SB 190

Respiratory Care Interstate Compact

This bill ratifies and enters Wisconsin into the Respiratory Care Interstate Compact, which provides for the ability of a respiratory care practitioner to become eligible to practice in other compact states. Significant provisions of the compact include the following:

1. The creation of a Respiratory Care Interstate Compact Commission, which includes one administrator or staff member of the licensure authorities of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating binding rules for the compact, hiring officers, electing or appointing 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 of member states to cover the cost of the operations and activities of the commission and its staff.

2. A process whereby a respiratory care practitioner 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 wishes to practice is considered a remote state. A licensee providing respiratory therapy in a remote state under the compact privilege is required under the compact to function within the scope of practice authorized by the remote state.

A remote state may take actions against a respiratory care practitioner’s compact privilege within that remote state, and if a respiratory care practitioner’s home state license is encumbered, the respiratory care practitioner loses his or her compact privilege in all remote states until the home state license is no longer encumbered and two years have elapsed from the date on which the license is no longer encumbered.

3. 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 and disciplinary action information on respiratory care practitioners. The compact provides that member states are responsible for reporting any adverse action against a licensee and for monitoring the database to determine whether adverse action has been taken against a licensee. A member state must submit a uniform data set to the data system with certain information specified in the compact, 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 in this state upon enactment in 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 effective date of that repeal.

Statutes and rules examination for respiratory care practitioners

The bill prohibits the Medical Examining Board from requiring an applicant to pass a statutes and rules examination as a condition of certification as a respiratory care practitioner. The bill allows the board to require an applicant to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice as a respiratory care practitioner.