Finally, the bill requires DSPS to publish on its website a list of all health care
providers registered to provide telehealth services under the bill and include, to the
extent applicable, certain information including the registrant's name, the
registrant's health care occupation, a brief explanation of the registrant's training
and education, including completion dates and any certificates or degrees obtained,
the registrant's out-of-state health care license, permit, certificate, or other
approval, including any identification number associated with the registrant's
license, permit, certificate, or other approval, the registrant's specialty, a 5-year
disciplinary history of the registrant, the registrant's medical malpractice insurance
provider and any policy limits under the registrant's medical malpractice insurance
coverage, and the name and address of the registrant's agent designated for service
of process in this state.
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:
SB823,1
1Section 1. 440.18 of the statutes is created to read:
SB823,3,8 2440.18 Registration of out-of-state telehealth providers. (1) An
3individual who possesses a license, permit, registration, or other approval as a health
4care provider in another state may provide health care services by telehealth to
5patients located in this state if the health care provider registers with the
6department or any credentialing board, as applicable to the health care provider's
7practice, and provides health care services within the scope of practice established
8under the laws and rules of this state that apply to the health care provider's practice.
SB823,3,11 9(2) The department or any credentialing board, as applicable, shall register a
10health care provider who does not possess a credential in this state as a telehealth
11provider under this section if the health care provider satisfies all of the following:
SB823,3,1312 (a) The health care provider submits an application on a form prescribed by the
13department and pays the applicable fee under s. 440.05 (2).
SB823,3,2014 (b) The health care provider possesses a license, permit, certificate, or other
15approval issued by a governmental authority in another state, the District of
16Columbia, or a possession or territory of the United States that is active and
17unencumbered and that entitles the health care provider to perform health care
18services that are substantially similar to health care services that may be performed
19by a health care provider who possesses a credential issued by the department or a
20credentialing board in this state.
SB823,3,2521 (c) The health care provider has not been subject to any disciplinary action
22relating to his or her license, permit, certificate, or other approval during the 5-year
23period immediately preceding submission of the health care provider's application
24under par. (a) that has resulted in his or her license, permit, certificate, or other
25approval being limited, suspended, or revoked.
SB823,4,2
1(d) The health care provider designates an agent upon whom service of process
2may be made in this state on a form prescribed by the department.
SB823,4,53 (e) The health care provider demonstrates to the department or any
4credentialing board, as applicable, that the health care provider is in compliance
5with sub. (5).
SB823,4,7 6(3) A health care provider registered to provide telehealth services in this state
7under sub. (2) shall be issued a unique telehealth provider identification number.
SB823,4,14 8(4) A health care provider registered to provide telehealth services under this
9section shall notify the department or credentialing board, as applicable, of
10restrictions placed on his or her license, permit, certificate, or other approval in any
11state or jurisdiction and of any disciplinary action taken or pending against him or
12her in any state or jurisdiction. Notification under this subsection shall be provided
13within 5 business days after the restriction is placed or disciplinary action is initiated
14or taken.
SB823,4,25 15(5) If a health care provider registered under this section possesses a license,
16permit, certificate, or other approval issued by a governmental authority in another
17state, the District of Columbia, or a possession or territory of the United States that
18entitles the health care provider to perform health care services that are
19substantially similar to health care services that may be performed by a health care
20provider who possesses a credential issued by the department or a credentialing
21board in this state and who is required under law to maintain and have in effect
22malpractice liability insurance, the health care provider registered under this
23section shall maintain and have in effect malpractice liability insurance coverage
24that covers services provided to patients in this state evidenced by one of the
25following:
SB823,5,1
1(a) Personal liability coverage in the amounts specified under s. 655.23 (4).
SB823,5,32 (b) Coverage under a group liability policy providing individual coverage for the
3health care provider in the amounts specified under s. 655.23 (4).
SB823,5,8 4(6) A health care provider registered to provide telehealth services under this
5section may not open an office in this state and may not provide in-person health care
6services to patients located in this state unless the health care provider obtains a
7credential in this state and provides in-person health care services only within the
8scope of that credential.
SB823,5,11 9(7) The department shall publish on its website a list of all health care
10providers registered to provide telehealth services under this section and include, to
11the extent applicable, all of the following:
SB823,5,1212 (a) The registrant's name.
SB823,5,1313 (b) The registrant's health care occupation.
SB823,5,1514 (c) A brief explanation of the registrant's training and education, including
15completion dates and any certificates or degrees obtained.
SB823,5,1816 (d) The registrant's out-of-state health care license, permit, certificate, or
17other approval, including any identification number associated with the registrant's
18license, permit, certificate, or other approval.
SB823,5,2019 (e) The registrant's telehealth provider identification number issued under
20sub. (3).
SB823,5,2121 (f) The registrant's specialty.
SB823,5,2322 (g) Whether the registrant is board certified and by which board the registrant
23is board certified.
SB823,5,2424 (h) A 5-year disciplinary history of the registrant.
SB823,6,2
1(i) The registrant's medical malpractice insurance provider and any policy
2limits under the registrant's medical malpractice insurance coverage.
SB823,6,43 (j) The name and address of the registrant's agent designated for service of
4process in this state under sub. (2) (d).
SB823,6,7 5(8) (a) The department or the applicable credentialing board may take
6disciplinary action against a health care provider registered to provide telehealth
7services under this section if any of the following applies to the registrant:
SB823,6,108 1. The registrant fails to notify the department or the applicable credentialing
9board of any adverse actions taken against his or her license, permit, certificate, or
10other approval as required under sub. (4).
SB823,6,1311 2. The registrant has restrictions placed on his or her license, permit,
12certificate, or other approval or disciplinary action has been commenced against the
13registrant in any state or jurisdiction.
SB823,6,1414 3. The registrant violates any of the requirements under this section.
SB823,6,1615 4. The registrant commits any act that constitutes grounds for disciplinary
16action applicable to the registrant's health care practice in this state.
SB823,6,2417 (b) Disciplinary action taken by the department or the applicable credentialing
18board against a health care provider registered to provide telehealth services under
19this section may include suspension or revocation of the registrant's registration
20under this section. A suspension of the registration of a health care provider
21registered to provide telehealth services under this section may be accompanied by
22a corrective action plan as determined by the department or the applicable
23credentialing board, the completion of which may lead to the suspended registration
24being reinstated.
SB823,7,2
1(9) This section does not apply to a health care provider who provides services
2through telehealth as provided in s. 440.094 (3).
SB823,7,7 3(10) (a) Registration to provide telehealth services in this state under this
4section expires on the renewal date specified in s. 440.08 (2) (a) that is applicable to
5the health care provider's practice. The department or credentialing board, as
6appropriate, shall inform a health care provider registered under this section of the
7applicable renewal date upon registration.
SB823,7,108 (b) The department or credentialing board, as appropriate, shall renew a
9registration under this section for an applicant who satisfies the requirements for
10registration under sub. (2).
SB823,7,13 11(11) The department may promulgate rules necessary to administer this
12section. Any credentialing board that regulates health care providers and to which
13this section applies may promulgate rules necessary to administer this section.
SB823,2 14Section 2. Effective date.
SB823,7,1615 (1) This act takes effect on the first day of the 7th month beginning after
16publication.
SB823,7,1717 (End)
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