LRB-3519/1
KP:kjf
2021 - 2022 LEGISLATURE
January 21, 2022 - Introduced by Representatives Murphy, Horlacher,
Brandtjen, Cabral-Guevara, Dittrich, Edming, Moses, Rozar, Thiesfeldt,
Wichgers and Knodl, cosponsored by Senators Jacque and Nass. Referred to
Committee on Regulatory Licensing Reform.
AB902,1,5
1An Act to renumber 440.09 (2);
to renumber and amend 440.09 (2m), 440.09
2(3) (a), 440.09 (3) (b), 440.09 (4) and 440.09 (5);
to amend 101.022, 101.874 (2),
3101.874 (3) (intro.) and 440.09 (title); and
to create 89.072 (3), 101.874 (4),
4440.09 (1) (title), 440.09 (1m), 440.09 (2e) (title) and 440.09 (3m) of the statutes;
5relating to: reciprocal credentials and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill establishes a process for credential holders from other states to obtain
reciprocal credentials to practice their professions in Wisconsin. Under the bill, a
person who applies to the Department of Safety and Professional Services, a
credentialing board, or the Veterinary Examining Board, as appropriate, must be
granted a reciprocal credential if the person holds a license, certification,
registration, or permit granted by another state that qualifies the person to practice
the profession authorized under the analogous credential granted by DSPS or the
appropriate board. In order to receive the reciprocal credential, an applicant must
reside in Wisconsin and satisfy certain other requirements, including that 1) the
applicant has held a license, certification, registration, or permit analogous to the
credential in another state for at least one year; 2) when the applicant was granted
the license, certification, registration, or permit, minimum education and, if
applicable, work experience and clinical supervision requirements applied; 3) the
applicant has not had a license, certification, registration, or permit revoked; 4) the
applicant does not have a complaint, allegation, or investigation pending before a
regulating entity in another state or country relating to unprofessional conduct; 5)
the applicant passes a criminal background check that applies to applicants for the
analogous credential; and 6) the applicant passes an examination on the laws
governing practice of the profession in Wisconsin, if such an examination is required
for the analogous credential.
The bill generally applies to credentials granted by the Veterinary Examining
Board, DSPS, and credentialing boards in DSPS, but does not apply to credentials
related to transportation network companies, private colleges, boxing and martial
arts, body art and tanning facilities, private detectives, and security guards.
Additionally, a person who applies for a reciprocal credential under the bill
during the first year after it takes effect is not required to pay any fee for the
credential.
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:
AB902,1
1Section
1. 89.072 (3) of the statutes is created to read:
AB902,2,42
89.072
(3) (a) The examining board shall grant a license or certification under
3s. 89.06 to a person who the examining board determines meets all of the following
4requirements:
AB902,2,65
1. The person applies for a license or certification under this chapter on a form
6prescribed by the examining board.
AB902,2,107
2. The person holds a license, certification, registration, or permit that was
8granted by another state that qualifies the person to perform the acts authorized
9under the license or certification granted by the examining board and all of the
10following apply:
AB902,2,1211
a. The person has held that license, certification, registration, or permit for at
12least one year.
AB902,3,213
b. When the person was granted the license, certification, registration, or
14permit, there were minimum education requirements in effect, and the other state
1verifies that the person met those requirements in order to receive that license,
2certification, registration, or permit.
AB902,3,33
3. The person establishes residence in this state.
AB902,3,54
4. The person previously passed all examinations required for the license,
5certification, registration, or permit in the other state, if required by the other state.
AB902,3,96
5. The person has not had his or her license, certification, registration, or
7permit revoked and has not voluntarily surrendered a license, certification,
8registration, or permit in another state or country while under investigation for
9unprofessional conduct.
AB902,3,1510
6. The person has not had discipline imposed by a regulating entity in another
11state or country, except that if a regulating entity in another state or country has
12taken disciplinary action against the person, the examining board shall determine
13if the cause for the action was corrected and the matter resolved, and if the matter
14has been resolved, the examining board shall issue the license or certification if the
15other requirements in this paragraph are satisfied.
AB902,3,2116
7. The person does not have a complaint, allegation, or investigation pending
17before a regulating entity in another state or country that relates to unprofessional
18conduct. If the individual has any complaint, allegation, or investigation pending,
19the examining board shall suspend the application process and may not issue or deny
20a license or certification to the person until the complaint, allegation, or
21investigation is resolved.
AB902,3,2422
8. The person does not have an arrest record, as defined in s. 111.32 (1), or a
23conviction record, as defined in s. 111.32 (3), that would disqualify the person from
24being granted a license or certification under this chapter.
AB902,4,2
19. The person passes an examination on the laws and rules related to practicing
2under a license or certification under this chapter.
AB902,4,33
10. The person pays the fee established under s. 89.063.
AB902,4,64
(b) The examining board shall promulgate rules to implement par. (a) but may
5not require any requirements other than those specified in par. (a) to be satisfied in
6order for a person to be granted a license or certification under par. (a).
