AB915: Bill Text

LRB-5113/2

MDK&JS:all:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 915

March 17, 1998 - Introduced by Law Revision Committee. Referred to Committee on Consumer Affairs.

AB915,2,18 An Act to repeal 15.405 (6m) (c) 1., 15.405 (6m) (d) 1., 15.407 (4) (b) 1., 440.04 (8), 440.08 (2) (a) 2., 442.03 (2), 442.04 (3), 442.06, 442.11 (3), 442.11 (4), 442.11 (6), 458.08 (5), 459.22 (1) and subchapter III of chapter 459 [precedes 459.40]; to renumber and amend 15.405 (6m) (c) 2. and 15.405 (6m) (d) 2.; to amend 15.405 (6m) (e), 15.407 (4) (b) 2., 29.09 (9) (a) 1., 29.405 (1) (a), 45.353 (3), 49.45 (8) (a) 7., 66.044 (3), 77.54 (22) (b), 100.03 (1) (bm), 100.03 (1) (ym) 2., 102.01 (2) (c), 127.01 (1r), 127.01 (25m) (b), 127.06 (1) (e), 127.06 (1m) (e), 149.14 (3) (k), 149.14 (4) (h) and (i), 440.05 (intro.), 440.08 (2) (a) (intro.), 440.23 (1), 440.963 (1), 442.02 (7), 442.02 (9), 442.03 (3), 442.07 (title), 442.07 (1), 442.07 (2), 442.07 (3), 442.08, 442.10 (1), 442.11 (7), 442.11 (8), 442.11 (9), 442.11 (10), 442.11 (13), 442.13, 448.13 (1), 449.18 (7), 458.09 (2) (intro.), 459.01 (2), (3) and (5), 459.02, 459.03 (title), 459.03 (1), 459.03 (2) (b), 459.035, 459.04, 459.05 (1m), 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3), 459.07 (2), 459.08 (1), 459.085, 459.09, 459.10 (1) (d), (e), (j), (k) and (p), 459.14 (2), 459.22 (2) (b), 459.22 (2) (c), 459.24 (1m) and 968.27 (7) (b); to repeal and recreate 459.02, 459.03 (1), 459.09 and 459.22 (2) (b); and to create 448.03 (2) (L) of the statutes; relating to: eliminating outdated references to certificates of registration to practice audiology and speech-language pathology, and replacing the term "hearing aid" with "hearing instrument"; eliminating outdated references to transitional appraiser licenses; exempting certain persons who assist occupational therapists from licensure and certification requirements; use of titles and representations regarding Wisconsin registered interior designers by firms, partnerships and corporations; continuing education requirements for physicians and podiatrists; allowing the optometry examining board to deny, limit, suspend or revoke a certificate authorizing an optometrist to use topical ocular diagnostic or therapeutic pharmaceutical agents or to remove foreign bodies from an eye, and continuing education requirements for optometrists certified to use therapeutic pharmaceutical agents or to remove foreign bodies from an eye; and public accountants practicing under a certificate of authority and qualifications for applicants for a certificate as a certified public accountant (suggested as remedial legislation by the department of regulation and licensing).

Analysis by the Legislative Reference Bureau

Under current law, a person is not allowed to use a title related to audiology or speech-language pathology, or practice audiology or speech-language pathology, unless he or she is granted a license by the hearing and speech examining board (board). Prior to July 1, 1993, such persons were granted certificates of registration by the board. This bill eliminates all outdated references to audiology and speech-language pathology certificates of registration.

Under current law, a person may not fit or sell hearing aids unless he or she is granted a license by the board to practice as a hearing instrument specialist. "Hearing aid" is defined as a device that aids or compensates for impaired hearing. In addition, certain requirements apply to the fitting and sale of hearing aids by a person who is licensed by the board. This bill replaces the term "hearing aid" with the term "hearing instrument", which the bill defines to have the same meaning as "hearing aid" under current law.

