January 31, 2018 - Introduced by Representative Ballweg, cosponsored by Senator
Kapenga, by request of Department of Safety and Professional Services.
Referred to Committee on Regulatory Licensing Reform.
AB903,1,9 1An Act to repeal 15.405 (7c) (am) 2., 15.405 (10r) (c), 101.16 (3g) (b), 440.03 (16),
2440.04 (9) and 440.11 (3); to renumber 101.16 (3g) (a); and to amend 15.405
3(7c) (am) (intro.), 15.405 (7c) (am) 1., 15.405 (7c) (am) 3., 15.405 (7g), 15.405
4(10r) (b), 15.406 (6) (a) 2., 101.12 (5) (b), 101.15 (2) (d) 1., 101.653 (5) (b) 2.,
5118.135 (2), 157.63 (2) (b), 440.08 (2) (a) 59., 440.92 (9) (b) 3., 441.01 (7) (a)
6(intro.), 441.01 (7) (a) 1., 441.01 (7) (b), 441.06 (3), 441.08, 441.15 (3) (b), 441.16
7(3) (d), 448.13 (1) (a) (intro.), 448.13 (2), 448.13 (3) and 470.05 of the statutes;
8relating to: various changes to statutes administered by the Department of
9Safety and Professional Services and attached credentialing boards.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the laws governing the regulation of
professions and buildings and safety that are administered by the Department of
Safety and Professional Services.
Notice of request to inspect or copy building plans
Under current law, a person requesting to inspect or copy building plans for a
structure must submit a written application identifying the structure or proposed
structure, and DSPS or the political subdivision in which the plans are filed must

provide a copy of the application to the owner of the structure or proposed structure
and the person that submitted the plans. The bill eliminates that notice
requirement.
List of licensed retail suppliers of liquefied petroleum gas
The bill eliminates the requirement that DSPS publish an annual list of all
retailers licensed by DSPS to distribute liquefied petroleum gas.
Frequency of review of certain local construction site erosion control
programs
The bill reduces the frequency with which DSPS must issue a written
determination regarding whether a political subdivision's program for erosion
control on construction sites for one-family and two-family dwellings is in
compliance with state standards. Under current law, if a political subdivision elects
to exercise jurisdiction over the construction and inspection of new one-family and
two-family dwellings, DSPS must periodically review the political subdivision's
ordinances related to construction site erosion control for compliance with state
standards. As part of the review, DSPS must perform an audit of the political
subdivision's construction site erosion control program and make a written
determination regarding whether the political subdivision is in compliance. The bill
changes the frequency of the DSPS written determination from three years to five
years.
Membership of certain boards and credentialing boards
Current law requires that the Marriage and Family Therapy, Professional
Counseling, and Social Work Examining Board include four social workers,
including one advanced practice social worker, one independent social worker, and
one clinical social worker. The bill eliminates the requirement that one of the four
social worker members on the board be an independent social worker. Under the bill,
that position may be filled by any type of social worker.
Current law requires that the Board of Nursing include five licensed registered
nurses (RNs), two licensed practical nurses (LPNs), and two public members. The
bill modifies the required composition of the board so that one of the two LPN
positions on the board may instead be filled by either an LPN or an RN.
Current law requires that the Real Estate Appraisers Board include three
appraisers, including one certified general appraiser, one certified residential
appraiser, and one licensed appraiser. The bill eliminates the requirement that one
of the three appraiser members on the board be a licensed appraiser. Under the bill,
that position may be filled by any type of appraiser. The bill also repeals a
requirement for the Real Estate Appraisers Board requiring that certain types of
members be present in order for quorum to be present.
Finally, the bill repeals a specific requirement for an individual to qualify as a
public member to serve on the Massage Therapy and Bodywork Therapy Affiliated
Credentialing Board.
Other changes
The bill makes various other changes to the laws governing the regulation of
professions and buildings and safety, including:

1. The bill makes various technical changes in the nursing practice law,
including changes regarding which individuals are required to complete the nursing
workforce survey.
2. The bill eliminates requirements that certain Cemetery Board filings be
notarized.
3. The bill changes the renewal date for physician assistants from March 1 of
each odd-numbered year to March 1 of each even-numbered year.
4. The bill provides that a mining inspector employed by DSPS must have
experience in underground mining or be a graduate of a recognized college with a
degree of mining engineering. Under current law, DSPS is allowed to employ a
mining inspector who is not a graduate only if the inspector has at least ten years
experience.
For further information see the state and local 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:
AB903,1 1Section 1. 15.405 (7c) (am) (intro.) of the statutes is amended to read:
AB903,3,32 15.405 (7c) (am) (intro.) The 4 members appointed under par. (a) 1. shall
3consist include all of the following:
AB903,2 4Section 2. 15.405 (7c) (am) 1. of the statutes is amended to read:
AB903,3,65 15.405 (7c) (am) 1. One At least one member who is certified under ch. 457 as
6an advanced practice social worker.
AB903,3 7Section 3. 15.405 (7c) (am) 2. of the statutes is repealed.
AB903,4 8Section 4. 15.405 (7c) (am) 3. of the statutes is amended to read:
AB903,3,109 15.405 (7c) (am) 3. One At least one member who is licensed under ch. 457 as
10a clinical social worker.
AB903,5 11Section 5. 15.405 (7g) of the statutes is amended to read:
AB903,4,612 15.405 (7g) Board of nursing. There is created a board of nursing in the
13department of safety and professional services. The board of nursing shall consist
14of the following members appointed for staggered 4-year terms: 5 currently licensed

