AB759: Bill Text

Note: This Section deletes the prohibition against practicing as a public accountant in this state unless the person is granted a certificate of authority. Certificates of authority for public accountants are no longer granted in this state.

AB759, s. 13 Section 13. 442.03 (3) of the statutes is amended to read:

AB759,8,19 442.03 (3) No corporation or other entity and no officer, partner, stockholder or employe thereof may lawfully practice in this state as a public accountant or a certified public accountant either in the entity's or person's name, or as an employe or under an assumed name, unless the natural person has been granted by this examining board a certificate of authority as a certified public accountant and unless the person or entity, jointly and severally, has complied with all the provisions of this chapter, including licensure.

Note: This Section deletes references to a public accountant granted a certificate of authority from the statute authorizing licensure of corporations or other entities and officers, partners, stockholders and employes thereof as certified public accountants. Certificates of authority for public accountants are no longer granted in this state.

AB759, s. 14 Section 14. 442.04 (3) of the statutes is repealed.

Note: This Section deletes an obsolete statute which refers to qualifications for applicants for a certificate as a certified public accountant before July 1, 1968.

AB759, s. 15 Section 15. 442.04 (5) of the statutes is amended to read:

AB759,9,19 442.04 (5) No certificate as a certified public accountant may be granted to any person other than a person who is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, and, except as provided in s. 442.05, has successfully passed a written examination in such subjects affecting accountancy as the examining board deems necessary, and, if the application was made before July 1, 1968, has had at least 3 years of accounting experience, equivalent to that of a senior in public practice. The examining board may accept evidence of sufficient technical education in accountancy in lieu of 1 1/2 years of public accounting experience. If the application was after that date and the. The applicant has had shall have at least 1 1/2 years accounting experience equivalent to that of a senior in public practice, the sufficiency of the experience to be judged by the examining board, the. The examining board may supplement the written examination by an interview and may use the examination service provided by the American institute of certified public accountants. The examining board shall ensure that evaluation procedures and examinations are nondiscriminatory, relate directly to accountancy and are designed to measure only the ability to perform competently as an accountant.

Note: This Section deletes obsolete references to qualifications needed for applicants for a certificate as a certified public accountant if application was made before July 1, 1968.

AB759, s. 16 Section 16. 442.06 of the statutes is repealed.

Note: This Section deletes an obsolete statute authorizing the accounting examining board to issue certificates of authority to practice public accounting.

AB759, s. 17 Section 17. 442.07 (title) of the statutes is amended to read:

AB759,10,3 442.07 (title) Requirements for practice as certified public accountant or public accountant.

AB759, s. 18 Section 18. 442.07 (1) of the statutes is amended to read:

AB759,10,16 442.07 (1) Any person who has been issued a certificate of the person's qualifications to practice as a certified public accountant, shall be styled and known as a "certified public accountant" and no other person shall assume to use such title or the abbreviation "C.P.A." or any other word, words, letters or figures to indicate that the person using the same is a certified public accountant. The terms "chartered accountant", "public accountant" and "certified accountant" and the abbreviation "C.A." are specifically prohibited to such other persons as being prima facie misleading to the public. Any person who has been issued a certificate of authority, as herein provided, shall be styled and known as a "public accountant" and no other person, other than a certified public accountant, shall assume to use such designation or any other word, words, letters or figures to indicate that such person is entitled to practice as a public accountant.

AB759, s. 19 Section 19. 442.07 (2) of the statutes is amended to read:

AB759,11,2 442.07 (2) No person may practice in this state as a certified public accountant or a public accountant, either in the person's name, under an assumed name, or as a member of a partnership, except as provided in s. 442.02 (10), unless the person has been granted a certificate by the examining board and secured a license for the current licensure period. No person may practice in this state as a certified public accountant, as an officer or director of a corporation engaged in the practice of public accounting, unless the corporation has secured a license for the current licensure period.

AB759, s. 20 Section 20. 442.07 (3) of the statutes is amended to read:

AB759,11,16 442.07 (3) Any partnership, which is entitled to practice as certified public accountants in this state or any other state, every resident member and resident manager of which is a certified public accountant of this state, after registering the partnership name with the examining board, may use the designation "certified public accountants" in connection with the partnership name. Any partnership, every member and resident manager of which is a certified public accountant of this state or any other state or holds a certificate of authority under this chapter, after registering the partnership name with the examining board, may use the designation "certified public accountants" in connection with the partnership name. An assumed name, in use prior to September 21, 1935, may be used the same as a partnership name, provided the individual persons practicing as principals under that name hold certificates granted by the examining board and register the name with the examining board.

