LRB-2315/1
MED:jld&cjs
2015 - 2016 LEGISLATURE
June 17, 2015 - Introduced by Senators Harsdorf, Cowles, Moulton, Erpenbach,
Carpenter, Gudex, Marklein, Bewley, Harris Dodd, Lassa, Olsen,
Ringhand, Roth, Shilling, Vinehout and Wanggaard, cosponsored by
Representatives VanderMeer, Petryk, Krug, Jacque, Allen, Ballweg,
Bernier, Brandtjen, E. Brooks, R. Brooks, Edming, Gannon, Heaton,
Horlacher, Hutton, Jagler, Jarchow, Katsma, Kitchens, Knodl, Knudson,
Kremer, Kuglitsch, Kulp, T. Larson, Murphy, Mursau, Murtha, Nerison,
Novak, A. Ott, J. Ott, Quinn, Ripp, Rohrkaste, Steffen, Swearingen,
Tauchen, Thiesfeldt, Tittl, Tranel, Vorpagel, Weatherston, Barnes,
Billings, Danou, Doyle, Genrich, Goyke, Kahl, Kolste, Riemer, Subeck and
Wachs. Referred to Committee on Health and Human Services.
SB196,1,7 1An Act to renumber and amend 440.03 (11m) (c); to amend 20.165 (1) (hg),
2440.03 (13) (b) (intro.), 440.03 (13) (d), 440.05 (intro.), 440.08 (2) (c), 440.14 (2),
3440.14 (3), 440.15, 448.01 (5), 448.05 (2) (a) (intro.), 448.05 (2) (b) (intro.), 448.07
4(1) (a) and 448.07 (2); and to create 14.83, 440.03 (11m) (c) 2., 440.08 (2) (e),
5448.015 (1dm), 448.04 (1) (ab), 448.05 (2) (f) and subchapter VIII of chapter 448
6[precedes 448.980] of the statutes; relating to: ratification of the Interstate
7Medical Licensure Compact and making appropriations.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Interstate Medical Licensure
Compact (compact), which provides for, as stated in the compact, "a streamlined
process that allows physicians to become licensed in multiple states." Provisions in
the compact are to be administered by boards that regulate physicians in the states
that are parties to the compact (member boards). Significant provisions of the
compact include:
1. The creation of an Interstate Medical Licensure Compact Commission
(commission), which includes two representatives of each member board. 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 maintaining records.

2. A process whereby a physician who possesses a license to engage in the
practice of medicine issued by a member board and who satisfies other criteria
designates a state where the physician is already licensed as his or her state of
principal license and applies to the member board in that state for licensure through
the compact. After a verification and registration process that includes a background
check, the physician may receive an "expedited license" in other states that are
parties to the compact. If a physician's license in his or her state of principal license
is revoked or suspended, then all expedited licenses issued by other states are
revoked or suspended as well until each is reinstated.
3. The ability for member boards to conduct joint investigations of physicians
and the ability of member states to issue subpoenas that are enforceable in other
states.
4. The creation of a coordinated information system including a database of all
physicians who have applied for or received an expedited license. The compact
requires, or in other cases allows, for member boards to submit public actions,
complaints, or disciplinary information to the commission.
The compact provides that it becomes effective upon being enacted into law by
seven states and 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 one year after the effective date of that repeal.
The compact provides that laws of a member state that are not inconsistent
with the compact may be enforced, but that all laws of a member state in conflict with
the compact are superseded to the extent of the conflict.
In addition to enacting the compact, the bill provides all of the following:
1. Numerous limitations on the sharing of information under the compact
about physicians, including limiting disclosures to physicians who have designated
or applied to designate this state as their state of principal license or who hold or are
applying to hold expedited licenses granted by the Wisconsin Medical Examining
Board (MEB). The bill also includes limitations with respect to the enforceability of
subpoenas under the compact and investigations of other states' medical practice
laws.
2. A requirement that the Wisconsin MEB report annually to the Joint
Committee on Finance about investigations of physicians under the compact.
3. That payment of this state's assessments under the commission is from
licensure fees paid by physicians who have applied for licensure through the
compact.
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:
SB196,1 1Section 1. 14.83 of the statutes is created to read:
SB196,3,6
114.83 Interstate medical licensure compact. There is created an
2interstate medical licensure compact commission as specified in s. 448.980. The
3members of the commission representing this state under s. 448.980 (11) (d) shall be
4members of the medical examining board and shall be appointed by the chairperson
5of the medical examining board. The commission has the powers and duties granted
6and imposed under s. 448.980.
SB196,2 7Section 2. 20.165 (1) (hg) of the statutes is amended to read:
SB196,3,208 20.165 (1) (hg) General program operations; medical examining board;
9interstate medical licensure compact; prescription drug monitoring program.
10Biennially, the amounts in the schedule for the licensing, rule-making, and
11regulatory functions of the medical examining board and the affiliated credentialing
12boards attached to the medical examining board, except for preparing,
13administering, and grading examinations; for any costs associated with the
14interstate medical licensure compact under s. 448.980, including payment of
15assessments under s. 448.980 (13) (a);
and for the pharmacy examining board's
16operation of the prescription drug monitoring program under s. 450.19. Ninety
17percent of all moneys received for issuing and renewing credentials under ch. 448
18shall be credited to this appropriation. All moneys received from the interstate
19medical licensure compact commission under s. 448.980 shall be credited to this
20appropriation.