1registered nurses under ch. 441; 2 one currently licensed practical nurses nurse
2under ch. 441; one member who is either a licensed registered nurse or a licensed
3practical nurse under ch. 441;
and 2 public members. Each registered nurse member
4shall have graduated from a program in professional nursing and each practical
5nurse member shall have graduated from a program in practical nursing accredited
6by the state in which the program was conducted.
AB903,6 7Section 6. 15.405 (10r) (b) of the statutes is amended to read:
AB903,4,148 15.405 (10r) (b) Of the appraiser members of the board, at least one shall be
9certified under s. 458.06 as a general appraiser, and at least one shall be certified
10under s. 458.06 as a residential appraiser and one shall be licensed under s. 458.08
11as an appraiser
. No public member of the board may be connected with or have any
12financial interest in an appraisal business or in any other real estate-related
13business. Section 15.08 (1m) (am) applies to the public members of the board. No
14member of the board may serve more than 2 consecutive terms.
AB903,7 15Section 7. 15.405 (10r) (c) of the statutes is repealed.
AB903,8 16Section 8. 15.406 (6) (a) 2. of the statutes is amended to read:
AB903,4,1817 15.406 (6) (a) 2. One public member who satisfies the requirements under s.
18460.03 (2m) (b)
.
AB903,9 19Section 9. 101.12 (5) (b) of the statutes is amended to read:
AB903,5,220 101.12 (5) (b) A person requesting to inspect or copy plans shall submit a
21written application identifying the structure or proposed structure whose plans are
22sought to be inspected or copied, providing the full name and address of the requester
23and stating that any information obtained from the inspection or copying will not be
24used for any unlawful or unfair competitive purpose and that the information set
25forth in the application is true and correct. The department, city, village, town or

1county shall promptly transmit a copy of the application to the owner of the structure
2or proposed structure and the submitter of the plans being inspected or copied.
AB903,10 3Section 10. 101.15 (2) (d) 1. of the statutes is amended to read:
AB903,5,64 101.15 (2) (d) 1. Employ additional mining inspectors, who each of whom shall
5have had at least 10 years experience in underground mining or be a graduate of a
6recognized college with a degree of mining engineering.
AB903,11 7Section 11. 101.16 (3g) (a) of the statutes is renumbered 101.16 (3g).
AB903,12 8Section 12. 101.16 (3g) (b) of the statutes is repealed.
AB903,13 9Section 13. 101.653 (5) (b) 2. of the statutes is amended to read:
AB903,5,1110 101.653 (5) (b) 2. A written determination by the department, issued every 3
115 years, of whether or not the county, city, village, or town complies with par. (a).
AB903,14 12Section 14. 118.135 (2) of the statutes is amended to read:
AB903,5,1713 118.135 (2) A pupil who complies with a request under sub. (1) shall provide
14evidence of an eye examination or evaluation by December 31 following the pupil's
15enrollment in kindergarten. The school board or charter school shall provide pupils
16with the form distributed by the department of safety and professional services
17under s. 440.03 (16) for that purpose.
AB903,15 18Section 15. 157.63 (2) (b) of the statutes is amended to read:
AB903,5,2319 157.63 (2) (b) A notarized statement of a person who is legally authorized to
20act on behalf of the religious association under this section that, during the reporting
21period under s. 157.62, each cemetery and the cemetery authority of each cemetery
22specified under par. (a) have either fully complied or have substantially complied
23with ss. 157.11 (9g) (c) and 157.12 (3).
AB903,16 24Section 16. 440.03 (16) of the statutes is repealed.
AB903,17 25Section 17. 440.04 (9) of the statutes is repealed.
AB903,18
1Section 18. 440.08 (2) (a) 59. of the statutes is amended to read:
AB903,6,32 440.08 (2) (a) 59. Physician assistant: March 1 of each odd-numbered
3even-numbered year.
AB903,19 4Section 19. 440.11 (3) of the statutes is repealed.
AB903,20 5Section 20. 440.92 (9) (b) 3. of the statutes is amended to read:
AB903,6,116 440.92 (9) (b) 3. A notarized statement of a person who is legally authorized to
7act on behalf of the religious association under this subsection that, during the
812-month period immediately preceding the date on which the certification is filed
9with the board, each employee specified under subd. 2. and the cemetery authority
10have either fully complied or have substantially complied with subs. (2), (3) (a) and
11(b) and (5).
AB903,21 12Section 21. 441.01 (7) (a) (intro.) of the statutes is amended to read:
AB903,6,1613 441.01 (7) (a) (intro.) The board shall require each applicant for the renewal
14of a registered nurse or licensed practical nurse license, certificate, or permit issued
15under this chapter to do all of the following as a condition for renewing the license,
16certificate, or permit:
AB903,22 17Section 22. 441.01 (7) (a) 1. of the statutes is amended to read:
AB903,6,2018 441.01 (7) (a) 1. Complete and submit to the department with the application
19for renewal of the license, certificate, or permit a nursing workforce survey developed
20by the department of workforce development under s. 106.30 (2).
AB903,23 21Section 23. 441.01 (7) (b) of the statutes is amended to read:
AB903,7,322 441.01 (7) (b) The board may not renew a registered nurse or licensed practical
23nurse
license, certificate, or permit under this chapter unless the renewal applicant
24has completed the nursing workforce survey to the satisfaction of the board. The
25board shall establish standards to determine whether the survey has been

