SB190: Bill Text

4. The creation of a coordinated database and reporting system containing licensure and disciplinary action information on respiratory care practitioners. The compact provides that member states are responsible for reporting any adverse action against a licensee and for monitoring the database to determine whether adverse action has been taken against a licensee. A member state must submit a uniform data set to the data system with certain information specified in the compact, as required by the rules of the commission.

5. Provisions regarding resolutions of disputes among 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 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.

Statutes and rules examination for respiratory care practitioners

The bill prohibits the Medical Examining Board from requiring an applicant to pass a statutes and rules examination as a condition of certification as a respiratory care practitioner. The bill allows the board to require an applicant to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice as a respiratory care practitioner.

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:

SB190,1 Section 1. 14.832 of the statutes is created to read:

SB190,2,8 14.832 Respiratory care interstate compact. There is created a respiratory care interstate compact commission as specified in s. 448.9886. The commissioner on the commission representing this state shall be appointed by the medical examining board as provided in s. 448.9886 (7) (b) 1., with the advice of the respiratory care practitioners examining council, and shall be an individual described in s. 448.9886 (7) (b) 2. The commission has the powers and duties granted and imposed under s. 448.9886.

SB190,2 Section 2. 146.81 (1) (d) of the statutes is amended to read:

SB190,2,12 146.81 (1) (d) A physician, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448 or a respiratory care practitioner who holds a compact privilege under subch. XIV of ch. 448.

SB190,3 Section 3. 146.997 (1) (d) 5. of the statutes is amended to read:

SB190,2,15 146.997 (1) (d) 5. A respiratory care practitioner licensed or who is certified under ch. 448 or who holds a compact privilege under subch. XIV of ch. 448.

SB190,4 Section 4. 256.15 (4) (a) 3. of the statutes is amended to read:

SB190,3,6 256.15 (4) (a) 3. If the ambulance is an aircraft and the sick, disabled, or injured individual is a pediatric patient who is being transferred from one hospital to another hospital, one individual specified in subd. 1. plus one respiratory care practitioner who is certified under subch. II of ch. 448 or who holds a compact privilege under subch. XIV of ch. 448.

SB190,5 Section 5. 440.03 (9) (a) (intro.) and 2. of the statutes are amended to read:

SB190,3,12 440.03 (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), 448.9887 (2), 457.51 (2), and 459.71 (2) by doing all of the following:

SB190,4,3 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), 448.9887 (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.

SB190,6 Section 6. 440.03 (11m) (c) 2rm. of the statutes is created to read:

SB190,4,7 440.03 (11m) (c) 2rm. The coordinated data system under s. 448.9886 (8), if such disclosure is required under the respiratory care interstate compact under s. 448.9886.

SB190,7 Section 7. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB190,4,17 440.03 (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., 448.9886 (3) (a) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 2.:

SB190,8 Section 8. 440.03 (13) (c) 1. m. of the statutes is created to read:

SB190,4,20 440.03 (13) (c) 1. m. An applicant for a respiratory care practitioner certificate under s. 448.04 (1) (i).

SB190,9 Section 9. 440.15 of the statutes is amended to read:

SB190,5,4 440.15 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., 448.9886 (3) (a) 9., 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.

SB190,10 Section 10. 448.01 (9s) of the statutes is amended to read:

SB190,5,9 448.01 (9s) “Scene of an emergency” means an area not within the confines of a hospital or other institution which has hospital facilities or the office of a person licensed, certified or holding a compact privilege or limited permit under this chapter.

SB190,11 Section 11. 448.01 (12) of the statutes is amended to read:

SB190,5,16 448.01 (12) “Warn” means to privately apprise the holder of a license or, certificate, or compact privilege of the unprofessional nature of the holder’s conduct and admonish the holder that continued or repeated conduct of such nature may give the medical examining board or an attached affiliated credentialing board cause to reprimand the holder or to limit, suspend or revoke such license or, certificate, or compact privilege.

SB190,12 Section 12. 448.015 (2m) of the statutes is created to read:

SB190,5,20 448.015 (2m) “Respiratory care compact privilege” means a compact privilege, as defined in s. 448.9886 (2) (h), that is granted under the respiratory care interstate compact to an individual to practice in this state.

