2021 - 2022 LEGISLATURE
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2021 ASSEMBLY BILL 410
June 25, 2021 - Introduced by Representatives VANDERMEER, MOSES,
CABRAL-GUEVARA, BILLINGS, BRANDTJEN, DALLMAN, DOYLE, KNODL, MURSAU,
NOVAK, OLDENBURG, PRONSCHINSKE, ROZAR, SPIROS, SUBECK, TAUCHEN,
THIESFELDT, WICHGERS, SHELTON and TUSLER, cosponsored by Senators
BALLWEG, COWLES, FELZKOWSKI, MARKLEIN, NASS, L. TAYLOR and PFAFF.
Referred to Committee on Regulatory Licensing Reform.
1 AN ACT to amend 49.45 (9r) (a) 7. c., 146.81 (1) (es), 146.997 (1) (d) 4., 146.997
2 (1) (d) 5., 155.01 (7), 252.14 (1) (ar) 4p., 440.03 (9) (a) (intro.), 440.03 (9) (a) 2.,
3 440.03 (13) (b) (intro.), 440.03 (13) (c), 440.15, 446.01 (1v) (h), 448.956 (1m),
4 448.96 (4) and (6), 448.961, 448.968 (2) (intro.), 450.10 (3) (a) 5. and 451.02 (1);
5 and to create 14.89, 440.03 (11m) (c) 2r., 448.96 (1n) and (1o) and subchapter
6 XI of chapter 448 [precedes 448.987] of the statutes; relating to: ratification
7 of the Occupational Therapy Licensure Compact, extending the time limit for
8 emergency rule procedures, providing an exemption from emergency rule
9 procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Occupational Therapy Licensure
Compact (compact), which provides for the ability of an occupational therapist or
occupational therapy assistant licensed in one member state (licensee) to obtain a
“compact privilege” to practice in a remote state without obtaining a license in that
remote state. Significant provisions of the compact include:
1. The creation of a Occupational Therapy Compact Commission (commission),
which includes one member or representative of the licensure boards of each member
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ASSEMBLY BILL 410
state. The compact grants various powers and duties to the commission, including
overseeing the administration of the compact, enforcing the compact, adopting
bylaws, promulgating binding rules for the compact, establishing an executive
committee, and employing officers and employees. The commission may levy on and
collect an annual assessment from each member state or impose fees on other parties
to cover the cost of the operations and activities of the commission and its staff.
2. A process whereby a licensee may obtain a compact privilege to practice in
another member state. A licensee's primary state of residence is considered to be his
or her home state, and any other member state in which the licensee seeks to practice
is considered a remote state. A licensee providing occupational therapy in a remote
state under a compact privilege is subject to that state's regulatory authority. A
remote state may take action against a licensee's compact privilege in the remote
state, and the licensee is then not eligible for a compact privilege in any state until
certain criteria are met. If a licensee's compact privilege in any remote state is
removed, the individual may lose his or her compact privilege in any remote state
until certain criteria are met. However, a home state has the exclusive power to
impose adverse action against a license issued by the home state. If a home state
license is encumbered (i.e., suspended), the licensee's compact privilege in any
remote state is deactivated until all encumbrances have been removed from the
home state license. Member states may charge a fee for granting a compact privilege
and may impose a jurisprudence requirement for granting a compact privilege that
assesses an individual's knowledge of the laws and rules governing the practice of
occupational therapy in a particular state.
3. The ability for member boards to conduct joint investigations of licensees and
the ability of member states to issue subpoenas that are enforceable in other states.
4. The creation of a coordinated database and reporting system containing
licensure, adverse action, and investigative information on all licensed individuals
in member states. A member state must submit a uniform data set to the data system
on all individuals to whom this compact is applicable as required by the rules of the
commission.
5. Various provisions regarding resolutions of disputes between the
commission and 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 in this state upon enactment of the bill or upon
enactment of the compact in ten states, whichever occurs later. 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
six months after the effective date of that repeal.
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ASSEMBLY BILL 410
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:
1 SECTION 1. 14.89 of the statutes is created to read:
2 14.89 Occupational therapy licensure compact. There is created an
3 occupational therapy compact commission as specified in s. 448.987. The delegate
4 of the commission representing this state shall be an individual described in s.
5 448.987 (8) (b) 2. The commission has the powers and duties granted and imposed
6 under s. 448.987.
