ratification of the Dietitian Licensure Compact

Wisconsin Legislature: AB45: Bill Text

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AB45: Bill Text

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2025 - 2026 LEGISLATURE
LRB-0634/1
MED:cdc
2025 ASSEMBLY BILL 45
February 17, 2025 - Introduced by Representatives
Brooks
,
Callahan
,
Dittrich
,
Bare
,
Duchow
,
Gundrum
,
B. Jacobson
,
Joers
,
Knodl
,
Krug
,
O'Connor
,
Spiros
,
Subeck
,
Tittl
,
Udell
,
Vining
and
Wichgers
, cosponsored by Senators
Testin
,
Feyen
,
Carpenter
,
Habush Sinykin
,
Hesselbein
,
James
,
Marklein
,
Spreitzer
and
Dassler-Alfheim
. Referred to Committee on Regulatory Licensing Reform.
AB45,1,10
1
An Act

to renumber and amend
448.78;
to amend
146.81 (1) (em), 146.997
2
(1) (d) 6., 252.14 (1) (ar) 4m., 253.065 (3), 253.065 (5), 440.03 (9) (a) (intro.),
3
440.03 (9) (a) 2., 440.03 (13) (b) (intro.), 440.15, 446.01 (1v) (f), 446.02 (6m),
4
448.70 (1m), 448.72 (6), 448.74 (1), 448.78 (title), 448.80, 448.82, 448.87 (2)
5
(intro.), 448.87 (2) (a), 448.956 (1m) and 450.10 (3) (a) 5m.;
to repeal and
6
recreate
632.895 (1) (b) 5. b.;
to create
14.833, 440.03 (11m) (c) 2rm., 440.03
7
(13) (c) 1. gm., 448.70 (1r), 448.70 (1s), 448.78 (1m) (title), 448.78 (1m) (f),
8
448.78 (2m), (3m) and (4m) and subchapter XIV of chapter 448 [precedes
9
448.9887] of the statutes;
relating to:
ratification of the Dietitian Licensure
10
Compact.
Analysis by the Legislative Reference Bureau
This bill ratifies and enters Wisconsin into the Dietitian Licensure Compact, which provides for the ability of a dietitian to become eligible to practice in other compact states. Significant provisions of the compact include the following:
1. The creation of a Dietitian Licensure Compact Commission, which includes the primary administrators of the licensure authorities of each member state. The commission has various powers and duties granted in the compact, including establishing bylaws, promulgating rules for the compact, appointing officers and hiring 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 to whom it grants a compact privilege to cover the cost of the operations and activities of the commission and its staff.
2. The ability for a dietitian to obtain a “compact privilege,” which allows a dietitian to practice dietetics in another compact state (remote state) if the dietitian satisfies certain criteria. The compact specifies a number of requirements in order for a dietitian to exercise a compact privilege, including holding an unencumbered dietitian license in a home state and paying any fees and meeting any jurisprudence requirements that may be imposed by a remote state. A dietitian practicing in a remote state under a compact privilege must adhere to the laws and regulations of that state. A remote state may, in accordance with that state’s laws, take adverse action against a licensee’s compact privilege within that state. If a dietitian’s license is encumbered, the dietitian loses the compact privilege in all remote states until certain criteria are satisfied. If a dietitian’s compact privilege in any remote state is removed, the dietitian may lose the compact privilege in all other remote states until certain criteria are satisfied.
3. The ability of member states to issue subpoenas that are enforceable in other states.
4. The creation of a coordinated data system containing licensure and disciplinary action information on dietitians. The compact requires member states to report adverse actions against licensees and to monitor the data system to determine whether adverse actions have been taken against licensees. A member state must submit a uniform data set to the data system on all individuals to whom the compact is applicable as required by the rules of the commission.
5. Provisions regarding resolutions of disputes between 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 its 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.
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:
AB45,1
1
Section
1
.
14.833 of the statutes is created to read:
AB45,2,7
2
14.833

