2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senators Kooyenga, Johnson, Stroebel, Olsen
and Feyen, cosponsored by Representatives Quinn,
Kulp, Subeck, Steffen, Fields, Felzkowski, Stubbs, Knodl, Gundrum,
Skowronski, VanderMeer, Magnafici, Katsma and Brostoff. Referred to
Committee on Public Benefits, Licensing and State-Federal Relations.
1An Act to repeal
456.01 (5) and (6);
440.08 (2) (a) (intro.) and 456.10 2
(2); and to create
227.03 (4r) and 440.077 of the statutes; relating to: allowing
3the department of safety and professional services and credentialing boards to
4grant credentials with provisional status, extending the time limit for
5emergency rule procedures, providing an exemption from emergency rule
6procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Safety and Professional Services to
promulgate rules that allow an initial credential or a reciprocal credential to be
granted with provisional status to an applicant who has applied for the credential.
These rules apply to credentials granted by DSPS and also apply to initial
credentials granted by credentialing boards, unless a credentialing board
promulgates its own provisional status credential rules.
The holder of a credential granted with provisional status is subject to the same
laws and procedures, including professional discipline, that otherwise apply to the
credential, except that the credential is not subject to renewal unless and until the
credential is ultimately approved. A credential with provisional status is granted
subject to the ultimate determination on the application for the credential, and the
provisional status is removed if the application is approved. A credential with
provisional status immediately expires upon the issuance of a notice to deny the
application. A decision on whether to grant a credential with provisional status is
not subject to administrative or judicial review.
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:
227.03 (4r) of the statutes is created to read:
Subchapter III does not apply to any decision of the department of 3
safety and professional services or a credentialing board, as defined in s. 440.01 (2) 4
(bm), to deny or grant a credential with provisional status pursuant to rules 5
promulgated under s. 440.077 (1) (a) or (b).
440.077 of the statutes is created to read:
7440.077 Provisional credentials.
(a) The department shall promulgate 8
rules that allow an initial credential or a reciprocal credential to be granted with 9
provisional status to an applicant who has applied for the credential. The rules 10
promulgated under this paragraph shall apply to credentials granted by the 11
department and shall apply to initial credentials granted by a credentialing board, 12
unless the credentialing board promulgates rules under par. (b).
(b) A credentialing board may promulgate rules that allow an initial credential 14
or a reciprocal credential to be granted with provisional status to an applicant who 15
has applied for the credential with that credentialing board. If a credentialing board 16
promulgates rules under this paragraph, those rules shall, with respect to 17
credentials granted by the credentialing board, supercede rules promulgated by the 18
department under par. (a).
A credential granted with provisional status pursuant to rules promulgated 20
under sub. (1) (a) or (b) shall confer the same rights, privileges, and authority as are
otherwise conferred by the credential. The holder of a credential granted with 2
provisional status shall be subject to the same laws and procedures, including 3
professional discipline, that otherwise apply to the credential, except as provided in 4
(a) A credential with provisional status shall be granted subject to the 6
ultimate determination on the application for the initial credential or reciprocal 7
credential, and the provisional status shall be removed if the application is approved. 8
A credential with provisional status shall immediately expire upon the issuance of 9
a notice to deny the application. A decision on whether to grant an applicant a 10
credential with provisional status is not subject to review under ch. 227.
(b) A credential with provisional status is not subject to renewal until a 12
determination is ultimately made to approve the application and the provisional 13
status is removed.
440.08 (2) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Except as provided in par. (b) and in ss. 440.077 (3) (b),
440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (e), 463.10, 17
463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as 18
456.01 (5) and (6) of the statutes are repealed.
456.10 (2) of the statutes is amended to read:
The examining board shall have jurisdiction to hear all charges 22
brought under this section against persons licensed and registered as nursing home 23
administrators or licensed as provisional nursing home administrators
and upon 24
such hearings shall determine such charges upon their merits. If the examining 25
board determines that such person is guilty of the charges, the license or registration
may be revoked or suspended or the licensee may be reprimanded, censured or 2
(1) Using the procedure under s. 227.24, the department of safety and 5
professional services and any credentialing board, as defined in s. 440.01 (2) (bm), 6
may promulgate rules that are necessary to implement the changes in this act. 7
Notwithstanding s. 227.24 (1) (a) and (3), the department or credentialing board is 8
not required to provide evidence that promulgating a rule under this subsection as 9
an emergency rule is necessary for the preservation of the public peace, health, 10
safety, or welfare and is not required to provide a finding of emergency for a rule 11
promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), 12
emergency rules promulgated under this subsection remain in effect until May 1, 13
2022, or the date on which permanent rules take effect, whichever is sooner, and the 14
effective period may not be further extended under s. 227.24 (2).