2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 410
September 6, 2023 - Introduced by Representatives VANDERMEER, MAGNAFICI,
CONSIDINE, ARMSTRONG, BALDEH, CALLAHAN, DITTRICH, DOYLE, GOEBEN, GREEN,
GUNDRUM, JOERS, KITCHENS, MAXEY, O'CONNOR, PENTERMAN, RETTINGER,
SCHMIDT, SPIROS, STUBBS, SUMMERFIELD, TITTL, WICHGERS and PLUMER,
cosponsored by Senators STAFSHOLT, BALLWEG, CABRAL-GUEVARA, FELZKOWSKI,
HUTTON, MARKLEIN, QUINN, SPREITZER, TOMCZYK and LARSON. Referred to
Committee on Regulatory Licensing Reform.
1 AN ACT to renumber 252.14 (1) (ar) 14., 448.978 (1) and 448.978 (2) (d) 1. and
2 2.; to renumber and amend 440.03 (13) (c), 448.015 (4) (am) 2m., 448.974 (2)
3 and 448.978 (2) (d) (intro.); to amend 49.45 (9r) (a) 7. e., 97.67 (5m) (a) 3.,
4 118.2925 (1) (f), 146.81 (1) (eu), 146.997 (1) (d) 4., 154.01 (3) (b), 155.01 (1g) (c),
5 155.01 (7), 440.03 (9) (a) (intro.), 440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.094
6 (1) (c) 4., 440.15, 448.971 (2), 448.972 (1), 448.973 (2), 448.974 (title), 448.978
7 (2) (intro.), 448.978 (2) (a), 448.978 (2) (g), 450.10 (3) (a) 5., 462.02 (2) (e), 462.04,
8 895.48 (1m) (a) (intro.), 971.14 (4) (a) and 990.01 (27s); to repeal and recreate
9 16.417 (1) (e) 3m. and 252.15 (1) (am); and to create 14.835, 111.335 (4) (jm),
10 440.03 (11m) (c) 2c., 440.03 (13) (c) 1. i., 440.094 (1) (c) 9m., 448.971 (1L),
11 448.971 (1m), 448.974 (1m), 448.974 (2) (bm) and subchapter XIII of chapter
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ASSEMBLY BILL 410
1 448 [precedes 448.988] of the statutes; relating to: ratification of the PA
2 Licensure Compact.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the PA Licensure Compact, which
provides for the ability of a physician assistant (PA) to become eligible to practice in
other compact states. Significant provisions of the compact include the following:
1. The creation of a PA Licensure Compact Commission, which includes one
member or administrator of the licensure boards of each member state. The
commission has various powers and duties granted in the compact, including
establishing bylaws, promulgating binding rules for the compact, appointing officers
and hiring employees, and establishing and electing an executive committee. The
commission may levy on and collect an annual assessment from each member state
or impose fees on licensees who receive compact privileges to cover the cost of the
operations and activities of the commission and its staff.
2. The ability for a PA to obtain a “compact privilege,” which allows a PA who
satisfies certain criteria to practice as a PA to provide medical services and other
licensed activity to a patient located in another member state (remote state) under
the remote state's laws and regulations. The compact specifies a number of
requirements in order for a PA to exercise a compact privilege, including holding a
PA license in a member state, not having a felony or misdemeanor conviction, having
had no revocation of a license or limitation or restriction on any license currently held
due to an adverse action, and paying any fees and meeting any jurisprudence
requirements that may be imposed by a remote state, though the bill does not impose
any jurisprudence requirement. A remote state may, in accordance with that state's
laws, take adverse action against a PA's compact privilege in the remote state and
take any other necessary actions to protect the health and safety of its citizens. If
the state in which a PA is licensed (home state) takes adverse action against a PA's
license, the PA loses the compact privilege in all remote states until certain criteria
are satisfied. A member state may not impose discipline against a PA's compact
privilege or deny an application for a compact privilege in that member state for the
individual's otherwise lawful practice in another state.
3. The ability of member states to issue subpoenas that are enforceable in other
states provided, however, that subpoenas may not be issued by a member state to
gather evidence of conduct in another state that is lawful in that other state for the
purpose of taking adverse action against a compact privilege or application for a
compact privilege in that member state.
4. The creation of a coordinated data and reporting system containing
licensure, adverse action, and the reporting of the existence of significant
investigative information on PAs and applicants denied a PA license. The compact
requires all adverse actions to be reported to the administrator of the data system.
