LRB-2742/1
MED:skw
2023 - 2024 LEGISLATURE
June 7, 2023 - Introduced by Senators Stafsholt, Felzkowski, Feyen, Marklein
and Stroebel, cosponsored by Representatives Gustafson, Sortwell, Allen,
Brandtjen, Dittrich, Edming, Green, Moses, Murphy, Mursau, Neylon,
O'Connor, Rozar and Wichgers. Referred to Committee on Licensing,
Constitution and Federalism.
SB320,2,11
1An Act to repeal 89.072, 89.073 (1), 89.073 (2) (b), 89.073 (2m), 89.073 (4), 440.09
2(1), 440.09 (2) (b), 440.09 (2m), 440.09 (4), 440.88 (7), 440.972 (1m), 440.98 (7),
3441.06 (1m), 441.10 (8), 442.05, 443.06 (2) (d), 443.10 (1) (a), (b), (c) and (e),
4445.08, 446.02 (3g), 447.02 (3) (a) 2., 447.04 (1) (b), 447.04 (2) (b), 448.53 (3),
5448.535 (2), 448.63 (2), 448.82, 448.953 (2), 448.966, 448.9704 (2) (a), 448.974
6(1) (b), 449.055, 450.05, 450.071 (3m), 451.08, 454.13 (1), 454.27 (1), 455.04 (3),
7456.08, 457.15, 458.06 (4m), 458.08 (4), 459.05 (1m), 459.28 (1), 460.09, 470.06
8and 480.12 (1);
to renumber 89.073 (3) (a), 440.09 (3) (a), 443.10 (1) (d), 448.535
9(1), 448.9704 (2) (b), 454.13 (2), 454.27 (2), 459.28 (2) and 480.12 (2);
to
10renumber and amend 448.974 (1) (a), 458.06 (2) (intro.), 458.08 (2) (intro.)
11and 459.05 (1);
to consolidate, renumber and amend 447.02 (3) (a) (intro.)
12and 1.;
to amend 45.44 (1) (a) 5., 54.25 (2) (c) 1. d., 55.043 (4) (b) 5., 89.06 (1),
1389.063, 89.071 (1), 89.0715 (2), 89.073 (title), 89.073 (2) (f), 89.078 (1), 89.078
14(2), 89.078 (3), 93.135 (5), 251.06 (3) (e) 3., 321.60 (1) (a) 6m., 440.09 (title),
1440.09 (2) (f), 442.04 (1), 442.04 (5) (b) 4., 443.01 (3r) (a), 443.01 (3r) (b), 443.02
2(2), 443.02 (3), 443.18 (1) (a), 443.18 (2) (a), 445.07 (2) (b), 447.04 (2) (c) 1., 447.04
3(2) (c) 2., 447.04 (2) (d) 1., 447.04 (2) (d) 2., 448.53 (1) (d), 448.54 (3), 448.63 (1)
4(d) 1., 448.64 (3), 448.9545 (1) (a), 450.01 (15), 450.02 (2) (a), 450.03 (1) (g),
5451.04 (2) (d), 451.04 (2) (e), 451.04 (3), 452.05 (3), 452.09 (2) (a), 452.09 (2) (c)
6(intro.), 452.09 (4) (d), 454.06 (1) (a), 454.23 (2) (a), 458.06 (2) (b), 458.08 (2) (b),
7462.03 (1) (intro.), 462.03 (2), 462.03 (3), 462.06 (1) (b) and 961.385 (1) (aL);
to
8repeal and recreate 443.10 (1) (title), 454.13 (title), 454.27 (title), 459.28
9(title) and 480.12 (title); and
to create 89.073 (3) (ac), 89.073 (3) (am), 89.073
10(6), 440.09 (3) (ac), 440.09 (3) (am) and 440.09 (6) of the statutes;
relating to:
11reciprocal credentials.
