LRB-1839/1
MED:emw
2023 - 2024 LEGISLATURE
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.
AB410,2,2 1An Act to renumber 252.14 (1) (ar) 14., 448.978 (1) and 448.978 (2) (d) 1. and
22.; to renumber and amend 440.03 (13) (c), 448.015 (4) (am) 2m., 448.974 (2)
3and 448.978 (2) (d) (intro.); to amend 49.45 (9r) (a) 7. e., 97.67 (5m) (a) 3.,
4118.2925 (1) (f), 146.81 (1) (eu), 146.997 (1) (d) 4., 154.01 (3) (b), 155.01 (1g) (c),
5155.01 (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,
8895.48 (1m) (a) (intro.), 971.14 (4) (a) and 990.01 (27s); to repeal and recreate
916.417 (1) (e) 3m. and 252.15 (1) (am); and to create 14.835, 111.335 (4) (jm),
10440.03 (11m) (c) 2c., 440.03 (13) (c) 1. i., 440.094 (1) (c) 9m., 448.971 (1L),
11448.971 (1m), 448.974 (1m), 448.974 (2) (bm) and subchapter XIII of chapter

1448 [precedes 448.988] of the statutes; relating to: ratification of the PA
2Licensure 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.

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:
AB410,1 1Section 1. 14.835 of the statutes is created to read:
AB410,3,7 214.835 PA licensure compact. There is created a PA licensure compact
3commission as specified in s. 448.988. The delegate on the commission representing
4this state shall be appointed by the physician assistant affiliated credentialing board
5as 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
7under s. 448.988.
AB410,2 8Section 2. 16.417 (1) (e) 3m. of the statutes is repealed and recreated to read:
AB410,3,109 16.417 (1) (e) 3m. A physician assistant who is licensed under subch. IX of ch.
10448 or who holds a compact privilege under subch. XIII of ch. 448.
AB410,3 11Section 3. 49.45 (9r) (a) 7. e. of the statutes is amended to read:
AB410,3,1312 49.45 (9r) (a) 7. e. A physician assistant who is licensed under subch. IX of ch.
13448 or who holds a compact privilege under subch. XIII of ch. 448.
AB410,4 14Section 4. 97.67 (5m) (a) 3. of the statutes is amended to read:
AB410,3,1615 97.67 (5m) (a) 3. A physician assistant who is licensed under subch. IX of ch.
16448 or who holds a compact privilege under subch. XIII of ch. 448.
AB410,5
1Section 5. 111.335 (4) (jm) of the statutes is created to read:
AB410,4,52 111.335 (4) (jm) Notwithstanding s. 111.322, it is not employment
3discrimination because of conviction record for the physician assistant affiliated
4credentialing board to refuse to grant to an individual a compact privilege, as defined
5in s. 448.988 (2) (b), in accordance with s. 448.988 (4) (a) 3.
AB410,6 6Section 6. 118.2925 (1) (f) of the statutes is amended to read:
AB410,4,97 118.2925 (1) (f) “Physician assistant" means a person who is licensed under s.
8448.974
subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of
9ch. 448
.
AB410,7 10Section 7. 146.81 (1) (eu) of the statutes is amended to read:
AB410,4,1211 146.81 (1) (eu) A physician assistant who is licensed under subch. IX of ch. 448
12or who holds a compact privilege under subch. XIII of ch. 448.
AB410,8 13Section 8. 146.997 (1) (d) 4. of the statutes, as affected by 2021 Wisconsin Act
14251
, is amended to read:
AB410,4,2115 146.997 (1) (d) 4. A physician, physician assistant, podiatrist, perfusionist,
16physical therapist, physical therapist assistant, occupational therapist,
17occupational therapy assistant, or genetic counselor licensed under ch. 448; a
18physical therapist or physical therapist assistant who holds a compact privilege
19under subch. XI of ch. 448; or an occupational therapist or occupational therapy
20assistant who holds a compact privilege under subch. XII of ch. 448 ; or a physician
21assistant who holds a compact privilege under subch. XIII of ch. 448;
.
AB410,9 22Section 9. 154.01 (3) (b) of the statutes is amended to read:
AB410,4,2323 154.01 (3) (b) A physician assistant licensed under ch. 448.
