1999 Wisconsin Act 9

(a) An affirmation by the applicant that the information that he or she is supplying on the application is true and complete.

(b) A statement that the applicant authorizes the affiliated credentialing board to have access to any of the following:

1. The applicant's records at the college or university at which he or she received the bachelor's degree required under sub. (1) (e).

2. The records of any credentialing authority in any licensing jurisdiction in the United States or in any foreign country that has granted the applicant a credential in athletic training.

448.954 Examination. (1) The affiliated credentialing board shall conduct or arrange for examinations for athletic trainer licensure at least semiannually and at times and places determined by the affiliated credentialing board. Examinations shall consist of written or oral tests, or both, requiring applicants to demonstrate minimum competency in subjects substantially related to athletic training.

(2) In lieu of an examination under sub. (1), the affiliated credentialing board may accept the results of an examination administered by the National Athletic Trainers Association Board of Certification.

448.9545 Continuing education. (1) (a) To be eligible for renewal of a license issued under s. 448.953 (1) or (2), a licensee shall, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), complete not less than 30 credit hours of continuing education in courses of study approved by the affiliated credentialing board.

(b) No more than 10 credit hours of the continuing education required under par. (a) may be on any of the following subject areas or combination of subject areas:

1. Management.

2. Risk management.

3. Personal growth.

4. Educational techniques.

(2) The affiliated credentialing board may approve any of the following courses for continuing education credit:

(a) A course that has been approved for continuing education credit by the National Athletic Trainers Association Board of Certification.

(b) Any course that satisfies all of the following:

1. The course is directly related to the practice of athletic training or sports medicine and lasts at least one hour.

2. Each member of the course faculty has expertise in the subject area of the course because he or she has received a degree from an accredited college or university relating to the subject area, has experience or special training in the subject area covered by the course or has previously taught the subject area covered by the course.

3. The course has specific written objectives describing the goals of the course for the participants.

4. The sponsor of the course keeps attendance records for the course and retains copies of those records for at least 4 years after the date of the course.

448.955 Issuance of license; expiration and renewal. (1) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under s. 448.953 (3) or (4), are specified under s. 440.08 (2) (a).

(2) Renewal applications shall be submitted to the department on a form provided, subject to sub. (3), by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and evidence satisfactory to the affiliated credentialing board that the licensee has all of the following:

(a) Completed, during the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a), the continuing education requirements specified in s. 448.9545.

(b) Current certification in cardiopulmonary resuscitation.

(c) Liability insurance or a surety bond in at least the minimum amount required by the rules promulgated under s. 448.9525 (1) (d).

(3) A renewal application form for renewal of a license issued under this subchapter shall include all of the following:

(a) A place for the licensee to describe his or her work history, including the average number of hours worked each week, for the 2-year period immediately preceding the renewal date specified in s. 440.08 (2) (a).

(c) A statement, signed by the licensee and the licensee's consulting physician, that a current copy of the protocol required under s. 448.956 (1) is on file at the place of employment of the athletic trainer and of the consulting physician.

448.956 Practice requirements. (1) (a) A licensee may engage in athletic training only in accordance with an evaluation and treatment protocol that is established by the athletic trainer and approved by the consulting physician in accordance with the rules promulgated under s. 448.9525 (2) and recorded on a protocol form prescribed by the affiliated credentialing board under s. 448.9525 (1) (c).

(am) A protocol established under par. (a) shall require an athletic trainer to notify the consulting physician as soon as possible if a person being treated by the athletic trainer sustains new injuries.

(b) A licensee shall have a copy of the protocol established under par. (a) at his or her place of employment at all times.

(c) A protocol established under par. (a) shall be updated no later than 30 days before the date specified in s. 440.08 (2) (a) 14f.

(2) In addition to engaging in athletic training under a protocol established under sub. (1), a licensee may do any of the following:

(a) Monitor the general behavior and general physical response of a person to treatment and rehabilitation, including monitoring whether the person's behavior or response show abnormal characteristics and monitoring whether the person exhibits abnormal signs or symptoms.

(b) Suggest modifications in treatment or rehabilitation of an injured person to the consulting physician or any other health care provider who is providing treatment to the person.

(c) Develop and administer an athletic training program for a person. An athletic training program under this paragraph may include providing education and counseling to a person.

(3) When working on behalf of his or her primary employer, a licensee may, in accordance with a protocol established under sub. (1) (a), do all of the following:

(a) Treat and rehabilitate an athletic injury using cold, heat, light, sound, electricity, exercise, chemicals or mechanical devices.

(b) Evaluate and treat a person for an athletic injury that has not previously been diagnosed.

(c) Treat or rehabilitate an employe of the primary employer with an injury that is identical to an athletic injury and that has resulted from an occupational activity as directed, supervised and inspected by a physician, as defined in s. 448.01 (5), or by a person licensed under s. 446.02, who has the power to direct, decide and oversee the implementation of the treatment or rehabilitation.

(4) If a licensee or the consulting physician of the licensee determines that a patient's medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448 and who can provide appropriate treatment to the patient.

(5) A licensee shall modify or terminate treatment of a patient that is not beneficial to a patient or that the patient cannot tolerate.

448.957 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

(2) Subject to the rules promulgated under s. 440.03 (1), the affiliated credentialing board may reprimand a licensee or may deny, limit, suspend or revoke a license granted under this subchapter if it finds that the applicant or licensee has done any of the following:

(a) Made a material misstatement in an application for a license or for renewal of a license.

(b) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the practice of athletic training.

(c) Advertised in a manner that is false, deceptive or misleading.

(d) Advertised, practiced or attempted to practice under another's name.

(e) Subject to ss. 111.321, 111.322 and 111.34, practiced athletic training while the applicant's or licensee's ability to practice was impaired by alcohol or other drugs.

