2015 - 2016 LEGISLATURE
June 4, 2015 - Introduced by Representatives VanderMeer, Petryk,
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, cosponsored by Senators Harsdorf,
Erpenbach, Carpenter, Gudex, Marklein, Bewley, Harris Dodd, Lassa,
Olsen, Ringhand, Roth, Shilling, Vinehout and Wanggaard. Referred to
Committee on Health.
1An Act to renumber and amend
440.03 (11m) (c); to amend
20.165 (1) (hg), 2
440.03 (13) (b) (intro.), 440.03 (13) (d), 440.05 (intro.), 440.08 (2) (c), 440.14 (2), 3
440.14 (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), 5
448.015 (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
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
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
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
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:
14.83 of the statutes is created to read:
114.83 Interstate medical licensure compact.
There is created an 2
interstate medical licensure compact commission as specified in s. 448.980. The 3
members of the commission representing this state under s. 448.980 (11) (d) shall be 4
members of the medical examining board and shall be appointed by the chairperson 5
of the medical examining board. The commission has the powers and duties granted 6
and imposed under s. 448.980.
20.165 (1) (hg) of the statutes is amended to read:
(hg) General program operations; medical examining board;
9interstate medical licensure compact; prescription drug monitoring program. 10
Biennially, the amounts in the schedule for the licensing, rule-making, and 11
regulatory functions of the medical examining board and the affiliated credentialing 12
boards attached to the medical examining board, except for preparing, 13
administering, 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 16
operation of the prescription drug monitoring program under s. 450.19. Ninety 17
percent of all moneys received for issuing and renewing credentials under ch. 448 18
shall be credited to this appropriation. All moneys received from the interstate
19medical licensure compact commission under s. 448.980 shall be credited to this
440.03 (11m) (c) of the statutes is renumbered 440.03 (11m) (c) 22
(intro.) and amended to read:
(c) (intro.) The department of safety and professional services 24
may not disclose a social security number obtained under par. (a) to any person 25
coordinated licensure information system under s. 441.50 (7); the.
department of children and families for purposes of administering s. 3
49.22; and, for.
a social security number obtained under par. (a) 1., the department of 5
revenue for the purpose of requesting certifications under s. 73.0301 and 6
administering state taxes and the department of workforce development for the 7
purpose of requesting certifications under s. 108.227.
440.03 (11m) (c) 2. of the statutes is created to read:
(c) 2. The coordinated licensure information system under s. 10
448.980 (8), if such disclosure is required under the interstate medical licensure 11
compact under s. 448.980.
440.03 (13) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The department may investigate whether an applicant 14
for or holder of any of the following credentials has been charged with or convicted 15
of a crime only pursuant to rules promulgated by the department under this 16
paragraph, including rules that establish the criteria that the department will use 17
to determine whether an investigation under this paragraph is necessary, except as 18
provided in par. (c) and s. 448.980 (5) (b) 3.
440.03 (13) (d) of the statutes is amended to read:
(d) The department shall charge an applicant any fees, costs, or 21
other expenses incurred in conducting any investigation under this subsection or s. 22
440.26. 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.
440.05 (intro.) of the statutes is amended to read:
1440.05 Standard fees.
(intro.) The following standard fees apply to all initial 2
credentials, 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):
440.08 (2) (c) of the statutes is amended to read:
(c) Except as provided in par. (e) and
sub. (3), renewal applications 6
shall include the applicable renewal fee as determined by the department under s. 7
440.03 (9) (a) or as specified in par. (b).
440.08 (2) (e) of the statutes is created to read:
(e) A renewal of a compact license, as defined in s. 448.015 (1dm), 10
shall be governed by s. 448.980 (7) and is subject to s. 448.07 (2).
440.14 (2) of the statutes is amended to read:
If a form that the department or a credentialing board requires an 13
individual to complete in order to apply for a credential or credential renewal or to 14
obtain a product or service from the department or the credentialing board requires 15
the individual to provide any of the individual's personal identifiers, the form shall 16
include a place for the individual to declare that the individual's personal identifiers 17
obtained by the department or the credentialing board from the information on the 18
form may not be disclosed on any list that the department or the credentialing board 19
furnishes 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).
440.14 (3) of the statutes is amended to read:
If the department or a credentialing board requires an individual 24
to provide, by telephone or other electronic means, any of the individual's personal 25
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 2
the credentialing board shall ask the individual at the time that the individual 3
provides the information if the individual wants to declare that the individual's 4
personal identifiers obtained by telephone or other electronic means may not be 5
disclosed on any list that the department or the credentialing board furnishes to 6
another 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).
