2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 541
October 18, 2023 - Introduced by Representatives GUSTAFSON, DITTRICH, KITCHENS,
MAGNAFICI, MURPHY, MURSAU, O'CONNOR, ROZAR, SCHMIDT and WICHGERS,
cosponsored by Senators CABRAL-GUEVARA, BALLWEG, BRADLEY, FEYEN and
MARKLEIN. Referred to Committee on Health, Aging and Long-Term Care.
1 AN ACT to create 440.18 of the statutes; relating to: provision of telehealth
2 services by out-of-state health care providers.
Analysis by the Legislative Reference Bureau
This bill provides that no mental health care provider may be required to be
licensed, registered, certified, or otherwise approved to practice in this state to
provide mental health services by telehealth to patients located in this state if the
mental health care provider satisfies certain conditions, including: 1) the mental
health care provider is licensed, registered, certified, or otherwise approved to
practice in the state that the provider is physically present in when providing
telehealth services; 2) the mental health care provider may provide telehealth
services in this state within the scope of his or her license, registration, certification,
or approval from the state from which the mental health care provider is providing
telehealth services; and 3) the mental health care provider informs the patient
whether the provider is licensed in this state, what state he or she is providing
telehealth services from, what states in which he or she is licensed, registered,
certified, or otherwise approved to practice, and which regulatory boards the patient
may contact to file a complaint. Under the bill, “mental health care provider” means
a physician, physician assistant, psychologist, registered professional nurse,
counselor, therapist, or social worker who, by education, training, and experience, is
qualified to provide mental health services to patients. Under current law,
“telehealth” means a practice of health care delivery, diagnosis, consultation,
treatment, or transfer of medically relevant data by means of audio, video, or data
communications that are used either during a patient visit or a consultation or are
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ASSEMBLY BILL 541
used to transfer medically relevant data about a patient, and includes asynchronous
telehealth services, interactive telehealth, and remote patient monitoring.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 440.18 of the statutes is created to read:
2 440.18 Telehealth by out-of-state mental health care providers. (1) In
3 this section, “mental health care provider” means a physician, physician assistant,
4 psychologist, registered professional nurse, counselor, therapist, or social worker
5 who, by education, training, and experience, is qualified to provide mental health
6 services to patients.
7 (2) Notwithstanding chs. 440 to 480, no mental health care provider may be
8 required to be licensed, registered, certified, or otherwise approved to practice in this
9 state to provide mental health services by telehealth to patients located in this state
10 if the mental health care provider satisfies all of the following:
11 (a) The mental health care provider is licensed, registered, certified, or
12 otherwise approved to practice in the state that the provider is physically present in
13 when providing telehealth services.
14 (b) The mental health care provider may provide telehealth services in this
15 state within the scope of his or her license, registration, certification, or approval
16 from the state from which the mental health care provider is providing telehealth
17 services.
18 (c) The mental health care provider's license, registration, certification, or
19 approval from the state from which the mental health care provider is providing
20 telehealth services is not limited and the mental health care provider is not currently
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ASSEMBLY BILL 541 SECTION 1
1 under investigation for any allegations of unprofessional conduct in the state from
2 which the mental health care provider is providing telehealth services.
3 (d) The mental health care provider provides services within the scope of his
4 or her license, registration, certification, or approval from the state from which the
5 mental health care provider is providing telehealth services, consistent with any
6 regulations applicable to the provision of telehealth services in that state.
7 (e) The mental health care provider informs the patient whether the provider
8 is licensed in this state, what state he or she is providing telehealth services from,
9 what states in which he or she is licensed, registered, certified, or otherwise approved
10 to practice, and which regulatory boards the patient may contact to file a complaint.
11 (3) This section does not apply to any individual who holds a compact license
12 under s. 448.980.
13 (END)