2019 - 2020 LEGISLATURE

2019 Senate BILL 915

March 26, 2020 - Introduced by Senators Jacque and Wanggaard, cosponsored by Representatives Murphy and Wichgers. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB915,1,5 An Act to renumber 440.09 (2); to renumber and amend 440.09 (2m), 440.09 (3) (a), 440.09 (3) (b), 440.09 (4) and 440.09 (5); to amend 101.022, 101.874 (2), 101.874 (3) (intro.) and 440.09 (title); and to create 89.072 (3), 101.874 (4), 440.09 (1) (title), 440.09 (1m), 440.09 (2e) (title) and 440.09 (3m) of the statutes; relating to: reciprocal credentials and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill establishes a process for credential holders from other states to obtain reciprocal credentials to practice their professions in Wisconsin. Under the bill, a person who applies to the Department of Safety and Professional Services, a credentialing board, or the Veterinary Examining Board, as appropriate, must be granted a reciprocal credential if the person holds a license, certification, registration, or permit granted by another state that qualifies the person to practice the profession authorized under the analogous credential granted by DSPS or the appropriate board. In order to receive the reciprocal credential, an applicant must reside in Wisconsin and satisfy certain other requirements, including that 1) the applicant has held a license, certification, registration, or permit analogous to the credential in another state for at least one year; 2) when the applicant was granted the license, certification, registration, or permit, minimum education and, if applicable, work experience and clinical supervision requirements applied; 3) the applicant has not had a license, certification, registration, or permit revoked; 4) the applicant does not have a complaint, allegation, or investigation pending before a regulating entity in another state or country relating to unprofessional conduct; 5) the applicant passes a criminal background check that applies to applicants for the analogous credential; and 6) the applicant passes an examination on the laws governing practice of the profession in Wisconsin, if such an examination is required for the analogous credential.

The bill generally applies to credentials granted by the Veterinary Examining Board, DSPS, and credentialing boards in DSPS, but does not apply to credentials related to transportation network companies, private colleges, boxing and martial arts, body art and tanning facilities, private detectives, and security guards.

Additionally, a person who applies for a reciprocal credential under the bill during the first year after it takes effect is not required to pay any fee for the credential.

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

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

SB915,1 Section 1. 89.072 (3) of the statutes is created to read:

SB915,2,4 89.072 (3) (a) The examining board shall grant a license or certification under s. 89.06 to a person who the examining board determines meets all of the following requirements:

SB915,2,6 1. The person applies for a license or certification under this chapter on a form prescribed by the examining board.

SB915,2,10 2. The person holds a license, certification, registration, or permit that was granted by another state that qualifies the person to perform the acts authorized under the license or certification granted by the examining board and all of the following apply:

SB915,2,12 a. The person has held that license, certification, registration, or permit for at least one year.

SB915,3,2 b. When the person was granted the license, certification, registration, or permit, there were minimum education requirements in effect, and the other state verifies that the person met those requirements in order to receive that license, certification, registration, or permit.

SB915,3,3 3. The person establishes residence in this state.

SB915,3,5 4. The person previously passed all examinations required for the license, certification, registration, or permit in the other state, if required by the other state.

SB915,3,9 5. The person has not had his or her license, certification, registration, or permit revoked and has not voluntarily surrendered a license, certification, registration, or permit in another state or country while under investigation for unprofessional conduct.

SB915,3,15 6. The person has not had discipline imposed by a regulating entity in another state or country, except that if a regulating entity in another state or country has taken disciplinary action against the person, the examining board shall determine if the cause for the action was corrected and the matter resolved, and if the matter has been resolved, the examining board shall issue the license or certification if the other requirements in this paragraph are satisfied.