Chapter 440

440.08(3)(b) (b) The department or the interested examining board or affiliated credentialing board, as appropriate, may promulgate rules requiring the holder of a credential who fails to renew the credential within 5 years after its renewal date to complete requirements in order to restore the credential, in addition to the applicable requirements for renewal established under chs. 440 to 480, that the department, examining board or affiliated credentialing board determines are necessary to protect the public health, safety or welfare. The rules may not require the holder to complete educational requirements or pass examinations that are more extensive than the educational or examination requirements that must be completed in order to obtain an initial credential from the department, the examining board or the affiliated credentialing board.

440.08(4) (4) Denial of credential renewal.

440.08(4)(a) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential.

440.08(4)(b) (b) Applicability. This subsection does not apply to a denial of a credential renewal under s. 440.12 or 440.13 (2) (b).

440.08(5) (5) Renewal suspension for public health emergency.

440.08(5)(a) (a) In this subsection, “health care provider credential” means any credential issued under ch. 441, 447, 448, 450, 455, 460, or 462.

440.08(5)(b) (b) Notwithstanding subs. (1) to (3) and the applicable provisions in chs. 440 to 480, but subject to any professional discipline imposed on the credential, a health care provider credential is not subject to renewal, or any other conditions for renewal including continuing education, and remains valid during the period specified in par. (c).

440.08(5)(c) (c) For purposes of par. (b), the period shall be the period beginning on March 12, 2020, and ending on the 60th day after the end of the period covered by the public health emergency declared on March 12, 2020, by executive order 72.

440.08(5)(d) (d) A renewal that occurs subsequent to the period described in par. (c) is not subject to the late renewal fee under sub. (3) (a) if the application to renew the credential is received before the next applicable renewal date. Notwithstanding the applicable provisions in chs. 440 to 480, the applicable credentialing board may, for that next applicable renewal date, provide an exemption from or reduction of continuing education or other conditions for renewal.

440.08 History History: 1991 a. 39 ss. 3305, 3313; 1991 a. 78, 160, 167, 269, 278, 315; 1993 a. 3, 16, 102, 105, 107, 443, 463, 465; 1993 a. 490 ss. 228 to 230, 274, 275; 1995 a. 27, 233, 321, 322, 461; 1997 a. 27, 75, 81, 96, 156, 191, 237, 261, 300; 1999 a. 9, 32; 2001 a. 16, 70, 74, 80, 89; 2003 a. 150, 270, 285, 327; 2005 a. 25, 31, 242, 292, 297, 407; 2007 a. 20, 174, 189; 2009 a. 28, 29, 106, 130, 174, 282, 355, 360; 2011 a. 160, 190, 258; 2013 a. 20, 240, 244, 358; 2015 a. 3, 16, 55, 116; 2015 a. 195 s. 83; 2015 a. 258; 2017 a. 82, 113, 329, 364; 2019 a. 49 s. 1; 2019 a. 185; 2021 a. 22, 25, 100, 130, 195, 251, 254; 2023 a. 33, 87.

440.09 440.09 Reciprocal credentials for service members, former service members, and their spouses.

440.09(1) (1) In this section:

440.09(1)(a) (a) “Former service member” means a person who was discharged from the U.S. armed forces under conditions other than dishonorable within 4 years of the date on which the service member or the spouse of the service member applies for a reciprocal credential under this section.

440.09(1)(b) (b) “Service member” means a member of the U.S. armed forces, a reserve unit of the U.S. armed forces, or the national guard of any state.

440.09(1)(c) (c) “Spouse” includes the spouse of a person who died while in service in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces.

440.09(2) (2) The department and each credentialing board shall grant a reciprocal credential to an individual who the department or credentialing board determines meets all of the following requirements:

440.09(2)(a) (a) The individual applies for a reciprocal credential under this section on a form prescribed by the department or credentialing board.

440.09(2)(b) (b) The individual is a service member, a former service member, or the spouse of a service member or former service member and resides in this state.

440.09(2)(c) (c) The individual holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under the appropriate credential granted by the department or credentialing board.

