SB 232 — Relating to: allowing the Department of Safety and Professional Services and credentialing boards to grant credentials with provisional status, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority. (FE)

- 2022 LEGISLATURE LRBa0763/1LRB-0357/1 KP:cdcKP:amn SENATE AMENDMENT 1, TO SENATE BILL 232 OctoberMarch 7,24, 2021 - OfferedIntroduced by SenatOOYENGA.Senators K OOYENGA , JACQUE, M ARKLEIN, W IMBERGER and S TROEBEL , cosponsored by Representatives HORLACHER , VANDER MEER , HAYWOOD , ALLEN, B OWEN , BRANDTJEN, B ROOKS, D ITTRIC, EDMING , AMES , KATSMA, M OSES, NOVAK, O LDENBURG, ROZAR , NODGRASS , SORTWELL , PIROS, TUBBS, HIESFELDT, WICHGERS, WITTKE, ITTL, NODL and ZIMMERMAN .

AtReferred theto locationsCommittee indicated,on amendInsurance, theLicensing billand asForestry. follows:

1.A N A CT to repeal 456.01 (5) and (6);

Pageto 3,amend line440.08 9:(2) (a) (intro.) and 456.10 (2);

deleteand “application."to andcreate substitute227.03 “application,(4r) and if440.077 aof person whose application for a credential is denied subsequently applies for the credential,statutes; the person may not be granted that credential with provisional status under the rules promulgated under sub.

(1)relating (a)to: or (b).".

2.allowing the Department of Safety and Professional Services and credentialing boards to grant credentials with provisional status, extending the time limit for emergency rule procedures, providing an exemption from emergency rule procedures, and granting rule-making authority.

PageAnalysis 3,by linethe 13:Legislative Reference Bureau This bill requires the Department of Safety and Professional Services to promulgate rules that allow an initial credential or a reciprocal credential to be granted with provisional status to an applicant who has applied for the credential.

afterThese thatrules lineapply insert:to credentials granted by DSPS and also apply to initial credentials granted by credentialing boards, unless a credentialing board promulgates its own provisional status credential rules.

“(4)The Thisholder sectionof doesa notcredential granted with provisional status is subject to the same laws and procedures, including professional discipline, that otherwise apply to athe credential, except that the credential grantedis undernot ch.subject to renewal unless and until the credential is ultimately approved.

452.”.A credential with provisional status is granted subject to the ultimate determination on the application for the credential, and the provisional status is removed if the application is approved.

A credential with provisional status immediately expires upon the issuance of a notice to deny the - 2022 Legislature - 2 - LRB-0357/1 KP:amn SENATE BILL 232 application.

A decision on whether to grant a credential with provisional status is not subject to administrative or judicial review.

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:

SECTION 1.

227.03 (4r) of the statutes is created to read:

227.03 (4r) Subchapter III does not apply to any decision of the department of safety and professional services or a credentialing board, as defined in s.

440.01 (2) (bm), to deny or grant a credential with provisional status pursuant to rules promulgated under s.

440.077 (1) (a) or (b).

SECTION 2.

440.077 of the statutes is created to read:

440.077 Provisional credentials.

(1) (a) The department shall promulgate rules that allow an initial credential or a reciprocal credential to be granted with provisional status to an applicant who has applied for the credential.

The rules promulgated under this paragraph shall apply to credentials granted by the department and shall apply to initial credentials granted by a credentialing board, unless the credentialing board promulgates rules under par.

(b).

(b) A credentialing board may promulgate rules that allow an initial credential or a reciprocal credential to be granted with provisional status to an applicant who has applied for the credential with that credentialing board.

If a credentialing board promulgates rules under this paragraph, those rules shall, with respect to credentials granted by the credentialing board, supercede rules promulgated by the department under par.

(a).

(2) A credential granted with provisional status pursuant to rules promulgated under sub.

(1) (a) or (b) shall confer the same rights, privileges, and authority as are LRB-0357/1 - 2022 Legislature - 3 - KP:amn SECTION 2 SENATE BILL 232 otherwise conferred by the credential.

The holder of a credential granted with provisional status shall be subject to the same laws and procedures, including professional discipline, that otherwise apply to the credential, except as provided in sub.

(3).

(3) (a) A credential with provisional status shall be granted subject to the ultimate determination on the application for the initial credential or reciprocal credential, and the provisional status shall be removed if the application is approved.

A credential with provisional status shall immediately expire upon the issuance of a notice to deny the application.

A decision on whether to grant an applicant a credential with provisional status is not subject to review under ch.

227.

(b) A credential with provisional status is not subject to renewal until a determination is ultimately made to approve the application and the provisional status is removed.

SECTION 3.

440.08 (2) (a) (intro.) of the statutes is amended to read: