AB410,5
1Section 5. 111.335 (4) (jm) of the statutes is created to read:
AB410,4,52 111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment
3discrimination because of conviction record for the physician assistant affiliated
4credentialing board to refuse to grant to an individual a compact privilege, as defined
5in s. 448.988 (2) (b), in accordance with s. 448.988 (4) (a) 3.
AB410,6 6Section 6. 118.2925 (1) (f) of the statutes is amended to read:
AB410,4,97 118.2925 (1) (f) “Physician assistant" means a person who is licensed under s.
8448.974
subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of
9ch. 448
.
AB410,7 10Section 7. 146.81 (1) (eu) of the statutes is amended to read:
AB410,4,1211 146.81 (1) (eu) A physician assistant who is licensed under subch. IX of ch. 448
12or who holds a compact privilege under subch. XIII of ch. 448.
AB410,8 13Section 8. 146.997 (1) (d) 4. of the statutes, as affected by 2021 Wisconsin Act
14251
, is amended to read:
AB410,4,2115 146.997 (1) (d) 4. A physician, physician assistant, podiatrist, perfusionist,
16physical therapist, physical therapist assistant, occupational therapist,
17occupational therapy assistant, or genetic counselor licensed under ch. 448; a
18physical therapist or physical therapist assistant who holds a compact privilege
19under subch. XI of ch. 448; or an occupational therapist or occupational therapy
20assistant who holds a compact privilege under subch. XII of ch. 448 ; or a physician
21assistant who holds a compact privilege under subch. XIII of ch. 448;
.
AB410,9 22Section 9. 154.01 (3) (b) of the statutes is amended to read:
AB410,4,2323 154.01 (3) (b) A physician assistant licensed under ch. 448.
AB410,10 24Section 10. 155.01 (1g) (c) of the statutes is amended to read:
AB410,5,3
1155.01 (1g) (c) A physician assistant licensed under ch. 448 who a physician
2responsible for overseeing the physician assistant's practice affirms is competent to
3conduct evaluations of the capacity of patients to manage health care decisions.
AB410,11 4Section 11. 155.01 (7) of the statutes, as affected by 2021 Wisconsin Act 251,
5is amended to read:
AB410,5,226 155.01 (7) “Health care provider" means a nurse licensed or permitted under
7ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
8physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
9therapist assistant, occupational therapist, occupational therapy assistant, or
10genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch.
11466, a person practicing Christian Science treatment, an optometrist licensed under
12ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary
13authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
14practicing under the authority to practice interjurisdictional telepsychology, as
15defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who
16holds a compact privilege under subch. XI of ch. 448, an occupational therapist or
17occupational therapy assistant who holds a compact privilege under subch. XII of ch.
18448, a physician assistant who holds a compact privilege under subch. XIII of ch. 448,
19a partnership thereof, a corporation or limited liability company thereof that
20provides health care services, a cooperative health care association organized under
21s. 185.981 that directly provides services through salaried employees in its own
22facility, or a home health agency, as defined in s. 50.49 (1) (a).
AB410,12 23Section 12. 252.14 (1) (ar) 14. of the statutes is renumbered 252.14 (1) (ar)
244rm.
AB410,13 25Section 13. 252.15 (1) (am) of the statutes is repealed and recreated to read:
AB410,6,2
1252.15 (1) (am) “Health care professional" means a physician, physician
2assistant, or nurse.
AB410,14 3Section 14. 440.03 (9) (a) (intro.) of the statutes is amended to read:
AB410,6,84 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
5the department shall, biennially, determine each fee for an initial credential for
6which no examination is required, for a reciprocal credential, and for a credential
7renewal and any fees imposed under ss. 448.986 (2) and , 448.9875 (2), and 448.9885
8(2)
by doing all of the following:
AB410,15 9Section 15. 440.03 (9) (a) 2. of the statutes is amended to read:
AB410,6,2410 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
11adjusting for the succeeding fiscal biennium each fee for an initial credential for
12which an examination is not required, for a reciprocal credential, and, subject to s.
13440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
14and, 448.9875 (2), and 448.9885 (2), if an adjustment is necessary to reflect the
15approximate administrative and enforcement costs of the department that are
16attributable to the regulation of the particular occupation or business during the
17period in which the initial or reciprocal credential, credential renewal, or compact
18privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
19an estimate of any additional moneys available for the department's general
20program operations as a result of appropriation transfers that have been or are
21estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
22at the time of the deadline for an adjustment under this subdivision or during the
23fiscal biennium beginning on the July 1 immediately following the deadline for an
24adjustment under this subdivision.
AB410,16 25Section 16. 440.03 (11m) (c) 2c. of the statutes is created to read:
AB410,7,3
1440.03 (11m) (c) 2c. The coordinated data and reporting system under s.
2448.988 (8), if such disclosure is required under the PA licensure compact under s.
3448.988.