440.09(2)(d) (d) The individual pays the fee specified under s. 440.05 (2).

440.09(2)(f) (f) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a license, certification, registration, or permit that qualifies the individual to perform acts authorized under the appropriate credential granted by the department or credentialing board.

440.09(2m) (2m) If an individual is unable to provide documentation that the individual is a service member, former service member, or the spouse of a service member or former service member, the individual may submit an affidavit to the department or credentialing board, as appropriate, stating that the individual is a service member, former service member, or the spouse of a service member or former service member.

440.09(3) (3) 

440.09(3)(a) (a) A reciprocal credential granted under this section expires on the applicable renewal date specified in s. 440.08 (2) (a), except that if the first renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted is within 180 days of the date on which the credential is granted, the credential expires on the 2nd renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted.

440.09(3)(b) (b) The department or credentialing board, as appropriate, shall grant a renewed reciprocal credential to an applicant who pays the renewal fee specified under s. 440.05 (2) and satisfies the requirements that apply for renewing that credential.

440.09(4) (4) The department or credentialing board, as appropriate, shall expedite the issuance of a reciprocal credential granted under this section.

440.09(5) (5) The department or credentialing board, as appropriate, may promulgate rules necessary to implement this section.

440.09 History History: 2011 a. 210; 2019 a. 143.

440.094 440.094 Practice by health care providers from other states.

440.094(1) (1) Definitions. In this section:

440.094(1)(a) (a) “Credential” means a license, permit, certificate, or registration.

440.094(1)(b) (b) “Health care employer” means a system, care clinic, care provider, long-term care facility, or any entity whose employed, contracted, or affiliated staff provide health care service to individuals in this state.

440.094(1)(c) (c) “Health care provider” means an individual who holds a valid, unexpired credential granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:

440.094(1)(c)1. 1. A registered nurse, licensed practical nurse, or nurse midwife licensed under ch. 441, or an advanced practice nurse prescriber certified under ch. 441.

440.094(1)(c)2. 2. A chiropractor licensed under ch. 446.

440.094(1)(c)3. 3. A dentist or dental therapist licensed under ch. 447.

440.094(1)(c)4. 4. A physician, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

440.094(1)(c)5. 5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX of ch. 448 [subch. XI of ch. 448].

440.094 Note NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.

440.094(1)(c)6. 6. A podiatrist licensed under subch. IV of ch. 448.

440.094(1)(c)7. 7. A dietitian certified under subch. V of ch. 448.

440.094(1)(c)8. 8. An athletic trainer licensed under subch. VI of ch. 448.

440.094(1)(c)9. 9. An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.

440.094(1)(c)9m. 9m. A physician assistant licensed under subch. IX of ch. 448.

440.094(1)(c)10. 10. An optometrist licensed under ch. 449.

440.094(1)(c)11. 11. A pharmacist licensed under ch. 450.

440.094(1)(c)12. 12. An acupuncturist certified under ch. 451.

440.094(1)(c)13. 13. A psychologist licensed under ch. 455.

440.094(1)(c)14. 14. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a clinical substance abuse counselor certified under s. 440.88.

440.094(1)(c)15. 15. A speech-language pathologist or audiologist licensed under subch. II of ch. 459.

440.094(1)(c)16. 16. A massage therapist or bodywork therapist licensed under ch. 460.

440.094(2) (2) Practice by health care providers from other states.

440.094(2)(a) (a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply:

440.094 Note NOTE: Section 448.03 (1) (b) was repealed by 2021 Wis. Act 23. Corrective legislation is pending.

440.094(2)(a)1. 1. The health care provider applies to the department for a temporary credential under this section within 30 days of beginning to provide health care services for a health care employer. The health care provider shall include in the application an attestation of all of the following:

440.094(2)(a)1.a. a. The date on which the health care provider first provided health care services in this state under this section.

440.094(2)(a)1.b. b. That the health care provider holds a valid, unexpired credential granted in another state.

440.094(2)(a)1.c. c. The health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction.

