2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 205
April 20, 2023 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to Committee
on Regulatory Licensing Reform.
1 AN ACT to repeal 440.094 (1) (b); to amend 440.08 (2) (a) (intro.), 440.094 (title),
2 (1) (c) (intro.), 3., 4. and 5. and (2) and 440.094 (3); and to create 440.094 (1)
3 (c) 9g., 9m., 17. and 19., (d), (e) and (f) and 440.094 (4) of the statutes; relating
4 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
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ASSEMBLY BILL 205
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.
1 SECTION 1. 440.08 (2) (a) (intro.) of the statutes is amended to read:
2 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.094 (2) (c) 2.,
3 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18
4 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal
5 dates for credentials are as follows:
6 SECTION 2. 440.094 (title), (1) (c) (intro.), 3., 4. and 5. and (2) of the statutes are
7 amended to read:
8 440.094 (title) Practice by health care providers credential holders
9 from other states.
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ASSEMBLY BILL 205 SECTION 2
1 (1) (c) (intro.) “Health care provider” means an individual who holds a valid,
2 unexpired remote credential granted by another state or territory that authorizes or
3 qualifies the individual to perform acts that are substantially the same as the acts
4 that any of the following are licensed or certified to perform:
5 3. A dentist, dental hygienist, or expanded function dental auxiliary licensed
6 or certified under ch. 447.
7 4. A physician, physician assistant, perfusionist, or respiratory care
8 practitioner licensed or certified under subch. II of ch. 448.
9 5. A physical therapist or physical therapist assistant licensed under subch. III
10 of ch. 448 or who holds a compact privilege under subch. IX XI of ch. 448.
11 (2) PRACTICE BY HEALTH CARE PROVIDERS CREDENTIAL HOLDERS FROM OTHER STATES.
12 (a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2),
13 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2),
14 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1),
15 459.24 (1), and 460.02, a health care provider chs. 440 to 480, an individual who holds
16 a valid, unexpired remote credential may provide for an employer services that are
17 within the scope of the remote credential that the health care provider individual
18 holds, and the department shall grant the health care provider individual a
19 temporary preliminary credential to practice under this section, if all of the following
20 apply:
21 1. The health care provider individual applies to the department for a
22 temporary preliminary credential under this section within 30 days of beginning to
23 provide health care services for a health care an employer. The health care provider
24 individual shall include in the application an attestation of all of the following:
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ASSEMBLY BILL 205 SECTION 2
1 a. The date on which the health care provider individual first provided health
2 care services in this state under this section.
3 b. That the health care provider individual holds a valid, unexpired remote
4 credential granted in another state.
5 c. The health care provider individual is not currently under investigation and
6 no restrictions or limitations are currently placed on the health care provider's
7 individual's remote credential by the credentialing state that issued the remote
8 credential or by any other jurisdiction.
9 d. The health care provider individual has applied for a permanent,
10 state-issued credential granted by the department or an examining a credentialing
11 board, as applicable, under chs. 440 to 480 that corresponds to his or her remote
12 credential. This subd. 1. d. does not apply to a health care provider who provides
13 health care services only during the period covered by a national emergency declared
14 by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus
15 or during the 30 days immediately after the national emergency ends.
16 2. If the health care provider individual provides services other than services
17 provided through telehealth as described in sub. (3), the health care individual's
18 employer of the health care provider attests to all of the following to the department
19 within 10 days of the date on which the health care provider individual begins
20 providing health care services in this state under this section:
21 a. The health care employer has confirmed that the health care provider
22 individual holds a valid, unexpired remote credential granted by another state.
23 b. To the best of the health care employer's knowledge and with a reasonable
24 degree of certainty, the health care provider individual is not currently under
25 investigation and no restrictions or limitations are currently placed on the health
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ASSEMBLY BILL 205 SECTION 2
1 care provider's individual's remote credential by the credentialing state or any other
2 jurisdiction.
3 (b) A health care provider An individual who practices within the scope of a
4 temporary preliminary credential granted under this section has all rights and is
5 subject to all responsibilities, malpractice insurance requirements, limitations on
6 scope of practice, and other provisions that apply under chs. 440 to 480 to the practice
7 of the health care provider under the state-issued credential described in par. (a) 1.
8 d.
9 (c) 1. A temporary preliminary credential granted under this section becomes
10 effective on the date identified in the attestation under par. (a) 1. a. that the health
11 care provider individual first provided health care services in this state under this
12 section.
13 2. a. Except as provided in subd. 2. b., a temporary preliminary credential
14 granted under this section expires on the date that the department, or an examining
15 a credentialing board in the department, as applicable, grants or denies the
16 application under par. (a) 1. d. for a permanent state-issued credential submitted by
17 the health care provider individual.
18 b. If a the individual is a health care provider who provides health care services
19 only during the period covered by a national emergency declared by the U.S.
20 president under 50 USC 1621 in response to the 2019 novel coronavirus or during
21 the 30 days immediately after the national emergency ends, a temporary
22 preliminary credential granted under this section to the health care provider
23 individual expires 30 days after the national emergency ends.
24 SECTION 3. 440.094 (1) (b) of the statutes is repealed.
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ASSEMBLY BILL 205 SECTION 4
1 SECTION 4. 440.094 (1) (c) 9g., 9m., 17. and 19., (d), (e) and (f) of the statutes
2 are created to read:
3 440.094 (1) (c) 9g. A genetic counselor licensed under subch. VIII of ch. 448.
4 9m. A physician assistant licensed under subch. IX of ch. 448.
5 17. A radiographer licensed under ch. 462.
6 19. A naturopathic doctor licensed under ch. 466.
7 (d) “Remote credential” means a license, permit, certificate, or registration
8 granted to an individual by another state or territory that authorizes or qualifies the
9 individual to perform acts that are substantially the same as the acts that an
10 individual who holds a state-issued credential is authorized or qualified to perform.
11 (e) “Services” means actions that are within the scope of practice that is defined
12 for a state-issued credential.
13 (f) “State-issued credential” means a credential, as defined in s. 440.01 (2) (a).
14 SECTION 5. 440.094 (3) of the statutes is amended to read:
15 440.094 (3) TELEHEALTH. A health care provider who practices within the scope
16 of a temporary preliminary credential granted under this section may provide
17 services through telehealth to a patient located in this state.
18 SECTION 6. 440.094 (4) of the statutes is created to read:
19 440.094 (4) NONAPPLICABILITY. This section does not apply with respect to
20 credentials under subch. IV or V or ch. 444 or 463.
21 (END)


Statutes affected:
Bill Text: 440.08(2)(a)(intro.), 440.08, 440.094(1)(b), 440.094, 440.094(3)