Chapter 448

448.980(24)(d) (d) All agreements between the interstate commission and the member states are binding in accordance with their terms.

448.980(24)(e) (e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

448.980 History History: 2015 a. 116; 2017 a. 364 s. 49; 2017 a. 365 s. 111; 2019 a. 49 s. 1.

448.981 448.981 Implementation of the interstate medical licensure compact.

448.981(1) (1) In this section:

448.981(1)(a) (a) “Board” means the medical examining board.

448.981(1)(b) (b) “Compact” means the interstate medical licensure compact entered into under s. 448.980.

448.981(1)(c) (c) “Expedited license” has the meaning given in s. 448.980 (2) (d).

448.981(1)(d) (d) “Interstate commission” has the meaning given in s. 448.980 (2) (e).

448.981(1)(e) (e) “Member board” has the meaning given in s. 448.980 (2) (h).

448.981(1)(f) (f) “Member state” has the meaning given in s. 448.980 (2) (i).

448.981(1)(g) (g) “State of principal license” has the meaning given in s. 448.980 (2) (o).

448.981(2) (2) Notwithstanding s. 448.980 and any rules promulgated by the interstate commission under s. 448.980, the board may only disclose information about an individual pursuant to the compact if the information meets all of the following criteria:

448.981(2)(a) (a) Any of the following applies:

448.981(2)(a)1. 1. The individual has a current expedited license granted by the board pursuant to the compact.

448.981(2)(a)2. 2. The individual has a current expedited license granted by another member state or is applying to receive an expedited license in another member state, and Wisconsin is currently designated as his or her state of principal license.

448.981(2)(a)3. 3. The individual is requesting to designate Wisconsin as his or her state of principal license pursuant to the compact.

448.981(2)(a)4. 4. The individual is applying to receive an expedited license to practice in Wisconsin pursuant to the compact.

448.981(2)(b) (b) The information is provided only to a member board with responsibility for authorizing the practice of medicine in the member state or to the interstate commission.

448.981(2)(c) (c) If the information pertains to an investigation or discipline, all identifying information of individuals or entities other than the individual being investigated or disciplined is removed.

448.981(2)(d) (d) The information is not confidential under the laws of this state.

448.981(3) (3) A subpoena issued pursuant to s. 448.980 (9) (c) shall only be enforceable in this state or against a citizen of this state if all of the following apply:

448.981(3)(a) (a) The subpoena is issued by a member board with responsibility for authorizing the practice of medicine in the member state.

448.981(3)(b) (b) The individual being subpoenaed is one of the following:

448.981(3)(b)1. 1. A physician with a current expedited license granted by the board pursuant to the compact.

448.981(3)(b)2. 2. A physician with a current expedited license granted by another member state, and Wisconsin is currently designated as the physician’s state of principal license.

448.981(4) (4) In applying s. 448.980 (9) (e), the board may only undertake such investigation of violations of another state’s statute authorizing the practice of medicine if one of the following applies:

448.981(4)(a) (a) The physician being investigated has a current expedited license that was granted by the board and a current expedited license that was granted by the other state pursuant to the compact.

448.981(4)(b) (b) The physician being investigated has a current expedited license that was granted by the board pursuant to the compact and the other state is the physician’s currently designated state of principal license.

448.981(4)(c) (c) The physician being investigated has a current expedited license that was granted by the other state pursuant to the compact and Wisconsin is the physician’s currently designated state of principal license.

448.981(5) (5) The board shall, by January 1 of each year, report to the members of the joint committee on finance the number of individuals investigated by the board solely pursuant to s. 448.980 (9) (e) and the expenses incurred by the board undertaking investigations pursued solely pursuant to s. 448.980 (9) (e) and shall also include in the report a copy of all rules promulgated by the interstate commission since the last report under this subsection and all changes made to any rules previously promulgated by the interstate commission since the last report.

448.981(6) (6) The payment of assessments for the interstate medical licensure compact under s. 448.980 (13) (a) shall be made from the appropriation account under s. 20.165 (1) (hg) using the licensure fees paid by physicians licensed under the compact. No fees from physicians that have not applied for licensure through the compact shall be used to pay Wisconsin’s annual assessment pursuant to s. 448.980 (13) (a) without the approval of the joint committee on finance.

448.981 History History: 2015 a. 116; 2017 a. 366 s. 99; 2019 a. 49 s. 1.

subch. XI of ch. 448 SUBCHAPTER XI

PHYSICAL THERAPY
LICENSURE COMPACT

Subch. XI of ch. 448 Note NOTE: Subch. XI (title) was renumbered from subch. X (title) by the legislative reference bureau under s. 13.92 (1) (bm) 2.

448.985 448.985 Physical therapy licensure compact.

448.985(1) (1) Purpose.

448.985(1)(a) (a) The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

448.985(1)(b) (b) This compact is designed to achieve all of the following objectives:

448.985(1)(b)1. 1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.

448.985(1)(b)2. 2. Enhance the states’ ability to protect the public’s health and safety.

448.985(1)(b)3. 3. Encourage the cooperation of member states in regulating multistate physical therapy practice.

448.985(1)(b)4. 4. Support spouses of relocating military members.

448.985(1)(b)5. 5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.

448.985(1)(b)6. 6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

448.985(2) (2) Definitions. As used in this compact, and except as otherwise provided, the following definitions shall apply:

448.985(2)(a) (a) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 USC 1209 and 1211 [10 USC chs. 1209 and 1211].

448.985 Note NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.

448.985(2)(b) (b) “Adverse action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

448.985(2)(c) (c) “Alternative program” means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

448.985(2)(d) (d) “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

448.985(2)(e) (e) “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

448.985(2)(f) (f) “Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

448.985(2)(g) (g) “Encumbered license” means a license that a physical therapy licensing board has limited in any way.

448.985(2)(h) (h) “Executive board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

448.985(2)(i) (i) “Home state” means the member state that is the licensee’s primary state of residence.

448.985(2)(j) (j) “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

448.985(2)(k) (k) “Jurisprudence requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.

448.985(2)(L) (L) “Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

448.985(2)(m) (m) “Member state” means a state that has enacted the compact.

448.985(2)(n) (n) “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

448.985(2)(o) (o) “Physical therapist” means an individual who is licensed by a state to practice physical therapy.

448.985(2)(p) (p) “Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

448.985(2)(q) (q) “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

448.985(2)(r) (r) “Physical therapy compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.

448.985(2)(s) (s) “Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

448.985(2)(t) (t) “Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

448.985(2)(u) (u) “Rule” means a regulation, principle, or directive promulgated by the commission that has the force of law.

448.985(2)(v) (v) “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

448.985(3) (3) State participation in the compact.

448.985(3)(a) (a) To participate in the compact, a state must do all of the following:

448.985(3)(a)1. 1. Participate fully in the commission’s data system, including using the commission’s unique identifier as defined in rules.

448.985(3)(a)2. 2. Have a mechanism in place for receiving and investigating complaints about licensees.

448.985(3)(a)3. 3. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee.

448.985(3)(a)4. 4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions in accordance with par. (b).

448.985(3)(a)5. 5. Comply with the rules of the commission.

448.985(3)(a)6. 6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission.

448.985(3)(a)7. 7. Have continuing competence requirements as a condition for license renewal.

448.985(3)(b) (b) Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the federal bureau of investigation for a criminal background check in accordance with 28 USC 534 and 42 USC 14616.

448.985(3)(c) (c) A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.

448.985(3)(d) (d) Member states may charge a fee for granting a compact privilege.

448.985(4) (4) Compact privilege.

448.985(4)(a) (a) To exercise the compact privilege under the terms and provisions of the compact, the licensee shall satisfy all of the following:

448.985(4)(a)1. 1. Hold a license in the home state.

448.985(4)(a)2. 2. Have no encumbrance on any state license.

448.985(4)(a)3. 3. Be eligible for a compact privilege in any member state in accordance with pars. (d), (g), and (h).

448.985(4)(a)4. 4. Have not had any adverse action against any license or compact privilege within the previous 2 years.

448.985(4)(a)5. 5. Notify the commission that the licensee is seeking the compact privilege within a remote state(s).