LRB-5113/2
MDK&JS:all:jf
1997 - 1998 LEGISLATURE
March 17, 1998 - Introduced by
Law Revision Committee. Referred to Committee
on Consumer Affairs.
AB915,2,18
1An Act to repeal 15.405 (6m) (c) 1., 15.405 (6m) (d) 1., 15.407 (4) (b) 1., 440.04
2(8), 440.08 (2) (a) 2., 442.03 (2), 442.04 (3), 442.06, 442.11 (3), 442.11 (4), 442.11
3(6), 458.08 (5), 459.22 (1) and subchapter III of chapter 459 [precedes 459.40];
4to renumber and amend 15.405 (6m) (c) 2. and 15.405 (6m) (d) 2.;
to amend
515.405 (6m) (e), 15.407 (4) (b) 2., 29.09 (9) (a) 1., 29.405 (1) (a), 45.353 (3), 49.45
6(8) (a) 7., 66.044 (3), 77.54 (22) (b), 100.03 (1) (bm), 100.03 (1) (ym) 2., 102.01 (2)
7(c), 127.01 (1r), 127.01 (25m) (b), 127.06 (1) (e), 127.06 (1m) (e), 149.14 (3) (k),
8149.14 (4) (h) and (i), 440.05 (intro.), 440.08 (2) (a) (intro.), 440.23 (1), 440.963
9(1), 442.02 (7), 442.02 (9), 442.03 (3), 442.07 (title), 442.07 (1), 442.07 (2), 442.07
10(3), 442.08, 442.10 (1), 442.11 (7), 442.11 (8), 442.11 (9), 442.11 (10), 442.11 (13),
11442.13, 448.13 (1), 449.18 (7), 458.09 (2) (intro.), 459.01 (2), (3) and (5), 459.02,
12459.03 (title), 459.03 (1), 459.03 (2) (b), 459.035, 459.04, 459.05 (1m), 459.06 (2)
13(a) (intro.) and 3. and (b) (intro.) and 4. and (3), 459.07 (2), 459.08 (1), 459.085,
14459.09, 459.10 (1) (d), (e), (j), (k) and (p), 459.14 (2), 459.22 (2) (b), 459.22 (2) (c),
1459.24 (1m) and 968.27 (7) (b);
to repeal and recreate 459.02, 459.03 (1),
2459.09 and 459.22 (2) (b); and
to create 448.03 (2) (L) of the statutes;
relating
3to: eliminating outdated references to certificates of registration to practice
4audiology and speech-language pathology, and replacing the term "hearing
5aid" with "hearing instrument"; eliminating outdated references to transitional
6appraiser licenses; exempting certain persons who assist occupational
7therapists from licensure and certification requirements; use of titles and
8representations regarding Wisconsin registered interior designers by firms,
9partnerships and corporations; continuing education requirements for
10physicians and podiatrists; allowing the optometry examining board to deny,
11limit, suspend or revoke a certificate authorizing an optometrist to use topical
12ocular diagnostic or therapeutic pharmaceutical agents or to remove foreign
13bodies from an eye, and continuing education requirements for optometrists
14certified to use therapeutic pharmaceutical agents or to remove foreign bodies
15from an eye; and public accountants practicing under a certificate of authority
16and qualifications for applicants for a certificate as a certified public accountant
17(suggested as remedial legislation by the department of regulation and
18licensing).
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
1Section
1
. 15.405 (6m) (c) 1. of the statutes is repealed.
AB915, s. 2
1Section
2. 15.405 (6m) (c) 2. of the statutes is renumbered 15.405 (6m) (c) and
2amended to read:
AB915,5,43
15.405
(6m) (c) One audiologist licensed under subch. II of ch. 459.
This
4subdivision applies after June 30, 1993.
AB915, s. 3
5Section
3. 15.405 (6m) (d) 1. of the statutes is repealed.
AB915, s. 4
6Section
4
. 15.405 (6m) (d) 2. of the statutes is renumbered 15.405 (6m) (d) and
7amended to read:
AB915,5,98
15.405
(6m) (d) One speech-language pathologist licensed under subch. II of
9ch. 459.
This subdivision applies after June 30, 1993.
AB915, s. 5
10Section
5
. 15.405 (6m) (e) of the statutes is amended to read:
AB915,5,1211
15.405
(6m) (e) Two public members. One of the public members shall be a
12hearing
aid instrument user.
AB915, s. 6
13Section
6
. 15.407 (4) (b) 1. of the statutes is repealed.
