2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senators Kooyenga, Johnson and Feyen,
cosponsored by Representatives Petryk, Haywood, Quinn, Subeck, Gundrum,
Stubbs, Knodl, Vruwink, Tusler, Dittrich, Sortwell, Brostoff and
Wichgers. Referred to Committee on Public Benefits, Licensing and
State-Federal Relations.
SB760,1,7 1An Act to renumber and amend 440.03 (13) (a); to amend 440.035 (1m)
2(intro.), 440.035 (1m) (b) and 440.035 (2); and to create 440.03 (13) (a) 2.,
3440.03 (13) (e), 440.035 (1p) and 440.035 (1r) of the statutes; relating to:
4procedures for granting credentials granted by the department of safety and
5professional services and credentialing boards, extending the time limit for
6emergency rule procedures, and providing an exemption from emergency rule
7procedures.
Analysis by the Legislative Reference Bureau
This bill makes a number of changes regarding the process for the granting of
professional credentials by the Department of Safety and Professional Services and
credentialing boards in DSPS, including all of the following:
1. The bill explicitly allows a credentialing board to delegate authority to DSPS
to make determinations regarding whether an applicant satisfies the requirements
to be granted a credential and authority to grant or deny a credential in accordance
with that determination.
2. Once an application for a credential is considered complete following an
investigation conducted by DSPS, DSPS must, for a credential that is granted by a
credentialing board, either 1) forward the application to the board or the board's
designee with DSPS's recommendation regarding approval or denial of the

application or 2) if DSPS has been delegated the authority to make a determination
on the application, directly approve or deny the application in accordance with its
determination. If DSPS forwards an application to the board or the board's designee
with a recommendation that it be approved, the bill requires that the application be
considered automatically approved by the board on the tenth business day
thereafter, unless the application is acted on sooner or unless the board or its
designee takes certain other actions before that date.
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:
SB760,1 1Section 1. 440.03 (13) (a) of the statutes is renumbered 440.03 (13) (a) 1. and
2amended to read:
SB760,2,113 440.03 (13) (a) 1. The department may conduct an investigation to determine
4whether an applicant for a credential satisfies any of the eligibility requirements
5specified for the credential, including whether the applicant does not have an arrest
6or conviction record. In conducting an investigation under this paragraph, the
7department may require an applicant to provide any information that is necessary
8for the investigation, except that, for an investigation of an arrest or conviction
9record, the department shall comply with the requirements of pars. (b) and (c). Once
10all required information has been received and the department has completed its
11investigation, the application shall be considered complete.
SB760,2 12Section 2 . 440.03 (13) (a) 2. of the statutes is created to read:
SB760,2,1513 440.03 (13) (a) 2. Once an application is considered complete following an
14investigation as provided in subd. 1., the department shall, for a credential that is
15granted by a credentialing board, do one of the following:
SB760,3,216 a. Forward the application to the credentialing board or the credentialing
17board's designee with the results of the department's investigation and a

1recommendation on whether to approve the application, approve the application
2with limitations, deny the application, or conduct further review.
SB760,3,53 b. In accordance with authority delegated to the department under s. 440.035
4(1p), approve the application, approve the application with limitations, or deny the
5application.
SB760,3 6Section 3. 440.03 (13) (e) of the statutes is created to read:
SB760,3,167 440.03 (13) (e) After the department submits under par. (a) 2. a. a completed
8application for a credential to a credentialing board or the designee of the
9credentialing board, for which the department recommends approval or approval
10with limitations and does not recommend any further review by the credentialing
11board or the credentialing board's designee, the department may notify the applicant
12that, unless anything specified in s. 440.035 (1r) (a) to (d) occurs prior to that date,
13the application will be considered to have been approved by the credentialing board
14in accordance with the department's recommendation on the 10th business day
15following the date of submission and the credential will be issued no later than the
1610th business day following that date.
SB760,4 17Section 4. 440.035 (1m) (intro.) of the statutes is amended to read:
SB760,3,2018 440.035 (1m) (intro.) Each examining board or affiliated Subject to subs. (1p)
19and (1r), each
credentialing board attached to the department or an examining board
20shall:
SB760,5 21Section 5. 440.035 (1m) (b) of the statutes is amended to read:
SB760,4,522 440.035 (1m) (b) Be the supervising authority of all personnel, other than
23shared personnel, engaged in the review, investigation, or handling of information
24regarding qualifications of applicants for credentials, examination questions and
25answers, accreditation, related investigations, and disciplinary matters affecting

1persons who are credentialed by the examining board or affiliated credentialing
2board, or in the establishing of regulatory policy or the exercise of administrative
3discretion with regard to the qualifications or discipline of applicants or persons who
4are credentialed by the examining board, affiliated credentialing board or
5accreditation.
SB760,6 6Section 6 . 440.035 (1p) of the statutes is created to read:
SB760,4,117 440.035 (1p) Notwithstanding chs. 440 to 480, a credentialing board may
8delegate authority to the department to make determinations regarding whether an
9applicant satisfies the requirements to be granted a credential and may delegate
10authority to the department to grant or deny a credential in accordance with that
11determination.
SB760,7 12Section 7. 440.035 (1r) of the statutes is created to read:
SB760,4,2013 440.035 (1r) Notwithstanding chs. 440 and 480, after the department submits
14a completed application for a credential to a credentialing board or the designee of
15the credentialing board under s. 440.03 (13) (a) 2. a. for which the department
16recommends approval or approval with limitations and does not recommend further
17review by the credentialing board or the credentialing board's designee, the
18application shall be considered to have been approved by the credentialing board in
19accordance with the department's recommendation on the 10th business day
20following the date of submission, unless one of the following occurs prior to that date:
SB760,4,2221 (a) The credentialing board or the credentialing board's designee approves or
22denies the credential.
SB760,5,223 (b) The credentialing board or the credentialing board's designee makes a
24determination that additional time is required to make a determination on the

1application, not to exceed any deadline established by the department under s.
2440.03 (1m).
SB760,5,53 (c) The credentialing board or the credentialing board's designee determines
4that an applicant must complete an additional examination, if the credentialing
5board has the authority to require such an examination.
SB760,5,76 (d) The credentialing board makes a request, subject to s. 103.35, for further
7information from the applicant in order to make a determination on the application.
SB760,8 8Section 8. 440.035 (2) of the statutes is amended to read:
SB760,5,139 440.035 (2) Except as otherwise permitted in chs. 440 to 480, an examining
10board or affiliated
a credentialing board attached to the department or an examining
11board
may require a credential holder to submit proof of the continuing education
12programs or courses that he or she has completed only if a complaint is made against
13the credential holder.
SB760,9 14Section 9. Nonstatutory provisions.
SB760,6,215 (1) Using the procedure under s. 227.24, the department of safety and
16professional services and any credentialing board, as defined in s. 440.01 (2) (bm),
17may promulgate rules that are necessary to implement the changes in this act.
18Notwithstanding s. 227.24 (1) (a) and (3), the department or credentialing board is
19not required to provide evidence that promulgating a rule under this subsection as
20an emergency rule is necessary for the preservation of the public peace, health,
21safety, or welfare and is not required to provide a finding of emergency for a rule
22promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2),
23emergency rules promulgated under this subsection remain in effect until May 1,

12022, or the date on which permanent rules take effect, whichever is sooner, and the
2effective period may not be further extended under s. 227.24 (2).
SB760,6,33 (End)
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