Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,642,24 " Section 2922g. 440.947 of the statutes is created to read:

AB133-ASA1-CA1,643,2 440.947 Disclosures and representations for certain sales. (1) In this section:

AB133-ASA1-CA1,643,8 (a) "Cash advance item" means personal property or a service that is obtained by a person from a 3rd party and that is paid for by the person on behalf of, and subject to reimbursement from, a buyer of a casket, outer burial container or cemetery merchandise from the person. "Cash advance item" includes cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or vocalists, nurses, obituary notices, gratuities and death certificates.

AB133-ASA1-CA1,643,11 (b) "Direct cremation service" means the disposition of human remains by cremation without any formal viewing, visitation or ceremony in which the body of the deceased is present.

AB133-ASA1-CA1,643,12 (c) "Outer burial container" has the meaning given in s. 157.061 (11g).

AB133-ASA1-CA1,643,14 (d) "Person" does not include a person issued a funeral director's license under ch. 445 or an operator of a funeral establishment, as defined in s. 445.01 (7).

AB133-ASA1-CA1,643,18 (2) No person may sell or offer for sale a casket, outer burial container or cemetery merchandise unless the person has provided to the buyer, prior to the sale, a price list in a clearly legible and conspicuous format that includes each of the following:

AB133-ASA1-CA1,643,19 (a) The name, address and telephone number of the person's place of business.

AB133-ASA1-CA1,643,20 (b) The effective date of the price list.

AB133-ASA1-CA1,643,25 (c) The price and a description of each type of casket, outer burial container and cemetery merchandise that the person usually offers for sale without special ordering. A description required under this paragraph shall enable a buyer to identify and understand the specific casket, outer burial container or cemetery merchandise that is offered for sale.

AB133-ASA1-CA1,644,5 (d) If the person usually offers an outer burial container for sale without special ordering, a statement that is identical to the following: "State law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements."

AB133-ASA1-CA1,644,12 (e) The price and a description of any direct cremation or burial service offered by the person and, if the person offers direct cremation service, a statement that is identical to the following: "If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers that we provide are .... [insert a description of the containers offered for direct cremation]."

AB133-ASA1-CA1,644,15 (f) The price and a description of any service offered by the person for the use any facilities, equipment or staff related to a viewing, funeral ceremony, memorial service or graveside service.

AB133-ASA1-CA1,644,17 (g) The amount and a description of any basic service fee that is charged in addition to any price described under pars. (c), (e) or (f).

AB133-ASA1-CA1,644,20 (3) A person who sells a casket, outer burial container or cemetery merchandise shall, immediately after completing the sale, provide the buyer with a form in a clearly legible and conspicuous format that includes each of the following:

AB133-ASA1-CA1,644,22 (a) The price and a description of the casket, outer burial container or cemetery merchandise.

AB133-ASA1-CA1,644,24 (b) The price and a description of any service specified in sub. (2) (e) or (f) that is sold in addition to the casket, outer burial container or cemetery merchandise.

AB133-ASA1-CA1,645,2 (c) The amount and a description of any basic service fee that is charged in addition to any price described under par. (a) or (b).

AB133-ASA1-CA1,645,5 (d) A statement that the buyer may be charged only for the items that he or she has selected or that are required by law and a description and explanation of any items that he or she is required by law to purchase.

AB133-ASA1-CA1,645,9 (e) A description of any charge for a cash advance item, including any commission, discount or rebate that the person receives for a cash advance item from the 3rd party from which the cash advance item is obtained and that the person does not pass on to the buyer.

AB133-ASA1-CA1,645,11 (4) No person who sells a casket, outer burial container or cemetery merchandise may do any of the following:

AB133-ASA1-CA1,645,13 (a) Provide inaccurate information regarding the information specified in sub. (2) (c), (e), (f) or (g) to a prospective buyer who contacts the person by telephone.

AB133-ASA1-CA1,645,15 (b) Represent that state or local law requires a prospective buyer to purchase a casket for a direct cremation service.

AB133-ASA1-CA1,645,18 (c) Misrepresent to a prospective buyer any requirement under federal, state or local law or under the rules of any cemetery, mausoleum or crematory relating to the use of a casket, outer burial container or cemetery merchandise.

AB133-ASA1-CA1,645,21 (d) Represent that any casket, outer burial container or cemetery merchandise will delay the natural decomposition of human remains for a long or indefinite period of time.

AB133-ASA1-CA1,645,23 (e) Require a buyer to pay an additional fee or surcharge if the buyer purchases a casket, outer burial container or cemetery merchandise from a 3rd party.

AB133-ASA1-CA1,645,25 (f) Alter a price specified in sub. (2) (c), (e), (f) or (g) based on the type of casket, outer burial container or cemetery merchandise purchased by a buyer.

AB133-ASA1-CA1,646,6 (5) A person who sells a casket, outer burial container or cemetery merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the department upon request.

AB133-ASA1-CA1, s. 2922r Section 2922r. 440.95 (3) of the statutes is amended to read:

AB133-ASA1-CA1,646,10 440.95 (3) Except as provided in subs. (1) and (2), any person who violates s. 440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more than $1,000 or imprisoned for not more than 6 months or both.".

AB133-ASA1-CA1,646,11 1453. Page 1375, line 20: after that line insert:

AB133-ASA1-CA1,646,12 " Section 2923mm. 445.125 (1) (a) 2. of the statutes is amended to read:

AB133-ASA1-CA1,646,15 445.125 (1) (a) 2. Notwithstanding s. 701.12 (1), such agreements may be made irrevocable as to the first $2,000 $2,500 of the funds paid under the agreement by each depositor.".

AB133-ASA1-CA1, s. 2923mn Section 2923mn. 445.125 (1) (a) 2. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,646,20 445.125 (1) (a) 2. Notwithstanding s. 701.12 (1), such agreements may be made irrevocable as to the first $2,500 $3,000 of the funds paid under the agreement by each depositor.".

AB133-ASA1-CA1,646,21 1454. Page 1375, line 20: after that line insert:

AB133-ASA1-CA1,646,23 " Section 2923t. Subchapter VI of chapter 448 [precedes 448.95] of the statutes is created to read:

AB133-ASA1-CA1,646,24 Chapter 448

AB133-ASA1-CA1,647,3 Subchapter VI Athletic trainers affiliated credentialing board

AB133-ASA1-CA1,647,4 448.95 Definitions. In this subchapter:

AB133-ASA1-CA1,647,6 (1) "Affiliated credentialing board" means the athletic trainers affiliated credentialing board.

AB133-ASA1-CA1,647,8 (2) "Athlete" means a person participating in vigorous activities, sports, games or recreation.

AB133-ASA1-CA1,647,9 (3) "Athletic injury" means any of the following:

AB133-ASA1-CA1,647,11 (a) An injury or illness sustained by an athlete as a result of the athlete's participation in exercise, sports, games or recreation.

AB133-ASA1-CA1,647,13 (b) An injury or illness that impedes or prevents an athlete from participating in exercise, sports, games or recreation.

AB133-ASA1-CA1,647,14 (4) "Athletic trainer" means an individual who engages in athletic training.

AB133-ASA1-CA1,647,15 (5) "Athletic training" means doing any of the following:

AB133-ASA1-CA1,647,16 (a) Preventing, recognizing and evaluating athletic injuries.

AB133-ASA1-CA1,647,17 (b) Managing and administering the initial treatment of athletic injuries.

AB133-ASA1-CA1,647,18 (c) Giving emergency care or first aid for an athletic injury.

AB133-ASA1-CA1,647,19 (d) Rehabilitating and physically reconditioning athletic injuries.

AB133-ASA1-CA1,647,22 (5m) "Consulting physician" means a person licensed as a physician under subch. II who consults with an athletic trainer while the athletic trainer is engaging in athletic training.

AB133-ASA1-CA1,647,24 (6) "Licensee" means a person who is licensed as an athletic trainer under this subchapter.

AB133-ASA1-CA1,648,6 448.951 Use of title. Except as provided in s. 448.952, no person may designate himself or herself as an athletic trainer or use or assume the title "athletic trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic trainer" or append to the person's name any other title, letters or designation which represents or may tend to represent the person as an athletic trainer unless the person is licensed under this subchapter.

AB133-ASA1-CA1,648,8 448.952 Applicability. This subchapter does not require a license under this subchapter for any of the following:

AB133-ASA1-CA1,648,11 (1) Any person lawfully practicing within the scope of a license, permit, registration or certification granted by this state or the federal government, if the person does not represent himself or herself as an athletic trainer.

AB133-ASA1-CA1,648,14 (2) An athletic training student practicing athletic training within the scope of the student's education or training, if he or she clearly indicates that he or she is an athletic training student.

AB133-ASA1-CA1,648,19 (3) An athletic trainer who is in this state temporarily with an individual or group that is participating in a specific athletic event or series of athletic events and who is licensed, certified or registered by another state or country or certified as an athletic trainer by the Board of Certification of the National Athletic Trainers Association.

AB133-ASA1-CA1,648,21 448.9525 Duties of affiliated credentialing board. (1) The affiliated credentialing board shall do all of the following:

AB133-ASA1-CA1,648,23 (a) Maintain a complete list of athletic trainers licensed under this subchapter that includes the address of each person on the list.

AB133-ASA1-CA1,648,25 (b) Provide a copy of the list maintained under par. (a) to any person who requests a copy.

AB133-ASA1-CA1,649,1 (c) Prescribe a form for the recording of a protocol required under s. 448.956 (1).