440.15 of the statutes is amended to read:
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 12
applicant for a credential or a credential holder be fingerprinted or submit 13
fingerprints in connection with the department's or the credentialing board's 14
448.01 (5) of the statutes is amended to read:
"Physician" means an individual possessing the degree of doctor of 17
medicine or doctor of osteopathy or an equivalent degree as determined by the 18
medical examining board, and holding a license granted by the medical examining 19
board. This subsection does not apply in s. 448.980.
448.015 (1dm) of the statutes is created to read:
"Compact license" means an expedited license granted by the 22
board pursuant to the interstate medical licensure compact under s. 448.980.
448.04 (1) (ab) of the statutes is created to read:
(ab) Compact license.
The board may grant a compact license 25
pursuant to the interstate medical licensure compact under s. 448.980.
(a) (intro.) Except as provided in pars. (b) to (e) (f)
, an applicant for 4
any class of license to practice medicine and surgery must supply evidence 5
satisfactory to the board of all of the following:
(b) (intro.) Except as provided in pars. (c) to (e) (f)
, an applicant for 9
a license to practice medicine and surgery who is a graduate of a foreign medical 10
college must supply evidence satisfactory to the board of all of the following:
448.05 (2) (f) of the statutes is created to read:
(f) The board shall grant a compact license as provided under s. 13
448.07 (1) (a) of the statutes is amended to read:
(a) Every person licensed or certified under this subchapter shall 16
register on or before November 1 of each odd-numbered year following issuance of 17
the license or certificate with the board. Registration shall be completed
in such 18
manner as the board shall designate and upon forms the board shall provide, except
19that registration with respect to a compact license shall be governed by the renewal
20provisions in s. 448.980 (7)
. The secretary of the board, on or before October 1 of each 21
odd-numbered year, shall mail or cause to be mailed to every person required to 22
register a registration form. The board shall furnish to each person registered under 23
this section a certificate of registration, and the person shall display the registration 24
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 2
currently registered as required under this subsection.
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 5
examination and licenses granted under this subchapter are specified in s. 440.05, 6
and the renewal fee for such licenses is determined by the department under s. 7
440.03 (9) (a). Compact licenses shall be subject to additional fees and assessments,
8as established by the department, the board, or the interstate medical licensure
9compact commission, to cover any costs incurred by the department or the board for
10this state's participation in the interstate medical licensure compact under s.
11448.980 and costs incurred by the interstate medical licensure compact commission
12for its administration of the renewal process for the interstate medical licensure
13compact under s. 448.980.
Subchapter VIII of chapter 448 [precedes 448.980] of the statutes 15
is created to read:
interstate medical licensure
20448.980 Interstate medical licensure compact.
The following compact is 21
hereby ratified and entered into:
22(1) Section 1 — Purpose.
In order to strengthen access to health care, and in 23
recognition of the advances in the delivery of health care, the member states of the 24
interstate medical licensure compact have allied in common purpose to develop a 25
comprehensive process that complements the existing licensing and regulatory
authority of state medical boards, provides a streamlined process that allows 2
physicians to become licensed in multiple states, thereby enhancing the portability 3
of a medical license and ensuring the safety of patients. The compact creates another 4
pathway for licensure and does not otherwise change a state's existing medical 5
practice act. The compact also adopts the prevailing standard for licensure and 6
affirms that the practice of medicine occurs where the patient is located at the time 7
of the physician-patient encounter, and therefore, requires the physician to be under 8
the jurisdiction of the state medical board where the patient is located. State medical 9
boards that participate in the compact retain the jurisdiction to impose an adverse 10
action against a license to practice medicine in that state issued to a physician 11
through the procedures in the compact.
12(2) Section 2 — Definitions.
In this compact:
(a) "Bylaws" means those bylaws established by the interstate commission 14
pursuant to sub. (11) for its governance, or for directing and controlling its actions 15
"Commissioner" means the voting representative appointed by each 17
member board pursuant to sub. (11).
(c) "Conviction" means a finding by a court that an individual is guilty of a 19
criminal offense through adjudication, or entry of a plea of guilt or no contest to the 20
charge by the offender. Evidence of an entry of a conviction of a criminal offense by 21
the court shall be considered final for purposes of disciplinary action by a member 22
(d) "Expedited license" means a full and unrestricted medical license granted 24
by a member state to an eligible physician through the process set forth in the 25
(e) "Interstate commission" means the interstate commission created pursuant 2
to sub. (11).
(f) "License" means authorization by a state for a physician to engage in the 4
practice of medicine, which would be unlawful without the authorization.
(g) "Medical practice act" means laws and regulations governing the practice 6
of allopathic and osteopathic medicine within a member state.
(h) "Member board" means a state agency in a member state that acts in the 8
sovereign interests of the state by protecting the public through licensure, 9
regulation, and education of physicians as directed by the state government.
(i) "Member state" means a state that has enacted the compact.