AB410,17 4Section 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:
AB410,7,115 440.03 (13) (b) (intro.) The department may investigate whether an applicant
6for or holder of any of the following credentials has been charged with or convicted
7of a crime only pursuant to rules promulgated by the department under this
8paragraph, including rules that establish the criteria that the department will use
9to determine whether an investigation under this paragraph is necessary, except as
10provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
11448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., and 455.50 (3) (e) 4. and (f) 4.:
AB410,18 12Section 18. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
13(intro.) and amended to read:
AB410,7,1614 440.03 (13) (c) 1. (intro.) The department shall require an all of the following
15to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
16set of the person's fingerprints:
AB410,7,18 17a. An applicant for a private detective license or a private security permit under
18s. 440.26, an.
AB410,7,20 19b. An applicant for a juvenile martial arts instructor permit under sub. (17),
20an
.
AB410,7,22 21c. An applicant for a real estate appraiser certification under s. 458.06 or
22license under s. 458.08, an.
AB410,7,23 23d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
AB410,7,24 24e. An applicant for a compact license under s. 448.05 (2) (f), an.
AB410,8,2
1f. An applicant for a physical therapist license under s. 448.53 or physical
2therapist assistant license under s. 448.535, an .
AB410,8,6 3g. An applicant for an occupational therapist or occupational therapy assistant
4compact privilege under s. 448.987 (4), and an applicant for an occupational
5therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
6a., an
AB410,8,7 7h. An applicant for a psychologist license under s. 455.04, and a.
AB410,8,10 8z. A person for whom the department conducts an investigation under par. (b),
9to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
10set of the person's fingerprints
.
AB410,8,20 112. The department of justice may submit the fingerprint cards, and the
12department of justice shall submit the fingerprint cards of all applicants for a real
13estate appraiser certification under s. 458.06 or license under s. 458.08, of all
14applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
15for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
16license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
17of all applicants for a psychologist license under s. 455.04
identified in subd. 1. c. to
18i.
, to the federal bureau of investigation for the purpose of verifying the identity of
19the persons fingerprinted and obtaining records of their criminal arrests and
20convictions.
AB410,8,23 213. Information obtained from the federal bureau of investigation may be shared
22with the department or the appropriate credentialing board, but shall otherwise be
23kept confidential and is not subject to disclosure under s. 19.35.
AB410,19 24Section 19. 440.03 (13) (c) 1. i. of the statutes is created to read:
AB410,9,3
1440.03 (13) (c) 1. i. An applicant for a physician assistant license or compact
2privilege under s. 448.974 when required pursuant to the PA licensure compact
3under s. 448.988.
AB410,20 4Section 20. 440.094 (1) (c) 4. of the statutes is amended to read:
AB410,9,65 440.094 (1) (c) 4. A physician, physician assistant, perfusionist, or respiratory
6care practitioner licensed or certified under subch. II of ch. 448.
AB410,21 7Section 21 . 440.094 (1) (c) 9m. of the statutes is created to read:
AB410,9,88 440.094 (1) (c) 9m. A physician assistant licensed under subch. IX of ch. 448.
AB410,22 9Section 22. 440.15 of the statutes is amended to read:
AB410,9,15 10440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
11441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
122. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and
13(f) 4., the department or a credentialing board may not require that an applicant for
14a credential or a credential holder be fingerprinted or submit fingerprints in
15connection with the department's or the credentialing board's credentialing.
AB410,23 16Section 23. 448.015 (4) (am) 2m. of the statutes is renumbered 448.978 (1g)
17(a) and amended to read:
AB410,9,2018 448.978 (1g) (a) A “ Unprofessional conduct” includes a determination made
19by a physician assistant under ch. 154 or 155 if the physician assistant does not have
20sufficient education, training, and experience to make the determination.
AB410,24 21Section 24. 448.971 (1L) of the statutes is created to read:
AB410,9,2222 448.971 (1L) “Compact” means the PA licensure compact under s. 448.988.
AB410,25 23Section 25. 448.971 (1m) of the statutes is created to read:
AB410,10,3
1448.971 (1m) “Compact privilege” means a compact privilege, as defined in s.
2448.988 (2) (b), that is granted under the compact to an individual to practice in this
3state.
AB410,26 4Section 26. 448.971 (2) of the statutes is amended to read:
AB410,10,65 448.971 (2) “Physician assistant” means a person who is licensed under this
6subchapter or who holds a compact privilege.
AB410,27 7Section 27. 448.972 (1) of the statutes is amended to read:
AB410,10,138 448.972 (1) Except as provided in subs. (2) and (3), no person may represent
9himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or
10“physician assistant," or append to the person's name the words or letters “physician
11assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents
12or may tend to represent the person as a physician assistant, unless he or she is
13licensed by the board under this subchapter or holds a compact privilege.
AB410,28 14Section 28. 448.972 (1) of the statutes is amended to read:
AB410,10,2015 448.972 (1) Except as provided in subs. (2) and (3), no person may represent
16himself or herself as a “PA” or “physician assistant," use or assume the title “PA” or
17“physician assistant," or append to the person's name the words or letters “physician
18assistant," “PA," “PA-C,” or any other titles, letters, or designation that represents
19or may tend to represent the person as a physician assistant, unless he or she is
20licensed by the board under this subchapter or holds a compact privilege.