A member state must submit a uniform data set to the data system on all individuals
to whom the compact is applicable as required by the rules of the commission.
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ASSEMBLY BILL 410
5. Provisions regarding resolutions of disputes among member states and
between member and nonmember states, including a process for termination of a
state's membership in the compact if the state defaults on its obligations under the
compact.
The compact becomes effective upon enactment by seven states. The compact
provides that it may be amended upon enactment of an amendment by all member
states. A state may withdraw from the compact by repealing the statute authorizing
the compact, but the compact provides that a withdrawal does not take effect until
180 days after the enactment of that repeal.
For further information see the state and local 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:
1 SECTION 1. 14.835 of the statutes is created to read:
2 14.835 PA licensure compact. There is created a PA licensure compact
3 commission as specified in s. 448.988. The delegate on the commission representing
4 this state shall be appointed by the physician assistant affiliated credentialing board
5 as provided in s. 448.988 (7) (b) 1. and shall be an individual described in s. 448.988
6 (7) (b) 2. a. or b. The commission has the powers and duties granted and imposed
7 under s. 448.988.
8 SECTION 2. 16.417 (1) (e) 3m. of the statutes is repealed and recreated to read:
9 16.417 (1) (e) 3m. A physician assistant who is licensed under subch. IX of ch.
10 448 or who holds a compact privilege under subch. XIII of ch. 448.
11 SECTION 3. 49.45 (9r) (a) 7. e. of the statutes is amended to read:
12 49.45 (9r) (a) 7. e. A physician assistant who is licensed under subch. IX of ch.
13 448 or who holds a compact privilege under subch. XIII of ch. 448.
14 SECTION 4. 97.67 (5m) (a) 3. of the statutes is amended to read:
15 97.67 (5m) (a) 3. A physician assistant who is licensed under subch. IX of ch.
16 448 or who holds a compact privilege under subch. XIII of ch. 448.
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ASSEMBLY BILL 410 SECTION 5
1 SECTION 5. 111.335 (4) (jm) of the statutes is created to read:
2 111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment
3 discrimination because of conviction record for the physician assistant affiliated
4 credentialing board to refuse to grant to an individual a compact privilege, as defined
5 in s. 448.988 (2) (b), in accordance with s. 448.988 (4) (a) 3.
6 SECTION 6. 118.2925 (1) (f) of the statutes is amended to read:
7 118.2925 (1) (f) “Physician assistant" means a person who is licensed under s.
8 448.974 subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of
9 ch. 448.
10 SECTION 7. 146.81 (1) (eu) of the statutes is amended to read:
11 146.81 (1) (eu) A physician assistant who is licensed under subch. IX of ch. 448
12 or who holds a compact privilege under subch. XIII of ch. 448.
13 SECTION 8. 146.997 (1) (d) 4. of the statutes, as affected by 2021 Wisconsin Act
14 251, is amended to read:
15 146.997 (1) (d) 4. A physician, physician assistant, podiatrist, perfusionist,
16 physical therapist, physical therapist assistant, occupational therapist,
17 occupational therapy assistant, or genetic counselor licensed under ch. 448; a
18 physical therapist or physical therapist assistant who holds a compact privilege
19 under subch. XI of ch. 448; or an occupational therapist or occupational therapy
20 assistant who holds a compact privilege under subch. XII of ch. 448; or a physician
21 assistant who holds a compact privilege under subch. XIII of ch. 448;.
22 SECTION 9. 154.01 (3) (b) of the statutes is amended to read:
23 154.01 (3) (b) A physician assistant licensed under ch. 448.
24 SECTION 10. 155.01 (1g) (c) of the statutes is amended to read:
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ASSEMBLY BILL 410 SECTION 10
1 155.01 (1g) (c) A physician assistant licensed under ch. 448 who a physician
2 responsible for overseeing the physician assistant's practice affirms is competent to
3 conduct evaluations of the capacity of patients to manage health care decisions.
4 SECTION 11. 155.01 (7) of the statutes, as affected by 2021 Wisconsin Act 251,
5 is amended to read:
6 155.01 (7) “Health care provider" means a nurse licensed or permitted under
7 ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
8 physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
9 therapist assistant, occupational therapist, occupational therapy assistant, or
10 genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch.
11 466, a person practicing Christian Science treatment, an optometrist licensed under
12 ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary
13 authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
14 practicing under the authority to practice interjurisdictional telepsychology, as
15 defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who
16 holds a compact privilege under subch. XI of ch. 448, an occupational therapist or
17 occupational therapy assistant who holds a compact privilege under subch. XII of ch.
