3).

AB815,3,10 (3) (a) A credential with provisional status shall be granted subject to the ultimate determination on the application for the initial credential or reciprocal credential, and the provisional status shall be removed if the application is approved. A credential with provisional status shall immediately expire upon the issuance of a notice to deny the application. A decision on whether to grant an applicant a credential with provisional status is not subject to review under ch. 227.

AB815,3,13 (b) A credential with provisional status is not subject to renewal until a determination is ultimately made to approve the application and the provisional status is removed.

AB815,3 Section 3 . 440.08 (2) (a) (intro.) of the statutes is amended to read:

AB815,3,18 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.077 (3) (b), 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

AB815,4 Section 4. 456.01 (5) and (6) of the statutes are repealed.

AB815,5 Section 5. 456.10 (2) of the statutes is amended to read:

AB815,4,2 456.10 (2) The examining board shall have jurisdiction to hear all charges brought under this section against persons licensed and registered as nursing home administrators or licensed as provisional nursing home administrators and upon such hearings shall determine such charges upon their merits. If the examining board determines that such person is guilty of the charges, the license or registration may be revoked or suspended or the licensee may be reprimanded, censured or disciplined.

AB815,6 Section 6. Nonstatutory provisions.

AB815,4,14 (1) Using the procedure under s. 227.24, the department of safety and professional services and any credentialing board, as defined in s. 440.01 (2) (bm), may promulgate rules that are necessary to implement the changes in this act. Notwithstanding s. 227.24 (1) (a) and (3), the department or credentialing board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until May 1, 2022, or the date on which permanent rules take effect, whichever is sooner, and the effective period may not be further extended under s. 227.24 (2).

AB815,4,15 (End)