AB1153: Bill Text

AB1153,,1 2023 ASSEMBLY BILL 1153

March 6, 2024 - Introduced by Representatives Brooks, Bodden, Andraca, Joers and Murphy, cosponsored by Senators Ballweg, Felzkowski, Testin and James. Referred to Committee on Regulatory Licensing Reform.

AB1153,,2 An Act to renumber and amend 448.78; to amend 146.81 (1) (em), 146.997 (1) (d) 6., 252.14 (1) (ar) 4m., 253.065 (3), 253.065 (5), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (f), 446.02 (6m), 448.70 (1m), 448.72 (6), 448.74 (1), 448.78 (title), 448.80, 448.82, 448.87 (2) (intro.), 448.87 (2) (a), 448.956 (1m) and 450.10 (3) (a) 5m.; to repeal and recreate 632.895 (1) (b) 5. b.; and to create 14.833, 440.03 (11m) (c) 2rm., 440.03 (13) (c) 1. gm., 448.70 (1r), 448.70 (1s), 448.78 (1m) (title), 448.78 (1m) (f), 448.78 (2m), (3m) and (4m) and subchapter XIV of chapter 448 [precedes 448.9887] of the statutes; relating to: ratification of the Dietitian Licensure Compact.

AB1153,,3 Analysis by the Legislative Reference Bureau

This bill ratifies and enters Wisconsin into the Dietitian Licensure Compact, which provides for the ability of a dietitian to become eligible to practice in other compact states. Significant provisions of the compact include the following:

1. The creation of a Dietitian Licensure Compact Commission, which includes the primary administrators of the licensure authorities of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating rules for the compact, appointing officers and hiring employees, and establishing and electing an executive committee. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees to whom it grants a compact privilege to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a dietitian to obtain a “compact privilege,” which allows a dietitian to practice dietetics in another compact state (remote state) if the dietitian satisfies certain criteria. The compact specifies a number of requirements in order for a dietitian to exercise a compact privilege, including holding an unencumbered dietitian license in a home state and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state. A dietitian practicing in a remote state under a compact privilege must adhere to the laws and regulations of that state. A remote state may, in accordance with that state’s laws, take adverse action against a licensee’s compact privilege within that state. If a dietitian’s license is encumbered, the dietitian loses the compact privilege in all remote states until certain criteria are satisfied. If a dietitian’s compact privilege in any remote state is removed, the dietitian may lose the compact privilege in all other remote states until certain criteria are satisfied.

3. The ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated data system containing licensure and disciplinary action information on dietitians. The compact requires member states to report adverse actions against licensees and to monitor the data system to determine whether adverse actions have been taken against licensees. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.

5. Provisions regarding resolutions of disputes between member states and between member and nonmember states, including a process for termination of a state’s membership in the compact if the state defaults on its obligations under the compact.

The compact becomes effective in this state upon its enactment in seven states. The compact provides that it may be amended upon enactment of an amendment by all member states. A state may withdraw from the compact by repealing the statute authorizing the compact, but the compact provides that a withdrawal does not take effect until 180 days after the effective date of that repeal.

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

AB1153,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1153,1 Section 1. 14.833 of the statutes is created to read:

AB1153,,6 14.833 Dietitian licensure compact. There is created a dietitian licensure compact commission as specified in s. 448.9887. The delegate on the commission representing this state shall be appointed by the dietitian affiliated credentialing board as provided in s. 448.9887 (8) (b) 1. and shall be an individual described in s. 448.9887 (8) (b) 2. The commission has the powers and duties granted and imposed under s. 448.9887.

AB1153,2 Section 2. 146.81 (1) (em) of the statutes is amended to read:

AB1153,,8 146.81 (1) (em) A dietitian who is certified under subch. V of ch. 448 or who holds a compact privilege under subch. XIV of ch. 448.

AB1153,3 Section 3. 146.997 (1) (d) 6. of the statutes is amended to read:

AB1153,,10 146.997 (1) (d) 6. A dietitian who is certified under subch. V of ch. 448 or who holds a compact privilege under subch. XIV of ch. 448.

AB1153,4 Section 4. 252.14 (1) (ar) 4m. of the statutes is amended to read:

AB1153,,12 252.14 (1) (ar) 4m. A dietitian who is certified under subch. V of ch. 448 or who holds a compact privilege under subch. XIV of ch. 448.

AB1153,5 Section 5. 253.065 (3) of the statutes is amended to read:

AB1153,,14 253.065 (3) Unless the department grants an exception, in order to be eligible for the internship program under sub. (1), an applicant must, at the time of his or her selection, be employed as a nutritionist for the supplemental food program for women, infants, and children under s. 253.06 by either the department or a local agency and have met the educational requirements under s. 448.78 (3) (1m) (c).