Dietitian licensure compact.
There is created a dietitian licensure
3
compact commission as specified in s. 448.9887. The delegate on the commission
4
representing this state shall be appointed by the dietitian affiliated credentialing
5
board as provided in s. 448.9887 (8) (b) 1. and shall be an individual described in s.
6
448.9887 (8) (b) 2. The commission has the powers and duties granted and imposed
7
under s. 448.9887.
AB45,2
8
Section
2
.
146.81 (1) (em) of the statutes is amended to read:
AB45,2,10
9
146.81
(1)
(em) A dietitian
who is
certified under subch. V of ch. 448
or who
10
holds a compact privilege under subch. XIV of ch. 448
.
AB45,3
11
Section
3
.
146.997 (1) (d) 6. of the statutes is amended to read:
AB45,2,13
12
146.997
(1)
(d) 6. A dietitian
who is
certified under subch. V of ch. 448
or who
13
holds a compact privilege under subch. XIV of ch. 448
.
AB45,4
14
Section
4
.
252.14 (1) (ar) 4m. of the statutes is amended to read:
AB45,2,16
15
252.14
(1)
(ar) 4m. A dietitian
who is
certified under subch. V of ch. 448
or
16
who holds a compact privilege under subch. XIV of ch. 448
.
AB45,5
17
Section
5
.
253.065 (3) of the statutes is amended to read:
AB45,2,22
18
253.065
(3)
Unless the department grants an exception, in order to be eligible
19
for the internship program under sub. (1), an applicant must, at the time of his or
20
her selection, be employed as a nutritionist for the supplemental food program for
21
women, infants, and children under s. 253.06 by either the department or a local
22
agency and have met the educational requirements under s. 448.78
(3)

(1m) (c)
.
AB45,6
23
Section
6
.
253.065 (5) of the statutes is amended to read:
AB45,3,6
1
253.065
(5)
The department shall issue to each individual who successfully
2
completes the dietetic internship program under this section a certificate of
3
completion that the individual may submit as verification of the completion of more
4
than 900 hours of qualifying dietetics practice under s. 448.78
(4)

(1m) (d)
. The
5
dietitians affiliated credentialing board shall accept certificates of completion
6
issued under this subsection as satisfactory evidence under s. 448.78
(4)

(1m) (d)
.
AB45,7
7
Section
7
.
440.03 (9) (a) (intro.) of the statutes is amended to read:
AB45,3,12
8
440.03
(9)
(a) (intro.) Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5),
9
the department shall, biennially, determine each fee for an initial credential for
10
which no examination is required, for a reciprocal credential, and for a credential
11
renewal and any fees imposed under ss. 447.51 (2), 448.986 (2), 448.9875 (2),
12
448.9885 (2),
448.9888 (2),
457.51 (2), and 459.71 (2) by doing all of the following:
AB45,8
13
Section
8
.
440.03 (9) (a) 2. of the statutes is amended to read:
AB45,4,5
14
440.03
(9)
(a) 2. Not later than January 31 of each odd-numbered year,
15
adjusting for the succeeding fiscal biennium each fee for an initial credential for
16
which an examination is not required, for a reciprocal credential, and, subject to s.
17
440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 447.51 (2),
18
448.986 (2), 448.9875 (2), 448.9885 (2),
448.9888 (2),
457.51 (2), and 459.71 (2), if an
19
adjustment is necessary to reflect the approximate administrative and enforcement
20
costs of the department that are attributable to the regulation of the particular
21
occupation or business during the period in which the initial or reciprocal
22
credential, credential renewal, or compact privilege is in effect and, for purposes of
23
each fee for a credential renewal, to reflect an estimate of any additional moneys
1
available for the department’s general program operations as a result of
2
appropriation transfers that have been or are estimated to be made under s. 20.165
3
(1) (i) during the fiscal biennium in progress at the time of the deadline for an
4
adjustment under this subdivision or during the fiscal biennium beginning on the
5
July 1 immediately following the deadline for an adjustment under this subdivision.
AB45,9
6
Section
9
.
440.03 (11m) (c) 2rm. of the statutes is created to read:
AB45,4,8
7
440.03
(11m)
(c) 2rm. The coordinated data system under s. 448.9887 (9), if
8
such disclosure is required under the dietitian licensure compact under s. 448.9887.
AB45,10
9
Section
10
.
440.03 (13) (b) (intro.) of the statutes, is amended to read:
AB45,4,18
10
440.03
(13)
(b) (intro.) The department may investigate whether an applicant
11
for or holder of any of the following credentials has been charged with or convicted
12
of a crime only pursuant to rules promulgated by the department under this
13
paragraph, including rules that establish the criteria that the department will use
14
to determine whether an investigation under this paragraph is necessary, except as
15
provided in par. (c) and ss. 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3.,
16
448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5.,
448.9887 (3)
17
(b) 3. and (5) (b) 2. a.,
455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and
18
459.70 (3) (b) 2.:
AB45,11
19
Section
11
.
440.03 (13) (c) 1. gm. of the statutes is created to read:
AB45,4,22
20
440.03
(13)
(c) 1. gm. An applicant for a dietitian compact privilege under s.
21
448.9887 (4) and an applicant for a dietitian certificate described in s. 448.9887 (5)
22
(b) 2. a.
AB45,12
23
Section
12
.
440.15 of the statutes is amended to read:
AB45,5,8
1
440.15