AB410,29 21Section 29. 448.973 (2) of the statutes is amended to read:
AB410,10,2522 448.973 (2) The board shall include in the register the board maintains under
23s. 440.035 (1m) (d) the names name of all persons each person whose licenses license
24or compact privilege
issued under this subchapter were was suspended or revoked
25within the past 2 years. The register shall be available for purchase at cost.
AB410,30
1Section 30. 448.974 (title) of the statutes is amended to read:
AB410,11,2 2448.974 (title) License; compact privilege; renewal.
AB410,31 3Section 31. 448.974 (1m) of the statutes is created to read:
AB410,11,54 448.974 (1m) The board shall grant a compact privilege to any applicant who
5satisfies all of the following:
AB410,11,86 (a) The applicant holds a qualifying license, as defined in s. 448.988 (2) (r), in
7another state that is a party to the compact and satisfies all other requirements
8under s. 448.988 (4).
AB410,11,109 (b) The individual applies for the compact privilege in the manner prescribed
10by the department.
AB410,11,1211 (c) The individual pays any fee established by the department under s.
12448.9885 (2).
AB410,32 13Section 32. 448.974 (2) of the statutes is renumbered 448.974 (2) (am) and
14amended to read:
AB410,11,1815 448.974 (2) (am) 1. The renewal date for a license issued under this subchapter
16is specified under s. 440.08 (2) (a), and the renewal fees for such licenses are
17determined by the department under s. 440.03 (9) (a). Renewal of a license is subject
18to par. (b) subd. 2.
AB410,11,2419 2. An applicant for the renewal of a license under this subchapter shall submit
20with his or her application for renewal proof of having satisfied the continuing
21education requirements imposed by the board under s. 448.973 (1) (b). This
22paragraph subdivision does not apply to an applicant for renewal of a license that
23expires on the first renewal date after the date on which the board initially granted
24the license.
AB410,33 25Section 33. 448.974 (2) (bm) of the statutes is created to read:
AB410,12,3
1448.974 (2) (bm) Renewal of a compact privilege shall be governed by s. 448.988
2(4) (b), except that the board may impose requirements for prescribing controlled
3substances in accordance with s. 448.988 (4) (d).
AB410,34 4Section 34. 448.978 (1) of the statutes is renumbered 448.978 (1r).
AB410,35 5Section 35. 448.978 (2) (intro.) of the statutes is amended to read:
AB410,12,96 448.978 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), if a
7person who applies for or holds a license or compact privilege issued under s. 448.974
8does any of the following, the board may reprimand the person or deny, limit,
9suspend, or revoke the person's license or compact privilege:
AB410,36 10Section 36. 448.978 (2) (a) of the statutes is amended to read:
AB410,12,1311 448.978 (2) (a) Makes a material misstatement in an application for a license
12or compact privilege or an application for renewal of a license or compact privilege
13under s. 448.974.
AB410,37 14Section 37. 448.978 (2) (d) (intro.) of the statutes is renumbered 448.978 (2)
15(d) and amended to read:
AB410,12,1616 448.978 (2) (d) Engages in unprofessional conduct.
AB410,12,17 17(1g) In this paragraph, “unprofessional section:
AB410,12,18 18(b) “Unprofessional conduct" does not include any of the following:
AB410,38 19Section 38. 448.978 (2) (d) 1. and 2. of the statutes are renumbered 448.978
20(1g) (b) 1. and 2.
AB410,39 21Section 39. 448.978 (2) (g) of the statutes is amended to read:
AB410,12,2322 448.978 (2) (g) Engages in fraud or deceit in obtaining or using his or her license
23or compact privilege.
AB410,40 24Section 40. Subchapter XIII of chapter 448 [precedes 448.988] of the statutes
25is created to read:
AB410,13,1
1chapter 448
AB410,13,22 Subchapter XIII
AB410,13,33 PA LICENSURE COMPACT
AB410,13,21 4448.988 PA licensure compact. (1) Purpose. In order to strengthen access
5to medical services, and in recognition of the advances in the delivery of medical
6services, the participating states of the PA licensure compact have allied in common
7purpose to develop a comprehensive process that complements the existing authority
8of state licensing boards to license and discipline PAs and seeks to enhance the
9portability of a license to practice as a PA while safeguarding the safety of patients.
10This compact allows medical services to be provided by PAs, via the mutual
11recognition of the licensee's qualifying license by other compact participating states.
12This compact also adopts the prevailing standard for PA licensure and affirms that
13the practice and delivery of medical services by the PA occurs where the patient is
14located at the time of the patient encounter, and therefore requires the PA to be under
15the jurisdiction of the state licensing board where the patient is located. State
16licensing boards that participate in this compact retain the jurisdiction to impose
17adverse action against a compact privilege in that state issued to a PA through the
18procedures of this compact. The PA licensure compact will alleviate burdens for
19military families by allowing active duty military personnel and their spouses to
20obtain a compact privilege based on having an unrestricted license in good standing
21from a participating state.
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