Note: Sections 16 to 19 delete references to public accountants and certificates of authority for public accountants from the statute relating to requirements for practice, since these terms are obsolete.

AB759, s. 21 Section 21. 442.08 of the statutes is amended to read:

AB759,11,23 442.08 Licensure. Upon application by a holder of an unrevoked Wisconsin certificate as a certified public accountant or an unrevoked Wisconsin certificate of authority as provided for in this chapter, the department shall issue a license to the holder. A license shall also be issued to any partnership or corporation, upon application, which has complied with this chapter. The renewal date and renewal fee for licenses issued under this chapter are specified under s. 440.08 (2) (a).

Note: This Section deletes an obsolete reference to a certificate of authority as a public accountant from the statute relating to licensure of accountants.

AB759, s. 22 Section 22. 442.10 (1) of the statutes is amended to read:

AB759,12,12 442.10 (1) Whenever any person, as a certified public accountant or public accountant, signs or certifies any report, schedule or statement relative to the affairs of any corporation, association or partnership in which the person is financially interested or by which the person is regularly engaged as an officer or employe, the signature or certification shall be accompanied by a specific statement setting forth the fact that the person is financially interested in or is an officer or regular employe of the corporation, association or partnership. If the person is both financially interested and an officer or regular employe, the statement shall cover both financial interest and employment. In the case of a corporation holding a certificate of authority signing or certifying as above, the interest of any of its stockholders shall be disclosed.

Note: This Section deletes obsolete references to public accountants and certificates of authority from the statute relating to signing or certification of a report by an accountant, when the report relates to affairs in which the accountant has an interest.

AB759, s. 23 Section 23. 442.11 (4) of the statutes is repealed.

Note: This Section deletes obsolete references to public accountants holding certificates of authority from the statute relating to penalties for various accounting practice violations.

AB759, s. 24 Section 24. 442.11 (6) of the statutes is repealed.

Note: This Section deletes obsolete references to public accountants holding certificates of authority from the statute relating to penalties for various accounting practice violations.

AB759, s. 25 Section 25. 442.11 (7) of the statutes is amended to read:

AB759,12,17 442.11 (7) Who shall practice as a certified public accountant or as a public accountant after his or her certificate has been revoked; or

Note: This Section deletes an obsolete reference to public accountants from the statute relating to penalties for various accounting practice violations.

AB759, s. 26 Section 26. 442.11 (8) of the statutes is amended to read:

AB759,13,5 442.11 (8) Who shall as an individual, or, as a member of a partnership or as an officer or director of a corporation, practice or permit the partnership or corporation to practice as a certified public accountant or as a public accountant unless a license has been secured for the current licensure period; or

Note: This Section deletes an obsolete reference to public accountants from the statute relating to penalties for various accounting practice violations.

AB759, s. 27 Section 27. 442.11 (9) of the statutes is amended to read:

AB759,13,9 442.11 (9) Who shall sell, buy, give or obtain an alleged certificate as a certified public accountant, or a certificate of authority, or a license in any other manner than is provided for by this chapter; or

Note: This Section deletes an obsolete reference to certificates of authority from the statute relating to penalties for various accounting practice violations.

AB759, s. 28 Section 28. 442.11 (10) of the statutes is amended to read:

AB759,13,13 442.11 (10) Who attempts to practice as a certified public accountant or as a public accountant under guise of a certificate not granted by the examining board, or under cover of a certificate obtained illegally or fraudulently; or

Note: This Section deletes an obsolete reference to public accountants from the statute relating to penalties for various accounting practice violations.

AB759, s. 29 Section 29. 442.11 (13) of the statutes is amended to read:

AB759,13,20 442.11 (13) Who shall, as an individual, or as a member of a partnership or as an officer of a corporation, permit to be announced by printed or written statement that any report, certificate, exhibit, schedule or statement has been prepared by or under supervision of a certified public accountant or by or under supervision of a public accountant when the person who prepared the same was not such certified public accountant or public accountant.

Note: This Section deletes obsolete references to public accountants from the statute relating to penalties for various accounting practice violations.

AB759, s. 30 Section 30. 442.13 of the statutes is amended to read:

AB759,14,11 442.13 Ownership of accountant's working papers. All statements, records, schedules, working papers and memoranda made by a certified public accountant or public accountant incident to or in the course of professional service to clients by such accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of such accountant, in the absence of an express agreement between such accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners or new or successor partners of such accountant.

Note: This Section deletes obsolete references to public accountants from the statute relating to the ownership of an accountant's working papers.

AB759, s. 31 Section 31. 445.045 (1) (f) of the statutes is amended to read:

AB759,14,16 445.045 (1) (f) Have completed one year of apprenticeship as prescribed in s. 445.095 at any time after having completed one year of college work or equivalent education and either before or after taking the course in mortuary science required by par. (e).

Note: This Section deletes the provision in current law relating to eligibility for a funeral director's license which requires that a funeral director's apprenticeship be completed either before or after taking the course in mortuary science required by s. 445.045 (1) (e). This will allow the apprenticeship to be done concurrently while taking the mortuary science course.

AB759, s. 32 Section 32. 445.06 of the statutes is amended to read:

AB759,15,12 445.06 Renewal of licenses. The renewal date and renewal fee for a funeral directors' director's license are specified under s. 440.08 (2) (a). Before any renewal license is delivered to any licensed funeral director, proof must be furnished by the applicant, to the satisfaction of the examining board, that the applicant is doing business at a recognized funeral establishment, except that if such applicant is not doing business at a recognized funeral establishment at the time of application for a license, the applicant shall be given a certificate, without additional cost, to the effect that the applicant is in good standing as a funeral director, and inactive and is not doing business at a recognized funeral establishment. A person who is issued an inactive status certificate under this section shall be entitled to a renewal license at any time during that license period, when located at a recognized funeral establishment, without upon payment of any additional renewal the fee specified in s. 440.05 (7). The applicant must also furnish proof of completion of at least 15 hours of continuing education during the previous 2-year licensure period, except that new licensees are exempt from this requirement during the time between initial licensure and commencement of a full 2-year licensure period.

Note: This Section deletes a reference in current law to a funeral director in good standing and replaces it with the more accurate reference to an inactive funeral director who is not doing business at a recognized funeral establishment. It also authorizes an inactive funeral director to transfer to active status by paying the fee currently required for a transfer of a credential under s. 440.05 (7) (under current law, no fee is required).

AB759, s. 33 Section 33. 448.13 (1) of the statutes is amended to read:

AB759,15,22 448.13 (1) Each physician shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07, submit proof of attendance at and completion of continuing education programs or courses of study approved for at least 30 hours of credit by the board within the 2 calendar years immediately preceding the calendar year for which the registration is effective date of the physician's application for a certificate of registration. The board may waive this requirement if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a physician from meeting the requirement.

Note: This Section clarifies that a physician applying for renewal of his or her certificate of registration must submit proof that he or she has completed at least 30 hours of continuing education during the 2 years immediately preceding the date of the physician's application for renewal. Current law requires that the continuing education be completed within the 2 calendar years preceding the calendar year for which the certificate of registration is effective, which is confusing since a certificate of registration is not issued for a calendar year but for a 2-year period that begins on November 1 of each odd-numbered year.

AB759, s. 34 Section 34 . 449.01 (title) of the statutes is amended to read:

AB759,16,2 449.01 (title) Definitions; discrimination prohibited.

AB759, s. 35 Section 35. 449.01 (intro.) of the statutes is created to read:

AB759,16,4 449.01 (intro.) In this chapter:

AB759, s. 36 Section 36. 449.01 (1) of the statutes is renumbered 449.01 (5m).

AB759, s. 37 Section 37. 449.01 (1m) of the statutes is created to read:

AB759,16,8 449.01 (1m) Credential. "Credential" means a license, certification or certificate of registration that is issued under this chapter.

AB759, s. 38 Section 38. 449.01 (3) of the statutes is renumbered 449.015 and amended to read:

AB759,16,15 449.015 Discrimination prohibited. Any agency of the state, county, municipality or school district shall accept the optometric services , as defined listed in sub. (1), of s. 449.01 (5m) that are provided by optometrists licensed under this chapter, on the same basis as those of any other person authorized by law to render such services.

AB759, s. 39 Section 39. 449.01 (4) of the statutes is amended to read:

AB759,16,18 449.01 (4) (title) Examining board. In this chapter, "examining "Examining board" means optometry examining board.

AB759, s. 40 Section 40 . 449.07 (1) (intro.) of the statutes is amended to read:

AB759,17,2 449.07 (1) (intro.) The examining board, by order, may reprimand a credential holder and may deny, limit, suspend or revoke any license or certificate of registration credential if the licensee or registrant credential holder or applicant for a credential:

Note: Sections 34 to 40 establish the authority of the optometry examining board to deny a credential (defined as a license, certification or certificate of registration) to an applicant for a credential on the same grounds on which the optometry examining board may deny, limit, suspend or revoke the credential of a person who already holds the credential.

AB759, s. 41 Section 41. 449.18 (7) of the statutes is amended to read:

AB759,17,9 449.18 (7) The examining board shall promulgate rules requiring applicants for renewal under sub. (4) to attend continuing education courses approved by the examining board. The rules shall establish criteria for the approval of such courses and may not require an applicant for renewal to attend more than 30 hours of courses within the 2 calendar years immediately preceding the expiration date specified in sub. (4) of the applicant's application for renewal.

Note: This Section establishes that an optometrist who is certified to use therapeutic pharmaceuticals or to remove foreign bodies from an eye must complete at least 30 hours of continuing education during the 2-year period immediately preceding the date of his or her application for renewal of the certification. This eliminates the possibility that an optometrist applying for renewal of his or her certificate could take advantage of the 5-year credential renewal grace period created by 1991 Wisconsin Act 39 and satisfy the continuing education requirement using course work completed up to 7 years before the date of the renewal application.

AB759, s. 42 Section 42. 450.08 (2) (a) of the statutes is amended to read:

AB759,17,17 450.08 (2) (a) A pharmacist's license may be renewed by paying the applicable fee specified under s. 440.08 (2) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a). Failure to obtain renewal If a pharmacist fails to renew his or her license within the time period specified under this paragraph terminates the right of the person to be licensed as a s. 440.08 (3) (b), the pharmacist, and such right can may restore his or her license only be acquired by passing an examination to the satisfaction of the board.

Note: This Section reconciles the provision in current law that does not allow for renewal of a pharmacist's license without an examination once the license renewal date has passed with the general 5-year credential renewal grace period, created by 1991 Wisconsin Act 39, that allows the department of regulation and licensing or an examining board to renew a credential within 5 years after the credential renewal date without requiring the credential holder to pass an examination.

AB759, s. 43 Section 43. 632.87 (2) of the statutes is amended to read:

AB759,18,7 632.87 (2) No insurer may, under a contract or plan covering vision care services or procedures, refuse to provide coverage for vision care services or procedures provided by an optometrist licensed under ch. 449 within the scope of the practice of optometry, as defined in s. 449.01 (1) (5m), if the contract or plan includes coverage for the same services or procedures when provided by another health care provider.

AB759, s. 44 Section 44. 632.87 (2m) (a) (intro.) of the statutes is amended to read:

AB759,18,11 632.87 (2m) (a) (intro.) No health maintenance organization or preferred provider plan that provides vision care services or procedures within the scope of the practice of optometry, as defined in s. 449.01 (1) (5m), may do any of the following:

AB759, s. 45 Section 45. 632.87 (2m) (a) 2. of the statutes is amended to read:

AB759,18,18 632.87 (2m) (a) 2. Fail to provide to persons covered by the health maintenance organization or preferred provider plan, at the time vision care services or procedures are needed, the opportunity to choose optometrists from the listing under subd. 1. from whom the persons may obtain covered vision care services and procedures within the scope of the practice of optometry, as defined in s. 449.01 (1) (5m).

AB759, s. 46 Section 46. 632.87 (2m) (a) 4. of the statutes is amended to read:

AB759,19,3 632.87 (2m) (a) 4. When vision care services or procedures are deemed appropriate by the health maintenance organization or preferred provider plan, restrict or discourage a person covered by the health maintenance organization or preferred provider plan from obtaining covered vision care services or procedures, within the scope of the practice of optometry as defined in s. 449.01 (1) (5m), from participating optometrists solely on the basis that the providers are optometrists.

AB759,19,4 (End)