This bill eliminates outdated references in state law to transitional appraiser licenses. Under current law, no transitional appraiser license granted by the department of regulation and licensing is valid after January 1, 1996.

Under current law, the medical examining board grants licenses and certificates that allow a person to engage in the following professions: occupational therapist, occupational therapy assistant, physician, physician assistant, podiatrist and respiratory care practitioner. A license or certificate is not required for a person who assists a respiratory care practitioner in practice under the direct, immediate and on-premises supervision of the respiratory care practitioner.

This bill exempts a person from the requirement to be licensed or certified by the medical examining board if he or she assists an occupational therapist or occupational therapy assistant in practice under the direct, immediate and on-premises supervision of the occupational therapist or occupational therapy assistant.

Under current law, a firm, partnership or corporation may use the term "Wisconsin registered interior designer" or "Wisconsin registered interior designers" and may advertise or represent that it provides the services of a Wisconsin registered interior designer only if at least one principal, partner or officer is an interior designer registered with the department of regulation and licensing and if he or she is responsible for the interior design services provided by the firm, partnership or corporation.

This bill allows a firm, partnership or corporation to use the term and advertise or make the representation if at least one employe meets these requirements.

Under current law, a physician or podiatrist must renew his or her certificate of registration on November 1 of each odd-numbered year. When a physician or podiatrist applies for renewal, he or she must submit proof that he or she attended and completed at least 30 hours of continuing education courses within the 2 calendar years preceding the calendar year for which his or her certificate of registration is effective.

This bill requires a physician or podiatrist to attend and complete the courses within the 2-year period preceding the date of his or her application for renewal, instead of within the 2 calendar years preceding the calendar year for which his or her certificate of registration is effective.

Under current law, a person may not practice optometry unless he or she is issued a license and a certificate of registration by the optometry examining board. An optometrist may not use topical ocular diagnostic pharmaceutical agents unless he or she is issued an additional certificate by the department of regulation and licensing specifically allowing him or her to do so. In addition, an optometrist may not use therapeutic pharmaceutical agents or remove foreign bodies from an eye unless he or she is issued an additional certificate by the board specifically allowing him or her to do so. The optometry examining board may deny, limit, suspend or revoke a license or certificate of registration, but not the other 2 certificates, if an optometrist engages in certain prohibited activities.

This bill provides that, if an optometrist engages in any of the prohibited activities, the optometry examining board may also deny, limit, suspend or revoke a certificate allowing him or her to use topical ocular diagnostic pharmaceutical agents or a certificate allowing him or her to use therapeutic pharmaceutical agents or to remove foreign bodies from an eye.

Also, under current law, a certificate that allows an optometrist to use therapeutic pharmaceutical agents or remove foreign bodies from an eye expires on January 1 of each even-numbered year. An optometrist who applies for renewal of this certificate must satisfy continuing education requirements established in rules promulgated by the optometry examining board. The rules may not require an optometrist to complete more than 30 hours of continuing education courses within the 2 calendar years immediately preceding the expiration date of the certificate.

This bill requires an optometrist who applies for renewal of the certificate to complete the continuing education courses within the 2 years immediately preceding the date of his or her application for renewal, instead of within the 2 calendar years immediately preceding the expiration date of the certificate.

Under current law, the accounting examining board regulates both public accountants and certified public accountants. A person may not practice as a public accountant unless he or she holds both a certificate of authority as a public accountant that is issued by the accounting examining board and a license. A person may not practice as a certified public accountant unless he or she holds a certificate as a certified public accountant that is issued by the accounting examining board and a license. The accounting examining board may issue a certificate of authority as a public accountant only to a person who applied for the certificate before December 1, 1935. This bill eliminates the certificate of authority as a public accountant.

Current law also provides that a person who applied for a certificate as a certified public accountant before July 1, 1968, must satisfy certain education and experience requirements. This bill eliminates these requirements.

For further information, see the Notes provided by the law revision committee of the joint legislative council.

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:

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 the 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.

AB915, s. 1 Section 1 . 15.405 (6m) (c) 1. of the statutes is repealed.

AB915, s. 2 Section 2. 15.405 (6m) (c) 2. of the statutes is renumbered 15.405 (6m) (c) and amended to read:

AB915,5,4 15.405 (6m) (c) One audiologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

AB915, s. 3 Section 3. 15.405 (6m) (d) 1. of the statutes is repealed.

AB915, s. 4 Section 4 . 15.405 (6m) (d) 2. of the statutes is renumbered 15.405 (6m) (d) and amended to read:

AB915,5,9 15.405 (6m) (d) One speech-language pathologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

AB915, s. 5 Section 5 . 15.405 (6m) (e) of the statutes is amended to read:

AB915,5,12 15.405 (6m) (e) Two public members. One of the public members shall be a hearing aid instrument user.

AB915, s. 6 Section 6 . 15.407 (4) (b) 1. of the statutes is repealed.

AB915, s. 7 Section 7 . 15.407 (4) (b) 2. of the statutes is amended to read:

AB915,5,16 15.407 (4) (b) 2. Two audiologists licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

AB915, s. 8 Section 8 . 29.09 (9) (a) 1. of the statutes is amended to read:

AB915,5,20 29.09 (9) (a) 1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

AB915, s. 9 Section 9 . 29.405 (1) (a) of the statutes is amended to read:

AB915,5,23 29.405 (1) (a) "Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

AB915, s. 10 Section 10 . 45.353 (3) of the statutes is amended to read:

AB915,6,20 45.353 (3) Application by any such state veterans organization shall be filed annually with the department for the 12-month period commencing on April 1 and ending on March 31 of the year in which it is filed. An application shall contain a statement of salaries and travel expenses paid to employes engaged in veterans claims service maintained at the regional office by such state veterans organization covering the period for which application for a grant is made, which statement has been certified as correct by an a certified public accountant certified licensed under ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall also contain the state organization's financial statement for its last completed fiscal year and such evidence of claims service activity as the department requires. Sufficient evidence shall be submitted with an initial application to establish that the state veterans organization, or its national organization, or both, has maintained a full-time service office at the regional office without interruption throughout 5 years out of the 10-year period immediately preceding such application. Subsequent applications must be accompanied by an affidavit by the adjutant or principal officer of such state veterans organization stating that a full-time service office was maintained at the regional office by such state veterans organization, or by such state organization and its national organization, for the entire 12-month period for which application for a grant is made.

AB915, s. 11 Section 11 . 49.45 (8) (a) 7. of the statutes is amended to read:

AB915,6,24 49.45 (8) (a) 7. "Speech-language pathologist" means an individual engaged in the practice of speech-language pathology, as regulated under ch. 459 has the meaning given in s. 459.20 (4).

AB915, s. 12 Section 12 . 66.044 (3) of the statutes is amended to read:

AB915,7,4 66.044 (3) The ordinance shall provide that the governing body of the city or village shall authorize an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed under ch. 442 and designated by the governing body.

AB915, s. 13 Section 13 . 77.54 (22) (b) of the statutes is amended to read:

AB915,7,8 77.54 (22) (b) Artificial limbs, artificial eyes, hearing aids instruments and other equipment worn as a correction or substitute for any functioning portion of the body.

AB915, s. 14 Section 14 . 100.03 (1) (bm) of the statutes is amended to read:

AB915,7,15 100.03 (1) (bm) "Audited financial statement" means a financial statement that, in the accompanying opinion of an independent certified public accountant or a public accountant holding a certificate of authority licensed under ch. 442, fairly and in all material respects represents the financial position of the contractor, the results of the contractor's operations and the contractor's cash flows in conformity with generally accepted accounting principles.