AB410,10 24Section 10. 155.01 (1g) (c) of the statutes is amended to read:
AB410,5,3
1155.01 (1g) (c) A physician assistant licensed under ch. 448 who a physician
2responsible for overseeing the physician assistant's practice affirms is competent to
3conduct evaluations of the capacity of patients to manage health care decisions.
AB410,11 4Section 11. 155.01 (7) of the statutes, as affected by 2021 Wisconsin Act 251,
5is amended to read:
AB410,5,226 155.01 (7) “Health care provider" means a nurse licensed or permitted under
7ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
8physician, physician assistant, perfusionist, podiatrist, physical therapist, physical
9therapist assistant, occupational therapist, occupational therapy assistant, or
10genetic counselor licensed under ch. 448, a naturopathic doctor licensed under ch.
11466, a person practicing Christian Science treatment, an optometrist licensed under
12ch. 449, a psychologist who is licensed under ch. 455, who is exercising the temporary
13authorization to practice, as defined in s. 455.50 (2) (o), in this state, or who is
14practicing under the authority to practice interjurisdictional telepsychology, as
15defined in s. 455.50 (2) (b), a physical therapist or physical therapist assistant who
16holds a compact privilege under subch. XI of ch. 448, an occupational therapist or
17occupational therapy assistant who holds a compact privilege under subch. XII of ch.
18448, a physician assistant who holds a compact privilege under subch. XIII of ch. 448,
19a partnership thereof, a corporation or limited liability company thereof that
20provides health care services, a cooperative health care association organized under
21s. 185.981 that directly provides services through salaried employees in its own
22facility, or a home health agency, as defined in s. 50.49 (1) (a).
AB410,12 23Section 12. 252.14 (1) (ar) 14. of the statutes is renumbered 252.14 (1) (ar)
244rm.
AB410,13 25Section 13. 252.15 (1) (am) of the statutes is repealed and recreated to read:
AB410,6,2
1252.15 (1) (am) “Health care professional" means a physician, physician
2assistant, or nurse.
AB410,14 3Section 14. 440.03 (9) (a) (intro.) of the statutes is amended to read:
AB410,6,84 440.03 (9) (a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
5the department shall, biennially, determine each fee for an initial credential for
6which no examination is required, for a reciprocal credential, and for a credential
7renewal and any fees imposed under ss. 448.986 (2) and , 448.9875 (2), and 448.9885
8(2)
by doing all of the following:
AB410,15 9Section 15. 440.03 (9) (a) 2. of the statutes is amended to read:
AB410,6,2410 440.03 (9) (a) 2. Not later than January 31 of each odd-numbered year,
11adjusting for the succeeding fiscal biennium each fee for an initial credential for
12which an examination is not required, for a reciprocal credential, and, subject to s.
13440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2)
14and, 448.9875 (2), and 448.9885 (2), if an adjustment is necessary to reflect the
15approximate administrative and enforcement costs of the department that are
16attributable to the regulation of the particular occupation or business during the
17period in which the initial or reciprocal credential, credential renewal, or compact
18privilege is in effect and, for purposes of each fee for a credential renewal, to reflect
19an estimate of any additional moneys available for the department's general
20program operations as a result of appropriation transfers that have been or are
21estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress
22at the time of the deadline for an adjustment under this subdivision or during the
23fiscal biennium beginning on the July 1 immediately following the deadline for an
24adjustment under this subdivision.
AB410,16 25Section 16. 440.03 (11m) (c) 2c. of the statutes is created to read:
AB410,7,3
1440.03 (11m) (c) 2c. The coordinated data and reporting system under s.
2448.988 (8), if such disclosure is required under the PA licensure compact under s.
3448.988.
AB410,17 4Section 17. 440.03 (13) (b) (intro.) of the statutes is amended to read:
AB410,7,115 440.03 (13) (b) (intro.) The department may investigate whether an applicant
6for or holder of any of the following credentials has been charged with or convicted
7of a crime only pursuant to rules promulgated by the department under this
8paragraph, including rules that establish the criteria that the department will use
9to determine whether an investigation under this paragraph is necessary, except as
10provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4.,
11448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., and 455.50 (3) (e) 4. and (f) 4.:
AB410,18 12Section 18. 440.03 (13) (c) of the statutes is renumbered 440.03 (13) (c) 1.
