2019 - 2020 LEGISLATURE
September 5, 2019 - Introduced by Senators Marklein, Ringhand, Testin,
Darling, Jacque, Kooyenga, Nass and L. Taylor, cosponsored by
Representatives Stafsholt, Doyle, Magnafici, Horlacher, Anderson,
Bowen, Dittrich, Felzkowski, Gundrum, Knodl, Kolste, Kurtz, Petryk,
Ramthun, Spreitzer, C. Taylor, Tusler, VanderMeer, Vruwink and
Wichgers. Referred to Committee on Health and Human Services.
1An Act to amend
49.45 (9r) (a) 7. b., 146.81 (1) (dg), 146.997 (1) (d) 4., 154.01 (3), 2
155.01 (7), 252.14 (1) (ar) 4e., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) 3
(b) (intro.), 440.15, 446.01 (1v) (d), 448.50 (3) and (3m), 448.51, 448.56 (2), 4
448.565, 448.57 (2) (intro.), (c), (d) and (e), (4) and (5), 448.956 (1m) and (4), 5
450.10 (3) (a) 5., 451.02 (1) and 462.04; to repeal and recreate
440.03 (13) (b) 6
(intro.) and 440.15; and to create
14.88, 440.03 (11m) (c) 2m., 448.50 (1n) and 7
(1o), subchapter IX of chapter 448 [precedes 448.985] and 448.986 of the 8
statutes; relating to: ratification of the Physical Therapy Licensure Compact,
9extending the time limit for emergency rule procedures, providing an
10exemption from emergency rule procedures, and granting rule-making
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Physical Therapy Licensure
Compact (compact), which provides for the ability of a physical therapist or physical
therapist 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 Physical Therapy Compact Commission (commission),
which includes one member of the licensure boards of each member state. 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 establishing and electing an executive board. 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 wishes to
practice is considered a remote state. A licensee providing physical 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 loses 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 loses his or her compact privilege in any
remote state until certain criteria are met. 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 physical 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
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.
Having already been enacted by more than ten states, the compact becomes
effective in this state upon enactment of the bill. 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:
14.88 of the statutes is created to read:
214.88 Physical therapy licensure compact.
There is created a physical 3
therapy compact commission as specified in s. 448.985. The administrator of the 4
commission representing this state shall be an individual described in s. 448.985 (7) 5
(b) 2. The commission has the powers and duties granted and imposed under s. 6
49.45 (9r) (a) 7. b. of the statutes is amended to read:
(a) 7. b. A physical therapist who is
licensed under subch. III of ch. 9
448 or who holds a compact privilege under subch. IX of ch. 448
146.81 (1) (dg) of the statutes is amended to read:
(dg) A physical therapist or physical therapist assistant who is 12
licensed under subch. III of ch. 448 or who holds a compact privilege under subch.
13IX of ch. 448
146.997 (1) (d) 4. of the statutes is amended to read:
(d) 4. A physician, podiatrist,
perfusionist, physical therapist, 16
or physical therapist assistant licensed under ch. 448 or a physical therapist or
17physical therapist assistant who holds a compact privilege under subch. IX of ch. 448
154.01 (3) of the statutes is amended to read:
“Health care professional" means a person who is
licensed, certified 20
or registered under ch. 441, 448,
or 455 or who holds a compact privilege under subch.
21IX of ch. 448
155.01 (7) of the statutes is amended to read:
“Health care provider" means a nurse licensed or permitted under 3
ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a 4
physician, physician assistant, perfusionist, podiatrist, physical therapist, physical 5
therapist assistant, occupational therapist, or occupational therapy assistant 6
licensed under ch. 448, a person practicing Christian Science treatment, an 7
optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical
8therapist or physical therapist assistant who holds a compact privilege under subch.
9IX of ch. 448,
a partnership thereof, a corporation or limited liability company thereof 10
that provides health care services, a cooperative health care association organized 11
under s. 185.981 that directly provides services through salaried employees in its 12
own facility, or a home health agency, as defined in s. 50.49 (1) (a).
252.14 (1) (ar) 4e. of the statutes is amended to read:
(ar) 4e. A physical therapist or physical therapist assistant who is
licensed under subch. III of ch. 448 or who holds a compact privilege under subch.
16IX of ch. 448
440.03 (9) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), 19
the department shall, biennially, determine each fee for an initial credential for 20
which no examination is required, for a reciprocal credential, and for a credential 21
renewal and any fee imposed under s. 448.986 (2)
by doing all of the following:
440.03 (9) (a) 2. of the statutes is amended to read:
(a) 2. Not later than January 31 of each odd-numbered year, 24
adjusting for the succeeding fiscal biennium each fee for an initial credential for 25
which an examination is not required, for a reciprocal credential, and, subject to s.
440.08 (2) (a), for a credential renewal, and any fee imposed under s. 448.986 (2),
an adjustment is necessary to reflect the approximate administrative and 3
enforcement costs of the department that are attributable to the regulation of the 4
particular occupation or business during the period in which the initial or reciprocal 5
, or compact privilege
is in effect and, for purposes 6
of each fee for a credential renewal, to reflect an estimate of any additional moneys 7
available for the department's general program operations as a result of 8
appropriation transfers that have been or are estimated to be made under s. 20.165 9
(1) (i) during the fiscal biennium in progress at the time of the deadline for an 10
adjustment under this subdivision or during the fiscal biennium beginning on the 11
July 1 immediately following the deadline for an adjustment under this subdivision.
440.03 (11m) (c) 2m. of the statutes is created to read:
(c) 2m. The coordinated database and reporting system under s. 14
448.985 (8), if such disclosure is required under the physical therapy licensure 15
compact under s. 448.985.
440.03 (13) (b) (intro.) of the statutes is amended to read:
(b) (intro.) The department may investigate whether an applicant 18
for or holder of any of the following credentials has been charged with or convicted 19
of a crime only pursuant to rules promulgated by the department under this 20
paragraph, including rules that establish the criteria that the department will use 21
to determine whether an investigation under this paragraph is necessary, except as 22
provided in par. (c) and ss. 441.51 (5) (a) 5. and
448.980 (5) (b) 3., and 448.985 (3) (a)
440.03 (13) (b) (intro.) of the statutes, as affected by 2017
2Wisconsin Act 135
, section 14
, and 2019 Wisconsin Act .... (this act), is repealed and 3
recreated to read:
(b) (intro.) The department may investigate whether an applicant 5
for or holder of any of the following credentials has been charged with or convicted 6
of a crime only pursuant to rules promulgated by the department under this 7
paragraph, including rules that establish the criteria that the department will use 8
to determine whether an investigation under this paragraph is necessary, except as 9
provided in par. (c) and ss. 441.51 (5) (a) 5. and 448.985 (3) (a) 4.:
440.15 of the statutes is amended to read:
11440.15 No fingerprinting.
Except as provided under ss. 440.03 (13) (c), 12
441.51 (5) (a) 5., and
448.980 (5) (b) 3.,
and 448.985 (3) (a) 4.,
the department or a 13
credentialing board may not require that an applicant for a credential or a credential 14
holder be fingerprinted or submit fingerprints in connection with the department's 15
or the credentialing board's credentialing.
440.15 of the statutes, as affected by 2017 Wisconsin Act 135
, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:
18440.15 No fingerprinting.
Except as provided under ss. 440.03 (13) (c), 19
441.51 (5) (a) 5., and 448.985 (3) (a) 4., the department or a credentialing board may 20
not require that an applicant for a credential or a credential holder be fingerprinted 21
or submit fingerprints in connection with the department's or the credentialing 22
446.01 (1v) (d) of the statutes is amended to read:
(d) Physical therapy examining board under subch. III of ch. 448. 2“Health care professional” also includes an individual who holds a compact privilege
3under subch. IX of ch. 448.
448.50 (1n) and (1o) of the statutes are created to read:
“Compact” means the physical therapy licensure compact under 6
“Compact privilege” means a compact privilege, as defined in s. 448.985 8
(2) (d), that is granted under the compact to an individual to practice in this state.