AB915, s. 15 Section 15 . 100.03 (1) (ym) 2. of the statutes is amended to read:

AB915,7,19 100.03 (1) (ym) 2. Reviewed according to generally accepted accounting principles by an independent certified public accountant or a public accountant holding a certificate of authority licensed under ch. 442.

AB915, s. 16 Section 16 . 102.01 (2) (c) of the statutes is amended to read:

AB915,8,2 102.01 (2) (c) "Injury" means mental or physical harm to an employe caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids instruments and eyeglasses, but, in the case of hearing aids instruments or eyeglasses, only if such damage or destruction resulted from accident which also caused personal injury entitling the employe to compensation therefor either for disability or treatment.

AB915, s. 17 Section 17 . 127.01 (1r) of the statutes is amended to read:

AB915,8,8 127.01 (1r) "Audited financial statement" means a financial statement on which an independent certified public accountant, or an independent public accountant holding a certificate of authority licensed under ch. 442, has expressed an opinion according to generally accepted accounting principles and has conducted an audit according to generally accepted auditing standards.

AB915, s. 18 Section 18. 127.01 (25m) (b) of the statutes is amended to read:

AB915,8,13 127.01 (25m) (b) The financial statement is reviewed according to generally accepted accounting principles by an independent certified public accountant or an independent public accountant who holds a certificate of authority licensed under ch. 442.

AB915, s. 19 Section 19. 127.06 (1) (e) of the statutes is amended to read:

AB915,8,21 127.06 (1) (e) The department may extend the filing deadline under par. (a) 2. by up to 30 days in response to a written request from a warehouse keeper or an independent certified public accountant, or an independent public accountant holding a certificate of authority licensed under ch. 442, that is auditing or reviewing the financial statement for a warehouse keeper if the department receives the request on or before the 5th day of the 4th month beginning after the close of the warehouse keeper's fiscal year and if the request states the reason for the extension.

AB915, s. 20 Section 20 . 127.06 (1m) (e) of the statutes is amended to read:

AB915,9,4 127.06 (1m) (e) The department may extend the filing deadline under par. (b) 2. by up to 30 days in response to a written request from a grain dealer or an independent certified public accountant, or an independent public accountant who holds a certificate of authority licensed under ch. 442, that is auditing or reviewing the financial statement for a grain dealer, if the department receives the written request on or before the 5th day of the 4th month beginning after the close of the grain dealer's fiscal year and if the request states the reason for the extension.

AB915, s. 21 Section 21 . 149.14 (3) (k) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB915,9,9 149.14 (3) (k) Rental or purchase, as appropriate, of durable medical equipment or disposable medical supplies, other than eyeglasses and hearing aids instruments.

AB915, s. 22 Section 22 . 149.14 (4) (h) and (i) of the statutes, as affected by 1997 Wisconsin Act 27, are amended to read:

AB915,9,12 149.14 (4) (h) Eyeglasses and hearing aids instruments.

AB915,9,14 (i) Routine physical examinations, including routine examinations to determine the need for eyeglasses and hearing aids instruments.

AB915, s. 23 Section 23 . 440.04 (8) of the statutes is repealed.

AB915, s. 24 Section 24 . 440.05 (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 273), is amended to read:

AB915,9,20 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 442.06, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18 and 459.46:

AB915, s. 25 Section 25 . 440.08 (2) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 273), is amended to read:

AB915,9,25 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 442.06, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 448.065, 447.04 (2) (c) 2., 449.17 , and 449.18 and 459.46, the renewal dates and renewal fees for credentials are as follows:

AB915, s. 26 Section 26 . 440.08 (2) (a) 2. of the statutes is repealed.

AB915, s. 27 Section 27 . 440.23 (1) of the statutes is amended to read:

AB915,10,7 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, 444.05, or 444.11 or 459.46 (2) (b) by check and the check is not paid by the bank upon which the check is drawn, the department may cancel the credential on or after the 60th day after the department receives the notice from the bank, subject to sub. (2).