September 5, 2019 - Introduced by Senators Marklein, Ringhand, Testin,
Darling, Jacque, Kooyenga, Nass and L. Taylor, cosponsored by
Representatives Stafsholt, Doyle, Magnafici, Horlacher, Anderson,
Bowen, Dittrich, Felzkowski, Gundrum, Knodl, Kolste, Kurtz, Petryk,
Ramthun, Spreitzer, C. Taylor, Tusler, VanderMeer, Vruwink and
Wichgers. Referred to Committee on Health and Human Services.

SB390,1,11 1An Act to amend 49.45 (9r) (a) 7. b., 146.81 (1) (dg), 146.997 (1) (d) 4., 154.01 (3),
2155.01 (7), 252.14 (1) (ar) 4e., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13)
3(b) (intro.), 440.15, 446.01 (1v) (d), 448.50 (3) and (3m), 448.51, 448.56 (2),
4448.565, 448.57 (2) (intro.), (c), (d) and (e), (4) and (5), 448.956 (1m) and (4),
5450.10 (3) (a) 5., 451.02 (1) and 462.04; to repeal and recreate 440.03 (13) (b)
6(intro.) and 440.15; and to create 14.88, 440.03 (11m) (c) 2m., 448.50 (1n) and
7(1o), subchapter IX of chapter 448 [precedes 448.985] and 448.986 of the
8statutes; relating to: ratification of the Physical Therapy Licensure Compact,
9extending the time limit for emergency rule procedures, providing an
10exemption from emergency rule procedures, and granting rule-making
11authority.

This bill ratifies and enters Wisconsin into the Physical Therapy Licensure
Compact (compact), which provides for the ability of a physical therapist or physical
therapist assistant licensed in one member state (licensee) to obtain a “compact

privilege” to practice in a remote state without obtaining a license in that remote
state. Significant provisions of the compact include:

1. The creation of a Physical Therapy Compact Commission (commission),
which includes one member of the licensure boards of each member state. The
commission has various powers and duties granted in the compact, including
overseeing the administration of the compact, enforcing the compact, adopting
bylaws, promulgating binding rules for the compact, employing an executive director
and employees, and establishing and electing an executive board. The commission
may levy on and collect an annual assessment from each member state or impose fees
on other parties to cover the cost of the operations and activities of the commission
and its staff.

2. A process whereby a licensee may obtain a compact privilege to practice in
another member state. A licensee's primary state of residence is considered to be his
or her home state, and any other member state in which the licensee wishes to
practice is considered a remote state. A licensee providing physical therapy in a
remote state under a compact privilege is subject to that state's regulatory authority.
A remote state may take action against a licensee's compact privilege in the remote
state, and the licensee is then not eligible for a compact privilege in any state until
certain criteria are met. If a licensee's compact privilege in any remote state is
removed, the individual loses his or her compact privilege in any remote state until
certain criteria are met. However, a home state has the exclusive power to impose
adverse action against a license issued by the home state. If a home state license is
encumbered (i.e., suspended), the licensee loses his or her compact privilege in any
remote state until certain criteria are met. Member states may charge a fee for
granting a compact privilege and may impose a jurisprudence requirement for
granting a compact privilege that assesses an individual's knowledge of the laws and
rules governing the practice of physical therapy in a particular state.

3. The ability for member boards to conduct joint investigations of licensees and
the ability of member states to issue subpoenas that are enforceable in other states.

4. The creation of a coordinated database and reporting system containing
licensure, adverse action, and investigative information on all licensed individuals
in member states. A member state must submit a uniform data set to the data system
on all individuals to whom this compact is applicable as required by the rules of the
commission.

5. Various provisions regarding resolutions of disputes between the
commission and member states and between member and nonmember states,
including a process for termination of a state's membership in the compact if the state
defaults on its obligations under the compact.

Having already been enacted by more than ten states, the compact becomes
effective in this state upon enactment of the bill. The compact provides that it may
be amended upon enactment of an amendment by all member states. A state may
withdraw from the compact by repealing the statute authorizing the compact, but the
compact provides that a withdrawal does not take effect until six months after the
effective date of that repeal.

SB390,3,6 214.88 Physical therapy licensure compact. There is created a physical
3therapy compact commission as specified in s. 448.985. The administrator of the
4commission representing this state shall be an individual described in s. 448.985 (7)
5(b) 2. The commission has the powers and duties granted and imposed under s.
6448.985.

SB390,3,1715 146.997 (1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist,
16or physical therapist assistant licensed under ch. 448 or a physical therapist or
17physical therapist assistant who holds a compact privilege under subch. IX of ch. 448.