AB852: Bill Text

LRB-5452/1

MED:cdc&cjs

2019 - 2020 LEGISLATURE

2019 Assembly BILL 852

February 3, 2020 - Introduced by Representatives Petryk, Haywood, Quinn, Subeck, Gundrum, Stubbs, Knodl, Vruwink, Tusler, Dittrich, Sortwell, Brostoff and Spiros, cosponsored by Senators Kooyenga, Johnson and Feyen. Referred to Committee on Regulatory Licensing Reform.

AB852,1,7 An Act to renumber and amend 440.03 (13) (a); to amend 440.035 (1m) (intro.), 440.035 (1m) (b) and 440.035 (2); and to create 440.03 (13) (a) 2., 440.03 (13) (e), 440.035 (1p) and 440.035 (1r) of the statutes; relating to: procedures for granting credentials granted by the department of safety and professional services and credentialing boards, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau

This bill makes a number of changes regarding the process for the granting of professional credentials by the Department of Safety and Professional Services and credentialing boards in DSPS, including all of the following:

1. The bill explicitly allows a credentialing board to delegate authority to DSPS to make determinations regarding whether an applicant satisfies the requirements to be granted a credential and authority to grant or deny a credential in accordance with that determination.

2. Once an application for a credential is considered complete following an investigation conducted by DSPS, DSPS must, for a credential that is granted by a credentialing board, either 1) forward the application to the board or the board's designee with DSPS's recommendation regarding approval or denial of the application or 2) if DSPS has been delegated the authority to make a determination on the application, directly approve or deny the application in accordance with its determination. If DSPS forwards an application to the board or the board's designee with a recommendation that it be approved, the bill requires that the application be considered automatically approved by the board on the tenth business day thereafter, unless the application is acted on sooner or unless the board or its designee takes certain other actions before that date.

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:

AB852,1 Section 1. 440.03 (13) (a) of the statutes is renumbered 440.03 (13) (a) 1. and amended to read:

AB852,2,11 440.03 (13) (a) 1. The department may conduct an investigation to determine whether an applicant for a credential satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements of pars. (b) and (c). Once all required information has been received and the department has completed its investigation, the application shall be considered complete.

AB852,2 Section 2 . 440.03 (13) (a) 2. of the statutes is created to read:

AB852,2,15 440.03 (13) (a) 2. Once an application is considered complete following an investigation as provided in subd. 1., the department shall, for a credential that is granted by a credentialing board, do one of the following:

AB852,3,2 a. Forward the application to the credentialing board or the credentialing board's designee with the results of the department's investigation and a recommendation on whether to approve the application, approve the application with limitations, deny the application, or conduct further review.

AB852,3,5 b. In accordance with authority delegated to the department under s. 440.035 (1p), approve the application, approve the application with limitations, or deny the application.

AB852,3 Section 3. 440.03 (13) (e) of the statutes is created to read:

AB852,3,16 440.03 (13) (e) After the department submits under par. (a) 2. a. a completed application for a credential to a credentialing board or the designee of the credentialing board, for which the department recommends approval or approval with limitations and does not recommend any further review by the credentialing board or the credentialing board's designee, the department may notify the applicant that, unless anything specified in s. 440.035 (1r) (a) to (d) occurs prior to that date, the application will be considered to have been approved by the credentialing board in accordance with the department's recommendation on the 10th business day following the date of submission and the credential will be issued no later than the 10th business day following that date.

AB852,4 Section 4. 440.035 (1m) (intro.) of the statutes is amended to read:

AB852,3,20 440.035 (1m) (intro.) Each examining board or affiliated Subject to subs. (1p) and (1r), each credentialing board attached to the department or an examining board shall:

AB852,5 Section 5. 440.035 (1m) (b) of the statutes is amended to read:

AB852,4,5 440.035 (1m) (b) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation, or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations, and disciplinary matters affecting persons who are credentialed by the examining board or affiliated credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the examining board, affiliated credentialing board or accreditation.

AB852,6 Section 6 . 440.035 (1p) of the statutes is created to read:

AB852,4,11 440.035 (1p) Notwithstanding chs. 440 to 480, a credentialing board may delegate authority to the department to make determinations regarding whether an applicant satisfies the requirements to be granted a credential and may delegate authority to the department to grant or deny a credential in accordance with that determination.

AB852,7 Section 7. 440.035 (1r) of the statutes is created to read:

AB852,4,20 440.035 (1r) Notwithstanding chs. 440 and 480, after the department submits a completed application for a credential to a credentialing board or the designee of the credentialing board under s. 440.03 (13) (a) 2. a. for which the department recommends approval or approval with limitations and does not recommend further review by the credentialing board or the credentialing board's designee, the application shall be considered to have been approved by the credentialing board in accordance with the department's recommendation on the 10th business day following the date of submission, unless one of the following occurs prior to that date:

AB852,4,22 (a) The credentialing board or the credentialing board's designee approves or denies the credential.

AB852,5,2 (b) The credentialing board or the credentialing board's designee makes a determination that additional time is required to make a determination on the application, not to exceed any deadline established by the department under s. 440.03 (1m).

AB852,5,5 (c) The credentialing board or the credentialing board's designee determines that an applicant must complete an additional examination, if the credentialing board has the authority to require such an examination.

AB852,5,7 (d) The credentialing board makes a request, subject to s. 103.35, for further information from the applicant in order to make a determination on the application.

AB852,8 Section 8. 440.035 (2) of the statutes is amended to read:

AB852,5,13 440.035 (2) Except as otherwise permitted in chs. 440 to 480, an examining board or affiliated a credentialing board attached to the department or an examining board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

AB852,9 Section 9. Nonstatutory provisions.

AB852,6,2 (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).

AB852,6,3 (End)