AB133-ASA1-CA1,649,4 (d) Promulgate rules establishing the minimum amount of liability insurance or surety bonding that a licensee must have to be eligible for renewal of his or her license.

AB133-ASA1-CA1,649,7 (2) Subject to s. 448.956 (1), (4) and (5), the affiliated credentialing board and the medical examining board shall jointly promulgate rules relating to the minimum requirements of a protocol required under s. 448.956 (1).

AB133-ASA1-CA1,649,9 448.953 Licensure of athletic trainers. (1) The affiliated credentialing board shall grant an athletic trainer license to a person who does all of the following:

AB133-ASA1-CA1,649,11 (a) Submits an application for the license to the department on a form provided by the department.

AB133-ASA1-CA1,649,12 (b) Pays the fee specified in s. 440.05 (1).

AB133-ASA1-CA1,649,15 (c) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have an arrest or conviction record.

AB133-ASA1-CA1,649,18 (d) Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the affiliated credentialing board that he or she does not have a history of alcohol or other drug abuse.

AB133-ASA1-CA1,649,21 (e) Submits evidence satisfactory to the affiliated credentialing board that he or she has received at least a bachelor's degree from an accredited college or university.

AB133-ASA1-CA1,650,2 (f) Submits evidence satisfactory to the affiliated credentialing board that he or she has met the requirements for certification established by the National Athletic Trainers Association Board of Certification and has passed the certification examination administered by the National Athletic Trainers Association Board of Certification.

AB133-ASA1-CA1,650,3 (g) Provides all of the following information:

AB133-ASA1-CA1,650,6 1. A statement as to whether the person has been granted an athletic trainer credential from any licensing jurisdiction in the United States or in any foreign country.

AB133-ASA1-CA1,650,10 2. If the person has been granted an athletic trainer credential from any licensing jurisdiction in the United States or in any foreign country, a description of any disciplinary actions initiated against the person by the licensing jurisdiction that issued the credential.

AB133-ASA1-CA1,650,14 3. A statement as to whether the person has ever applied for an athletic trainer credential from any licensing jurisdiction in the United States or in any foreign country and had the application denied, along with a description of why the credential application was denied.

AB133-ASA1-CA1,650,15 (h) Passes an examination under s. 448.954.

AB133-ASA1-CA1,650,18 (2) The affiliated credentialing board may waive the requirements under sub. (1) (c) to (h) for an applicant for a license under sub. (1) who establishes to the satisfaction of the affiliated credentialing board all of the following:

AB133-ASA1-CA1,650,20 (a) That he or she has been issued a credential as an athletic trainer by another licensing jurisdiction in the United States.

AB133-ASA1-CA1,650,23 (b) That the jurisdiction that issued the credential under par. (a) has requirements for credentialing that are substantially equivalent to the requirements under sub. (1) (c) to (h).

AB133-ASA1-CA1,651,2 (3) (a) The affiliated credentialing board shall issue a temporary license to a person who satisfies the requirements under sub. (1) (a) and (c) to (g) and who pays the fee specified in s. 440.05 (6). The temporary license is valid for one year and may not be renewed.

AB133-ASA1-CA1,651,6 (b) If a person who is issued a temporary license under par. (a) submits, before the temporary license expires, evidence satisfactory to the affiliated credentialing board that he or she has passed the examination required under s. 448.954, the affiliated credentialing board shall issue the person a license under sub. (1).

AB133-ASA1-CA1,651,15 (4) (a) The affiliated credentialing board shall issue a temporary license to a person who satisfies the requirements under sub. (1) (a), (c) to (e) and (g), pays the fee specified in s. 440.05 (6) and submits evidence satisfactory to the affiliated credentialing board that he or she has engaged in athletic training during each of the 12 consecutive months immediately preceding the effective date of this paragraph .... [revisor inserts date]. The temporary license is valid for 2 years and shall be renewed once if a license holder submits evidence satisfactory to the affiliated credentialing board at the time of renewal that he or she has made significant progress toward satisfying the requirement under sub. (1) (f).

AB133-ASA1-CA1,651,19 (b) If a person who is issued a temporary license under par. (a) satisfies the requirements under sub. (1) (f) and (h) before the temporary license expires, the affiliated credentialing credentialing board shall issue the person a license under sub. (1).

AB133-ASA1-CA1,651,21 (5) An application form for a license under this section shall include all of the following:

AB133-ASA1-CA1,651,23 (a) An affirmation by the applicant that the information that he or she is supplying on the application is true and complete.

AB133-ASA1-CA1,651,25 (b) A statement that the applicant authorizes the affiliated credentialing board to have access to any of the following:

AB133-ASA1-CA1,652,2 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).

AB133-ASA1-CA1,652,5 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.

AB133-ASA1-CA1,652,10 448.954 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.