AB1153,6 Section 6. 253.065 (5) of the statutes is amended to read:

AB1153,,16 253.065 (5) The department shall issue to each individual who successfully completes the dietetic internship program under this section a certificate of completion that the individual may submit as verification of the completion of more than 900 hours of qualifying dietetics practice under s. 448.78 (4) (1m) (d). The dietitians affiliated credentialing board shall accept certificates of completion issued under this subsection as satisfactory evidence under s. 448.78 (4) (1m) (d).

AB1153,7 Section 7. 440.03 (9) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Act 88, is amended to read:

AB1153,,18 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2), 448.9885 (2), 448.9888 (2), 457.51 (2), and 459.71 (2) by doing all of the following:

AB1153,8 Section 8. 440.03 (9) (a) 2. of the statutes, as affected by 2023 Wisconsin Act 88, is amended to read:

AB1153,,20 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2), 448.9885 (2), 448.9888 (2), 457.51 (2), and 459.71 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department’s general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

AB1153,9 Section 9. 440.03 (11m) (c) 2rm. of the statutes is created to read:

AB1153,,22 440.03 (11m) (c) 2rm. The coordinated data system under s. 448.9887 (9), if such disclosure is required under the dietitian licensure compact under s. 448.9887.

AB1153,10 Section 10. 440.03 (13) (b) (intro.) of the statutes, as affected by 2023 Wisconsin Act 88, is amended to read:

AB1153,,24 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (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., 448.9887 (3) (b) 3. and (5) (b) 2. a., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 2.:

AB1153,11 Section 11. 440.03 (13) (c) 1. gm. of the statutes is created to read:

AB1153,,26 440.03 (13) (c) 1. gm. An applicant for a dietitian compact privilege under s. 448.9887 (4) and an applicant for a dietitian certificate described in s. 448.9887 (5) (b) 2. a.

AB1153,12 Section 12. 440.15 of the statutes, as affected by 2023 Wisconsin Act 88, is amended to read:

AB1153,,28 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (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., 448.9887 (3) (b) 3. and (5) (b) 2. a., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., 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.

AB1153,13 Section 13. 446.01 (1v) (f) of the statutes is amended to read:

AB1153,,30 446.01 (1v) (f) Dietitians affiliated credentialing board under subch. V of ch. 448. “Health care professional” also includes an individual who holds a compact privilege under subch. XIV of ch. 448.

AB1153,14 Section 14. 446.02 (6m) of the statutes is amended to read:

AB1153,,32 446.02 (6m) No chiropractor may provide counsel, direction, guidance, advice, or a recommendation to a patient regarding the health effects of vitamins, herbs, or nutritional supplements unless the chiropractor has been issued a certificate under sub. (2) (c) 1. This subsection does not apply to a chiropractor licensed under this chapter who is a certified as a dietitian under subch. V of ch. 448, as defined in s. 448.70 (1m).

AB1153,15 Section 15. 448.70 (1m) of the statutes is amended to read:

AB1153,,34 448.70 (1m) “Certified dietitian” means an individual who is certified as a dietitian under this subchapter or who holds a compact privilege.

AB1153,16 Section 16. 448.70 (1r) of the statutes is created to read:

AB1153,,36 448.70 (1r) “Compact” means the dietitian licensure compact under s. 448.9887.

AB1153,17 Section 17. 448.70 (1s) of the statutes is created to read:

AB1153,,38 448.70 (1s) “Compact privilege” means a compact privilege, as defined in s. 448.9887 (2) (i), that is granted under the compact to an individual to practice in this state.

AB1153,18 Section 18. 448.72 (6) of the statutes is amended to read:

AB1153,,40 448.72 (6) Prohibit an individual from using the title “dietitian”, “dietitian,” “licensed dietitian,” or “certified dietitian” if the person is licensed or certified as a dietitian under the laws of another state which has licensure or certification requirements that the affiliated credentialing board determines to be substantially equivalent to the requirements under s. 448.78 (1m).

AB1153,19 Section 19. 448.74 (1) of the statutes is amended to read:

AB1153,,42 448.74 (1) Establish criteria for the approval of educational programs and training under s. 448.78 (3) and (4) (1m) (c) and (d).

AB1153,20 Section 20. 448.78 (title) of the statutes is amended to read:

AB1153,,44 448.78 (title) Certification of dietitians; compact privileges.

