440.09(5)(5) The department or credentialing board, as appropriate, may promulgate rules necessary to implement this section. 440.09 HistoryHistory: 2011 a. 210; 2019 a. 143. 440.094440.094 Practice by health care providers from other states. 440.094(1)(a)(a) “Credential” means a license, permit, certificate, or registration. 440.094(1)(b)(b) “Health care employer” means a system, care clinic, care provider, long-term care facility, or any entity whose employed, contracted, or affiliated staff provide health care service to individuals in this state. 440.094(1)(c)(c) “Health care provider” means an individual who holds a valid, unexpired 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: 440.094(1)(c)1.1. A registered nurse, licensed practical nurse, or nurse midwife licensed under ch. 441, or an advanced practice nurse prescriber certified under ch. 441. 440.094 NoteNOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
440.094(1)(c)14.14. A social worker, marriage and family therapist, or professional counselor certified or licensed under subch. I of ch. 457 or a clinical substance abuse counselor certified under s. 440.88. 440.094(2)(2) Practice by health care providers from other states. 440.094(2)(a)(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 may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply: 440.094 NoteNOTE: Section 448.03 (1) (b) was repealed by 2021 Wis. Act 23. Corrective legislation is pending. 440.094(2)(a)1.1. The health care provider applies to the department for a temporary credential under this section within 30 days of beginning to provide health care services for a health care employer. The health care provider shall include in the application an attestation of all of the following: 440.094(2)(a)1.a.a. The date on which the health care provider first provided health care services in this state under this section. 440.094(2)(a)1.b.b. That the health care provider holds a valid, unexpired credential granted in another state. 440.094(2)(a)1.c.c. The health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction. 440.094(2)(a)1.d.d. The health care provider has applied for a permanent credential granted by the department or an examining board, as applicable, under chs. 440 to 480. 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. 440.094(2)(a)2.2. If the health care provider provides services other than services provided through telehealth as described in sub. (3), the health care 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 begins providing health care services in this state under this section: 440.094(2)(a)2.a.a. The health care employer has confirmed that the health care provider holds a valid, unexpired credential granted by another state. 440.094(2)(a)2.b.b. To the best of the health care employer’s knowledge and with a reasonable degree of certainty, the health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction. 440.094(2)(b)(b) A health care provider who practices within the scope of a temporary 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. 440.094(2)(c)1.1. A temporary credential granted under this section becomes effective on the date identified in the attestation under par. (a) 1. a. that the health care provider first provided health care services in this state under this section. 440.094(2)(c)2.a.a. Except as provided in subd. 2. b., a temporary credential granted under this section expires on the date that the department, or an examining board in the department, as applicable, grants or denies the application under par. (a) 1. d. for a permanent credential submitted by the health care provider. 440.094(2)(c)2.b.b. If a health care provider 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 credential granted under this section to the health care provider expires 30 days after the national emergency ends. 440.094(3)(3) Telehealth. A health care provider who practices within the scope of a temporary credential granted under this section may provide services through telehealth to a patient located in this state. 440.094 HistoryHistory: 2021 a. 10; 2021 a. 240 s. 30; 2023 a. 55, 81, 87. 440.11440.11 Communications with department. 440.11(1)(1) An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department of his or her new name or address within 30 days of the change in writing or in accordance with other notification procedures approved by the department. 440.11(1m)(a)(a) An applicant for or recipient of a credential shall provide the department with a current electronic mail address at the time of application or renewal that may be used to receive electronic communications from the department. An applicant for or recipient of a credential who changes his or her electronic mail address or whose current electronic mail address becomes inactive shall notify the department of such change within 30 days of the change in writing or in accordance with other notification procedures approved by the department. 440.11(1m)(b)(b) Electronic communications under this subsection cannot be substituted for the service of any process, notice, or demand under sub. (2). 440.11(1m)(c)(c) Notwithstanding par. (a), an applicant for or recipient of a credential who does not have reasonable access to the Internet may maintain paper communication with the department. 440.11(2)(2) The department or any examining board, affiliated credentialing board or board in the department may serve any process, notice or demand on the holder of any credential by mailing it to the last-known address of the holder as indicated in the records of the department, examining board, affiliated credentialing board or board. 440.12440.12 Credential denial, nonrenewal and revocation based on tax or unemployment insurance contribution delinquency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if any of the following applies: 440.12(1)(1) The department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes. 440.12(2)(2) The department of workforce development certifies under s. 108.227 that the applicant or credential holder is liable for delinquent unemployment insurance contributions. 440.12 HistoryHistory: 1997 a. 237; 2013 a. 36. 440.12 Cross-referenceCross-reference: See also ch. SPS 9, Wis. adm. code. 440.121440.121 Credential denial, nonrenewal, and revocation based on incompetency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential issued to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for a credential under chs. 440 to 480. 440.121 HistoryHistory: 2005 a. 387. 440.13440.13 Delinquency in support payments; failure to comply with subpoena or warrant. 440.13(1)(b)(b) “Memorandum of understanding” means a memorandum of understanding entered into by the department of safety and professional services and the department of children and families under s. 49.857. 440.13(2)(2) Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding: 440.13(2)(a)(a) With respect to a credential granted by the department, the department shall restrict, limit, or suspend a credential or deny an application for an initial credential if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings. 440.13(2)(b)(b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings. 440.13(2)(c)(c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit, or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department. 440.14440.14 Nondisclosure of certain personal information. 440.14(1)(a)(a) “List” means information compiled or maintained by the department or a credentialing board that contains the personal identifiers of 10 or more individuals. 440.14(1)(b)(b) “Personal identifier” means a social security number, telephone number, street name and number, electronic mail address, or post-office box number. 440.14(2)(2) If a form that the department or a credentialing board requires an individual to complete in order to apply for a credential or credential renewal or to obtain a product or service from the department or the credentialing board requires the individual to provide any of the individual’s personal identifiers, the form shall include a place for the individual to declare that the individual’s personal identifiers obtained by the department or the credentialing board from the information on the form may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5). 440.14(3)(3) If the department or a credentialing board requires an individual to provide, by telephone or other electronic means, any of the individual’s personal identifiers in order to apply for a credential or credential renewal or to obtain a product or service from the department or a credentialing board, the department or the credentialing board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual’s personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5). 440.14(4)(4) The department or a credentialing board shall provide to an individual upon request a form that includes a place for the individual to declare that the individual’s personal identifiers obtained by the department or credentialing board may not be disclosed on any list that the department or credentialing board furnishes to another person. 440.14(5)(a)(a) The department or a credentialing board may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4). 440.14(5)(b)(b) Paragraph (a) does not apply to a list that the department or a credentialing board furnishes to another state agency, a law enforcement agency or a federal governmental agency. In addition, par. (a) does not apply to a list that the department or the board of nursing furnishes to the coordinated licensure information system under s. 441.51 (6). A state agency that receives a list from the department or a credentialing board containing a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency or a federal governmental agency. 440.15440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing. 440.17440.17 Telehealth. If the department, an examining board, or an affiliated credentialing board promulgates rules related to telehealth, the department, the examining board, or the affiliated credentialing board shall define “telehealth” to have the meaning given in s. 440.01 (1) (hm). 440.17 HistoryHistory: 2021 a. 121. 440.19440.19 Voluntary surrender of license, permit, or certificate. A person who holds a credential may voluntarily surrender that credential. The department, examining board, affiliated credentialing board, or board of the department that issued the credential may refuse to accept that surrender if a complaint has been filed or disciplinary proceeding has been commenced against the person under s. 440.20. 440.19 HistoryHistory: 2011 a. 146; 2017 a. 331. 440.20440.20 Disciplinary proceedings. 440.20(1)(1) Any person may file a complaint before the department or any examining board, affiliated credentialing board or board in the department and request the department, examining board, affiliated credentialing board or board to commence disciplinary proceedings against any holder of a credential. 440.20(3)(3) The burden of proof in disciplinary proceedings before the department or any examining board, affiliated credentialing board or board in the department is a preponderance of the evidence.
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