September 6, 2023 - Introduced by Representatives VanderMeer, Magnafici, Considine, Armstrong, Baldeh, Callahan, Dittrich, Doyle, Goeben, Green, Gundrum, Joers, Kitchens, Maxey, O’Connor, Penterman, Rettinger, Schmidt, Spiros, Stubbs, Summerfield, Tittl, Wichgers and Plumer, cosponsored by Senators Stafsholt, Ballweg, Cabral-Guevara, Felzkowski, Hutton, Marklein, Quinn, Spreitzer, Tomczyk and Larson. Referred to Committee on Regulatory Licensing Reform.

AB410,,22An Act to renumber 252.14 (1) (ar) 14., 448.978 (1) and 448.978 (2) (d) 1. and 2.; to renumber and amend 440.03 (13) (c), 448.015 (4) (am) 2m., 448.974 (2) and 448.978 (2) (d) (intro.); to amend 49.45 (9r) (a) 7. e., 97.67 (5m) (a) 3., 118.2925 (1) (f), 146.81 (1) (eu), 146.997 (1) (d) 4., 154.01 (3) (b), 155.01 (1g) (c), 155.01 (7), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.094 (1) (c) 4., 440.15, 448.971 (2), 448.972 (1), 448.973 (2), 448.974 (title), 448.978 (2) (intro.), 448.978 (2) (a), 448.978 (2) (g), 450.10 (3) (a) 5., 462.02 (2) (e), 462.04, 895.48 (1m) (a) (intro.), 971.14 (4) (a) and 990.01 (27s); to repeal and recreate 16.417 (1) (e) 3m. and 252.15 (1) (am); and to create 14.835, 111.335 (4) (jm), 440.03 (11m) (c) 2c., 440.03 (13) (c) 1. i., 440.094 (1) (c) 9m., 448.971 (1L), 448.971 (1m), 448.974 (1m), 448.974 (2) (bm) and subchapter XIII of chapter 448 [precedes 448.988] of the statutes; relating to: ratification of the PA Licensure Compact.

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

1. The creation of a PA Licensure Compact Commission, which includes one member or administrator of the licensure boards of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding 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 who receive compact privileges to cover the cost of the operations and activities of the commission and its staff.

2. The ability for a PA to obtain a “compact privilege,” which allows a PA who satisfies certain criteria to practice as a PA to provide medical services and other licensed activity to a patient located in another member state (remote state) under the remote state’s laws and regulations. The compact specifies a number of requirements in order for a PA to exercise a compact privilege, including holding a PA license in a member state, not having a felony or misdemeanor conviction, having had no revocation of a license or limitation or restriction on any license currently held due to an adverse action, and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state, though the bill does not impose any jurisprudence requirement. A remote state may, in accordance with that state’s laws, take adverse action against a PA’s compact privilege in the remote state and take any other necessary actions to protect the health and safety of its citizens. If the state in which a PA is licensed (home state) takes adverse action against a PA’s license, the PA loses the compact privilege in all remote states until certain criteria are satisfied. A member state may not impose discipline against a PA’s compact privilege or deny an application for a compact privilege in that member state for the individual’s otherwise lawful practice in another state.

3. The ability of member states to issue subpoenas that are enforceable in other states provided, however, that subpoenas may not be issued by a member state to gather evidence of conduct in another state that is lawful in that other state for the purpose of taking adverse action against a compact privilege or application for a compact privilege in that member state.

4. The creation of a coordinated data and reporting system containing licensure, adverse action, and the reporting of the existence of significant investigative information on PAs and applicants denied a PA license. The compact requires all adverse actions to be reported to the administrator of the data system. 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.