LRB-1608/1
MCP:kjf
2017 - 2018 LEGISLATURE
March 29, 2017 - Introduced by Senators Darling and Ringhand, cosponsored by
Representatives Petryk, Loudenbeck, Kerkman, Brostoff, Edming, Allen,
Skowronski, Weatherston, Thiesfeldt and E. Brooks. Referred to
Committee on Public Benefits, Licensing and State-Federal Relations.
SB132,1,3 1An Act to amend 100.20 (5) and 100.20 (6); and to create 66.0439, 100.20 (1v)
2and 100.70 of the statutes; relating to: regulating the use of certain
3professional credentials and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a person from using the title of certified dangerous goods
professional, certified hazardous materials manager, certified hazardous materials
practitioner, certified health physicist, certified industrial hygienist, certified safety
professional, or registered radiation protection technologist, or the initials for these
titles, unless the person is certified or registered to use that title by the Institute of
Hazardous Materials Management, the American Board of Health Physics, the
American Board of Industrial Hygiene, the Board of Certified Safety Professionals,
or the National Registry of Radiation Protection Technologists.
The bill also prohibits a business from representing that the services that the
business provides are furnished by one of these certified or registered professionals
unless those services are provided by, or are provided under the direct supervision
of, a person who is permitted to use that title under this bill. Under the bill, a person
is also prohibited from misleading or deceiving another person by the unauthorized
use of a certification mark awarded by the U.S. Patent and Trademark Office that
includes one of these titles.
Under the bill, a person who violates these prohibitions is guilty of a
misdemeanor and may be fined not more than $1,000. The bill also provides that a
violation of these prohibitions is an unfair method of competition in business or an

unfair trade practice, and allows a person who suffers a monetary loss because of a
violation to sue for twice the amount of the monetary loss and reasonable attorney
fees. The bill also allows the Department of Agriculture, Trade and Consumer
Protection to bring a court action for an injunction to restrain a violation of these
prohibitions.
In addition, this bill prohibits a city, village, town, or county from enacting an
ordinance or adopting a resolution that restricts the use of these professional titles.
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:
SB132,1 1Section 1. 66.0439 of the statutes is created to read:
SB132,2,4 266.0439 Environmental, occupational health, and safety credentials.
3(1)
No city, village, town, or county may enact an ordinance or adopt a resolution that
4restricts the use of a title or a representation described in s. 100.70 (1) (a) to (h).
SB132,2,8 5(2) If a city, village, town, or county has in effect on the effective date of this
6subsection .... [LRB inserts date], an ordinance that the city, village, town, or county
7is prohibited from enacting under sub. (1), the ordinance does not apply and may not
8be enforced.
SB132,2 9Section 2. 100.20 (1v) of the statutes is created to read:
SB132,2,1110 100.20 (1v) It is an unfair method of competition in business or an unfair trade
11practice for a person or business entity to violate s. 100.70 (2).
SB132,3 12Section 3. 100.20 (5) of the statutes is amended to read:
SB132,2,1713 100.20 (5) Any person suffering pecuniary loss because of a violation by any
14other person of s. 100.70 or any order issued under this section may sue for damages
15therefor in any court of competent jurisdiction and shall recover twice the amount
16of such pecuniary loss, together with costs, including a reasonable attorney's
17attorney fee.
SB132,4
1Section 4. 100.20 (6) of the statutes is amended to read:
SB132,3,92 100.20 (6) The department may commence an action in circuit court in the
3name of the state to restrain by temporary or permanent injunction the violation of
4s. 100.70 or any order issued under this section. The court may in its discretion, prior
5to entry of final judgment make such orders or judgments as may be necessary to
6restore to any person any pecuniary loss suffered because of the acts or practices
7involved in the action, provided proof thereof is submitted to the satisfaction of the
8court. The department may use its authority in ss. 93.14 and 93.15 to investigate
9violations of s. 100.70 or any order issued under this section.
SB132,5 10Section 5. 100.70 of the statutes is created to read:
SB132,3,18 11100.70 Environmental, occupational health, and safety credentials. (1)
12Prohibitions. (a) Certified dangerous goods professional. No person may use the
13title “Certified Dangerous Goods Professional," the initials “C.D.G.P.," or any
14variation or combination of those terms to identify, advertise, or represent, by any
15means, that the person is a certified dangerous goods professional unless the person
16is designated as a certified dangerous goods professional by the Institute of
17Hazardous Materials Management and that designation has not expired or been
18revoked.
SB132,3,2419 (b) Certified hazardous materials manager. No person may use the title
20“Certified Hazardous Materials Manager," the initials “C.H.M.M.," or any variation
21or combination of those terms to identify, advertise, or represent, by any means, that
22the person is a certified hazardous materials manager unless the person is
23designated as a certified hazardous materials manager by the Institute of Hazardous
24Materials Management and that designation has not expired or been revoked.
SB132,4,7
1(c) Certified hazardous materials practitioner. No person may use the title
2“Certified Hazardous Materials Practitioner," the initials “C.H.M.P.," or any
3variation or combination of those terms to identify, advertise, or represent, by any
4means, that the person is a certified hazardous materials practitioner unless the
5person is designated as a certified hazardous materials practitioner by the Institute
6of Hazardous Materials Management and that designation has not expired or been
7revoked.
SB132,4,138 (d) Certified health physicist. No person may use the title “Certified Health
9Physicist," the initials “C.H.P.," or any variation or combination of those terms to
10identify, advertise, or represent, by any means, that the person is a certified health
11physicist unless the person is designated as a certified health physicist by the
12American Board of Health Physics and that designation has not expired or been
13revoked.
SB132,4,1914 (e) Certified industrial hygienist. No person may use the title “Certified
15Industrial Hygienist," the initials “C.I.H.," or any variation or combination of those
16terms to identify, advertise, or represent, by any means, that the person is a certified
17industrial hygienist unless the person is designated as a certified industrial
18hygienist by the American Board of Industrial Hygiene and that designation has not
19expired or been revoked.
SB132,4,2520 (f) Certified safety professional. No person may use the title “Certified Safety
21Professional," the initials “C.S.P.," or any variation or combination of those terms to
22identify, advertise, or represent, by any means, that the person is a certified safety
23professional unless the person is designated as a certified safety professional by the
24Board of Certified Safety Professionals and that designation has not expired or been
25revoked.
SB132,5,7
1(g) Registered radiation protection technologist. No person may use the title
2“Registered Radiation Protection Technologist," the initials “R.R.P.T.," or any
3variation or combination of those terms to identify, advertise, or represent, by any
4means, that the person is a registered radiation protection technologist unless the
5person is designated as a registered radiation protection technologist by the National
6Registry of Radiation Protection Technologists and that designation has not expired
7or been revoked.
SB132,5,128 (h) Commercial representation. No business entity may identify, advertise, or
9represent, by any means, that the services provided by the business entity are
10furnished by a certified or registered professional described under pars. (a) to (g)
11unless those services are provided by, or are provided under the direct supervision
12of, a person who is permitted to use that title under pars. (a) to (g).
SB132,5,1513 (i) Certification mark. No person may mislead or deceive a person by the
14unauthorized use of a certification mark awarded by the U.S. patent and trademark
15office that includes a title described in pars. (a) to (g).
SB132,5,1816 (j) Exception. Paragraphs (a) to (g) do not apply to an apprentice or student who
17is acting under the supervision of a person who is permitted to use a title under pars.
18(a) to (g).
SB132,5,20 19(2) Penalty. A person who violates sub. (1) is guilty of a misdemeanor and shall
20be fined not more than $1,000.
SB132,5,2121 (End)
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