1completed. The board shall, by no later than June 30 of each odd-numbered year,
2submit all completed nursing workforce survey forms to the department of workforce
3development.
AB903,24 4Section 24. 441.06 (3) of the statutes is amended to read:
AB903,7,95 441.06 (3) A registered nurse practicing for compensation shall, on or before
6the applicable renewal date specified under s. 440.08 (2) (a), submit to the board on
7furnished forms a statement giving name, residence, and other facts that the board
8requires, with the nursing workforce survey and fee required under s. 441.01 (7) and
9the applicable renewal fee determined by the department under s. 440.03 (9) (a).
AB903,25 10Section 25. 441.08 of the statutes is amended to read:
AB903,7,20 11441.08 Temporary permit. A nurse who has graduated from a school
12approved by the board or that the board has authorized to admit students pending
13approval but who is not licensed in this state may be granted a temporary permit
14upon payment of the fee specified in s. 440.05 (6) by the board to practice for
15compensation until the nurse can qualify for licensure. The temporary permit may
16be renewed once. Each applicant for renewal of a temporary permit under this
17section shall complete the nursing workforce survey and pay the fee required under
18s. 441.01 (7).
Further renewals may be granted in hardship cases. The board may
19promulgate rules limiting the use and duration of temporary permits and providing
20for revocation of temporary permits.
AB903,26 21Section 26. 441.15 (3) (b) of the statutes is amended to read:
AB903,8,922 441.15 (3) (b) On or before the applicable renewal date specified under s. 440.08
23(2) (a), a person issued a license under par. (a) and practicing nurse-midwifery shall
24submit to the board on furnished forms a statement giving his or her name,
25residence, the nursing workforce survey and fee required under s. 441.01 (7), and

1other information that the board requires by rule, with the applicable renewal fee
2determined by the department under s. 440.03 (9) (a). If applicable, the person shall
3also submit evidence satisfactory to the board that he or she has in effect the
4malpractice liability insurance required under the rules promulgated under sub. (5)
5(bm). The board shall grant to a person who pays the fee determined by the
6department under s. 440.03 (9) (a) for renewal of a license to practice
7nurse-midwifery and who satisfies the requirements of this paragraph the renewal
8of his or her license to practice nurse-midwifery and the renewal of his or her license
9to practice as a registered nurse.
AB903,27 10Section 27. 441.16 (3) (d) of the statutes is amended to read:
AB903,8,1411 441.16 (3) (d) Establishing procedures for maintaining a certificate to issue
12prescription orders, including requirements for continuing education and a
13requirement to complete the nursing workforce survey and submit the fee required
14under s. 441.01 (7)
.
AB903,28 15Section 28. 448.13 (1) (a) (intro.) of the statutes is amended to read:
AB903,8,1916 448.13 (1) (a) (intro.) Except as provided in par. (b), each physician shall, in
17each 2nd year at the time of
include with his or her application for a certificate of
18registration under s. 448.07, submit proof of attendance at and completion of all of
19the following:
AB903,29 20Section 29. 448.13 (2) of the statutes is amended to read:
AB903,8,2421 448.13 (2) Each person licensed as a perfusionist shall, in each 2nd year at the
22time of
include with his or her application for a certificate of registration under s.
23448.07, submit proof of completion of continuing education requirements
24promulgated by rule by the board.
AB903,30 25Section 30. 448.13 (3) of the statutes is amended to read:
AB903,9,5
1448.13 (3) Each person licensed as an anesthesiologist assistant shall, in each
22nd year at the time of
include with his or her application for a certificate of
3registration under s. 448.07, submit proof of meeting the criteria for recertification
4by the National Commission on Certification of Anesthesiologist Assistants or by a
5successor entity, including any continuing education requirements.
AB903,31 6Section 31. 470.05 of the statutes is amended to read:
AB903,9,14 7470.05 Examination. Beginning no later than January 1, 2000, the
8appropriate section of the examining board shall conduct or arrange for
9examinations for licensure as a professional geologist, hydrologist or soil scientist at
10least semiannually and at times and places determined by the section.

11Examinations for licensure under this section chapter shall require an applicant to
12demonstrate minimum competency in the principles and practice of subjects
13substantially related to the practice of professional geology, hydrology , or soil science
14and may consist of one or more written or oral tests, or both.
AB903,9,1515 (End)
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