(f) Engaged in unprofessional or unethical conduct.

(g) Engaged in conduct while practicing athletic training that evidences a lack of knowledge or ability to apply professional principles or skills.

(h) Failed to cooperate with the affiliated credentialing board in an investigation under this section.

(i) Aided another person in violating this subchapter or any rule promulgated under this subchapter.

(j) Violated this subchapter or any rule promulgated under this subchapter.

(3) In addition to or in lieu of the penalties provided under sub. (2), the affiliated credentialing board may assess against an applicant or licensee a forfeiture of not more than $10,000 for each violation specified under sub. (2).

448.958 Injunctive relief. If the affiliated credentialing board has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, the affiliated credentialing board, the department, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of this state to enjoin the person from the violation.

448.959 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

9,2923v Section 2923v. 450.10 (3) (a) 5q. of the statutes is created to read:

450.10 (3) (a) 5q. An athletic trainer licensed under subch. VI of ch. 448.

9,2924 Section 2924. 459.09 of the statutes is amended to read:

459.09 Renewal of license. Each person issued a license under this subchapter shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), pay to the department the applicable renewal fee specified under s. 440.08 (2) (a) and, for a license that expires on or after February 1, 2001, submit with the renewal application proof that he or she completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved or required under rules promulgated under s. 459.095. A licensee shall keep the certificate conspicuously posted in his or her office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting in each location.

9,2925 Section 2925. 459.22 (2) (e) of the statutes is amended to read:

459.22 (2) (e) Require an employe of a speech-language pathologist or audiologist individual to be licensed under this subchapter to assist in the practice of speech-language pathology or audiology under the direct supervision of the speech-language pathologist or audiologist.

9,2926 Section 2926. 459.24 (5) of the statutes is amended to read:

459.24 (5) Expiration and renewal. The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under sub. (6), are specified in s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in s. 440.08 (2) (a) and, for licenses that expire on or after February 1, 2001, proof that the applicant completed, within the 2 years immediately preceding the date of his or her application, 20 hours of continuing education programs or courses of study approved or required under rules promulgated under sub. (5m).

9,2926b Section 2926b. 551.32 (1) (bm) 1. (intro.) of the statutes is amended to read:

551.32 (1) (bm) 1. (intro.) In addition to information required under par. (b) and except as provided in par. (bs), an application under par. (a) shall contain the following:

9,2926e Section 2926e. 551.32 (1) (bs) of the statutes is created to read:

551.32 (1) (bs) 1. If an applicant for the issuance or renewal of a license under this section is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.

2. Any license issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1. is invalid.

9,2926m Section 2926m. 551.34 (1m) (a) 1. of the statutes is amended to read:

551.34 (1m) (a) 1. The applicant fails to provide the any information required under s. 551.32 (1) (bm) 1.

9,2926p Section 2926p. 551.34 (1m) (a) 3. of the statutes is amended to read:

551.34 (1m) (a) 3. The applicant is an individual who fails to provide his or her social security number, who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application is denied under this subdivision for delinquent payments is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

9,2926s Section 2926s. 551.34 (1m) (b) of the statutes is amended to read:

551.34 (1m) (b) The Unless s. 551.32 (1) (bs) 1. applies to the licensee, the division shall restrict or suspend a license under this subchapter if the licensee is an individual who fails to provide his or her social security number,. The division shall restrict or suspend a license under this subchapter if the licensee is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A licensee whose license is restricted or suspended under this paragraph is entitled to a notice and hearing under s. 49.857 but is not entitled to any other notice or hearing under this section.

9,2927a Section 2927a. 552.23 (1) of the statutes is amended to read:

552.23 (1) If the target company is an insurance company subject to regulation by the commissioner of insurance, a banking corporation subject to regulation by the division of banking, a savings bank or savings and loan association subject to regulation by the division of savings and loan institutions, or a company subject to regulation by the public service commission, the department of transportation or the office of the commissioner of railroads, the division of securities shall promptly furnish a copy of the registration statement filed under this chapter to the regulatory agency having supervision of the target company. Any hearing under this chapter involving any such target company shall be held jointly with the regulatory agency having supervision, and any determination following the hearing shall be made jointly with that regulatory agency.

9,2927m Section 2927m. 560.031 of the statutes is repealed and recreated to read:

560.031 Recycling market development. (1) In this section:

(d) "Responsible unit" has the meaning given in s. 287.01 (9).

(2) (a) At the request of the board, the department shall provide the financial assistance awarded by the board under subs. (3) and (4).

(b) 1. The department shall provide the financial assistance awarded under sub. (3) from the appropriations under s. 20.143 (1) (L) and (tm).

2. The department shall provide the financial assistance awarded under sub. (4) from the appropriation under s. 20.143 (1) (L).

(3) The board may award a grant, loan or manufacturing rebate under this subsection to a governmental unit or business entity for a project to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. Before awarding a grant, loan or manufacturing rebate, the board shall consider the extent to which the project does the following:

(a) Maximizes the marketability of recovered materials on a statewide basis.

(b) Minimizes the amount of recovered materials disposed of in landfills or burned without energy recovery in incinerators.

(c) Includes materials that are banned from landfills and that will support community recycling efforts.

(d) Maintains present markets or creates new or expanded markets for recovered materials.

(4) The board shall award a grant of $50,000 in each fiscal year to a private, nonprofit, industry-supported organization that is described in section 501 (c) (3) of the Internal Revenue Code and that provides waste reduction and recycling assistance through business-to-business peer exchange. An organization that is awarded a grant must be instrumental in assisting and encouraging companies and institutions to reduce their operating costs through improved production and solid waste management practices and must be in existence on the effective date of this subsection .... [revisor inserts date].