SB692: Bill Text

SB692,,314 4. Nonconfidential information related to alternative program participation, the beginning and ending dates of such participation, and other information related to such participation;

SB692,,315 5. Any denial of an application for licensure, and the reason(s) for such denial, (excluding the reporting of any criminal history record information where prohibited by law);

SB692,,316 6. The presence of significant investigative information; and

SB692,,317 7. Other information that may facilitate the administration of this compact or the protection of the public, as determined by the rules of the commission.

SB692,,318 (c) The records and information provided to a participating state pursuant to this compact or through the data system, when certified by the commission or an agent thereof, shall constitute the authenticated business records of the commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial or administrative proceedings in a participating state.

SB692,,319 (d) Significant investigative information pertaining to a licensee in any participating state will only be available to other participating states.

SB692,,320 (e) It is the responsibility of the participating states to monitor the database to determine whether adverse action has been taken against a licensee or license applicant. Adverse action information pertaining to a licensee or license applicant in any participating state will be available to any other participating state.

SB692,,321 (f) Participating states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

SB692,,322 (g) Any information submitted to the data system that is subsequently expunged pursuant to federal law or the laws of the participating state contributing the information shall be removed from the data system.

SB692,,323 (9) Rule making. (a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of the compact. A commission rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope and purposes of the compact, or the powers granted hereunder, or based upon another applicable standard of review.

SB692,,324 (b) The rules of the commission shall have the force of law in each participating state, provided however that where the rules of the commission conflict with the laws of the participating state that establish the participating state’s scope of practice as held by a court of competent jurisdiction, the rules of the commission shall be ineffective in that state to the extent of the conflict.

SB692,,325 (c) The commission shall exercise its rule-making powers pursuant to the criteria set forth in this subsection and the rules adopted thereunder. Rules shall become binding as of the date specified by the commission for each rule.

SB692,,326 (d) If a majority of the legislatures of the participating states rejects a commission rule or portion of a commission rule, by enactment of a statute or resolution in the same manner used to adopt the compact, within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in any participating state or to any state applying to participate in the compact.

SB692,,327 (e) Rules shall be adopted at a regular or special meeting of the commission.

SB692,,328 (f) Prior to adoption of a proposed rule, the commission shall hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.

SB692,,329 (g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission shall provide a notice of proposed rule making:

SB692,,330 1. On the website of the commission or other publicly accessible platform;

SB692,,331 2. To persons who have requested notice of the commission’s notices of proposed rule making, and

SB692,,332 3. In such other way(s) as the commission may by rule specify.

SB692,,333 (h) The notice of proposed rule making shall include:

SB692,,334 1. The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;

SB692,,335 2. If the hearing is held via telecommunication, video conference, or other electronic means, the commission shall include the mechanism for access to the hearing in the notice of proposed rule making;

SB692,,336 3. The text of the proposed rule and the reason therefor;

SB692,,337 4. A request for comments on the proposed rule from any interested person; and

SB692,,338 5. The manner in which interested persons may submit written comments.

SB692,,339 (i) All hearings will be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule shall be available to the public.

SB692,,340 (j) Nothing in this subsection shall be construed as requiring a separate hearing on each commission rule. Rules may be grouped for the convenience of the commission at hearings required by this subsection.

SB692,,341 (k) The commission shall, by majority vote of all commissioners, take final action on the proposed rule based on the rule-making record.

SB692,,342 1. The commission may adopt changes to the proposed rule provided the changes do not enlarge the original purpose of the proposed rule.

SB692,,343 2. The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.

SB692,,344 3. The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in par. (L), the effective date of the rule shall be no sooner than thirty (30) days after the commission issuing the notice that it adopted or amended the rule.

SB692,,345 (L) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours’ notice, with opportunity to comment, provided that the usual rule-making procedures provided in the compact and in this subsection shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

SB692,,346 1. Meet an imminent threat to public health, safety, or welfare;

SB692,,347 2. Prevent a loss of commission or participating state funds;

SB692,,348 3. Meet a deadline for the promulgation of a rule that is established by federal law or rule; or

SB692,,349 4. Protect public health and safety.

SB692,,350 (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.

SB692,,351 (n) No participating state’s rule-making requirements shall apply under this compact.

SB692,,352 (10) Oversight, dispute resolution, and enforcement. (a) Oversight. 1. The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact.

SB692,,353 2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter.

SB692,,354 3. The commission shall be entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or commission rule and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this compact, or promulgated rules.

SB692,,355 (b) Default, technical assistance, and termination. 1. If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.

SB692,,356 2. The commission shall provide a copy of the notice of default to the other participating states.

SB692,,357 (c) If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the commissioners, and all rights, privileges and benefits conferred on that state by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

SB692,,358 (d) Termination of participation in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state’s legislature, the defaulting state’s state licensing authority or authorities, as applicable, and each of the participating states’ state licensing authority or authorities, as applicable.

SB692,,359 (e) A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

SB692,,360 (f) Upon the termination of a state’s participation in this compact, that state shall immediately provide notice to all licensees of the state, including licensees of other participating states issued a compact privilege to practice within that state, of such termination. The terminated state shall continue to recognize all compact privileges then in effect in that state for a minimum of one hundred eighty (180) days after the date of said notice of termination.

SB692,,361 (g) The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.

SB692,,362 (h) The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

SB692,,363 (i) Dispute resolution. 1. Upon request by a participating state, the commission shall attempt to resolve disputes related to the compact that arise among participating states and between participating states and non-participating states.

SB692,,364 2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

SB692,,365 (j) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission’s rules.

SB692,,366 2. By majority vote, the commission may initiate legal action against a participating state in default in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting participating state’s law.

SB692,,367 3. A participating state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney’s fees.

SB692,,368 4. No individual or entity other than a participating state may enforce this compact against the commission.

SB692,,369 (11) Effective date, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh participating state.

SB692,,370 1. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening (“charter participating states”) to determine if the statute enacted by each such charter participating state is materially different than the model compact.

SB692,,371 a. A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in sub. (10).

SB692,,372 b. If any participating state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than seven (7).

SB692,,373 2. Participating states enacting the compact subsequent to the charter participating states shall be subject to the process set forth in sub. (7) (c) 23. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.

SB692,,374 3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.

SB692,,375 4. Any state that joins the compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the commission’s rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

SB692,,376 (b) Any participating state may withdraw from this compact by enacting a statute repealing that state’s enactment of the compact.

SB692,,377 1. A participating state’s withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute.

SB692,,378 2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority or authorities to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.

SB692,,379 3. Upon the enactment of a statute withdrawing from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges to practice within that state granted pursuant to this compact for a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.

SB692,,380 (c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a participating state and a non-participating state that does not conflict with the provisions of this compact.

SB692,,381 (d) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted into the laws of all participating states.

SB692,,382 (12) Construction and severability. (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.

SB692,,383 (b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.

SB692,,384 (c) Notwithstanding par. (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (10) (b), terminate a participating state’s participation in the compact, if it determines that a constitutional requirement of a participating state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.

SB692,,385 (13) Consistent effect and conflict with other state laws. (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a participating state that is not inconsistent with the compact.

SB692,,386 (b) Any laws, statutes, regulations, or other legal requirements in a participating state in conflict with the compact are superseded to the extent of the conflict.

SB692,,387 (c) All permissible agreements between the commission and the participating states are binding in accordance with their terms.

SB692,,388 447.51 Implementation of the dentist and dental hygienist compact. (1) In this section, “compact privilege” has the meaning given in s. 447.50 (2) (g).

SB692,,389 (2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 447.50 (4) (a) 4.

SB692,,390 (3) (a) An individual who is exercising the compact privilege in this state shall comply with s. 440.03 (13) (am).

SB692,,391 (b) Subject to s. 447.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is exercising the compact privilege in this state in the same manner that they apply to holders of licenses issued under subch. I.

SB692,51 Section 51. 448.956 (4) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

SB692,,393 448.956 (4) If a licensee determines that a patient’s medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448; or who holds a compact privilege under subch. II of ch. 447 or subch. XI of ch. 448 and who can provide appropriate treatment to the patient.

SB692,52 Section 52. 450.10 (3) (a) 4. of the statutes is amended to read:

SB692,,395 450.10 (3) (a) 4. A dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447.

SB692,53 Section 53. 451.02 (1) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

SB692,,397 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448, or 449 or a compact privilege under subch. II of ch. 447 or subch. XI or XII of ch. 448 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit, certificate, or privilege.

SB692,54 Section 54. 462.02 (2) (d) of the statutes is amended to read:

SB692,,399 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed under s. 447.04 (2), a person certified as an expanded function dental auxiliary under s. 447.04 (3), a dentist or dental hygienist who holds a compact privilege under subch. II of ch. 447, or a person under the direct supervision of a dentist.

SB692,55 Section 55. 462.04 of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read:

SB692,,401 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic doctor licensed under s. 466.04 (1), a dentist who is licensed under s. 447.04 (1) or who holds a compact privilege under subch. II of ch. 447, a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant licensed under s. 448.974, or, subject to s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a compact privilege under subch. XI of ch. 448.

SB692,56 Section 56. 463.10 (5) of the statutes is amended to read: