SB320,,112023 SENATE BILL 320
June 7, 2023 - Introduced by Senators Stafsholt, Felzkowski, Feyen, Marklein and Stroebel, cosponsored by Representatives Gustafson, Sortwell, Allen, Brandtjen, Dittrich, Edming, Green, Moses, Murphy, Mursau, Neylon, O’Connor, Rozar and Wichgers. Referred to Committee on Licensing, Constitution and Federalism.
SB320,,22An Act to repeal 89.072, 89.073 (1), 89.073 (2) (b), 89.073 (2m), 89.073 (4), 440.09 (1), 440.09 (2) (b), 440.09 (2m), 440.09 (4), 440.88 (7), 440.972 (1m), 440.98 (7), 441.06 (1m), 441.10 (8), 442.05, 443.06 (2) (d), 443.10 (1) (a), (b), (c) and (e), 445.08, 446.02 (3g), 447.02 (3) (a) 2., 447.04 (1) (b), 447.04 (2) (b), 448.53 (3), 448.535 (2), 448.63 (2), 448.82, 448.953 (2), 448.966, 448.9704 (2) (a), 448.974 (1) (b), 449.055, 450.05, 450.071 (3m), 451.08, 454.13 (1), 454.27 (1), 455.04 (3), 456.08, 457.15, 458.06 (4m), 458.08 (4), 459.05 (1m), 459.28 (1), 460.09, 470.06 and 480.12 (1); to renumber 89.073 (3) (a), 440.09 (3) (a), 443.10 (1) (d), 448.535 (1), 448.9704 (2) (b), 454.13 (2), 454.27 (2), 459.28 (2) and 480.12 (2); to renumber and amend 448.974 (1) (a), 458.06 (2) (intro.), 458.08 (2) (intro.) and 459.05 (1); to consolidate, renumber and amend 447.02 (3) (a) (intro.) and 1.; to amend 45.44 (1) (a) 5., 54.25 (2) (c) 1. d., 55.043 (4) (b) 5., 89.06 (1), 89.063, 89.071 (1), 89.0715 (2), 89.073 (title), 89.073 (2) (f), 89.078 (1), 89.078 (2), 89.078 (3), 93.135 (5), 251.06 (3) (e) 3., 321.60 (1) (a) 6m., 440.09 (title), 440.09 (2) (f), 442.04 (1), 442.04 (5) (b) 4., 443.01 (3r) (a), 443.01 (3r) (b), 443.02 (2), 443.02 (3), 443.18 (1) (a), 443.18 (2) (a), 445.07 (2) (b), 447.04 (2) (c) 1., 447.04 (2) (c) 2., 447.04 (2) (d) 1., 447.04 (2) (d) 2., 448.53 (1) (d), 448.54 (3), 448.63 (1) (d) 1., 448.64 (3), 448.9545 (1) (a), 450.01 (15), 450.02 (2) (a), 450.03 (1) (g), 451.04 (2) (d), 451.04 (2) (e), 451.04 (3), 452.05 (3), 452.09 (2) (a), 452.09 (2) (c) (intro.), 452.09 (4) (d), 454.06 (1) (a), 454.23 (2) (a), 458.06 (2) (b), 458.08 (2) (b), 462.03 (1) (intro.), 462.03 (2), 462.03 (3), 462.06 (1) (b) and 961.385 (1) (aL); to repeal and recreate 443.10 (1) (title), 454.13 (title), 454.27 (title), 459.28 (title) and 480.12 (title); and to create 89.073 (3) (ac), 89.073 (3) (am), 89.073 (6), 440.09 (3) (ac), 440.09 (3) (am) and 440.09 (6) of the statutes; relating to: reciprocal credentials.
SB320,,33Analysis by the Legislative Reference Bureau
This bill expands provisions allowing individuals who hold a license, certification, registration, or permit that was granted by another state to apply for and receive a reciprocal credential in this state.
Under current law, an individual may not engage in certain professions or assume certain titles in this state unless the individual holds a credential issued by the Department of Safety and Professional Services or a credentialing board with authority to oversee the profession or practice. In certain circumstances, an individual who holds a license, certification, or registration from another jurisdiction that authorizes or qualifies the applicant to perform acts that are substantially the same as those acts authorized by a Wisconsin credential may obtain a “reciprocal credential.” Current law generally provides two methods for obtaining a reciprocal credential:
1. Under one of numerous provisions allowing DSPS or a credentialing board to grant a reciprocal credential if certain conditions are met. These provisions do not exist for every profession, and generally require that the requirements in the other jurisdiction in which the individual is licensed, certified, or registered have requirements that are similar to or substantially equivalent to those under Wisconsin law.
2. Under a “universal” provision that requires DSPS or a credentialing board to issue a reciprocal credential if certain conditions are met. This provision does not require that the other jurisdiction’s requirements for granting the license, credential, or registration be similar to or substantially equivalent to those under Wisconsin law and is not limited to specific professions or occupations. However, it is available only to service members, former service members, or the spouses of a service member or former service members who reside in this state. In addition, it requires that the individual be in good standing with the governmental authorities in every jurisdiction outside this state that have granted the license, credential, or registration.
The bill repeals the various profession-specific reciprocal credential provisions described above and expands who may apply for reciprocal credentials under the universal provision to include all individuals, and not only service members and spouses. However, the bill also eliminates the requirement that the applicant reside in this state. Additionally, the bill clarifies that the provision 1) requires that the individual not have any limitation, restriction, or other encumbrance on a credential issued in another state and not be under investigation by a credentialing authority in another state; 2) only provides for the granting of reciprocal credentials to natural persons; and 3) does not apply to temporary credentials or to certain other specified nonstandard credentials, including unarmed combat sports credentials, peddler’s licenses for ex-soldiers, and credentials issued under the Uniform Athlete Agents Act. The bill provides that once an individual applies for a reciprocal credential, the credential is considered to be provisionally granted on that date, and the individual may immediately practice the occupation or profession, subject to the ultimate decision on whether to grant or deny the reciprocal credential. Finally, the bill provides that a person who receives a reciprocal credential must limit his or her practice to the scope of his or her experience, education, and training.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
SB320,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB320,15Section 1. 45.44 (1) (a) 5. of the statutes is amended to read:
SB320,,6645.44 (1) (a) 5. A license, certification, registration, or permit issued under s. 89.06, 89.072, 89.073, 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175 (2), 97.22 (2), 98.145, 98.146, 98.18 (1) (a), or 168.23 (3).
SB320,27Section 2. 54.25 (2) (c) 1. d. of the statutes is amended to read:
SB320,,8854.25 (2) (c) 1. d. The right to apply for an operator’s license, a license issued under ch. 29, a license, certification, or permit issued under s. 89.06, 89.072, or 89.073, or a credential, as defined in s. 440.01 (2) (a), if the court finds that the individual is incapable of understanding the nature and risks of the licensed or credentialed activity, to the extent that engaging in the activity would pose a substantial risk of physical harm to the individual or others. A failure to find that an individual is incapable of applying for a license or credential is not a finding that the individual qualifies for the license or credential under applicable laws and rules.
SB320,39Section 3. 55.043 (4) (b) 5. of the statutes is amended to read:
SB320,,101055.043 (4) (b) 5. Refer the case to the department of safety and professional services or the department of agriculture, trade and consumer protection, as appropriate, if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 or to hold a license, certification, or permit issued under s. 89.06, 89.072, or 89.073.
SB320,411Section 4. 89.06 (1) of the statutes is amended to read:
SB320,,121289.06 (1) Except as provided under ss. 89.072 and s. 89.073, veterinary licenses shall be issued only to persons who successfully pass an examination conducted by the examining board and pay the fee established under s. 89.063. An applicant for an initial license shall be a graduate of a veterinary college that has been approved by the examining board or have successfully completed either the educational commission for foreign veterinary graduates certification program of the American Veterinary Medical Association or the program for the assessment of veterinary education equivalence offered by the American Association of Veterinary State Boards. Persons who qualify for examination may be granted temporary permits to engage in the practice of veterinary medicine in the employment and under the supervision of a veterinarian until the results of the next examination conducted by the examining board are available. In case of failure at any examination, the applicant shall have the privilege of taking subsequent examinations, upon the payment of another fee for each examination.
SB320,513Section 5. 89.063 of the statutes is amended to read: