Wisconsin Statutes 440.094 – Practice by health care providers from other states
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 440.094
- Chiropractor: means a person holding a license issued by the chiropractic examining board. See Wisconsin Statutes 990.01
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensed practical nurse: includes a licensed practical/vocational nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01
- Physician assistant: means a person licensed as a physician assistant under subch. See Wisconsin Statutes 990.01
- Psychologist: means a psychologist who is licensed under…. See Wisconsin Statutes 990.01
- Registered nurse: includes a registered nurse who holds a multistate license, as defined in…. See Wisconsin Statutes 990.01
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) Definitions. In this section:
(a) “Credential” means a license, permit, certificate, or registration.
(b) “Health care employer” means a system, care clinic, care provider, long-term care facility, or any entity whose employed, contracted, or affiliated staff provide health care service to individuals in this state.
(c) “Health care provider” means an individual who holds a valid, unexpired credential granted by another state or territory that authorizes or qualifies the individual to perform acts that are substantially the same as the acts that any of the following are licensed or certified to perform:
1. A registered nurse, licensed practical nurse, or nurse midwife licensed under ch. 441, or an advanced practice nurse prescriber certified under ch. 441.
2. A chiropractor licensed under ch. 446.
3. A dentist licensed under ch. 447.
4. A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.
440.094 Note NOTE: 2021 Wisconsin Act 23 transferred licensure of physician assistants from subch. II of ch. 448 to subch. VIII of ch. 448, which was renumbered to subch. IX of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. Corrective legislation is pending.
5. A physical therapist or physical therapist assistant licensed under subch. III of ch. 448 or who holds a compact privilege under subch. IX of ch. 448 [subch. XI of ch. 448].
440.094 Note NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
6. A podiatrist licensed under subch. IV of ch. 448.
7. A dietitian certified under subch. V of ch. 448.
8. An athletic trainer licensed under subch. VI of ch. 448.
9. An occupational therapist or occupational therapy assistant licensed under subch. VII of ch. 448.
10. An optometrist licensed under ch. 449.
11. A pharmacist licensed under ch. 450.
12. An acupuncturist certified under ch. 451.
13. A psychologist licensed under ch. 455.
14. A social worker, marriage and family therapist, or professional counselor certified or licensed under ch. 457 or a clinical substance abuse counselor certified under s. 440.88.
15. A speech-language pathologist or audiologist licensed under subch. II of ch. 459.
16. A massage therapist or bodywork therapist licensed under ch. 460.
(2) Practice by health care providers from other states.
(a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply:
440.094 Note NOTE: Section 448.03 (1) (b) was repealed by 2021 Wis. Act 23. Corrective legislation is pending.
1. The health care provider applies to the department for a temporary credential under this section within 30 days of beginning to provide health care services for a health care employer. The health care provider shall include in the application an attestation of all of the following:
a. The date on which the health care provider first provided health care services in this state under this section.
b. That the health care provider holds a valid, unexpired credential granted in another state.
c. The health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction.
d. The health care provider has applied for a permanent credential granted by the department or an examining board, as applicable, under chs. 440 to 480. This subd. 1. d. does not apply to a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 U.S. Code § 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends.
2. If the health care provider provides services other than services provided through telehealth as described in sub. (3), the health care employer of the health care provider attests to all of the following to the department within 10 days of the date on which the health care provider begins providing health care services in this state under this section:
a. The health care employer has confirmed that the health care provider holds a valid, unexpired credential granted by another state.
b. To the best of the health care employer’s knowledge and with a reasonable degree of certainty, the health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction.
(b) A health care provider who practices within the scope of a temporary credential granted under this section has all rights and is subject to all responsibilities, malpractice insurance requirements, limitations on scope of practice, and other provisions that apply under chs. 440 to 480 to the practice of the health care provider.
(c)
1. A temporary credential granted under this section becomes effective on the date identified in the attestation under par. (a) 1. a. that the health care provider first provided health care services in this state under this section.
2.
a. Except as provided in subd. 2. b., a temporary credential granted under this section expires on the date that the department, or an examining board in the department, as applicable, grants or denies the application under par. (a) 1. d. for a permanent credential submitted by the health care provider.
b. If a health care provider provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 U.S. Code § 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends, a temporary credential granted under this section to the health care provider expires 30 days after the national emergency ends.
(3) Telehealth. A health care provider who practices within the scope of a temporary credential granted under this section may provide services through telehealth to a patient located in this state.