440.094(2)(a)1.d. d. The health care provider has applied for a permanent credential granted by the department or an examining board, as applicable, under chs. 440 to 480. This subd. 1. d. does not apply to a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends.

440.094(2)(a)2. 2. If the health care provider provides services other than services provided through telehealth as described in sub. (3), the health care employer of the health care provider attests to all of the following to the department within 10 days of the date on which the health care provider begins providing health care services in this state under this section:

440.094(2)(a)2.a. a. The health care employer has confirmed that the health care provider holds a valid, unexpired credential granted by another state.

440.094(2)(a)2.b. b. To the best of the health care employer’s knowledge and with a reasonable degree of certainty, the health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction.

440.094(2)(b) (b) A health care provider who practices within the scope of a temporary credential granted under this section has all rights and is subject to all responsibilities, malpractice insurance requirements, limitations on scope of practice, and other provisions that apply under chs. 440 to 480 to the practice of the health care provider.

440.094(2)(c) (c)

440.094(2)(c)1. 1. A temporary credential granted under this section becomes effective on the date identified in the attestation under par. (a) 1. a. that the health care provider first provided health care services in this state under this section.

440.094(2)(c)2. 2.

440.094(2)(c)2.a. a. Except as provided in subd. 2. b., a temporary credential granted under this section expires on the date that the department, or an examining board in the department, as applicable, grants or denies the application under par. (a) 1. d. for a permanent credential submitted by the health care provider.

440.094(2)(c)2.b. b. If a health care provider provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends, a temporary credential granted under this section to the health care provider expires 30 days after the national emergency ends.

440.094(3) (3) Telehealth. A health care provider who practices within the scope of a temporary credential granted under this section may provide services through telehealth to a patient located in this state.

440.094 History History: 2021 a. 10; 2021 a. 240 s. 30; 2023 a. 55, 81, 87.

440.11 440.11 Communications with department.

440.11(1) (1) An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department of his or her new name or address within 30 days of the change in writing or in accordance with other notification procedures approved by the department.

440.11(1m) (1m) 

440.11(1m)(a) (a) An applicant for or recipient of a credential shall provide the department with a current electronic mail address at the time of application or renewal that may be used to receive electronic communications from the department. An applicant for or recipient of a credential who changes his or her electronic mail address or whose current electronic mail address becomes inactive shall notify the department of such change within 30 days of the change in writing or in accordance with other notification procedures approved by the department.

440.11(1m)(b) (b) Electronic communications under this subsection cannot be substituted for the service of any process, notice, or demand under sub. (2).

440.11(1m)(c) (c) Notwithstanding par. (a), an applicant for or recipient of a credential who does not have reasonable access to the Internet may maintain paper communication with the department.

440.11(2) (2) The department or any examining board, affiliated credentialing board or board in the department may serve any process, notice or demand on the holder of any credential by mailing it to the last-known address of the holder as indicated in the records of the department, examining board, affiliated credentialing board or board.

440.11 History History: 1987 a. 27; 1991 a. 39; 1993 a. 107; 1997 a. 27; 2017 a. 329; 2021 a. 58.

440.12 440.12 Credential denial, nonrenewal and revocation based on tax or unemployment insurance contribution delinquency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if any of the following applies:

440.12(1) (1) The department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes.

440.12(2) (2) The department of workforce development certifies under s. 108.227 that the applicant or credential holder is liable for delinquent unemployment insurance contributions.

440.12 History History: 1997 a. 237; 2013 a. 36.

440.12 Cross-reference Cross-reference: See also ch. SPS 9, Wis. adm. code.

440.121 440.121 Credential denial, nonrenewal, and revocation based on incompetency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential issued to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for a credential under chs. 440 to 480.

440.121 History History: 2005 a. 387.

440.13 440.13 Delinquency in support payments; failure to comply with subpoena or warrant.

440.13(1) (1) In this section:

440.13(1)(b) (b) “Memorandum of understanding” means a memorandum of understanding entered into by the department of safety and professional services and the department of children and families under s. 49.857.

440.13(1)(c) (c) “Support” has the meaning given in s. 49.857 (1) (g).