13(intro.) and amended to read:
AB410,7,1614 440.03 (13) (c) 1. (intro.) The department shall require an all of the following
15to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
16set of the person's fingerprints:
AB410,7,18 17a. An applicant for a private detective license or a private security permit under
18s. 440.26, an.
AB410,7,20 19b. An applicant for a juvenile martial arts instructor permit under sub. (17),
20an
.
AB410,7,22 21c. An applicant for a real estate appraiser certification under s. 458.06 or
22license under s. 458.08, an.
AB410,7,23 23d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an.
AB410,7,24 24e. An applicant for a compact license under s. 448.05 (2) (f), an.
AB410,8,2
1f. An applicant for a physical therapist license under s. 448.53 or physical
2therapist assistant license under s. 448.535, an .
AB410,8,6 3g. An applicant for an occupational therapist or occupational therapy assistant
4compact privilege under s. 448.987 (4), and an applicant for an occupational
5therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2.
6a., an
AB410,8,7 7h. An applicant for a psychologist license under s. 455.04, and a.
AB410,8,10 8z. A person for whom the department conducts an investigation under par. (b),
9to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete
10set of the person's fingerprints
.
AB410,8,20 112. The department of justice may submit the fingerprint cards, and the
12department of justice shall submit the fingerprint cards of all applicants for a real
13estate appraiser certification under s. 458.06 or license under s. 458.08, of all
14applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants
15for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist
16license under s. 448.53 or a physical therapist assistant license under s. 448.535, and
17of all applicants for a psychologist license under s. 455.04
identified in subd. 1. c. to
18i.
, to the federal bureau of investigation for the purpose of verifying the identity of
19the persons fingerprinted and obtaining records of their criminal arrests and
20convictions.
AB410,8,23 213. Information obtained from the federal bureau of investigation may be shared
22with the department or the appropriate credentialing board, but shall otherwise be
23kept confidential and is not subject to disclosure under s. 19.35.
AB410,19 24Section 19. 440.03 (13) (c) 1. i. of the statutes is created to read:
AB410,9,3
1440.03 (13) (c) 1. i. An applicant for a physician assistant license or compact
2privilege under s. 448.974 when required pursuant to the PA licensure compact
3under s. 448.988.
AB410,20 4Section 20. 440.094 (1) (c) 4. of the statutes is amended to read:
AB410,9,65 440.094 (1) (c) 4. A physician, physician assistant, perfusionist, or respiratory
6care practitioner licensed or certified under subch. II of ch. 448.
AB410,21 7Section 21 . 440.094 (1) (c) 9m. of the statutes is created to read:
AB410,9,88 440.094 (1) (c) 9m. A physician assistant licensed under subch. IX of ch. 448.
AB410,22 9Section 22. 440.15 of the statutes is amended to read:
AB410,9,15 10440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
11441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b)
122. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., and 455.50 (3) (e) 4. and
13(f) 4., the department or a credentialing board may not require that an applicant for
14a credential or a credential holder be fingerprinted or submit fingerprints in
15connection with the department's or the credentialing board's credentialing.
AB410,23 16Section 23. 448.015 (4) (am) 2m. of the statutes is renumbered 448.978 (1g)
17(a) and amended to read:
AB410,9,2018 448.978 (1g) (a) A “ Unprofessional conduct” includes a determination made
19by a physician assistant under ch. 154 or 155 if the physician assistant does not have
20sufficient education, training, and experience to make the determination.
AB410,24 21Section 24. 448.971 (1L) of the statutes is created to read:
AB410,9,2222 448.971 (1L) “Compact” means the PA licensure compact under s. 448.988.
AB410,25 23Section 25. 448.971 (1m) of the statutes is created to read:
AB410,10,3
1448.971 (1m) “Compact privilege” means a compact privilege, as defined in s.
2448.988 (2) (b), that is granted under the compact to an individual to practice in this
3state.
AB410,26 4Section 26. 448.971 (2) of the statutes is amended to read:
AB410,10,65 448.971 (2) “Physician assistant” means a person who is licensed under this
6subchapter or who holds a compact privilege.
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