AB915, s. 7
14Section
7
. 15.407 (4) (b) 2. of the statutes is amended to read:
AB915,5,1615
15.407
(4) (b) 2. Two audiologists licensed under subch. II of ch. 459.
This
16subdivision applies after June 30, 1993.
AB915, s. 8
17Section
8
. 29.09 (9) (a) 1. of the statutes is amended to read:
AB915,5,2018
29.09
(9) (a) 1. "Accompanied" means being subject to continuous visual or
19voice contact without the aid of any mechanical or electronic amplifying device other
20than a hearing
aid instrument.
AB915, s. 9
21Section
9
. 29.405 (1) (a) of the statutes is amended to read:
AB915,5,2322
29.405
(1) (a) "Contact" means visual or voice contact without the aid of any
23mechanical or electronic amplifying device other than a hearing
aid instrument.
AB915, s. 10
24Section
10
. 45.353 (3) of the statutes is amended to read:
AB915,6,20
145.353
(3) Application by any such state veterans organization shall be filed
2annually with the department for the 12-month period commencing on April 1 and
3ending on March 31 of the year in which it is filed. An application shall contain a
4statement of salaries and travel expenses paid to employes engaged in veterans
5claims service maintained at the regional office by such state veterans organization
6covering the period for which application for a grant is made, which statement has
7been certified as correct by
an a certified public accountant
certified licensed under
8ch. 442 and sworn to as correct by the adjutant or principal officer of the state
9veterans organization. The application shall also contain the state organization's
10financial statement for its last completed fiscal year and such evidence of claims
11service activity as the department requires. Sufficient evidence shall be submitted
12with an initial application to establish that the state veterans organization, or its
13national organization, or both, has maintained a full-time service office at the
14regional office without interruption throughout 5 years out of the 10-year period
15immediately preceding such application. Subsequent applications must be
16accompanied by an affidavit by the adjutant or principal officer of such state veterans
17organization stating that a full-time service office was maintained at the regional
18office by such state veterans organization, or by such state organization and its
19national organization, for the entire 12-month period for which application for a
20grant is made.
AB915, s. 11
21Section
11
. 49.45 (8) (a) 7. of the statutes is amended to read:
AB915,6,2422
49.45
(8) (a) 7. "Speech-language pathologist"
means an individual engaged
23in the practice of speech-language pathology, as regulated under ch. 459 has the
24meaning given in s. 459.20 (4).
AB915, s. 12
25Section
12
. 66.044 (3) of the statutes is amended to read:
AB915,7,4
166.044
(3) The ordinance shall provide that the governing body of the city or
2village shall authorize an annual detailed audit of its financial transactions and
3accounts by a
certified public accountant licensed under ch. 442 and designated by
4the governing body.
AB915, s. 13
5Section
13
. 77.54 (22) (b) of the statutes is amended to read:
AB915,7,86
77.54
(22) (b) Artificial limbs, artificial eyes, hearing
aids instruments and
7other equipment worn as a correction or substitute for any functioning portion of the
8body.
AB915, s. 14
9Section
14
. 100.03 (1) (bm) of the statutes is amended to read:
AB915,7,1510
100.03
(1) (bm) "Audited financial statement" means a financial statement
11that, in the accompanying opinion of an independent certified public accountant
or
12a public accountant holding a certificate of authority licensed under ch. 442, fairly
13and in all material respects represents the financial position of the contractor, the
14results of the contractor's operations and the contractor's cash flows in conformity
15with generally accepted accounting principles.
AB915, s. 15
16Section
15
. 100.03 (1) (ym) 2. of the statutes is amended to read:
AB915,7,1917
100.03
(1) (ym) 2. Reviewed according to generally accepted accounting
18principles by an independent certified public accountant
or a public accountant
19holding a certificate of authority licensed under ch. 442.
AB915, s. 16
20Section
16
. 102.01 (2) (c) of the statutes is amended to read:
AB915,8,221
102.01
(2) (c) "Injury" means mental or physical harm to an employe caused
22by accident or disease, and also means damage to or destruction of artificial
23members, dental appliances, teeth, hearing
aids instruments and eyeglasses, but, in
24the case of hearing
aids instruments or eyeglasses, only if such damage or
1destruction resulted from accident which also caused personal injury entitling the
2employe to compensation therefor either for disability or treatment.
AB915, s. 17
3Section
17
. 127.01 (1r) of the statutes is amended to read: