2015 WISCONSIN ACT 116
An Act to repeal 14.83, 440.03 (11m) (c) 2., 440.08 (2) (e), 448.015 (1dm), 448.04 (1) (ab), 448.05 (2) (f) and subchapter VIII of chapter 448 [precedes 448.980]; to renumber and amend 440.03 (11m) (c); to amend 20.165 (1) (hg), 20.165 (1) (hg), 440.03 (13) (b) (intro.), 440.03 (13) (b) (intro.), 440.03 (13) (d), 440.03 (13) (d), 440.05 (intro.), 440.05 (intro.), 440.08 (2) (c), 440.08 (2) (c), 440.14 (2), 440.14 (2), 440.14 (3), 440.14 (3), 440.15, 440.15, 448.01 (5), 448.01 (5), 448.05 (2) (a) (intro.), 448.05 (2) (a) (intro.), 448.05 (2) (b) (intro.), 448.05 (2) (b) (intro.), 448.07 (1) (a), 448.07 (1) (a), 448.07 (2) and 448.07 (2); and to create 14.83, 440.03 (11m) (c) 2., 440.08 (2) (e), 448.015 (1dm), 448.04 (1) (ab), 448.05 (2) (f) and subchapter VIII of chapter 448 [precedes 448.980] of the statutes;
relating to: ratification of the Interstate Medical Licensure Compact and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
116,1
Section
1. 14.83 of the statutes is created to read:
14.83 Interstate medical licensure compact. There is created an interstate medical licensure compact commission as specified in s. 448.980. The members of the commission representing this state under s. 448.980 (11) (d) shall be members of the medical examining board and shall be appointed by the chairperson of the medical examining board, subject to confirmation by the senate. The commission has the powers and duties granted and imposed under s. 448.980.
116,1m
Section 1m. 14.83 of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
20.165 (1) (hg) General program operations; medical examining board; interstate medical licensure compact; prescription drug monitoring program. Biennially, the amounts in the schedule for the licensing, rule-making, and regulatory functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board, except for preparing, administering, and grading examinations; for any costs associated with the interstate medical licensure compact under s. 448.980, including payment of assessments under s. 448.980 (13) (a); and for the controlled substances board's operation of the prescription drug monitoring program under s. 961.385. Ninety percent of all moneys received for issuing and renewing credentials under ch. 448 shall be credited to this appropriation. All moneys received from the interstate medical licensure compact commission under s. 448.980 shall be credited to this appropriation.
116,2m
Section 2m. 20.165 (1) (hg) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
20.165 (1) (hg) General program operations; medical examining board; interstate medical licensure compact; prescription drug monitoring program. Biennially, the amounts in the schedule for the licensing, rule-making, and regulatory functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board, except for preparing, administering, and grading examinations; for any costs associated with the interstate medical licensure compact under s. 448.980, including payment of assessments under s. 448.980 (13) (a); and for the controlled substances board's operation of the prescription drug monitoring program under s. 961.385. Ninety percent of all moneys received for issuing and renewing credentials under ch. 448 shall be credited to this appropriation. All moneys received from the interstate medical licensure compact commission under s. 448.980 shall be credited to this appropriation.
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3. 440.03 (11m) (c) of the statutes is renumbered 440.03 (11m) (c) (intro.) and amended to read:
440.03 (11m) (c) (intro.) The department of safety and professional services may not disclose a social security number obtained under par. (a) to any person except for the following:
1. The coordinated licensure information system under s. 441.50 (7); the.
3. The department of children and families for purposes of administering s. 49.22; and, for.
4. For a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes and the department of workforce development for the purpose of requesting certifications under s. 108.227.
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4. 440.03 (11m) (c) 2. of the statutes is created to read:
440.03 (11m) (c) 2. The coordinated licensure information system under s. 448.980 (8), if such disclosure is required under the interstate medical licensure compact under s. 448.980.
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Section 4m. 440.03 (11m) (c) 2. of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
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Section
5. 440.03 (13) (b) (intro.) of the statutes is amended to read:
440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and s. 448.980 (5) (b) 3.:
116,5m
Section 5m. 440.03 (13) (b) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and s. 448.980 (5) (b) 3.:
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Section
6. 440.03 (13) (d) of the statutes is amended to read:
440.03 (13) (d) The department shall charge an applicant any fees, costs, or other expenses incurred in conducting any investigation under this subsection or s. 440.26. The department shall charge an applicant seeking licensure through the interstate medical licensure compact under s. 448.980, directly or indirectly, for any expenses incurred in conducting any investigation under s. 448.980 (5) (b) 3.
116,6m
Section 6m. 440.03 (13) (d) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
440.03 (13) (d) The department shall charge an applicant any fees, costs, or other expenses incurred in conducting any investigation under this subsection or s. 440.26. The department shall charge an applicant seeking licensure through the interstate medical licensure compact under s. 448.980, directly or indirectly, for any expenses incurred in conducting any investigation under s. 448.980 (5) (b) 3.
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Section
7. 440.05 (intro.) of the statutes is amended to read:
440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d):
116,7m
Section 7m. 440.05 (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d):
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Section
8. 440.08 (2) (c) of the statutes is amended to read:
440.08 (2) (c) Except as provided in par. (e) and sub. (3), renewal applications shall include the applicable renewal fee as determined by the department under s. 440.03 (9) (a) or as specified in par. (b).
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Section 8m. 440.08 (2) (c) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
440.08 (2) (c) Except as provided in par. (e) and sub. (3), renewal applications shall include the applicable renewal fee as determined by the department under s. 440.03 (9) (a) or as specified in par. (b).
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9. 440.08 (2) (e) of the statutes is created to read:
440.08 (2) (e) A renewal of a compact license, as defined in s. 448.015 (1dm), shall be governed by s. 448.980 (7) and is subject to s. 448.07 (2).
116,9m
Section 9m. 440.08 (2) (e) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
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Section
10. 440.14 (2) of the statutes is amended to read:
440.14 (2) If a form that the department or a credentialing board requires an individual to complete in order to apply for a credential or credential renewal or to obtain a product or service from the department or the credentialing board requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or the credentialing board from the information on the form may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5).
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Section 10m. 440.14 (2) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
440.14 (2) If a form that the department or a credentialing board requires an individual to complete in order to apply for a credential or credential renewal or to obtain a product or service from the department or the credentialing board requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or the credentialing board from the information on the form may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5).
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Section
11. 440.14 (3) of the statutes is amended to read:
440.14 (3) If the department or a credentialing board requires an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to apply for a credential or credential renewal or to obtain a product or service from the department or a credentialing board, the department or the credentialing board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5).
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Section 11m. 440.14 (3) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
440.14 (3) If the department or a credentialing board requires an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to apply for a credential or credential renewal or to obtain a product or service from the department or a credentialing board, the department or the credentialing board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5).
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Section
12. 440.15 of the statutes is amended to read:
440.15 No fingerprinting. Except as provided under s. ss. 440.03 (13) (c)
and 448.980 (5) (b) 3., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.
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Section 12m. 440.15 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
440.15 No fingerprinting. Except as provided under ss. s. 440.03 (13) (c)
and 448.980 (5) (b) 3., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.
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Section
13. 448.01 (5) of the statutes is amended to read:
448.01 (5) "Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board. This subsection does not apply in s. 448.980.
116,13m
Section 13m. 448.01 (5) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
448.01 (5) "Physician" means an individual possessing the degree of doctor of medicine or doctor of osteopathy or an equivalent degree as determined by the medical examining board, and holding a license granted by the medical examining board. This subsection does not apply in s. 448.980.
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Section
14. 448.015 (1dm) of the statutes is created to read:
448.015 (1dm) "Compact license" means an expedited license granted by the board pursuant to the interstate medical licensure compact under s. 448.980.
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Section 14m. 448.015 (1dm) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
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Section
15. 448.04 (1) (ab) of the statutes is created to read:
448.04 (1) (ab) Compact license. The board may grant a compact license pursuant to the interstate medical licensure compact under s. 448.980.
116,15m
Section 15m. 448.04 (1) (ab) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
448.05 (2) (a) (intro.) Except as provided in pars. (b) to (e) (f), an applicant for any class of license to practice medicine and surgery must supply evidence satisfactory to the board of all of the following:
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Section 16m. 448.05 (2) (a) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
448.05 (2) (a) (intro.) Except as provided in pars. (b) to (f) (e), an applicant for any class of license to practice medicine and surgery must supply evidence satisfactory to the board of all of the following:
448.05 (2) (b) (intro.) Except as provided in pars. (c) to (e) (f), an applicant for a license to practice medicine and surgery who is a graduate of a foreign medical college must supply evidence satisfactory to the board of all of the following:
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Section 17m. 448.05 (2) (b) (intro.) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
448.05 (2) (b) (intro.) Except as provided in pars. (c) to (f) (e), an applicant for a license to practice medicine and surgery who is a graduate of a foreign medical college must supply evidence satisfactory to the board of all of the following:
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Section
18. 448.05 (2) (f) of the statutes is created to read:
448.05 (2) (f) The board shall grant a compact license as provided under s. 448.980.
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Section 18m. 448.05 (2) (f) of the statutes, as created by 2015 Wisconsin Act .... (this act), is repealed.
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Section
19. 448.07 (1) (a) of the statutes is amended to read:
448.07 (1) (a) Every person licensed or certified under this subchapter shall register on or before November 1 of each odd-numbered year following issuance of the license or certificate with the board. Registration shall be completed in such manner as the board shall designate and upon forms the board shall provide, except that registration with respect to a compact license shall be governed by the renewal provisions in s. 448.980 (7). The secretary of the board, on or before October 1 of each odd-numbered year, shall mail or cause to be mailed to every person required to register a registration form. The board shall furnish to each person registered under this section a certificate of registration, and the person shall display the registration certificate conspicuously in the office at all times. No person may exercise the rights or privileges conferred by any license or certificate granted by the board unless currently registered as required under this subsection.
116,19m
Section 19m. 448.07 (1) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
448.07 (1) (a) Every person licensed or certified under this subchapter shall register on or before November 1 of each odd-numbered year following issuance of the license or certificate with the board. Registration shall be completed in such manner as the board shall designate and upon forms the board shall provide, except that registration with respect to a compact license shall be governed by the renewal provisions in s. 448.980 (7). The secretary of the board, on or before October 1 of each odd-numbered year, shall mail or cause to be mailed to every person required to register a registration form. The board shall furnish to each person registered under this section a certificate of registration, and the person shall display the registration certificate conspicuously in the office at all times. No person may exercise the rights or privileges conferred by any license or certificate granted by the board unless currently registered as required under this subsection.
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Section
20. 448.07 (2) of the statutes is amended to read:
448.07 (2) Fees. The Except as otherwise provided in s. 448.980, the fees for examination and licenses granted under this subchapter are specified in s. 440.05, and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a). Compact licenses shall be subject to additional fees and assessments, as established by the department, the board, or the interstate medical licensure compact commission, to cover any costs incurred by the department or the board for this state's participation in the interstate medical licensure compact under s. 448.980 and costs incurred by the interstate medical licensure compact commission for its administration of the renewal process for the interstate medical licensure compact under s. 448.980.
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Section 20m. 448.07 (2) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:
448.07 (2) Fees. Except as otherwise provided in s. 448.980, the The fees for examination and licenses granted under this subchapter are specified in s. 440.05, and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a). Compact licenses shall be subject to additional fees and assessments, as established by the department, the board, or the interstate medical licensure compact commission, to cover any costs incurred by the department or the board for this state's participation in the interstate medical licensure compact under s. 448.980 and costs incurred by the interstate medical licensure compact commission for its administration of the renewal process for the interstate medical licensure compact under s. 448.980.
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Section
21. Subchapter VIII of chapter 448 [precedes 448.980] of the statutes is created to read:
Chapter 448
Subchapter VIII
interstate medical licensure
compact
448.980 Interstate medical licensure compact. The following compact is hereby ratified and entered into:
(1) Section 1 — Purpose. In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the interstate medical licensure compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The compact creates another pathway for licensure and does not otherwise change a state's existing medical practice act. The compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and therefore, requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact.
(2) Section 2 — Definitions. In this compact:
(a) "Bylaws" means those bylaws established by the interstate commission pursuant to sub. (11) for its governance, or for directing and controlling its actions and conduct.
(b) "Commissioner" means the voting representative appointed by each member board pursuant to sub. (11).
