AB 541 — Relating to: provision of telehealth services by out-of-state health care providers.

-Date 2024of LEGISLATUREenactment: LRB-4571/1 JPC:cdc ASSEMBLY BILL 541 October 18, 2023 - Introduced by Representatives GUSTAFSON , ITTRICH, KITCHENS, M AGNAFICI, M URPHY, M URSAU , O'CONNOR , ROZAR , SCHMIDT and W ICHGERS, cosponsored by Senators C ABRAL- GUEVARA , BALLWEG , BRADLEY , FEYEN and M ARKLEIN.

ReferredAssembly toBill Committee541 onDate Health,of Agingpublication*: and Long-Term Care.

WISCONSIN ACT A N A CT to create 440.18 of the statutes;

provision of telehealth services by out-of-stateout−of−state health care providers.

AnalysisThe bypeople of the Legislativestate Referenceof BureauWisconsin, Thisrepresented 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 byis telehealthnot tolimited patientsand located in this state if the mental health care providersenate satisfiesand certainassembly, conditions,do including:enact as follows:

1) the mental health care provider is licensed,not registered,currently certified,under orinvestigation otherwisefor approvedany toalle- practiceSECTION in1. 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 - 2024 Legislature - 2 - LRB-4571/1 JPC:cdc 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:

S ECTION 1.

gations of unprofessional conduct in the state from which 440.18 Telehealth by out-of-stateout−of−state mental health the mental health care provider is providing telehealth care providers.

(1) In this section, “mental health care provider”services. 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.

(2)provider” Notwithstandingmeans chs.a psychologist, counselor, therapist, or (d) The mental health care provider provides services social worker who, by education, training, and experi- within the scope of his or her license, registration, certifi- ence, is qualified to provide mental health services to cation, or approval from the state from which the mental patients.

440 to 480, no mental health care provider mayis beproviding required to be licensed, registered, certified, or otherwise approved to practice in this state to provide mental health services by telehealth toservices, patientscon- located(2) inNotwithstanding thischs. state if the mental health care provider satisfies all of the following:

(a)440 Theto 480, no mental healthsistent carewith providerany isregulations licensed,applicable registered,to certified,the orprovision otherwiseof approvedhealth tocare practiceprovider inmay thebe staterequired thatto thebe providerlicensed, isreg- physicallytelehealth presentservices in whenthat providingstate. telehealth services.

(b)istered, certified, or otherwise approved to practice in this (e) The mental health care provider mayinforms the state to provide telehealthmental health services inby thistelehealth stateto withinpatients thelocated scopein ofthis hisstate orif herthe license,mental registration,health certification,care orpatient approvalwhether from the stateprovider fromis whichlicensed thein mentalthis healthstate, carewhat provider issatisfies providingall telehealthof services.the following:

(c)state Thehe mentalor healthshe careis provider'sproviding license,telehealth registration,services certification,from, orwhat approvalstates fromin the state from which thehe mentalor healthshe care provider is providinglicensed, telehealthregistered, servicescertified, is(a) notThe limited and the mental health care provider is notlicensed, currentlyregis- LRB-4571/1or -otherwise 2024approved Legislatureto -practice, 3and -which JPC:cdcregulatory SECTIONtered, 1certified, ASSEMBLYor BILLotherwise 541approved underto investigationpractice for any allegations of unprofessional conduct in the stateboards from which the mentalpatient healthmay carecontact providerto isfile providinga telehealthcomplaint. services.

(d)state Thethat mentalthe health care provider providesis servicesphysically withinpresent thein scopewhen ofpro- his(2m) orAny her license, registration, certification, or approval from the state from which the mental health care provider iswho providingprovides telehealthviding services, consistent with any regulations applicable to the provision of telehealth servicesservices. in that state.

(e)(b) TheThemental mental health care provider informsmay theprovide patienttele- whethermental thehealth providerservices is licensed in this state, what state heby ortelehealth shepursuant ishealth providing telehealth services from, what states in whichthis hestate orwithin shethe isscope licensed,of registered,his certified, or otherwiseher approved to practice,sub. and which regulatory boards the patient may contact to file a complaint.

(3)(2) Thisshall, sectionwithin does30 notdays applyof tothe anyfirst individualday whothat holdsthe license, registration, certification, or approval from the mental health care provider provides mental health ser- state from which the mental health care provider is pro- vices in this state by telehealth, submit to the department on a compactform licenseprescribed underby s.the department any information viding telehealth services.

(c) The mental health care provider’s license, regis- that the department requires to confirm that the mental tration, certification, or approval from the state from health care provider possesses a license, registration, cer- which the mental health care provider is providing tele- tificate, or other approval that qualifies the mental health * Section 991.11,ISCONSINSTATUTES:

Effective date of acts.

“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2023 Assembly Bill 541 care provider to provide mental health services in this (3) This section does not apply to any individual who state by telehealth pursuant to sub.

(2).

holds a compact license under s.

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