Analysis by the Legislative Reference Bureau
This bill expands provisions allowing individuals who hold a license,
certification, registration, or permit that was granted by another state to apply for
and receive a reciprocal credential in this state.
Under current law, an individual may not engage in certain professions or
assume certain titles in this state unless the individual holds a credential issued by
the Department of Safety and Professional Services or a credentialing board with
authority to oversee the profession or practice. In certain circumstances, an
individual who holds a license, certification, or registration from another jurisdiction
that authorizes or qualifies the applicant to perform acts that are substantially the
same as those acts authorized by a Wisconsin credential may obtain a “reciprocal
credential.” Current law generally provides two methods for obtaining a reciprocal
credential:
1. Under one of numerous provisions allowing DSPS or a credentialing board
to grant a reciprocal credential if certain conditions are met. These provisions do not
exist for every profession, and generally require that the requirements in the other
jurisdiction in which the individual is licensed, certified, or registered have
requirements that are similar to or substantially equivalent to those under
Wisconsin law.
2. Under a “universal” provision that requires DSPS or a credentialing board
to issue a reciprocal credential if certain conditions are met. This provision does not
require that the other jurisdiction's requirements for granting the license,
credential, or registration be similar to or substantially equivalent to those under
Wisconsin law and is not limited to specific professions or occupations. However, it
is available only to service members, former service members, or the spouses of a
service member or former service members who reside in this state. In addition, it
requires that the individual be in good standing with the governmental authorities
in every jurisdiction outside this state that have granted the license, credential, or
registration.
The bill repeals the various profession-specific reciprocal credential provisions
described above and expands who may apply for reciprocal credentials under the
universal provision to include all individuals, and not only service members and
spouses. However, the bill also eliminates the requirement that the applicant reside
in this state. Additionally, the bill clarifies that the provision 1) requires that the
individual not have any limitation, restriction, or other encumbrance on a credential
issued in another state and not be under investigation by a credentialing authority
in another state; 2) only provides for the granting of reciprocal credentials to natural
persons; and 3) does not apply to temporary credentials or to certain other specified
nonstandard credentials, including unarmed combat sports credentials, peddler's
licenses for ex-soldiers, and credentials issued under the Uniform Athlete Agents
Act. The bill provides that once an individual applies for a reciprocal credential, the
credential is considered to be provisionally granted on that date, and the individual
may immediately practice the occupation or profession, subject to the ultimate
decision on whether to grant or deny the reciprocal credential. Finally, the bill
provides that a person who receives a reciprocal credential must limit his or her
practice to the scope of his or her experience, education, and training.
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:
SB320,1
1Section
1. 45.44 (1) (a) 5. of the statutes is amended to read:
SB320,3,42
45.44
(1) (a) 5. A license, certification, registration, or permit issued under s.
389.06,
89.072, 89.073, 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175
4(2), 97.22 (2), 98.145, 98.146, 98.18 (1) (a), or 168.23 (3).
SB320,2
5Section
2. 54.25 (2) (c) 1. d. of the statutes is amended to read:
SB320,4,56
54.25
(2) (c) 1. d. The right to apply for an operator's license, a license issued
7under ch. 29, a license, certification, or permit issued under s. 89.06
, 89.072, or
889.073, or a credential, as defined in s. 440.01 (2) (a), if the court finds that the
1individual is incapable of understanding the nature and risks of the licensed or
2credentialed activity, to the extent that engaging in the activity would pose a
3substantial risk of physical harm to the individual or others. A failure to find that
4an individual is incapable of applying for a license or credential is not a finding that
5the individual qualifies for the license or credential under applicable laws and rules.
SB320,3
6Section
3. 55.043 (4) (b) 5. of the statutes is amended to read:
SB320,4,127
55.043
(4) (b) 5. Refer the case to the department of safety and professional
8services or the department of agriculture, trade and consumer protection, as
9appropriate, if the financial exploitation, neglect, self-neglect, or abuse involves an
10individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under
11chs. 440 to 460 or to hold a license, certification, or permit issued under s. 89.06
,
1289.072, or 89.073.
