LRB-5957/1
KP&TJD:ahe&amn
2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Senators Kooyenga and Tiffany, cosponsored by
Representatives Kurtz, Sanfelippo, Brooks, Gundrum, Magnafici, Murphy,
Rohrkaste, Skowronski, Wichgers, Dittrich and Tusler. Referred to
Committee on Health and Human Services.
SB928,1,2
1An Act relating to: the scope of practice of health care providers and health care
2providers from other states.
Analysis by the Legislative Reference Bureau
This bill addresses the scope of practice of health care providers and practice
by health care providers from other states, as follows:
1. The bill allows a health care provider to provide any health care services
within the extent of his or her individual education, training, and experience.
Current law generally prohibits a person from engaging in certain health
care-related practices without holding a required credential.
2. The bill prohibits the Department of Safety and Professional Services and
all credentialing boards from reprimanding a health care provider or denying,
limiting, suspending, or revoking the credential of a health care provider for
providing a health care service in a regulated health care setting, such as a hospital,
clinic, long-term care facility, or other regulated setting. This provision applies only
if the following are satisfied: 1) the health care service provided by a health care
provider is within the provider's education, training, and experience; and 2) the
health care service is provided at the direction of an attending physician or under a
written policy issued by a regulated health care setting.
3. The bill allows a health care provider from another state to practice a health
care profession in Wisconsin if the health care provider holds in good standing a
license, certificate, or registration granted by another state that authorizes the
person to practice that profession. These health care providers are considered to
have a credential in this state.
The bill's provision's apply only during the public health emergency declared
on March 12, 2020, by executive order 72.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB928,1
1Section
1
.
Nonstatutory provisions.
SB928,2,22
(1)
Scope of practice of health care providers.
SB928,2,33
(a)
Definitions. In this subsection:
SB928,2,5
41. “Health care provider” has the meaning given in s. 146.81 (1) (a) to (hp), (r),
5and (s).
SB928,2,10
62. “Regulated health care setting” means a health care provider as defined in
7s. 146.81 (1) (i) to (q), any entity that is licensed, certified, registered or otherwise
8credentialed under ch. 50 or 51 or rules promulgated under ch. 50 or 51, an outpatient
9health clinic, and any other setting regulated by the department of health services,
10as specified by the department of health services.
SB928,2,2011
(b)
Services provided by health care providers. Notwithstanding ss. 440.982 (1),
12441.06 (4), 441.15 (2), 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and
13(1m), 448.51, 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1),
14455.02 (1m), 457.04, 459.02 (1), 459.24 (1), and 460.02, a health care provider may
15provide any health care services within the extent of his or her individual education,
16training, and experience and does not violate any of the prohibitions against
17engaging in a practice without a credential under s. 440.982 (1), 441.06 (4), 441.15
18(2), 446.02 (1), 447.03 (1) or (2), 448.03 (1) (a), (b), or (c) or (1m), 448.51, 448.61,
19448.76, 448.961 (1) or (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04,
20459.02 (1), 459.24 (1), or 460.02.
SB928,3,5
1(c)
Regulated health care settings. The department of health services may not
2sanction, deny Medical Assistance reimbursement to, or otherwise penalize a
3regulated health care setting because that regulated health care setting has as an
4employee or contractor a health care provider who is providing services in accordance
5with par. (b) or (d).
SB928,3,136
(d)
Practicing under authorization. Notwithstanding ss. 440.986, 441.07,
7446.03, 447.07, 448.02, 448.57, 448.675, 448.87, 448.968, 449.07, 450.10, 451.14,
8455.09, 457.26, 459.10, and 460.14, the department of safety and professional
9services and any examining board, affiliated credentialing board, and board in the
10department of safety and professional services may not reprimand a health care
11provider or deny, limit, suspend, or revoke the credential of a health care provider
12for providing a health care service in a regulated health care setting if all of the
13following apply:
SB928,3,15
141. The health care service is within the health care provider's education,
15training, and experience.
SB928,3,17
162. The health care service is provided at the direction of an attending physician
17or under a written policy issued by the regulated health care setting.
SB928,3,1818
(2)
Practice of health care providers from other states.
SB928,3,2419
(a)
Definition. In this subsection, “out-of-state health care provider” means
20an individual who holds in good standing a valid, unexpired license, certificate, or
21registration granted by another state or territory that authorizes or qualifies the
22individual to perform acts that are substantially the same as the acts that a health
23care provider, as defined in s. 146.81 (1) (a) to (hp), (r) and (s), is licensed or certified
24to perform.
SB928,4,6
1(b)
Practice by out-of-state health care providers. Notwithstanding ss. 440.982
2(1), 441.06 (4), 441.15 (2), 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and
3(1m), 448.51, 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1),
4455.02 (1m), 457.04, 459.02 (1), 459.24 (1), and 460.02, an out-of-state health care
5provider may provide services for which the out-of-state health care provider is
6licensed, certified, or registered.
SB928,4,107
(c)
Considered in-state license. An out-of-state health care provider practicing
8in compliance with par. (b) is considered to hold the credential in this state that is
9the same or substantially the same as the out-of-state credential. A physician or
10nurse anesthetist may elect to be subject to ch. 655 for practice in this state.
SB928,4,1311
(3)
Applicability. Section 1 (1) and (2) of this act applies only during the period
12covered by the public health emergency declared on March 12, 2020, by executive
13order 72, including any extension under s. 323.10.