AB1153,21 Section 21. 448.78 of the statutes is renumbered 448.78 (1m), and 448.78 (1m) (c) 2. and (d) 3. b., as renumbered, are amended to read:

AB1153,,46 448.78 (1m) (c) 2. Received a bachelor’s, master’s or doctoral degree in human nutrition, nutrition education, food and nutrition, dietetics or food systems management from a program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board determines that the program is substantially equivalent to a program under par. (a) subd. 1.

AB1153,,47 (d) 3. b. A program at a college or university that is not located in a state or territory of the United States if the affiliated credentialing board determines that the program is substantially equivalent to a program under subd. 1. 3. a.

AB1153,22 Section 22. 448.78 (1m) (title) of the statutes is created to read:

AB1153,,49 448.78 (1m) (title) Certificate.

AB1153,23 Section 23. 448.78 (1m) (f) of the statutes is created to read:

AB1153,,51 448.78 (1m) (f) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have a conviction record.

AB1153,24 Section 24. 448.78 (2m), (3m) and (4m) of the statutes are created to read:

AB1153,,53 448.78 (2m) License based on compact privilege. The affiliated credentialing board shall grant a certificate as a dietitian to any individual who does all of the following:

AB1153,,54 (a) Submits an application for the certificate to the department on a form provided by the department.

AB1153,,55 (b) Pays the fee specified in s. 440.05 (1).

AB1153,,56 (c) Submits evidence satisfactory to the affiliated credentialing board that he or she holds a home state license in another state that is a party to the compact, has changed his or her primary state of residence to this state, and satisfies all other requirements under s. 448.9887 (5).

AB1153,,57 (d) Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have a conviction record.

AB1153,,58 (3m) Compact privilege. The affiliated credentialing board shall grant a compact privilege to an individual who does all of the following:

AB1153,,59 (a) Submits an application for the compact privilege to the department on a form provided by the department.

AB1153,,60 (b) Submits evidence satisfactory to the affiliated credentialing board that he or she holds an unencumbered home state license in another state that is a party to the compact and satisfies all other requirements under s. 448.9887 (4).

AB1153,,61 (c) Pays any fee established by the department under s. 448.9888 (2).

AB1153,,62 (4m) Types of certificate. A certificate as a dietitian granted under sub. (1m) may be either of the following:

AB1153,,63 (a) A certificate that, subject to s. 448.9887 (4), entitles the holder to obtain and exercise a compact privilege in other states that are parties to the compact.

AB1153,,64 (b) A single-state certificate, which entitles the holder to practice only in this state. Nothing in the compact applies to the holder of a single-state certificate unless otherwise applicable under this subchapter.

AB1153,25 Section 25. 448.80 of the statutes is amended to read:

AB1153,,66 448.80 Temporary certificate. Upon application and payment of the fee specified in s. 440.05 (6), the affiliated credentialing board may grant a temporary dietitian certificate to an individual who satisfies the requirements under s. 448.78 (1) to (4) (1m) (a) to (d) and has submitted an application to take the next available examination under s. 448.84. A temporary certificate granted under this section is valid for a period designated by the affiliated credentialing board, not to exceed 9 months, and may be renewed once by the affiliated credentialing board.

AB1153,26 Section 26. 448.82 of the statutes is amended to read:

AB1153,,68 448.82 Reciprocal certificate. Upon application and payment of the fee specified in s. 440.05 (2), the affiliated credentialing board shall grant a dietitian certificate to an individual who holds a similar certificate or license in another state or territory of the United States if the affiliated credentialing board determines that the requirements for receiving the certificate in the other state or territory are substantially equivalent to the requirements under s. 448.78 (1m).

AB1153,27 Section 27. 448.87 (2) (intro.) of the statutes is amended to read:

AB1153,,70 448.87 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a certified dietitian or deny, limit, suspend or revoke a certificate granted under this subchapter or a compact privilege if it finds that the applicant or certified dietitian has done any of the following:

AB1153,28 Section 28. 448.87 (2) (a) of the statutes is amended to read:

AB1153,,72 448.87 (2) (a) Made a material misstatement in an application for a certificate or a compact privilege or for renewal of a certificate.

AB1153,29 Section 29. 448.956 (1m) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

AB1153,,74 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training to an individual without a referral, except that a licensee may not provide athletic training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation setting unless the licensee has obtained a written referral for the individual from a practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter; under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact privilege under subch. XI or, XII, or XIV of ch. 448.

AB1153,30 Section 30. Subchapter XIV of chapter 448 [precedes 448.9887] of the statutes is created to read:

AB1153,,76 CHAPTER 448