7 SECTION 2. 49.45 (9r) (a) 7. c. of the statutes is amended to read:
8 49.45 (9r) (a) 7. c. An occupational therapist who is licensed under subch. VII
9 of ch. 448 or who holds a compact privilege under subch. XI of ch. 448.
10 SECTION 3. 146.81 (1) (es) of the statutes is amended to read:
11 146.81 (1) (es) An occupational therapist or occupational therapy assistant who
12 is licensed under subch. VII of ch. 448 or who holds a compact privilege under subch.
13 XI of ch. 448.
14 SECTION 4. 146.997 (1) (d) 4. of the statutes is amended to read:
15 146.997 (1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist,
16 or physical therapist assistant, occupational therapist, or occupational therapy
17 assistant licensed under ch. 448 or; a physical therapist or physical therapist
18 assistant who holds a compact privilege under subch. IX of ch. 448; or an occupational
19 therapist or occupational therapy assistant who holds a compact privilege under
20 subch. XI of ch. 448.
21 SECTION 5. 146.997 (1) (d) 5. of the statutes is amended to read:
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ASSEMBLY BILL 410 SECTION 5
1 146.997 (1) (d) 5. An occupational therapist, occupational therapy assistant,
2 physician assistant or A respiratory care practitioner certified under ch. 448.
3 SECTION 6. 155.01 (7) of the statutes is amended to read:
4 155.01 (7) “Health care provider" means a nurse licensed or permitted under
5 ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
6 physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
7 therapist assistant, occupational therapist, or occupational therapy assistant
8 licensed under ch. 448, a person practicing Christian Science treatment, an
9 optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical
10 therapist or physical therapist assistant who holds a compact privilege under subch.
11 IX of ch. 448, an occupational therapist or occupational therapy assistant who holds
12 a compact privilege under subch. XI of ch. 448, a partnership thereof, a corporation
13 or limited liability company thereof that provides health care services, a cooperative
14 health care association organized under s. 185.981 that directly provides services
15 through salaried employees in its own facility, or a home health agency, as defined
16 in s. 50.49 (1) (a).
17 SECTION 7. 252.14 (1) (ar) 4p. of the statutes is amended to read:
18 252.14 (1) (ar) 4p. An occupational therapist or occupational therapy assistant
19 who is licensed under subch. VII of ch. 448 or who holds a compact privilege under
20 subch. XI of ch. 448.
21 SECTION 8. 440.03 (9) (a) (intro.) of the statutes is amended to read:
22 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
23 the department shall, biennially, determine each fee for an initial credential for
24 which no examination is required, for a reciprocal credential, and for a credential
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ASSEMBLY BILL 410 SECTION 8
1 renewal and any fee fees imposed under s. ss. 448.986 (2) and 448.9875 (2) by doing
2 all of the following:
3 SECTION 9. 440.03 (9) (a) 2. of the statutes is amended to read:
4 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
5 adjusting for the succeeding fiscal biennium each fee for an initial credential for
6 which an examination is not required, for a reciprocal credential, and, subject to s.
7 440.08 (2) (a), for a credential renewal, and any fee fees imposed under s. ss. 448.986
8 (2) and 448.9875 (2), if an adjustment is necessary to reflect the approximate
9 administrative and enforcement costs of the department that are attributable to the
10 regulation of the particular occupation or business during the period in which the
11 initial or reciprocal credential, credential renewal, or compact privilege is in effect
12 and, for purposes of each fee for a credential renewal, to reflect an estimate of any
13 additional moneys available for the department's general program operations as a
14 result of appropriation transfers that have been or are estimated to be made under
15 s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for
16 an adjustment under this subdivision or during the fiscal biennium beginning on the
17 July 1 immediately following the deadline for an adjustment under this subdivision.
18 SECTION 10. 440.03 (11m) (c) 2r. of the statutes is created to read:
19 440.03 (11m) (c) 2r. The coordinated database and reporting system under s.
20 448.987 (9), if such disclosure is required under the occupational therapy licensure
21 compact under s. 440.987.