No fingerprinting.
Except as provided under ss. 440.03 (13) (c),
2
441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a)
3
5. a. and (5) (b) 2. a., 448.988 (3) (a) 5.,
448.9887 (3) (b) 3. and (5) (b) 2. a.,
450.071 (3)
4
(c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a.,
5
and 459.70 (3) (b) 1., the department or a credentialing board may not require that
6
an applicant for a credential or a credential holder be fingerprinted or submit
7
fingerprints in connection with the department’s or the credentialing board’s
8
credentialing.
AB45,13
9
Section
13
.
446.01 (1v) (f) of the statutes is amended to read:
AB45,5,12
10
446.01
(1v)
(f) Dietitians affiliated credentialing board under subch. V of ch.
11
448.
“Health care professional” also includes an individual who holds a compact
12
privilege under subch. XIV of ch. 448.
AB45,14
13
Section
14
.
446.02 (6m) of the statutes is amended to read:
AB45,5,19
14
446.02
(6m)
No chiropractor may provide counsel, direction, guidance, advice,
15
or a recommendation to a patient regarding the health effects of vitamins, herbs, or
16
nutritional supplements unless the chiropractor has been issued a certificate under
17
sub. (2) (c) 1. This subsection does not apply to a chiropractor licensed under this
18
chapter who is
a
certified
as a
dietitian
under subch. V of ch. 448
, as defined in s.
19
448.70 (1m)
.
AB45,15
20
Section
15
.
448.70 (1m) of the statutes is amended to read:
AB45,5,22
21
448.70
(1m)
“Certified dietitian” means an individual who is certified as a
22
dietitian under this subchapter
or who holds a compact privilege
.
AB45,16
23
Section
16
.
448.70 (1r) of the statutes is created to read:
AB45,6,2
1
448.70
(1r)
“Compact” means the dietitian licensure compact under s.
2
448.9887.
AB45,17
3
Section
17
.
448.70 (1s) of the statutes is created to read:
AB45,6,6
4
448.70
(1s)
“Compact privilege” means a compact privilege, as defined in s.
5
448.9887 (2) (i), that is granted under the compact to an individual to practice in
6
this state.
AB45,18
7
Section
18
.
448.72 (6) of the statutes is amended to read:
AB45,6,12
8
448.72
(6)
Prohibit an individual from using the title
“dietitian”,

“dietitian,”

9
“licensed dietitian
,
” or “certified dietitian” if the person is licensed or certified as a
10
dietitian under the laws of another state which has licensure or certification
11
requirements that the affiliated credentialing board determines to be substantially
12
equivalent to the requirements under s. 448.78
(1m)
.
AB45,19
13
Section
19
.
448.74 (1) of the statutes is amended to read:
AB45,6,15
14
448.74
(1)
Establish criteria for the approval of educational programs and
15
training under s. 448.78
(3) and (4)

(1m) (c) and (d)
.
AB45,20
16
Section
20
.
448.78 (title) of the statutes is amended to read:

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