SB320,4
13Section
4. 89.06 (1) of the statutes is amended to read:
SB320,5,214
89.06
(1) Except as provided under
ss. 89.072 and s. 89.073, veterinary licenses
15shall be issued only to persons who successfully pass an examination conducted by
16the examining board and pay the fee established under s. 89.063. An applicant for
17an initial license shall be a graduate of a veterinary college that has been approved
18by the examining board or have successfully completed either the educational
19commission for foreign veterinary graduates certification program of the American
20Veterinary Medical Association or the program for the assessment of veterinary
21education equivalence offered by the American Association of Veterinary State
22Boards. Persons who qualify for examination may be granted temporary permits to
23engage in the practice of veterinary medicine in the employment and under the
24supervision of a veterinarian until the results of the next examination conducted by
25the examining board are available. In case of failure at any examination, the
1applicant shall have the privilege of taking subsequent examinations, upon the
2payment of another fee for each examination.
SB320,5
3Section
5. 89.063 of the statutes is amended to read:
SB320,5,10
489.063 Fees. The department shall determine by rule the fees for each initial
5license, certification, and permit issued under ss. 89.06
, 89.072, and 89.073, and, if
6applicable, for renewal of the license, certification, or permit, including late fees,
7based on the department's administrative and enforcement costs under this chapter.
8The department shall notify the holder of each such license, certification, or permit
9of any fee adjustment under this subsection that affects that license, certification,
10or permit holder.
SB320,6
11Section
6. 89.071 (1) of the statutes is amended to read:
SB320,5,1912
89.071
(1) If the examining board determines during an investigation of a
13complaint against a person holding a license, certification, or permit issued under s.
1489.06
, 89.072, or 89.073 that there is evidence that the credential holder committed
15misconduct, the examining board may close the investigation by issuing an
16administrative warning to the credential holder if the examining board determines
17that no further disciplinary action is warranted, the complaint involves a first
18occurrence of a minor violation, and the issuance of an administrative warning
19adequately protects the public.
SB320,7
20Section
7. 89.0715 (2) of the statutes is amended to read:
SB320,6,521
89.0715
(2) In any disciplinary proceeding against a holder of a license,
22certification, or permit issued under s. 89.06
, 89.072, or 89.073 in which the
23examining board orders suspension, limitation, or revocation of the credential or
24reprimands the credential holder, the examining board may, in addition to imposing
25discipline, assess all or part of the costs of the proceeding against the credential
1holder. Costs assessed under this subsection are payable to the department. Interest
2shall accrue on costs assessed under this subsection at a rate of 12 percent per year
3beginning on the date that payment of the costs are due as ordered by the examining
4board. Upon the request of the department, the department of justice may commence
5an action to recover costs assessed under this subsection and any accrued interest.
SB320,8
6Section
8. 89.072 of the statutes is repealed.
SB320,9
7Section
9. 89.073 (title) of the statutes is amended to read:
SB320,6,9
889.073 (title)
Reciprocal credentials for service members, former
9service members, and their spouses.
SB320,10
10Section
10. 89.073 (1) of the statutes is repealed.
SB320,11
11Section
11. 89.073 (2) (b) of the statutes is repealed.
SB320,12
12Section
12. 89.073 (2) (f) of the statutes is amended to read:
SB320,6,1913
89.073
(2) (f) The individual
is in good standing with the governmental
14authorities in every jurisdiction outside this state that have granted the individual
15a credential does not have any limitation, restriction, or other encumbrance on any
16license, certification, registration, or permit issued by a governmental authority in
17a jurisdiction outside this state that qualifies the individual to perform acts
18authorized under the appropriate credential specified under s. 89.06
and is not under
19investigation by any such governmental authority.
SB320,13
20Section
13. 89.073 (2m) of the statutes is repealed.
