2019 - 2020 LEGISLATURE
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
1An Act to repeal 456.01 (5) and (6);
to amend 440.08 (2) (a) (intro.) and 456.10
2(2); and
to create 227.03 (4r) and 440.077 of the statutes;
relating to: allowing
3the department of safety and professional services and credentialing boards to
4grant credentials with provisional status, extending the time limit for
5emergency rule procedures, providing an exemption from emergency rule
6procedures, 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
1Section 1
. 227.03 (4r) of the statutes is created to read:
AB815,2,52
227.03
(4r) Subchapter III does not apply to any decision of the department of
3safety and professional services or a credentialing board, as defined in s. 440.01 (2)
4(bm), to deny or grant a credential with provisional status pursuant to rules
5promulgated under s. 440.077 (1) (a) or (b).
AB815,2
6Section 2
. 440.077 of the statutes is created to read:
AB815,2,12
7440.077 Provisional credentials.
(1) (a) The department shall promulgate
8rules that allow an initial credential or a reciprocal credential to be granted with
9provisional status to an applicant who has applied for the credential. The rules
10promulgated under this paragraph shall apply to credentials granted by the
11department and shall apply to initial credentials granted by a credentialing board,
12unless the credentialing board promulgates rules under par. (b).
AB815,2,1813
(b) A credentialing board may promulgate rules that allow an initial credential
14or a reciprocal credential to be granted with provisional status to an applicant who
15has applied for the credential with that credentialing board. If a credentialing board
16promulgates rules under this paragraph, those rules shall, with respect to
17credentials granted by the credentialing board, supercede rules promulgated by the
18department under par. (a).
AB815,3,4
19(2) A credential granted with provisional status pursuant to rules promulgated
20under sub. (1) (a) or (b) shall confer the same rights, privileges, and authority as are
1otherwise conferred by the credential. The holder of a credential granted with
2provisional status shall be subject to the same laws and procedures, including
3professional discipline, that otherwise apply to the credential, except as provided in
4sub. (3).
AB815,3,10
5(3) (a) A credential with provisional status shall be granted subject to the
6ultimate determination on the application for the initial credential or reciprocal
7credential, and the provisional status shall be removed if the application is approved.
8A credential with provisional status shall immediately expire upon the issuance of
9a notice to deny the application. A decision on whether to grant an applicant a
10credential with provisional status is not subject to review under ch. 227.
AB815,3,1311
(b) A credential with provisional status is not subject to renewal until a
12determination is ultimately made to approve the application and the provisional
13status is removed.
AB815,3
14Section 3
. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB815,3,1815
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss.
440.077 (3) (b),
16440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e), 463.10,
17463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as
18follows:
AB815,4
19Section
4. 456.01 (5) and (6) of the statutes are repealed.
AB815,5
20Section
5. 456.10 (2) of the statutes is amended to read:
AB815,4,221
456.10
(2) The examining board shall have jurisdiction to hear all charges
22brought under this section against persons licensed and registered as nursing home
23administrators
or licensed as provisional nursing home administrators and upon
24such hearings shall determine such charges upon their merits. If the examining
25board determines that such person is guilty of the charges, the license or registration
1may be revoked or suspended or the licensee may be reprimanded, censured or
2disciplined.
AB815,6
3Section
6.
Nonstatutory provisions.
AB815,4,144
(1) Using the procedure under s. 227.24, the department of safety and
5professional services and any credentialing board, as defined in s. 440.01 (2) (bm),
6may promulgate rules that are necessary to implement the changes in this act.
7Notwithstanding s. 227.24 (1) (a) and (3), the department or credentialing board is
8not required to provide evidence that promulgating a rule under this subsection as
9an emergency rule is necessary for the preservation of the public peace, health,
10safety, or welfare and is not required to provide a finding of emergency for a rule
11promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2),
12emergency rules promulgated under this subsection remain in effect until May 1,
132022, or the date on which permanent rules take effect, whichever is sooner, and the
14effective period may not be further extended under s. 227.24 (2).