AB902,2
7Section
2. 101.022 of the statutes is amended to read:
AB902,4,14
8101.022 Certain laws applicable to occupational licenses. Sections
9440.03 (1), (3m), (4), (11m), and (13) (a), (am), and (b) 75., 440.05 (1) (a) and (2) (b),
10440.075, 440.09
(2), 440.11, 440.12, 440.121, 440.13, 440.14, 440.15, 440.19, 440.20
11(1), (3), (4) (a), and (5) (a), 440.205, 440.21, and 440.22, and the requirements imposed
12on the department under those statutes, apply to occupational licenses, as defined
13in s. 101.02 (1) (a) 2., in the same manner as those statutes apply to credentials, as
14defined in s. 440.01 (2) (a).
AB902,3
15Section
3. 101.874 (2) of the statutes is amended to read:
AB902,4,2316
101.874
(2) The department may enter into a reciprocal agreement with
17another state under which credentials issued to electricians, electrical apprentices,
18electrical contractors, and electrical inspectors by either state are recognized as
19comparable credentials by the other state.
Under
Except as provided under sub. (4),
20under the agreement, the department may recognize credentials from the other state
21only if the education, experience, and examination requirements in the other state
22are at least equivalent to the education, experience, and examination requirements
23for being issued credentials under this subchapter.
AB902,4
24Section
4. 101.874 (3) (intro.) of the statutes is amended to read:
AB902,5,3
1101.874
(3) (intro.) Upon entering into an agreement under this section, the
2department may issue a credential
under the agreement only if all of the following
3apply:
AB902,5
4Section
5. 101.874 (4) of the statutes is created to read:
AB902,5,75
101.874
(4) Notwithstanding any agreement the department enters into under
6this section, the department shall grant a reciprocal credential under s. 440.09 (3m)
7to an individual who meets the requirements under s. 440.09 (3m).
AB902,6
8Section
6. 440.09 (title) of the statutes is amended to read:
AB902,5,10
9440.09 (title)
Reciprocal credentials
for service members, former
10service members, and their spouses.
AB902,7
11Section
7. 440.09 (1) (title) of the statutes is created to read:
AB902,5,1212
440.09
(1) (title)
Definitions.
AB902,8
13Section
8. 440.09 (1m) of the statutes is created to read:
AB902,5,1914
440.09
(1m) Reciprocal credentials; generally. In addition to any provisions
15allowing an individual to be granted a reciprocal credential, an individual may be
16granted a reciprocal credential under sub. (2e) or (3m). Subject to sub. (2e) (c), an
17individual who is granted a reciprocal credential under sub. (2e) or (3m) shall
18otherwise be considered to hold the applicable credential under, and be subject to, the
19applicable provisions governing that credential.
AB902,9
20Section
9. 440.09 (2) of the statutes is renumbered 440.09 (2e) (a).
AB902,10
21Section
10. 440.09 (2e) (title) of the statutes is created to read:
AB902,5,2322
440.09
(2e) (title)
Reciprocal credentials for service members, former
23service members, and their spouses.
AB902,11
24Section 11
. 440.09 (2m) of the statutes is renumbered 440.09 (2e) (b) and
25amended to read:
AB902,6,6
1440.09
(2e) (b) If an individual is unable to provide documentation
under this
2subsection that the individual is a service member, former service member, or the
3spouse of a service member or former service member, the individual may submit an
4affidavit to the department or credentialing board, as appropriate, stating that the
5individual is a service member, former service member, or the spouse of a service
6member or former service member.
AB902,12
7Section
12. 440.09 (3) (a) of the statutes is renumbered 440.09 (2e) (c) 1. and
8amended to read:
AB902,6,149
440.09
(2e) (c) 1. A reciprocal credential granted under this
section subsection 10expires on the applicable renewal date specified in s. 440.08 (2) (a), except that if the
11first renewal date specified in s. 440.08 (2) (a) after the date on which the credential
12is granted is within 180 days of the date on which the credential is granted, the
13credential expires on the 2nd renewal date specified in s. 440.08 (2) (a) after the date
14on which the credential is granted.
AB902,13
15Section
13. 440.09 (3) (b) of the statutes is renumbered 440.09 (2e) (c) 2. and
16amended to read:
AB902,6,2017
440.09
(2e) (c) 2. The department or credentialing board, as appropriate, shall
18grant a renewed reciprocal credential
under this subsection to an applicant who pays
19the renewal fee specified under s. 440.05 (2) and satisfies the requirements that
20apply for renewing that credential.
AB902,14
21Section
14. 440.09 (3m) of the statutes is created to read:
AB902,6,2522
440.09
(3m) Reciprocal credentials for out-of-state credential holders. 23(a) Except as provided in par. (b), the department and each credentialing board shall
24grant a reciprocal credential to an individual who the department or credentialing
25board determines meets all of the following requirements:
AB902,7,2
11. The individual applies for a reciprocal credential under this subsection on
2a form prescribed by the department or credentialing board.