SB194: Bill Text

LRB-2561/1

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2023 - 2024 LEGISLATURE

2023 Senate BILL 194

April 3, 2023 - Introduced by Joint Legislative Council. Referred to Committee on Licensing, Constitution and Federalism.

SB194,1,4 An Act to repeal 440.094 (1) (b); to amend 440.08 (2) (a) (intro.), 440.094 (title), (1) (c) (intro.), 3., 4. and 5. and (2) and 440.094 (3); and to create 440.094 (1) (c) 9g., 9m., 17. and 19., (d), (e) and (f) and 440.094 (4) of the statutes; relating to: practice of certain professions by credential holders from other states.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

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:

Joint Legislative Council prefatory note: This draft was prepared for the Joint Legislative Council's Study Committee on Occupational Licenses.

Current law, enacted in 2021 Wisconsin Act 10, requires the Department of Safety and Professional Services (DSPS) to grant a temporary state credential to a health care provider who is credentialed in good standing in another state, pending an application for a permanent credential. The provider must apply for the temporary credential within 30 days of first providing services in Wisconsin and attest that the person is in good standing under the out-of-state credential and has applied for a permanent credential. The health care provider's employer must notify DSPS within 10 days of the person first providing services in Wisconsin and attest that the provider's credential and good standing have been confirmed to a reasonable degree of certainty. An employer's notification and attestation are not required if the person is only providing telehealth services.

To be in good standing under a credential from another state, the provider must hold a valid, unexpired credential and must not be under investigation or have any active restrictions or limitations on the person's credential. While practicing in Wisconsin under the temporary credential, a health care provider is subject to all responsibilities and limitations in the applicable practice.

The bill expands this process from health care providers to also include persons classified in the business professions with credentials in good standing in another state or territory. The bill revises the terminology for all health care and business profession applicants from a “temporary” credential to a “preliminary” credential. If an individual with a valid, unexpired credential from another state or territory applies for a preliminary credential under the process described above, the individual may provide health care or business services for an employer, under the preliminary credential, while an application for a permanent credential is pending. While providing services under the preliminary credential, the person is subject to all responsibilities and limitations of the applicable state-issued credential.

The bill adds a definition for the term “remote credential,” to mean a credential from another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that an individual who holds a state-issued credential is authorized or qualified to perform. The bill also adds the following health care professions that may apply for a preliminary credential, who are not included in current law: dental hygienists, expanded function dental auxiliaries, genetic counselors, radiographers, and naturopathic doctors.

Under both current law and the bill, the preliminary credential takes effect on the date that the individual begins providing services in this state. The preliminary credential expires on the date that the application for the permanent credential is granted or denied.

The bill does not apply to credentials for trades occupations, transportation network companies, peddlers, unarmed combat sports, and body art and tanning facilities or to credentials issued by other agencies.

SB194,1 Section 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB194,2,5 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094 (2) (c) 2., 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows:

SB194,2 Section 2. 440.094 (title), (1) (c) (intro.), 3., 4. and 5. and (2) of the statutes are amended to read:

SB194,2,9 440.094 (title) Practice by health care providers credential holders from other states.

SB194,3,4 (1) (c) (intro.) “Health care provider” means an individual who holds a valid, unexpired remote credential granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:

SB194,3,6 3. A dentist, dental hygienist, or expanded function dental auxiliary licensed or certified under ch. 447.

SB194,3,8 4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

SB194,3,10 5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.

SB194,3,20 (2) Practice by health care providers credential holders from other states. (a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider chs. 440 to 480, an individual who holds a valid, unexpired remote credential may provide for an employer services that are within the scope of the remote credential that the health care provider individual holds, and the department shall grant the health care provider individual a temporary preliminary credential to practice under this section, if all of the following apply:

SB194,3,24 1. The health care provider individual applies to the department for a temporary preliminary credential under this section within 30 days of beginning to provide health care services for a health care an employer. The health care provider individual shall include in the application an attestation of all of the following:

SB194,4,2 a. The date on which the health care provider individual first provided health care services in this state under this section.

SB194,4,4 b. That the health care provider individual holds a valid, unexpired remote credential granted in another state.

SB194,4,8 c. The health care provider individual is not currently under investigation and no restrictions or limitations are currently placed on the health care provider's individual's remote credential by the credentialing state that issued the remote credential or by any other jurisdiction.

SB194,4,15 d. The health care provider individual has applied for a permanent, state-issued credential granted by the department or an examining a credentialing board, as applicable, under chs. 440 to 480 that corresponds to his or her remote credential. This subd. 1. d. does not apply to a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends.

SB194,4,20 2. If the health care provider individual provides services other than services provided through telehealth as described in sub. (3), the health care individual's employer of the health care provider attests to all of the following to the department within 10 days of the date on which the health care provider individual begins providing health care services in this state under this section:

SB194,4,22 a. The health care employer has confirmed that the health care provider individual holds a valid, unexpired remote credential granted by another state.

SB194,5,2 b. To the best of the health care employer's knowledge and with a reasonable degree of certainty, the health care provider individual is not currently under investigation and no restrictions or limitations are currently placed on the health care provider's individual's remote credential by the credentialing state or any other jurisdiction.

SB194,5,8 (b) A health care provider An individual who practices within the scope of a temporary preliminary credential granted under this section has all rights and is subject to all responsibilities, malpractice insurance requirements, limitations on scope of practice, and other provisions that apply under chs. 440 to 480 to the practice of the health care provider under the state-issued credential described in par. (a) 1. d.

SB194,5,12 (c) 1. A temporary preliminary credential granted under this section becomes effective on the date identified in the attestation under par. (a) 1. a. that the health care provider individual first provided health care services in this state under this section.

SB194,5,17 2. a. Except as provided in subd. 2. b., a temporary preliminary credential granted under this section expires on the date that the department, or an examining a credentialing board in the department, as applicable, grants or denies the application under par. (a) 1. d. for a permanent state-issued credential submitted by the health care provider individual.

SB194,5,23 b. If a the individual is a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends, a temporary preliminary credential granted under this section to the health care provider individual expires 30 days after the national emergency ends.

SB194,3 Section 3. 440.094 (1) (b) of the statutes is repealed.

SB194,4 Section 4. 440.094 (1) (c) 9g., 9m., 17. and 19., (d), (e) and (f) of the statutes are created to read:

SB194,6,3 440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.

SB194,6,4 9m. A physician assistant licensed under subch. IX of ch. 448.

SB194,6,5 17. A radiographer licensed under ch. 462.

SB194,6,6 19. A naturopathic doctor licensed under ch. 466.

SB194,6,10 (d) “Remote credential” means a license, permit, certificate, or registration granted to an individual by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that an individual who holds a state-issued credential is authorized or qualified to perform.

SB194,6,12 (e) “Services” means actions that are within the scope of practice that is defined for a state-issued credential.

SB194,6,13 (f) “State-issued credential” means a credential, as defined in s. 440.01 (2) (a).

SB194,5 Section 5. 440.094 (3) of the statutes is amended to read:

SB194,6,17 440.094 (3) Telehealth. A health care provider who practices within the scope of a temporary preliminary credential granted under this section may provide services through telehealth to a patient located in this state.