SB190,13 Section 13. 448.02 (3) (a) to (c), (e), (f) and (h) of the statutes are amended to read:

SB190,6,18 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license or, certificate, or respiratory care compact privilege granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to mail or present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to mail or present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license or, certificate, or respiratory care compact privilege to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

SB190,7,15 (b) After an investigation, if the board finds that there is probable cause to believe that the person is guilty of unprofessional conduct or negligence in treatment, the board shall hold a hearing on such conduct. The board may use any information obtained by the board or the department under s. 655.17 (7) (b), as created by 1985 Wisconsin Act 29, in an investigation or a disciplinary proceeding, including a public disciplinary proceeding, conducted under this subsection and the board may require a person holding a license or, certificate, or respiratory care compact privilege to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its hearing. A unanimous finding by a panel established under s. 655.02, 1983 stats., or a finding by a court that a physician has acted negligently in treating a patient is conclusive evidence that the physician is guilty of negligence in treatment. A finding that is not a unanimous finding by a panel established under s. 655.02, 1983 stats., that a physician has acted negligently in treating a patient is presumptive evidence that the physician is guilty of negligence in treatment. A certified copy of the findings of fact, conclusions of law and order of the panel or the order of a court is presumptive evidence that the finding of negligence in treatment was made. The board shall render a decision within 90 days after the date on which the hearing is held or, if subsequent proceedings are conducted under s. 227.46 (2), within 90 days after the date on which those proceedings are completed.

SB190,8,4 (c) Subject to par. (cm), after a disciplinary hearing, the board may, when it determines that a panel established under s. 655.02, 1983 stats., has unanimously found or a court has found that a person has been negligent in treating a patient or when it finds a person guilty of unprofessional conduct or negligence in treatment, do one or more of the following: warn or reprimand that person, or limit, suspend or revoke any license or, certificate, or respiratory care compact privilege granted by the board to that person. The board may condition the removal of limitations on a license or, certificate, or respiratory care compact privilege or the restoration of a suspended or revoked license or, certificate, or respiratory care compact privilege upon obtaining minimum results specified by the board on one or more physical, mental or professional competency examinations if the board believes that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension or revocation was imposed.

SB190,8,14 (e) A person whose license or, certificate, or respiratory care compact privilege is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person’s practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.

SB190,8,23 (f) Unless a suspended license or, certificate, or respiratory care compact privilege is revoked during the period of suspension, upon the expiration of the period of suspension the license or, certificate, or respiratory care compact privilege shall again become operative and effective. However, the board may require the holder of any such suspended license or, certificate, or respiratory care compact privilege to pass the examinations required for the original grant of the license or, certificate, or respiratory care compact privilege before allowing such suspended license or, certificate, or respiratory care compact privilege again to become operative and effective.

SB190,9,4 (h) Nothing in this subsection prohibits the board, in its discretion, from investigating and conducting disciplinary proceedings on allegations of unprofessional conduct by persons holding a license or, certificate, or respiratory care compact privilege granted by the board when the allegations of unprofessional conduct may also constitute allegations of negligence in treatment.

SB190,14 Section 14. 448.02 (3) (a) of the statutes, as affected by 2023 Wisconsin Act 172 and 2025 Wisconsin Act .... (this act), is repealed and recreated to read:

SB190,9,24 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct and negligence in treatment by persons holding a license, certificate, or respiratory care compact privilege granted by the board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2) or has failed to present a medical certification required under s. 69.18 (2) within 21 days after the pronouncement of death of the person who is the subject of the required certificate or that a physician has failed at least 6 times within a 6-month period to present a medical certificate required under s. 69.18 (2) within 6 days after the pronouncement of death of the person who is the subject of the required certificate is an allegation of unprofessional conduct. Information contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b), 609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board. Information contained in a report filed with the board under s. 655.045 (1), as created by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the basis of an investigation of a person named in the report. The board may require a person holding a license, certificate, or respiratory care compact privilege to undergo and may consider the results of one or more physical, mental or professional competency examinations if the board believes that the results of any such examinations may be useful to the board in conducting its investigation.

SB190,15 Section 15. 448.02 (4) (a) and (b) of the statutes are amended to read:

SB190,10,16 448.02 (4) (a) The board may summarily suspend or limit any license or, certificate, or respiratory care compact privilege granted by the board when the board has in its possession evidence establishing probable cause to believe that the holder of the license or, certificate, or respiratory care compact privilege has violated the provisions of this subchapter and that it is necessary to suspend or limit the license or, certificate, or respiratory care compact privilege immediately to protect the public health, safety, or welfare. The holder of the license or, certificate, or respiratory care compact privilege shall be granted an opportunity to be heard during the determination of probable cause. The board chair and 2 board members designated by the chair or, if the board chair is not available, the board vice-chair and 2 board members designated by the vice-chair, shall exercise the authority granted by this paragraph to summarily suspend or limit a license or, certificate, or respiratory care compact privilege in the manner provided under par. (b).

SB190,11,12 (b) An order of summary suspension or limitation shall be served upon the holder of the license or, certificate, or respiratory care compact privilege in the manner provided in s. 801.11 for service of summons. The order of summary suspension or limitation shall be effective upon service or upon actual notice of the summary suspension or limitation given to the holder of the license or, certificate, or respiratory care compact privilege or to the attorney of the license or, certificate, or respiratory care compact privilege holder, whichever is sooner. A notice of hearing commencing a disciplinary proceeding shall be issued no more than 10 days following the issuance of the order of summary suspension or limitation. The order of summary suspension or limitation remains in effect until the effective date of a final decision and order in the disciplinary proceeding against the holder or until the order of summary suspension or limitation is discontinued by the board following a hearing to show cause. The holder of the license or, certificate, or respiratory care compact privilege shall have the right to request a hearing to show cause why the order of summary suspension or limitation should not be continued and the order of summary suspension or limitation shall notify the holder of the license or, certificate, or respiratory care compact privilege of that right. If a hearing to show cause is requested by the holder of the license or, certificate, or respiratory care compact privilege, the hearing shall be scheduled on a date within 20 days of receipt by the board of the request for the hearing to show cause.

SB190,16 Section 16. 448.02 (5) of the statutes is amended to read:

SB190,11,20 448.02 (5) Voluntary surrender. The holder of any license or, certificate, or respiratory care compact privilege granted by the board may voluntarily surrender the license or, certificate, or respiratory care compact privilege to the secretary of the board, but the secretary may refuse to accept the surrender if the board has received allegations of unprofessional conduct against the holder of the license or, certificate, or respiratory care compact privilege. The board may negotiate stipulations in consideration for accepting the surrender of licenses.

SB190,17 Section 17. 448.02 (6) of the statutes is amended to read:

SB190,12,2 448.02 (6) Restoration of license or certificate credential. The board may restore any license or, certificate, or respiratory care compact privilege that has been voluntarily surrendered or revoked under any of the provisions of this subchapter, on such terms and conditions as it may deem appropriate.

SB190,18 Section 18. 448.02 (8) (a) of the statutes is amended to read:

SB190,12,19 448.02 (8) (a) After an investigation by the board under sub. (3) (a) or by the department under s. 440.03 (3m) or (5), the board may issue a private and confidential administrative warning to a holder of a license or, certificate, or respiratory care compact privilege if the board determines that there is evidence of misconduct by him or her. The board may issue an administrative warning under this paragraph only if the board determines that no further action is warranted because the matter involves minor misconduct and the issuance of an administrative warning adequately protects the public by putting the holder of the license or, certificate, or respiratory care compact privilege on notice that any subsequent misconduct may result in disciplinary action. The board shall review the determination if the holder of the license or, certificate, or respiratory care compact privilege makes a personal appearance before the board. Following the review, the board may affirm, rescind or modify the administrative warning. A holder of a license or, certificate, or respiratory care compact privilege may seek judicial review under ch. 227 of an affirmation or modification of an administrative warning by the board.

SB190,19 Section 19. 448.02 (8) (c) of the statutes is amended to read:

SB190,13,4 448.02 (8) (c) Notwithstanding par. (b), if the board receives a subsequent allegation of misconduct about a holder of a license or, certificate, or respiratory care compact privilege to whom the board issued an administrative warning under par. (a), the board may reopen the matter that resulted in the issuance of the administrative warning or use the administrative warning in any subsequent disciplinary hearing under sub. (3) (b) as evidence that he or she had actual knowledge that the misconduct that was the basis for the administrative warning was contrary to law.

SB190,20 Section 20. 448.03 (1m) of the statutes is amended to read:

SB190,13,9 448.03 (1m) Certificate required to practice. No person may practice respiratory care, or attempt to do so or make a representation as authorized to do so, without unless the person holds a certificate as a respiratory care practitioner granted by the board or holds a respiratory care compact privilege.

SB190,21 Section 21. 448.04 (1) (im) of the statutes is created to read:

SB190,13,13 448.04 (1) (im) Respiratory care compact privilege. The board may grant a respiratory care compact privilege pursuant to the respiratory care interstate compact under s. 448.9886.

SB190,22 Section 22. 448.04 (2m) of the statutes is created to read:

SB190,13,18 448.04 (2m) Display of credential. Each individual who holds a license, certificate, or respiratory care compact privilege under this subchapter shall display his or her credential in a conspicuous place in the individual’s office or place of practice or business.

SB190,23 Section 23. 448.05 (1) (e) of the statutes is created to read:

SB190,13,20 448.05 (1) (e) Pay the fee specified in s. 440.05 (1).

SB190,24 Section 24. 448.05 (5r) (title) of the statutes is amended to read:

SB190,13,23 448.05 (5r) (title) Certificate as respiratory care practitioner; compact privilege.