SB320,14
21Section
14. 89.073 (3) (a) of the statutes is renumbered 89.073 (3) (ag).
SB320,15
22Section
15. 89.073 (3) (ac) of the statutes is created to read:
SB320,7,223
89.073
(3) (ac) Notwithstanding sub. (2), once an individual applies for a
24credential under sub. (2) (a), the credential shall be considered to be provisionally
25granted on that date, and the individual may immediately practice as provided in
1par. (am), subject to the ultimate decision by the examining board on whether to
2grant or deny the credential.
SB320,16
3Section
16. 89.073 (3) (am) of the statutes is created to read:
SB320,7,84
89.073
(3) (am) 1. A reciprocal credential granted under this section shall,
5except as otherwise provided in this subsection and as otherwise provided by law, be
6considered in all respects as being equivalent to, subject to the same laws, scope of
7practice, and procedures as, and considered to confer the same rights, privileges, and
8authority that are conferred by, the appropriate provisions under s. 89.06.
SB320,7,109
2. An individual granted a reciprocal credential under this section shall limit
10his or her practice to the scope of his or her experience, education, and training.
SB320,17
11Section
17. 89.073 (4) of the statutes is repealed.
SB320,18
12Section
18. 89.073 (6) of the statutes is created to read:
SB320,7,1413
89.073
(6) (a) This section applies only to grant reciprocal credentials to
14individuals.
SB320,7,1515
(b) This section does not apply to credentials of a temporary nature.
SB320,19
16Section
19. 89.078 (1) of the statutes is amended to read:
SB320,7,2317
89.078
(1) The examining board may conduct an investigation to determine
18whether an applicant for a license, certification, or permit issued under s. 89.06
,
1989.072, or 89.073 satisfies any of the eligibility requirements specified for the license,
20certification, or permit, including, subject to ss. 111.321, 111.322, and 111.335,
21whether the applicant does not have an arrest or conviction record. In conducting
22an investigation under this subsection, the examining board may require an
23applicant to provide any information that is necessary for the investigation.
SB320,20
24Section
20. 89.078 (2) of the statutes is amended to read:
SB320,8,6
189.078
(2) A person holding a license, certification, or permit issued under s.
289.06
, 89.072, or 89.073 who is convicted of a felony or misdemeanor anywhere shall
3send a notice of the conviction by 1st class mail to the examining board within 48
4hours after the entry of the judgment of conviction. The examining board shall by
5rule determine what information and documentation the person holding the
6credential shall include with the written notice.
SB320,21
7Section
21. 89.078 (3) of the statutes is amended to read:
SB320,8,108
89.078
(3) The examining board may investigate whether an applicant for or
9holder of a license, certification, or permit issued under s. 89.06
, 89.072, or 89.073
10has been charged with or convicted of a crime.
SB320,22
11Section
22. 93.135 (5) of the statutes is amended to read:
SB320,8,1812
93.135
(5) The department shall deny an application for an initial license,
13certification, or permit issued under s. 89.06
, 89.072, or 89.073, or, if applicable, an
14application for renewal of that license, certification, or permit or revoke a license,
15certification, or permit issued under s. 89.06
, 89.072, or 89.073 to an individual for
16whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d.
17stating that the individual is incompetent to apply for or hold that license,
18certification, or permit.
SB320,23
19Section
23. 251.06 (3) (e) 3. of the statutes is amended to read:
SB320,8,2220
251.06
(3) (e) 3. A public health dental hygienist, who is licensed as a dental
21hygienist under s. 447.04 (2) (a)
or (b), and who meets qualifications that the
22department shall specify by rule.
SB320,24
23Section
24. 321.60 (1) (a) 6m. of the statutes is amended to read:
SB320,8,2524
321.60
(1) (a) 6m. A license, certification, or permit issued under s. 89.06
or
2589.072.
SB320,25
1Section
25. 440.09 (title) of the statutes is amended to read: