LRB-5346/1
JPC:amn
2021 - 2022 LEGISLATURE
December 9, 2021 - Introduced by Representatives Tranel, Novak, Billings,
Murphy, Oldenburg, Spiros, Tittl, Wichgers, Kerkman, Petryk and
Kuglitsch, cosponsored by Senators Jacque and Ringhand. Referred to
Committee on Health.
AB763,2,2
1An Act to amend 16.25 (1) (am), 48.195 (1), 48.685 (1) (ag) 2., 50.065 (1) (ag) 2.,
266.0137 (1) (ah), 102.03 (1) (c) 2., 103.88 (2), 103.88 (3) (a) 1., 108.05 (3) (a),
3109.03 (1) (e), 111.91 (2) (gu), 118.29 (1) (c), 146.37 (1) (a), 146.38 (1) (b) 1., 146.81
4(4), 146.997 (1) (d) 14., 154.19 (3) (a), 154.19 (3) (b) 3., 154.21 (1) (a), 154.225 (2)
5(a), 154.25 (6), 157.06 (12) (a) 1., 252.15 (5g) (a) 1., 256.01 (intro.), 256.12 (2) (a),
6340.01 (3) (dm) 2., 340.01 (74p) (f), 343.23 (2) (a) 1., 440.9805 (1), 891.453 (1) (b),
7895.35 (2) (a) 2., 895.48 (1m) (a) (intro.), 895.48 (1m) (a) 2., 895.48 (4) (am)
8(intro.), 895.484 (2) (d), 940.20 (7) (b), 941.20 (1m) (b), 941.37 (1) (c), 941.375 (1)
9(b) and 961.443 (1) (b); and
to create 14.89, 48.981 (2) (a) 28m., 97.67 (5m) (a)
106m., 146.81 (1) (t), 252.14 (1) (ar) 16., subchapter I (title) of chapter 256
11[precedes 256.01], subchapter II of chapter 256 [precedes 256.60] and 257.01 (2)
1(am) of the statutes;
relating to: Emergency Medical Services Personnel
2Licensure Interstate Compact and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Emergency Medical Services
Personnel Licensure Interstate Compact (compact), which provides emergency
medical services personnel the ability to obtain a “privilege to practice” in a remote
state without obtaining a license in that remote state. Under the bill, “privilege to
practice” means an individual's authority to deliver emergency medical services in
remote states as authorized under the compact, “member state” means a state that
has enacted the compact, “home state” means a member state where an individual
is licensed to practice emergency medical services, and “remote state” means a
member state in which an individual is not licensed. Significant provisions of the
compact as ratified in the bill include:
1. The compact establishes a joint public agency called the Interstate
Commission for Emergency Medical Services Personnel Practice. Each member
state has one delegate to the commission. The commission meets at least once during
each calendar year. The commission has the authority to promulgate bylaws that
regulate the activities of the commission, and rules binding on the member states.
The compact prescribes a rule-making process that requires public notice and
opportunity for comment. The commission delegates vote on all proposed rules by
majority vote. Further, the commission has the power to bring and prosecute legal
proceedings, to purchase and maintain insurance and bonds, to hire employees, and
to take other actions appropriately related to the function of the commission. All
meetings of the commission are open to the public unless closed to discuss sensitive
matters. If a meeting of the commission is closed to the public, the compact requires
that meeting minutes be prepared and kept under seal.
2. Under the compact, a home state's license authorizes an individual who
holds that license to practice in a remote state under a privilege to practice if the
home state meets certain conditions. Those conditions include that the home state
has a mechanism in place for receiving and investigating complaints about
individuals, and the home state requires a criminal background check of all
applicants for initial licensure. If the home state is in compliance with the conditions
of the compact, then an individual licensed in the home state has a privilege to
practice in all other member states under the conditions set by the compact. Under
the compact, an individual practicing in a remote state is subject to the remote state's
authority and laws. Besides the conditions of membership in the compact, the
compact does not affect the authority of a member state to issue a license or to
establish requirements for the license.
3. Under the compact, a state has the exclusive power to impose adverse action
against an individual's license that is issued by that state. If an individual's license
in any home state is restricted or suspended, the individual is not eligible to practice
in a remote state until the individual's home state license is restored. Further, under
the compact, a member state has the authority to issue subpoenas for both hearings
and investigations that require the attendance and testimony of witnesses and the
production of evidence. A subpoena issued in a member state may be enforced in a
remote state by any court of competent jurisdiction.