SB158,,1 2023 SENATE BILL 158

April 3, 2023 - Introduced by Senators Cabral-Guevara, Cowles, Felzkowski, Feyen, Jacque, Marklein and Stroebel, cosponsored by Representatives Goeben, Sortwell, Armstrong, Behnke, Bodden, Born, Dittrich, Donovan, Gustafson, Kitchens, Kurtz, Murphy, Mursau, O’Connor, Oldenburg, Penterman, Rozar, Schmidt, Schraa, Tittl and Wichgers. Referred to Committee on Licensing, Constitution and Federalism.

SB158,,2 An Act to amend 440.08 (2) (a) (intro.) and 440.094 (1) (c) 3., 4. and 5.; and to create 440.094 (1) (c) 9g., 9m., 17. and 19. and 440.095 of the statutes; relating to: preliminary health care credentials granted to previously unlicensed individuals.

SB158,,3 Analysis by the Legislative Reference Bureau

This bill requires the Department of Safety and Professional Services to grant preliminary credentials to certain individuals who have recently completed the requirements to obtain a health care credential.

Under the bill, DSPS must grant a preliminary credential to an individual who attests to meeting all of the requirements for a corresponding permanent or training credential, including having completed all education, training, supervised experience, and similar requirements within the previous two-year period. The individual must also attest that he or she does not, to the best of his or her knowledge, have a disqualifying arrest or conviction record, and that he or she has been engaged by a health care employer to provide services that are within the scope of the credential that he or she is seeking. Finally, the individual must have also submitted an application for the permanent or training credential that remains pending.

The health care employer must submit to DSPS the employer’s national provider identifier and attest to having engaged the individual to provide the aforementioned services. The health care employer must also attest that the individual has, to the best of the health care employer’s knowledge and with a reasonable degree of certainty, completed the required education, training, and supervised experience necessary for the corresponding permanent or training credential within the two years preceding the submission of the application for the preliminary credential, has passed required examinations, and has passed a background check performed by the health care employer.

The preliminary credential becomes effective upon the submission of the attestation by the health care employer or on a later date specified therein. The preliminary credential expires on the date that the application for the permanent or training credential is granted or denied. While providing services under a preliminary credential, the person is subject to all responsibilities and limitations of the corresponding permanent or training credential.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

SB158,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB158,1 Section 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB158,,6 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094, 440.095, 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

SB158,2 Section 2. 440.094 (1) (c) 3., 4. and 5. of the statutes are amended to read:

SB158,,8 440.094 (1) (c) 3. A dentist, dental hygienist, or expanded function dental auxiliary licensed or certified under ch. 447.

SB158,,9 4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

SB158,,10 5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.