SB190,25 Section 25. 448.05 (5r) of the statutes is renumbered 448.05 (5r) (a).

SB190,26 Section 26. 448.05 (5r) (b) of the statutes is created to read:

SB190,14,4 448.05 (5r) (b) An applicant for a respiratory care compact privilege shall submit evidence satisfactory to the board that the applicant satisfies the requirements under s. 448.9886 (4).

SB190,27 Section 27. 448.05 (6) (av) of the statutes is created to read:

SB190,14,9 448.05 (6) (av) 1. The board may not require an applicant for certification as a respiratory care practitioner under s. 448.04 (1) (i) to pass a statutes and rules examination as a condition of receiving an initial certification or a certification renewal.

SB190,14,12 2. The board may require an applicant described under subd. 1. to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice.

SB190,28 Section 28. 448.06 (3) of the statutes is created to read:

SB190,14,17 448.06 (3) Grant of respiratory care compact privilege. The board shall grant or deny a respiratory care compact privilege in accordance with subs. (1) to (2), unless otherwise provided under the respiratory care interstate compact under subch. XIV.

SB190,29 Section 29. 448.07 (title) of the statutes is repealed and recreated to read:

SB190,14,19 448.07 (title) Renewal.

SB190,30 Section 30. 448.07 (1) (title) of the statutes is repealed and recreated to read:

SB190,14,21 448.07 (1) (title) Renewal.

SB190,31 Section 31. 448.07 (1) (a) of the statutes is repealed and recreated to read:

SB190,15,4 448.07 (1) (a) Renewal applications for a license, certificate, or respiratory care compact privilege issued under this subchapter shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a), except that renewal of a compact license shall be governed by the renewal provisions in s. 448.980 (7), and renewal of a respiratory care compact privilege shall be governed by s. 448.9886 (4).

SB190,32 Section 32. 448.07 (1) (b) of the statutes is amended to read:

SB190,15,9 448.07 (1) (b) The board shall maintain the register required by s. 440.035 (1m) (d), which shall be divided according to the activity for which the registrant is licensed or certified individual holds the license, certificate, or respiratory care compact privilege. The board shall make copies available for purchase at cost.

SB190,33 Section 33. 448.07 (1) (c) of the statutes is amended to read:

SB190,15,16 448.07 (1) (c) Every registration renewal made as provided in this section shall be presumptive evidence in all courts and other places that the person named therein is legally registered holds the license, certificate, or respiratory care compact privilege for the period covered by such registration the renewal, and shall be deemed to fulfill any statutory requirement for renewal of that license or, certificate, or compact privilege.

SB190,34 Section 34. 448.07 (1) (d) of the statutes is amended to read:

SB190,16,4 448.07 (1) (d) No registration renewal may be permitted by the secretary of the board in the case of any physician or, perfusionist, or anesthesiologist assistant who has failed to meet the requirements of s. 448.13 or any person whose license or, certificate, or respiratory care compact privilege has been suspended or revoked and the registration of any such person shall be deemed automatically annulled upon receipt by the secretary of the board of a verified report of such suspension or revocation, subject to the person’s right of appeal. A person whose license or certificate has been suspended or revoked and subsequently restored shall be registered by the board upon tendering a verified report of such restoration of the license or certificate, together with an application for registration and the registration fee.

SB190,35 Section 35. 448.07 (2) of the statutes is amended to read:

SB190,16,16 448.07 (2) Fees. Except as otherwise provided in s. 448.980, the fees for examination and licenses granted under this subchapter are specified in s. 440.05, and the renewal fee for such licenses a license, certificate, or respiratory care compact privilege is determined by the department under s. 440.03 (9) (a). Compact licenses shall be subject to additional fees and assessments, as established by the department, the board, or the interstate medical licensure compact commission, to cover any costs incurred by the department or the board for this state’s participation in the interstate medical licensure compact under s. 448.980 and costs incurred by the interstate medical licensure compact commission for its administration of the renewal process for the interstate medical licensure compact under s. 448.980.

SB190,36 Section 36. 448.08 (1m) of the statutes is amended to read:

SB190,16,24 448.08 (1m) Fee splitting. Except as otherwise provided in this section, no person licensed or certified who holds a license, certificate, or respiratory care compact privilege under this subchapter may give or receive, directly or indirectly, to or from any person, firm or corporation any fee, commission, rebate or other form of compensation or anything of value for sending, referring or otherwise inducing a person to communicate with a licensee in a professional capacity, or for any professional services not actually rendered personally or at his or her direction.

SB190,37 Section 37. 448.08 (4) of the statutes is amended to read: