LRB-3675/2
JEO:skg:jlb
1995 - 1996 LEGISLATURE
January 2, 1996 - Introduced by
Law Revision Committee. Referred to Committee
on Consumer Affairs.
AB759,2,2
1An Act to repeal 440.08 (2) (a) 2., 442.03 (2), 442.04 (3), 442.06, 442.11 (4) and
2442.11 (6);
to renumber 449.01 (1);
to renumber and amend 449.01 (3);
to
3amend 45.353 (3), 66.044 (3), 100.03 (1) (e), 100.03 (1) (zp), 127.01 (1r), 127.01
4(25m) (b), 185.982 (1), 440.05 (intro.), 440.08 (2) (a) (intro.), 442.02 (7), 442.03
5(3), 442.04 (5), 442.07 (title), 442.07 (1), 442.07 (2), 442.07 (3), 442.08, 442.10
6(1), 442.11 (7), 442.11 (8), 442.11 (9), 442.11 (10), 442.11 (13), 442.13, 445.045
7(1) (f), 445.06, 448.13 (1), 449.01 (title), 449.01 (4), 449.07 (1) (intro.), 449.18 (7),
8450.08 (2) (a), 632.87 (2), 632.87 (2m) (a) (intro.), 632.87 (2m) (a) 2. and 632.87
9(2m) (a) 4.; and
to create 449.01 (intro.) and 449.01 (1m) of the statutes;
10relating to: requirements for person applying for a funeral director's license;
11inactive license status for funeral directors; public accountants practicing
12under a certificate of authority; qualifications for applicants for a certificate as
13a certified public accountant; continuing education requirements for
14physicians; the denial of applications for a credential by the optometry
15examining board; the continuing education requirements for certain
16optometrists; and examination requirements for a pharmacist who fails to
1renew his or her license (suggested as remedial legislation by the department
2of regulation and licensing).
Analysis by the Legislative Reference Bureau
This bill makes various changes relating to the licensure and regulation of
funeral directors, accountants, pharmacists, physicians and optometrists.
Funeral director's license requirements
Under current law, a person applying for a funeral director's license (applicant)
must satisfy a number of requirements relating to training and experience.
Specifically, an applicant must have 2 academic years of college instruction or other
equivalent education, and he or she must complete at least 9 months of instruction
in a mortuary science course approved by the funeral directors examining board after
completing his or her college education. In addition, an applicant must complete a
one-year apprenticeship at any time after one year of his or her college education and
either before or after taking the course in mortuary science.
This bill eliminates the requirement that an applicant complete his or her
apprenticeship either before or after taking a course in mortuary science. Thus,
under the bill an applicant can simultaneously be in an apprenticeship and enrolled
in a course in mortuary science.
Inactive license status for funeral directors
Under current law, a funeral director's license must be renewed on January 1
of each even-numbered year. An applicant for renewal of a funeral director's license
must furnish proof that he or she is doing business at a recognized funeral
establishment. However, if the applicant is not doing business at a recognized
funeral establishment at the time that he or she applies to renew his or license, the
funeral director examining board must, without additional cost, give the applicant
a certificate specifying that the applicant is in good standing as a funeral director
(certificate of good standing). A person who has been given a certificate of good
standing may be issued a renewal license without payment of any additional fee if
he or she begins doing business at a recognized funeral establishment during the
2-year license period.
This bill provides that, instead of issuing a certificate of good standing to a
funeral director who is not doing business at a recognized funeral establishment, the
funeral directors examining board must issue a certificate stating that the funeral
director is inactive. Under the bill, a funeral director who is inactive may transfer
to active status during the 2-year license period upon payment of the $10 fee for the
transfer of a credential.
Public accountants practicing under a certificate of authority and
qualifications for a certificate as a certified public accountant
Under current law, no person may practice public accounting as a certified
public accountant unless the accounting examining board has granted the person
both a certificate as a public accountant and a license as a certified public accountant.
In addition, no person may practice public accounting as a public accountant unless
the accounting examining board has granted the person both a certificate of
authority as a public accountant and a license as a public accountant.
