2021 Assembly BILL 410

June 25, 2021 - Introduced by Representatives VanderMeer, Moses, Cabral-Guevara, Billings, Brandtjen, Dallman, Doyle, Knodl, Mursau, Novak, Oldenburg, Pronschinske, Rozar, Spiros, Subeck, Tauchen, Thiesfeldt, Wichgers, Shelton and Tusler, cosponsored by Senators Ballweg, Cowles, Felzkowski, Marklein, Nass, L. Taylor and Pfaff. Referred to Committee on Regulatory Licensing Reform.

AB410,1,9 An Act to amend 49.45 (9r) (a) 7. c., 146.81 (1) (es), 146.997 (1) (d) 4., 146.997 (1) (d) 5., 155.01 (7), 252.14 (1) (ar) 4p., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (h), 448.956 (1m), 448.96 (4) and (6), 448.961, 448.968 (2) (intro.), 450.10 (3) (a) 5. and 451.02 (1); and to create 14.89, 440.03 (11m) (c) 2r., 448.96 (1n) and (1o) and subchapter XI of chapter 448 [precedes 448.987] of the statutes; relating to: ratification of the Occupational Therapy Licensure Compact, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill ratifies and enters Wisconsin into the Occupational Therapy Licensure Compact (compact), which provides for the ability of an occupational therapist or occupational therapy 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 Occupational Therapy Compact Commission (commission), which includes one member or representative of the licensure boards of each member state. The compact grants various powers and duties to the commission, including overseeing the administration of the compact, enforcing the compact, adopting bylaws, promulgating binding rules for the compact, establishing an executive committee, and employing officers and employees. 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 seeks to practice is considered a remote state. A licensee providing occupational 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 may lose 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's compact privilege in any remote state is deactivated until all encumbrances have been removed from the home state license. 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 occupational 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.

The compact becomes effective in this state upon enactment of the bill or upon enactment of the compact in ten states, whichever occurs later. 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.

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:

AB410,1 Section 1. 14.89 of the statutes is created to read:

AB410,3,6 14.89 Occupational therapy licensure compact. There is created an occupational therapy compact commission as specified in s. 448.987. The delegate of the commission representing this state shall be an individual described in s. 448.987 (8) (b) 2. The commission has the powers and duties granted and imposed under s. 448.987.

AB410,2 Section 2. 49.45 (9r) (a) 7. c. of the statutes is amended to read:

AB410,3,9 49.45 (9r) (a) 7. c. An occupational therapist who is licensed under subch. VII of ch. 448 or who holds a compact privilege under subch. XI of ch. 448.

AB410,3 Section 3. 146.81 (1) (es) of the statutes is amended to read:

AB410,3,13 146.81 (1) (es) An occupational therapist or occupational therapy assistant who is licensed under subch. VII of ch. 448 or who holds a compact privilege under subch. XI of ch. 448.

AB410,4 Section 4. 146.997 (1) (d) 4. of the statutes is amended to read:

AB410,3,20 146.997 (1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist, or physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448 or; a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448 ; or an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XI of ch. 448.

AB410,5 Section 5. 146.997 (1) (d) 5. of the statutes is amended to read:

AB410,4,2 146.997 (1) (d) 5. An occupational therapist, occupational therapy assistant, physician assistant or A respiratory care practitioner certified under ch. 448.

AB410,6 Section 6. 155.01 (7) of the statutes is amended to read:

AB410,4,16 155.01 (7) “Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical therapist or physical therapist assistant who holds a compact privilege under subch. IX of ch. 448, an occupational therapist or occupational therapy assistant who holds a compact privilege under subch. XI of ch. 448, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB410,7 Section 7. 252.14 (1) (ar) 4p. of the statutes is amended to read: