SB389: Bill Text

SB389, s. 71 Section 71. 442.07 (3) of the statutes is amended to read:

SB389,24,8 442.07 (3) Any partnership, which is entitled to practice as certified public accountants in this state or any other state, every resident member and resident manager of which is a certified public accountant of this state, after registering the partnership name with the examining board, may use the designation "certified public accountants" in connection with the partnership name. Any partnership, every member and resident manager of which is a certified public accountant of this state or any other state or holds a certificate of authority under this chapter, after registering the partnership name with the examining board, may use the designation "certified public accountants" in connection with the partnership name. An assumed name, in use prior to September 21, 1935, may be used the same as a partnership name, provided the individual persons practicing as principals under that name hold certificates granted by the examining board and register the name with the examining board.

SB389, s. 72 Section 72. 442.08 of the statutes is amended to read:

SB389,24,15 442.08 Licensure. Upon application by a holder of an unrevoked Wisconsin certificate as a certified public accountant or an unrevoked Wisconsin certificate of authority as provided for in this chapter, the department shall issue a license to the holder. A license shall also be issued to any partnership or corporation, upon application, which has complied with this chapter. The renewal date and renewal fee for licenses issued under this chapter are specified under s. 440.08 (2) (a).

SB389, s. 73 Section 73. 442.10 (1) of the statutes is amended to read:

SB389,25,2 442.10 (1) Whenever any person, as a certified public accountant or public accountant, signs or certifies any report, schedule or statement relative to the affairs of any corporation, association or partnership in which the person is financially interested or by which the person is regularly engaged as an officer or employe, the signature or certification shall be accompanied by a specific statement setting forth the fact that the person is financially interested in or is an officer or regular employe of the corporation, association or partnership. If the person is both financially interested and an officer or regular employe, the statement shall cover both financial interest and employment. In the case of a corporation holding a certificate of authority signing or certifying as above, the interest of any of its stockholders shall be disclosed.

SB389, s. 74 Section 74. 442.11 (3) of the statutes is repealed.

SB389, s. 75 Section 75. 442.11 (4) of the statutes is repealed.

SB389, s. 76 Section 76. 442.11 (6) of the statutes is repealed.

SB389, s. 77 Section 77. 442.11 (7) of the statutes is amended to read:

SB389,25,8 442.11 (7) Who shall practice as a certified public accountant or as a public accountant after his or her certificate has been revoked; or

SB389, s. 78 Section 78. 442.11 (8) of the statutes is amended to read:

SB389,25,13 442.11 (8) Who shall as an individual, or, as a member of a partnership or as an officer or director of a corporation, practice or permit the partnership or corporation to practice as a certified public accountant or as a public accountant unless a license has been secured for the current licensure period; or

SB389, s. 79 Section 79. 442.11 (9) of the statutes is amended to read:

SB389,25,17 442.11 (9) Who shall sell, buy, give or obtain an alleged certificate as a certified public accountant, or a certificate of authority, or a license in any other manner than is provided for by this chapter; or

SB389, s. 80 Section 80. 442.11 (10) of the statutes is amended to read:

SB389,25,21 442.11 (10) Who attempts to practice as a certified public accountant or as a public accountant under guise of a certificate not granted by the examining board, or under cover of a certificate obtained illegally or fraudulently; or

SB389, s. 81 Section 81. 442.11 (13) of the statutes is amended to read:

SB389,26,3 442.11 (13) Who shall, as an individual, or as a member of a partnership or as an officer of a corporation, permit to be announced by printed or written statement that any report, certificate, exhibit, schedule or statement has been prepared by or under supervision of a certified public accountant or by or under supervision of a public accountant when the person who prepared the same was not such certified public accountant or public accountant.

SB389, s. 82 Section 82 . 442.13 of the statutes is amended to read:

SB389,26,14 442.13 Ownership of accountant's working papers. All statements, records, schedules, working papers and memoranda made by a certified public accountant or public accountant incident to or in the course of professional service to clients by such accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of such accountant, in the absence of an express agreement between such accountant and the client to the contrary. No such statement, record, schedule, working paper or memorandum shall be sold, transferred or bequeathed, without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners or new or successor partners of such accountant.

Note: Sections 12 , 14, 16 , 17, 23 to 26, 33 to 35, and 62 to 82 eliminate obsolete references in current law relating to public accountants. First, the bill repeals statutes that provide that the accounting examining board may grant a certificate of authority to practice as a public accountant only to a person who applied for the certificate of authority before December 1, 1935. The accounting examining board is no longer able to grant certificates of authority to practice as a public accountant, and there are no longer any public accountants practicing public accounting under a certificate of authority.

Second, a provision in current law specifies 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 provision is now obsolete.

SB389, s. 83 Section 83 . 443.10 (4) (title) of the statutes is repealed and recreated to read:

SB389,26,16 443.10 (4) (title) Records.

SB389, s. 84 Section 84. 443.10 (4) (a) of the statutes is repealed.

SB389, s. 85 Section 85. 443.10 (4) (b) of the statutes is renumbered 443.10 (4).

SB389, s. 86 Section 86 . 443.10 (6) of the statutes is repealed.

Note: Sections 83 to 86 of this bill repeal provisions in current law relating to the use of annual printed rosters of professionals regulated by the examining board of architects, landscape architects, engineers, designers and land surveyors. According to the department of regulation and licensing, these provisions are obsolete because the department uses computerized lists instead of printed rosters.

SB389, s. 87 Section 87 . 443.11 (3), (4) and (5) of the statutes are repealed.

SB389, s. 88 Section 88. 443.12 (1) of the statutes is renumbered 443.12.

SB389, s. 89 Section 89. 443.12 (2), (3) and (4) of the statutes are repealed.

SB389, s. 90 Section 90 . 443.13 of the statutes is amended to read:

SB389,27,17 443.13 Disciplinary proceedings against designers of engineering systems. The examining board may limit, suspend or revoke a permit or reprimand the permittee if the permittee is guilty of fraud or deceit in obtaining the permit, gross negligence, incompetency or misconduct in practice, signing documents not prepared by the permittee or under the permittee's control, knowingly aiding or abetting unauthorized designing of engineering systems as stated in s. 443.07 (3) by persons not granted permits under this chapter or conviction of a felony, subject to ss. 111.321, 111.322 and 111.335, or adjudication of mental incompetency by a court of competent jurisdiction. If, after a hearing conducted under the rules promulgated under s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the charges, the examining board shall reprimand the permittee or limit, suspend or revoke the permit. The action of the examining board is subject to review under ch. 227.

Note: Sections 87 to 90 of this bill repeal provisions in current law that set forth disciplinary proceedings against professionals regulated by the examining board of architects, landscape architects, engineers, designers and land surveyors. Because general statutes in ch. 440, stats., establish complaint and disciplinary proceedings that apply to all examining boards, the department of regulation and licensing states that the specific provisions in ch. 443, stats., are redundant and should be repealed.

SB389, s. 91 Section 91 . 448.03 (2) (L) of the statutes is created to read:

SB389,28,3 448.03 (2) (L) Any person assisting an occupational therapist or occupational therapy assistant in practice under the direct, immediate, on-premises supervision of the occupational therapist or occupational therapy assistant.

Note: Section 91 of this bill permits an occupational therapist or occupational therapy assistant to utilize an assistant if the assistant is under the direct, immediate, on-premises supervision of the occupational therapist or occupational therapy assistant. According to the department of regulation and licensing, this change provides parity for occupational therapists with respiratory care practitioners, physicians and podiatrists, who are permitted to use unlicensed health care aides, providing the aides act under the direct supervision of the credentialed professional.

SB389, s. 92 Section 92 . 448.13 (1) (a) of the statutes is amended to read:

SB389,28,12 448.13 (1) (a) Each physician shall, in each 2nd year at the time of application for a certificate of registration under s. 448.07, submit proof of attendance at and completion of continuing education programs or courses of study approved for at least 30 hours of credit by the board within the 2 calendar years immediately preceding the calendar year for which the registration is effective date of his or her application for a certificate of registration. The board may waive this requirement if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a physician from meeting the requirement.

Note: Section 92 of this bill corrects terminology in the statute that requires physicians to submit proof of attendance at and completion of continuing education programs. Under the bill, a physician must submit proof that at least 30 hours of courses have been completed during the 2 years immediately preceding the date of the physician's application for renewal. The current statute reads that the proof must be submitted within 2 calendar years immediately preceding the calendar year for which the registration is effective.

SB389, s. 93 Section 93 . 449.18 (7) of the statutes is amended to read:

SB389,29,2 449.18 (7) The examining board shall promulgate rules requiring applicants for renewal under sub. (4) to attend continuing education courses approved by the examining board. The rules shall establish criteria for the approval of such courses and may not require an applicant for renewal to attend more than 30 hours of courses within the 2 calendar years immediately preceding the expiration date specified in sub. (4) of his or her application for renewal.

Note: Section 93 of this bill corrects terminology in the statute that requires optometrists to submit proof of attendance at and completion of continuing education programs. Under the bill, an optometrist must submit proof that at least 30 hours of courses have been attended during the 2 years immediately preceding the date of the optometrist's application for renewal. The current statute reads that the proof must be submitted within 2 calendar years immediately preceding the calendar year for which the registration is effective.

SB389, s. 94 Section 94 . 458.08 (5) of the statutes is repealed.

SB389, s. 95 Section 95 . 458.09 (2) (intro.) of the statutes is amended to read:

SB389,29,7 458.09 (2) (intro.) If an applicant for a certificate under s. 458.06 (3) or (4) or 458.08 (3) or (5) (a) or for renewal of that certificate under s. 458.11 is an assessor, all of the following apply:

Note: Sections 94 and 95 of this bill remove obsolete provisions from the statutes that provide that transitional licenses for real estate appraisers expire on January 1, 1996.

SB389, s. 96 Section 96 . 459.01 (2), (3) and (5) of the statutes are amended to read:

SB389,29,12 459.01 (2) "Hearing aid instrument" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories of such an instrument or device, except batteries and cords.

SB389,29,15 (3) "Hearing instrument specialist" means any person who is or is required to be licensed under s. 459.05 to engage in the practice of dealing in or fitting hearing aids instruments.

SB389,29,20 (5) "Practice of fitting and dealing in hearing aids instruments" means the measurement of human hearing by means of an audiometer or by any other means accepted by the examining board solely for the purpose of making selections, adaptations or sales of hearing aids instruments intended to compensate for impaired hearing. This term also includes making impressions for ear molds.

SB389, s. 97 Section 97. 459.02 of the statutes is amended to read:

SB389,30,11 459.02 License required to sell and fit hearing aids instruments. (1) No person may engage in the practice of selling or fitting hearing aids instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting or sale of hearing aids instruments unless he or she holds a valid license issued under this subchapter or a valid license or permit to practice audiology issued under subch. II. The license required by s. 459.05 shall be conspicuously posted in his or her office or place of business as registered with the department at all times. Duplicate licenses shall be issued by the department under this subchapter to valid license holders operating more than one office without additional payment.

SB389,30,19 (2) Nothing in this subchapter or subch. II shall prohibit any corporation or mercantile establishment which that maintains an established business address from engaging in the business of selling or offering for sale hearing aids instruments at retail without a license, provided that for the purpose of selling and fitting hearing aids instruments it employs persons licensed under this subchapter or persons issued licenses or permits to practice audiology under subch. II. Such corporation or mercantile establishment shall annually file with the examining board a list of all persons employed for the purpose of selling and fitting hearing aids instruments.

SB389, s. 98 Section 98 . 459.03 (title) of the statutes is amended to read:

SB389,30,22 459.03 (title) Receipt required to be furnished to a person supplied with hearing aid instrument.

SB389, s. 99 Section 99. 459.03 (1) of the statutes is amended to read:

SB389,31,6 459.03 (1) Whoever practices fitting or selling of hearing aids instruments under this subchapter shall deliver to each person supplied with a hearing aid instrument a receipt. The receipt shall contain the licensee's signature and show the licensee's business address and certificate number, together with specifications as to the make and model of the hearing aid instrument furnished and full terms of sale clearly stated. If a hearing aid instrument which is not new is sold, the receipt and the container thereof must be clearly marked as "used" or "reconditioned" whichever is applicable.

SB389, s. 100 Section 100. 459.03 (2) (b) of the statutes is amended to read:

SB389,31,13 459.03 (2) (b) A statement that the purchaser has been advised at the outset of the purchaser's relationship with the hearing instrument specialist that any examination or representation made by a hearing instrument specialist in connection with the fitting and selling of this hearing aid instrument is not an examination, diagnosis or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice.

SB389, s. 101 Section 101. 459.035 of the statutes is amended to read:

SB389,31,19 459.035 Medical exam before being fitted. A hearing aid instrument shall not be fitted for or sold to a child 16 years of age or younger unless within 90 days prior to the fitting the person to be fitted has been examined by a physician to determine whether or not he or she has any physical deficiencies that would prohibit the effective use of a hearing aid instrument.

SB389, s. 102 Section 102. 459.04 of the statutes is amended to read:

SB389,31,23 459.04 Seller's guarantee. The seller of a hearing aid instrument shall give to the purchaser a personal guarantee that is at least identical in its terms to the guarantee of the manufacturer of the hearing aid instrument.

SB389, s. 103 Section 103. 459.05 (1m) of the statutes is amended to read:

SB389,32,12 459.05 (1m) Whenever the examining board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect in the state for the practice of fitting and selling hearing aids instruments, and that such state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants in this state are qualified to fit and sell hearing aids instruments, the department may issue a license by reciprocity to applicants who hold valid certificates or licenses to deal in or fit hearing aids instruments in such other state or jurisdiction, who pay the fee specified in s. 440.05 (2) and who are otherwise qualified for licensure. No applicant for a license by reciprocity under this subsection shall be required to submit to or undergo a qualifying examination, if the applicant personally appears at the next meeting of the examining board after filing the application to answer any questions the examining board has.

SB389, s. 104 Section 104. 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3) of the statutes are amended to read:

SB389,32,16 459.06 (2) (a) (intro.) Tests of knowledge in the following areas as they pertain to the fitting of hearing aids instruments:

SB389,32,17 3. The function of hearing aids instruments.

SB389,32,19 (b) (intro.) Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids instruments:

SB389,32,21 4. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaption of a hearing aid instrument.

SB389,33,2 (3) The applicant for license by examination shall appear at a time and place as the examining board designates, to be examined by means of written and practical tests in order to demonstrate that he or she is qualified to practice the fitting of hearing aids instruments. Such examinations shall be conducted at least twice a year and at such other times and places designated by the examining board.

SB389, s. 105 Section 105. 459.07 (2) of the statutes is amended to read:

SB389,33,10 459.07 (2) Upon receiving an application under this section, accompanied by the fee under s. 440.05 (6), the examining board may grant a trainee permit which that may entitle the applicant to practice fitting of hearing aids instruments for a period of one year. A person holding a valid hearing instrument specialist license shall be responsible for the direct supervision and training of the applicant and shall be liable for all negligent acts and omissions of the trainee in the fitting of hearing aids instruments.

SB389, s. 106 Section 106. 459.08 (1) of the statutes is amended to read:

SB389,33,16 459.08 (1) A person who holds a license shall notify the department in writing or in accordance with other notification procedures approved by the department of the regular address of the places where he or she engages or intends to engage in the practice of fitting or selling hearing aids instruments. The licensee shall inform the board of any changes in these addresses within 30 days of the change.

SB389, s. 107 Section 107. 459.085 of the statutes is amended to read:

SB389,33,22 459.085 Calibration of audiometric equipment. Audiometric equipment used in the evaluation of hearing sensitivity for the fitting and sale of hearing aids instruments shall be calibrated periodically, as specified by rule by the examining board. Certification of these calibrations shall be sent to the examining board with the renewal fee required in s. 459.09.

SB389, s. 108 Section 108. 459.095 (3) of the statutes is amended to read:

SB389,34,14 459.095 (3) In consultation with the department, promulgate rules that require each person issued a license under this subchapter to complete a specified continuing education program or course of study to ensure competence with respect to a matter related to the practice of fitting and dealing in hearing aids instruments if the examining board has received a significant number of consumer complaints about the matter or if the examining board otherwise determines that there is a need for such a requirement. Rules promulgated under this subsection shall establish criteria for the examining board's approval of the continuing education program or course of study and of sponsors and cosponsors of the continuing education program or course of study. The rules shall also require the examining board to administer, prior to the continuing education program or course of study, an examination on the matter that is the subject of the continuing education program or course of study and to waive a requirement to complete the continuing education program or course of study if a person granted a license under this subchapter passes the examination. A person who takes an examination specified in this subsection shall pay the fee specified in s. 440.05 (1) (b).

SB389, s. 109 Section 109 . 459.10 (1) (d), (e), (j), (k) and (p) of the statutes are amended to read:

SB389,34,18 459.10 (1) (d) Been found guilty of an offense the circumstances of which substantially relate to the practice of fitting and dealing in hearing aids instruments.

SB389,34,20 (e) Violated this subchapter or ch. 440 or any federal or state statute or rule which that relates to the practice of fitting and dealing in hearing aids instruments.

SB389,34,23 (j) Engaged in conduct which that evidenced a lack of knowledge or ability to apply principles or skills of the practice of fitting and dealing in hearing aids instruments.

SB389,35,2 (k) Engaged in unprofessional conduct. In this subsection, "unprofessional conduct" means the violation of any standard of professional behavior which that through experience, state statute or administrative rule has become established in the practice of fitting and dealing in hearing aids instruments.

SB389,35,5 (p) Sold a hearing aid instrument to a person who was not given tests using appropriate procedures and instrumentation or without proper measurement of the functional intensity and range of the person's hearing.

SB389, s. 110 Section 110 . 459.14 (2) of the statutes is amended to read:

SB389,35,10 459.14 (2) This subchapter does not apply to a person engaged in the practice of measuring human hearing for selecting hearing aids instruments or any other purpose if the person or the organization employing such person does not sell hearing aids instruments or hearing accessories.