Under current law, the accounting examining board may grant a certificate of
authority to practice as a public accountant only to persons who applied for the
certificate of authority before December 1, 1935. Thus, the accounting examining
board no longer grants certificates of authority to practice as a public accountant,
and there no longer are any public accountants practicing public accounting under
a certificate of authority. This bill eliminates the statutes providing for the granting
of certificates of authority and eliminates references in the statutes to public
accountants practicing under a certificate of authority.
In addition, current statutes specify that a person who applies for a certificate
as a certified public accountant before July 1, 1968, must satisfy certain education
and experience requirements. This bill eliminates these obsolete requirements.
Continuing education requirements for physicians
Under current law, a physician must renew his or her certificate of registration
on November 1 of each odd-numbered year. Every 2nd year, at the time a physician
applies for renewal of his or her certificate of registration, he or she must submit
proof of attendance at and completion of 30 hours of continuing education courses.
The physician must have attended and completed the courses within the 2 calendar
years preceding the calendar year for which the certificate of registration is effective.
This bill changes the time period during which a physician must attend and
complete continuing education courses from the 2 calendar years preceding the date
for which the certificate of registration is effective to the 2-year period preceding the
date of the physician's application for renewal of his or her certificate of registration.
Denial of an application for credential by optometry examining board
Under current law, the optometry examining board (board) may deny, limit,
suspend or revoke a license or certificate of registration or reprimand the holder of
a license or certificate of registration if the holder of the license or certificate of
registration engages in certain specified prohibited activities.
This bill defines "credential" to mean a license, certificate or certificate of
registration issued by the board. The bill authorizes the board to deny a credential
to an applicant for that credential if the applicant has engaged in any of the specified
prohibited activities.
Continuing education requirements for certain optometrists
Current law authorizes the optometry examining board to certify an
optometrist to use therapeutic pharmaceuticals and to remove foreign bodies from
an eye. Such a certification expires on January 1 of each even-numbered year.
Current law requires that an optometrist who applies for renewal of his or her
certification must complete 30 hours of continuing education courses within the 2
calendar years immediately preceding the January 1 expiration date. This bill
requires the applicant for renewal of the certification to complete the continuing
education courses within the 2 years immediately preceding the date of the
applicant's application for renewal.
Pharmacist license renewal
Under current law, a pharmacist who fails to renew his or her license by the date
specified in the statutes (June 1 of each even-numbered year) is no longer eligible
for a license and may be relicensed only after passing an examination. This bill
permits the pharmacy examining board to allow a pharmacist to renew his or her
license within 5 years after the renewal date of the license without having to take and
pass an examination.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of regulation and licensing and introduced by the
law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of this bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB759, s. 1
1Section
1. 45.353 (3) of the statutes is amended to read:
AB759,5,72
45.353
(3) Application by any such state veterans organization shall be filed
3annually with the department for the 12-month period commencing on April 1 and
4ending on March 31 of the year in which it is filed. An application shall contain a
5statement of salaries and travel expenses paid to employes engaged in veterans
6claims service maintained at the regional office by such state veterans organization
7covering the period for which application for a grant is made, which statement has
8been certified as correct by
an a certified public accountant
certified licensed under
9ch. 442 and sworn to as correct by the adjutant or principal officer of the state
10veterans organization. The application shall also contain the state organization's
11financial statement for its last completed fiscal year and such evidence of claims
12service activity as the department requires. Sufficient evidence shall be submitted
13with an initial application to establish that the state veterans organization, or its
14national organization, or both, has maintained a full-time service office at the
1regional office without interruption throughout 5 years out of the 10-year period
2immediately preceding such application. Subsequent applications must be
3accompanied by an affidavit by the adjutant or principal officer of such state veterans
4organization stating that a full-time service office was maintained at the regional
5office by such state veterans organization, or by such state organization and its
6national organization, for the entire 12-month period for which application for a
7grant is made.
Note: This Section clarifies a reference to accountants licensed under ch. 442 so
that it uses the term "certified public accountant", the only type of accountant now
licensed under that chapter.
AB759, s. 2
8Section
2. 66.044 (3) of the statutes is amended to read:
AB759,5,129
66.044
(3) The ordinance shall provide that the governing body of the city or
10village shall authorize an annual detailed audit of its financial transactions and
11accounts by a
certified public accountant licensed under ch. 442 and designated by
12the governing body.
Note: This Section adds the word "certified" to a reference to a public accountant
licensed under ch. 442, since that is now the only type of public accountant licensed under
that chapter.
AB759, s. 3
13Section
3. 100.03 (1) (e) of the statutes is amended to read:
AB759,5,1914
100.03
(1) (e) "Certified financial statement" means a financial statement that,
15in the accompanying opinion of an independent certified public accountant
or a
16public accountant holding a certificate of authority licensed under ch. 442, fairly and
17in all material respects represents the financial position of the contractor, the results
18of the contractor's operations and the contractor's cash flows in conformity with
19generally accepted accounting principles.
Note: This Section deletes an obsolete reference to a public accountant holding a
certificate of authority, since this type of accountant no longer exists.
AB759, s. 4
20Section
4. 100.03 (1) (zp) of the statutes is amended to read:
AB759,6,5
1100.03
(1) (zp) "Verified financial statement" means a contractor's financial
2statement that is compiled by an independent certified public accountant
or a public
3accountant holding a certificate of authority licensed under ch. 442 and that contains
4a notarized statement, signed and sworn to by the contractor or an officer of the
5contractor, that the financial statement is correct.
Note: This Section deletes an obsolete reference to a public accountant holding a
certificate of authority, since this type of accountant no longer exists.
AB759,6,128
127.01
(1r) "Audited financial statement" means a financial statement on
9which an independent certified public accountant
, or an independent public
10accountant holding a certificate of authority licensed under ch. 442
, has expressed
11an opinion according to generally accepted accounting principles and has conducted
12an audit according to generally accepted auditing standards.
Note: This Section deletes an obsolete reference to a public accountant holding a
certificate of authority, since this type of accountant no longer exists.
AB759,6,1815
127.01
(25m) (b) The financial statement is reviewed according to generally
16accepted accounting principles by an independent certified public accountant
or an
17independent public accountant who holds a certificate of authority
licensed under ch.
18442.
Note: This Section deletes an obsolete reference to a public accountant holding a
certificate of authority, since this type of accountant no longer exists.
AB759, s. 7
19Section
7. 185.982 (1) of the statutes is amended to read:
AB759,7,1220
185.982
(1) No sickness care plan or contract issued thereunder by such
21cooperative association shall interfere with the manner or mode of the practice of
1medicine, optometry, chiropractic or dentistry, the relationship of physician,
2chiropractor, optometrist or dentist and patient, nor the responsibility of physician,
3chiropractor, optometrist or dentist to patient. A plan may require persons covered
4to utilize health care providers designated by the cooperative association. The
5cooperative association may provide health care services directly through providers
6who are employes of the cooperative association or through agreements with
7individual providers or groups of providers organized on a group practice or
8individual practice basis. In making such agreements, no plan may refuse to provide
9coverage for vision care services or procedures provided by an optometrist licensed
10under ch. 449 within the scope of the practice of optometry, as defined in s. 449.01
11(1) (5m), if the plan provides coverage for the same services or procedures when
12provided by another health care provider.
AB759,7,17
15440.05 Standard fees. (intro.) The following standard fees apply to all initial
16credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51,
442.06, 444.03,
17444.05, 444.11, 449.17, 449.18 and 459.46:
AB759,7,2220
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
21442.06, 444.03, 444.05, 444.11, 448.065, 449.17, 449.18 and 459.46, the renewal
22dates and renewal fees for credentials are as follows:
Note: This Section repeals an obsolete reference to renewal of a license issued to
a public accountant, since this type of accountant no longer exists.
AB759, s. 11
1Section
11. 442.02 (7) of the statutes is amended to read: