January 17, 2021

Volume XI, Number 17


January 15, 2021

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January 14, 2021

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Gov. Evers Relaxes Health Care Provider Licensing Requirements

On Friday, March 27th, Governor Evers and Wisconsin Department of Health Services (“DHS”) Secretary-Designee Andrea Palm signed Emergency Order #16 relaxing a variety of licensing requirements and administrative hurdles health care practitioners typically face before practicing in the State of Wisconsin. Below is a summary of the major provisions of the order.

  • Interstate Reciprocity. Certain practitioners with valid, current licenses in other states may practice in Wisconsin under such license without first obtaining a license from the Department of Safety and Professional Services (“DSPS”). This interstate reciprocity applies to a variety of professional licenses including physicians, nurses, pharmacists, social workers, respiratory care practitioners, perfusionists, physician assistants, and more. Additional conditions are placed on the reciprocity including that the practice must be necessary for an identified health care facility to continue to safely deliver health care services and that the practitioner must notify DSPS within 5 days of first practicing within Wisconsin and must apply for a temporary or permanent license within 10 days of first practicing within Wisconsin.

  • Out-of-State Physician Telemedicine. Physicians providing treatment within Wisconsin via telemedicine need not be licensed by the Wisconsin Medical Examining Board provided any such physician has a valid license issued by another state or by Canada; is not under investigation; and does not have any restrictions or limitations placed on their license by any state or jurisdiction.

  • Physician Assistants. Physician Assistants (“PAs”) ordinarily may not practice beyond the expertise of a supervising physician or podiatrist. Also, PAs ordinarily may not delegate a task assigned by a physician or podiatrist to another health care professional. The order suspends both of these restrictions and directs PAs to practice and delegate to the extent of their experience, education, training, and capabilities. The order also doubles the number of PAs that a physician or podiatrist may supervise at any one time, increasing the number from 4 to 8 on-duty PAs.

  • Nurses. The order extends the duration of temporary nursing licenses until the end of the emergency or 6 months after availability of NCLEX and extends the time limit for renewing an existing license.

  • Recently Lapsed Licenses. The order directs DSPS to identify providers with recently lapsed licenses and to work with DHS to coordinate outreach regarding renewal options. The order lifts various licensing requirements including continuing education credit requirements, renewal fees, and more for a number of different licensed professions including physicians, psychologists, pharmacists, and more.

©2020 von Briesen & Roper, s.cNational Law Review, Volume X, Number 90



About this Author

Stacy Gerber Ward, von Briesen Roper Law Firm, Milwaukee, Corporate and Health Care Law Attorney

Stacy Gerber Ward is a Shareholder and Leader of von Briesen’s Government Enforcement and Corporate Investigations Section. Stacy focuses on helping clients respond to government investigations and conduct internal investigations using her more than 14 years of experience serving as an Assistant United States Attorney for the Eastern District of Wisconsin and most recently as the Deputy Chief of the Civil Division. Stacy investigated and prosecuted individuals and corporations for civil health care fraud and other enforcement matters, including government enforcement...

Daniel Balk III Healthcare lawyer von Briesen

Daniel Balk is an attorney in the Health Law Section. His practice focuses on transactional, regulatory, compliance and HIPAA issues for various regulated health care entities.

During law school he served as a law clerk for the City of Kenosha City Attorney’s Office and as a legal intern for the U.S. Court of Appeals for the Seventh Circuit for the Hon. Diane S. Sykes. He was a Senior Articles Editor for Marquette Law Review.

Daniel is a member of the American Health Lawyers Association, State Bar of Wisconsin and Milwaukee Bar Association. Daniel...

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