SB196,3 21Section 3. 440.03 (11m) (c) of the statutes is renumbered 440.03 (11m) (c)
22(intro.) and amended to read:
SB196,3,2523 440.03 (11m) (c) (intro.) The department of safety and professional services
24may not disclose a social security number obtained under par. (a) to any person
25except for the following:
SB196,4,1
11. The coordinated licensure information system under s. 441.50 (7); the.
SB196,4,3 23. The department of children and families for purposes of administering s.
349.22; and, for.
SB196,4,7 44. For a social security number obtained under par. (a) 1., the department of
5revenue for the purpose of requesting certifications under s. 73.0301 and
6administering state taxes and the department of workforce development for the
7purpose of requesting certifications under s. 108.227.
SB196,4 8Section 4. 440.03 (11m) (c) 2. of the statutes is created to read:
SB196,4,119 440.03 (11m) (c) 2. The coordinated licensure information system under s.
10448.980 (8), if such disclosure is required under the interstate medical licensure
11compact under s. 448.980.
SB196,5 12Section 5. 440.03 (13) (b) (intro.) of the statutes is amended to read:
SB196,4,1813 440.03 (13) (b) (intro.) The department may investigate whether an applicant
14for or holder of any of the following credentials has been charged with or convicted
15of a crime only pursuant to rules promulgated by the department under this
16paragraph, including rules that establish the criteria that the department will use
17to determine whether an investigation under this paragraph is necessary, except as
18provided in par. (c) and s. 448.980 (5) (b) 3.:
SB196,6 19Section 6. 440.03 (13) (d) of the statutes is amended to read:
SB196,4,2420 440.03 (13) (d) The department shall charge an applicant any fees, costs, or
21other expenses incurred in conducting any investigation under this subsection or s.
22440.26. The department shall charge an applicant seeking licensure through the
23interstate medical licensure compact under s. 448.980, directly or indirectly, for any
24expenses incurred in conducting any investigation under s. 448.980 (5) (b) 3.
SB196,7 25Section 7. 440.05 (intro.) of the statutes is amended to read:
SB196,5,3
1440.05 Standard fees. (intro.) The following standard fees apply to all initial
2credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2)
3(c) 2., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d):
SB196,8 4Section 8. 440.08 (2) (c) of the statutes is amended to read:
SB196,5,75 440.08 (2) (c) Except as provided in par. (e) and sub. (3), renewal applications
6shall include the applicable renewal fee as determined by the department under s.
7440.03 (9) (a) or as specified in par. (b).
SB196,9 8Section 9. 440.08 (2) (e) of the statutes is created to read:
SB196,5,109 440.08 (2) (e) A renewal of a compact license, as defined in s. 448.015 (1dm),
10shall be governed by s. 448.980 (7) and is subject to s. 448.07 (2).
SB196,10 11Section 10. 440.14 (2) of the statutes is amended to read:
SB196,5,2112 440.14 (2) If a form that the department or a credentialing board requires an
13individual to complete in order to apply for a credential or credential renewal or to
14obtain a product or service from the department or the credentialing board requires
15the individual to provide any of the individual's personal identifiers, the form shall
16include a place for the individual to declare that the individual's personal identifiers
17obtained by the department or the credentialing board from the information on the
18form may not be disclosed on any list that the department or the credentialing board
19furnishes to another person. This subsection does not apply with respect to an
20application filed with the medical examining board pursuant to the interstate
21medical licensure compact under s. 448.980 (5).
SB196,11 22Section 11. 440.14 (3) of the statutes is amended to read:
SB196,6,823 440.14 (3) If the department or a credentialing board requires an individual
24to provide, by telephone or other electronic means, any of the individual's personal
25identifiers in order to apply for a credential or credential renewal or to obtain a

1product or service from the department or a credentialing board, the department or
2the credentialing board shall ask the individual at the time that the individual
3provides the information if the individual wants to declare that the individual's
4personal identifiers obtained by telephone or other electronic means may not be
5disclosed on any list that the department or the credentialing board furnishes to
6another person. This subsection does not apply with respect to an application filed
7with the medical examining board pursuant to the interstate medical licensure
8compact under s. 448.980 (5).
SB196,12 9Section 12. 440.15 of the statutes is amended to read:
SB196,6,14 10440.15 No fingerprinting. Except as provided under s. ss. 440.03 (13) (c) and
11448.980 (5) (b) 3.
, the department or a credentialing board may not require that an
12applicant for a credential or a credential holder be fingerprinted or submit
13fingerprints in connection with the department's or the credentialing board's
14credentialing.
SB196,13 15Section 13. 448.01 (5) of the statutes is amended to read:
SB196,6,1916 448.01 (5) "Physician" means an individual possessing the degree of doctor of
17medicine or doctor of osteopathy or an equivalent degree as determined by the
18medical examining board, and holding a license granted by the medical examining
19board. This subsection does not apply in s. 448.980.
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