22 SECTION 11. 440.03 (13) (b) (intro.) of the statutes is amended to read:
23 440.03 (13) (b) (intro.) The department may investigate whether an applicant
24 for or holder of any of the following credentials has been charged with or convicted
25 of a crime only pursuant to rules promulgated by the department under this
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ASSEMBLY BILL 410 SECTION 11
1 paragraph, including rules that establish the criteria that the department will use
2 to determine whether an investigation under this paragraph is necessary, except as
3 provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., and 448.985 (3) (a) 4.,
4 and 448.987 (3) (a) 5. a. and (5) (b) 2. a.:
5 SECTION 12. 440.03 (13) (c) of the statutes is amended to read:
6 440.03 (13) (c) The department shall require an applicant for a private
7 detective license or a private security permit under s. 440.26, an applicant for a
8 juvenile martial arts instructor permit under sub. (17), an applicant for a real estate
9 appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a
10 multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact
11 license under s. 448.05 (2) (f), an applicant for a physical therapist license under s.
12 448.53 or physical therapist assistant license under s. 448.535, an applicant for an
13 occupational therapist or occupational therapy assistant compact privilege under s.
14 448.987 (4), an applicant for an occupational therapist or occupational therapy
15 assistant license described in s. 448.987 (5) (b) 2. a., and a person for whom the
16 department conducts an investigation under par. (b), to be photographed and
17 fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
18 fingerprints. The department of justice may submit the fingerprint cards, and the
19 department of justice shall submit the fingerprint cards of all applicants for a real
20 estate appraiser certification under s. 458.06 or license under s. 458.08, of all
21 applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
22 for a compact license under s. 448.05 (2) (f), and of all applicants for a physical
23 therapist license under s. 448.53 or a physical therapist assistant license under s.
24 448.535, to the federal bureau of investigation for the purpose of verifying the
25 identity of the persons fingerprinted and obtaining records of their criminal arrests
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1 and convictions. Information obtained from the federal bureau of investigation may
2 be shared with the department or the appropriate credentialing board, but shall
3 otherwise be kept confidential and is not subject to disclosure under s. 19.35.
4 SECTION 13. 440.15 of the statutes, as affected by 2021 Wisconsin Act 25, is
5 amended to read:
6 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
7 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
8 2. a., 450.071 (3) (c) 9., and 450.075 (3) (c) 9., the department or a credentialing board
9 may not require that an applicant for a credential or a credential holder be
10 fingerprinted or submit fingerprints in connection with the department's or the
11 credentialing board's credentialing.
12 SECTION 14. 446.01 (1v) (h) of the statutes is amended to read:
13 446.01 (1v) (h) Occupational therapists affiliated credentialing board under
14 subch. VII of ch. 448. “Health care professional" also includes an individual who
15 holds a compact privilege under subch. XI of ch. 448.
16 SECTION 15. 448.956 (1m) of the statutes is amended to read:
17 448.956 (1m) Subject to sub. (1) (a), a licensee may provide athletic training
18 to an individual without a referral, except that a licensee may not provide athletic
19 training as described under s. 448.95 (5) (d) or (e) in an outpatient rehabilitation
20 setting unless the licensee has obtained a written referral for the individual from a
21 practitioner licensed or certified under subch. II, III, IV, V, or VII of this chapter;
22 under ch. 446; or under s. 441.16 (2) or from a practitioner who holds a compact
23 privilege under subch. IX or XI of ch. 448.
24 SECTION 16. 448.96 (1n) and (1o) of the statutes are created to read:
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1 448.96 (1n) “Compact" means the occupational therapy licensure compact
2 under s. 448.987.
3 (1o) “Compact privilege" means a compact privilege, as defined in s. 448.987
4 (2) (d), that is granted under the compact to an individual to practice in this state.
5 SECTION 17. 448.96 (4) and (6) of the statutes are amended to read:
6 448.96 (4) “Occupational therapist" means an individual who is licensed by the
7 affiliated credentialing board to practice occupational therapy or who holds an
8 occupational therapist compact privilege.
9 (6) “Occupational therapy assistant" means an individual who is licensed by
10 the affiliated credentialing board to assist in the practice of occupational therapy
11 under the supervision of an occupational therapist or who holds an occupational
12 therapy assistant compact privilege.
13 SECTION 18. 448.961 of the statutes is amended to read:
14 448.961 License required. (1) Except as provided in s. 448.962 (1), a no
15 person who is not licensed as an occupational therapist may not practice
16 occupational therapy, designate himself or herself as an occupational therapist,
17 claim to render occupational therapy services, or use the abbreviation “O.T." or
18 “O.T.R." after the person's name unless the person is licensed as an occupational
19 therapist or holds a valid occupational therapist compact privilege.
20 (2) Except as provided in s. 448.962 (2) a , no person who is not licensed as an
21 occupational therapy assistant may not assist in the practice of occupational therapy,
22 describe himself or herself as an occupational t