18 448, a physician assistant who holds a compact privilege under subch. XIII of ch. 448,
19 a partnership thereof, a corporation or limited liability company thereof that
20 provides health care services, a cooperative health care association organized under
21 s. 185.981 that directly provides services through salaried employees in its own
22 facility, or a home health agency, as defined in s. 50.49 (1) (a).
23 SECTION 12. 252.14 (1) (ar) 14. of the statutes is renumbered 252.14 (1) (ar)
24 4rm.
25 SECTION 13. 252.15 (1) (am) of the statutes is repealed and recreated to read:
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ASSEMBLY BILL 410 SECTION 13
1 252.15 (1) (am) “Health care professional" means a physician, physician
2 assistant, or nurse.
3 SECTION 14. 440.03 (9) (a) (intro.) of the statutes is amended to read:
4 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
5 the department shall, biennially, determine each fee for an initial credential for
6 which no examination is required, for a reciprocal credential, and for a credential
7 renewal and any fees imposed under ss. 448.986 (2) and, 448.9875 (2), and 448.9885
8 (2) by doing all of the following:
9 SECTION 15. 440.03 (9) (a) 2. of the statutes is amended to read:
10 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
11 adjusting for the succeeding fiscal biennium each fee for an initial credential for
12 which an examination is not required, for a reciprocal credential, and, subject to s.
13 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
14 and, 448.9875 (2), and 448.9885 (2), if an adjustment is necessary to reflect the
15 approximate administrative and enforcement costs of the department that are
16 attributable to the regulation of the particular occupation or business during the
17 period in which the initial or reciprocal credential, credential renewal, or compact
18 privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
19 an estimate of any additional moneys available for the department's general
20 program operations as a result of appropriation transfers that have been or are
21 estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
22 at the time of the deadline for an adjustment under this subdivision or during the
23 fiscal biennium beginning on the July 1 immediately following the deadline for an
24 adjustment under this subdivision.
25 SECTION 16. 440.03 (11m) (c) 2c. of the statutes is created to read:
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ASSEMBLY BILL 410 SECTION 16
1 440.03 (11m) (c) 2c. The coordinated data and reporting system under s.
2 448.988 (8), if such disclosure is required under the PA licensure compact under s.
3 448.988.
4 SECTION 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:
5 440.03 (13) (b) (intro.) The department may investigate whether an applicant
6 for or holder of any of the following credentials has been charged with or convicted
7 of a crime only pursuant to rules promulgated by the department under this
8 paragraph, including rules that establish the criteria that the department will use
9 to determine whether an investigation under this paragraph is necessary, except as
10 provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
11 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., and 455.50 (3) (e) 4. and (f) 4.:
12 SECTION 18. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
13 (intro.) and amended to read:
14 440.03 (13) (c) 1. (intro.) The department shall require an all of the following
15 to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
16 set of the person's fingerprints:
17 a. An applicant for a private detective license or a private security permit under
18 s. 440.26, an.
19 b. An applicant for a juvenile martial arts instructor permit under sub. (17),
20 an.
21 c. An applicant for a real estate appraiser certification under s. 458.06 or
22 license under s. 458.08, an.
23 d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
24 e. An applicant for a compact license under s. 448.05 (2) (f), an.
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ASSEMBLY BILL 410 SECTION 18
1 f. An applicant for a physical therapist license under s. 448.53 or physical
2 therapist assistant license under s. 448.535, an.
3 g. An applicant for an occupational therapist or occupational therapy assistant
4 compact privilege under s. 448.987 (4), and an applicant for an occupational
5 therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
6 a., an
7 h. An applicant for a psychologist license under s. 455.04, and a.
8 z. A person for whom the department conducts an investigation under par. (b),
9 to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
10 set of the person's fingerprints.
11 2. The department of justice may submit the fingerprint cards, and the
12 department of justice shall submit the fingerprint cards of all applicants for a real
13 estate appraiser certification under s. 458.06 or license under s. 458.08, of all
14 applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
15 for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
16 license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
17 of all applicants for a psychologist license under s. 455.04 identified in subd. 1. c. to
18 i., to the federal bureau of investigation for the purpose of verifying the identity of
19 the persons fingerprinted and obtaining records of their criminal arrests and
20 convictions.
21 3. Information obtained from the federal bureau of investigation may be shared
22 with the department or the appropriate credentialing board, but shall otherw