SB194,,112023 SENATE BILL 194
April 3, 2023 - Introduced by Joint Legislative Council. Referred to Committee on Licensing, Constitution and Federalism.
SB194,,22An Act to repeal 440.094 (1) (b); to amend 440.08 (2) (a) (intro.), 440.094 (title), (1) (c) (intro.), 3., 4. and 5. and (2) and 440.094 (3); and to create 440.094 (1) (c) 9g., 9m., 17. and 19., (d), (e) and (f) and 440.094 (4) of the statutes; relating to: practice of certain professions by credential holders from other states.
SB194,,33Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in the bill.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
SB194,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This draft was prepared for the Joint Legislative Council’s Study Committee on Occupational Licenses.
Current law, enacted in 2021 Wisconsin Act 10, requires the Department of Safety and Professional Services (DSPS) to grant a temporary state credential to a health care provider who is credentialed in good standing in another state, pending an application for a permanent credential. The provider must apply for the temporary credential within 30 days of first providing services in Wisconsin and attest that the person is in good standing under the out-of-state credential and has applied for a permanent credential. The health care provider’s employer must notify DSPS within 10 days of the person first providing services in Wisconsin and attest that the provider’s credential and good standing have been confirmed to a reasonable degree of certainty. An employer’s notification and attestation are not required if the person is only providing telehealth services.
To be in good standing under a credential from another state, the provider must hold a valid, unexpired credential and must not be under investigation or have any active restrictions or limitations on the person’s credential. While practicing in Wisconsin under the temporary credential, a health care provider is subject to all responsibilities and limitations in the applicable practice.
The bill expands this process from health care providers to also include persons classified in the business professions with credentials in good standing in another state or territory. The bill revises the terminology for all health care and business profession applicants from a “temporary” credential to a “preliminary” credential. If an individual with a valid, unexpired credential from another state or territory applies for a preliminary credential under the process described above, the individual may provide health care or business services for an employer, under the preliminary credential, while an application for a permanent credential is pending. While providing services under the preliminary credential, the person is subject to all responsibilities and limitations of the applicable state-issued credential.
The bill adds a definition for the term “remote credential,” to mean a credential from another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that an individual who holds a state-issued credential is authorized or qualified to perform. The bill also adds the following health care professions that may apply for a preliminary credential, who are not included in current law: dental hygienists, expanded function dental auxiliaries, genetic counselors, radiographers, and naturopathic doctors.
Under both current law and the bill, the preliminary credential takes effect on the date that the individual begins providing services in this state. The preliminary credential expires on the date that the application for the permanent credential is granted or denied.
The bill does not apply to credentials for trades occupations, transportation network companies, peddlers, unarmed combat sports, and body art and tanning facilities or to credentials issued by other agencies.
SB194,15Section 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
SB194,,66440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094 (2) (c) 2., 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: