Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1254,20 440.991 Applicability. This subchapter does not apply to a person holding a license, permit, registration, or certification granted by this state or the federal government who does not use any title or description that implies that he or she is certified under this subchapter or represent himself or herself to be certified under this subchapter.

SB55-ASA1-AA1,1255,5 440.992 Use of title. No person may use the title "alcohol counselor," "drug counselor," "alcohol and drug counselor," "substance abuse counselor," "chemical dependency counselor," "alcohol and other drug abuse counselor," "certified alcohol counselor," "certified drug counselor," "certified alcohol and drug counselor," "certified substance abuse counselor," "certified chemical dependency counselor," or "certified alcohol and other drug abuse counselor," or use any title or description that implies that he or she is certified under this subchapter, or represent himself or herself to be certified under this subchapter unless the person has been certified as an alcohol and drug counselor under this subchapter.

SB55-ASA1-AA1,1255,8 440.993 Duties and powers of department. (1) In consultation with the department of health and family services, the department shall promulgate rules that do all of the following:

SB55-ASA1-AA1,1255,16 (a) Establish the education, training, competency, or examination requirements that a person must satisfy to be certified as an alcohol and drug counselor under this subchapter. The rules shall require the department to waive some or all of the requirements for certification that would otherwise apply for a person who, before the first day of the 25th month beginning after the effective date of this paragraph .... [revisor inserts date], applies for certification and shows, to the satisfaction of the department, that he or she was employed in a position in which a substantial portion of his or her duties consisted of alcohol and drug counseling.

SB55-ASA1-AA1,1255,20 (b) Establish a code of ethics to govern the professional conduct of persons certified under this subchapter. Rules promulgated under this paragraph may specify the services that a person certified under this subchapter is qualified to perform and the degree of supervision, if any, required to perform those services.

SB55-ASA1-AA1,1255,22 (2) In consultation with the department of health and family services, the department may promulgate rules that do all of the following:

SB55-ASA1-AA1,1256,2 (a) Establish different levels of certification, specify the educational, training, competency, or examination requirements for certification at the different levels, and specify the services that persons certified at the different levels are qualified to perform and the degree of supervision, if any, required to perform those services.

SB55-ASA1-AA1,1256,4 (b) Establish continuing education requirements that a person must satisfy to renew a certification that is granted under this subchapter.

SB55-ASA1-AA1,1256,7 440.994 Certification requirements. The department shall grant a certification as an alcohol and drug counselor to a person who does all of the following:

SB55-ASA1-AA1,1256,9 (1) Submits an application to the department on a form provided by the department.

SB55-ASA1-AA1,1256,10 (2) Pays the fee specified in s. 440.05 (1).

SB55-ASA1-AA1,1256,12 (3) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under s. 440.993 (1) (a) or (2) (a).

SB55-ASA1-AA1,1256,19 440.995 Reciprocal certification. Upon application and payment of the fee specified in s. 440.05 (2), the department may grant certification as an alcohol and drug counselor to a person who has been granted a similar license, registration, or certificate by another state or territory of the United States or another country if the department determines that the requirements for granting the license, registration, or certificate are substantially equivalent to the requirements under this subchapter.

SB55-ASA1-AA1,1257,2 440.996 Renewal of certification. The renewal dates for certifications granted under this subchapter 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, if the department has established continuing education requirements in rules promulgated rules under s. 440.993 (2) (b), evidence satisfactory to the department that the applicant has completed the requirements.

SB55-ASA1-AA1,1257,6 440.997 Disciplinary proceedings and actions. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.

SB55-ASA1-AA1,1257,10 (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a person certified under this subchapter, or may deny, limit, suspend, or revoke a certification, if an applicant or person certified under this subchapter has done any of the following:

SB55-ASA1-AA1,1257,12 (a) Made a material misstatement in an application for certification or for renewal of a certification.

SB55-ASA1-AA1,1257,15 (b) Been adjudicated mentally incompetent by a court of competent jurisdiction, a certified copy of the record of adjudication of incompetency to be conclusive evidence of such incompetency.

SB55-ASA1-AA1,1257,16 (c) Advertised in a manner that is false, deceptive, or misleading.

SB55-ASA1-AA1,1257,18 (d) Advertised, practiced, or attempted to engage in alcohol and drug counseling under another's name.

SB55-ASA1-AA1,1257,20 (e) Subject to ss. 111.321, 111.322, and 111.34, engaged in alcohol and drug counseling while impaired by alcohol or other drugs.

SB55-ASA1-AA1,1257,23 (f) Engaged in conduct while engaged in alcohol and drug counseling that jeopardizes the health, safety, or welfare of a patient or client or which evidences a lack of knowledge or ability to apply professional principles or skills.

SB55-ASA1-AA1,1257,24 (g) Violated this subchapter or any rule promulgated under this subchapter.

SB55-ASA1-AA1,1258,2 (h) Aided another person in violating this subchapter or any rule promulgated under this subchapter.

SB55-ASA1-AA1,1258,7 440.998 Injunctive relief. If the department has reason to believe that any person is violating this subchapter or any rule promulgated under this subchapter, 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.

SB55-ASA1-AA1,1258,12 440.999 Penalties. (1) Any person who violates this subchapter or any rule promulgated under this subchapter may be required to forfeit not more than $5,000 for the first offense and may be required to forfeit not more than $10,000 for the 2nd or any subsequent offense within a year. Each day of continued violation constitutes a separate offense.

SB55-ASA1-AA1,1258,15 (2) Any person who intentionally 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.

SB55-ASA1-AA1, s. 3608g Section 3608g. 457.02 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1258,20 457.02 (1) Require any individual to be certified under this chapter in order to use the title "pastoral counselor", "investment counselor", "vocational counselor", "career counselor", "alcohol counselor", "drug counselor", or "alcohol and drug counselor" or "chemical dependency counselor".

SB55-ASA1-AA1, s. 3608i Section 3608i. 457.02 (5) of the statutes is amended to read:

SB55-ASA1-AA1,1259,2 457.02 (5) Authorize any individual who is certified under this chapter to use the title "alcohol counselor", "drug counselor", or "alcohol and drug counselor" or "chemical dependency counselor" unless the individual is certified as an alcohol and drug counselor or as a chemical dependency counselor through a process recognized by the department of health and family services under subch. XII of ch. 440.".

SB55-ASA1-AA1,1259,3 1704. Page 1156, line 6: after that line insert:

SB55-ASA1-AA1,1259,4 " Section 3608d. 447.04 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1259,10 447.04 (1) (b) The Except as provided in par. (c), the examining board may grant a license to practice dentistry to an individual who is licensed in good standing to practice dentistry in another state or territory of the United States or in another country if the applicant meets the requirements for licensure established by the examining board by rule and upon presentation of the license and payment of the fee specified under s. 440.05 (2).

SB55-ASA1-AA1, s. 3608f Section 3608f. 447.04 (1) (c) of the statutes is created to read:

SB55-ASA1-AA1,1259,14 447.04 (1) (c) 1. The examining board shall grant a license to practice dentistry to an applicant who is licensed in good standing to practice dentistry in another jurisdiction upon presentation of the license and who does all of the following:

SB55-ASA1-AA1,1259,15 a. Pays a fee of $83.

SB55-ASA1-AA1,1259,18 b. Submits evidence satisfactory to the examining board that the applicant has been offered employment as a full-time faculty member at a school of dentistry in this state.

SB55-ASA1-AA1,1259,21 c. Makes responses during any interview that the examining board may require that demonstrate, to the satisfaction of the examining board, that the applicant is competent to practice dentistry.

SB55-ASA1-AA1,1259,24 2. A license granted under subd. 1. authorizes the license holder to practice dentistry only within educational facilities and only for the purpose of carrying out the license holder's teaching duties.

SB55-ASA1-AA1,1260,3 3. A license granted under subd. 1. is no longer in effect if the license holder ceases to be employed as a full-time faculty member at a school of dentistry in this state.

SB55-ASA1-AA1,1260,5 4. The examining board may promulgate rules to carry out the purposes of this paragraph.".

SB55-ASA1-AA1,1260,6 1705. Page 1156, line 6: after that line insert:

SB55-ASA1-AA1,1260,7 " Section 3608e. 450.03 (1) (f) of the statutes is created to read:

SB55-ASA1-AA1,1260,11 450.03 (1) (f) A person who has successfully completed his or her second year in, and is enrolled at, an accredited school of pharmacy and whose practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board.

SB55-ASA1-AA1, s. 3608f Section 3608f. 450.03 (1) (g) of the statutes is created to read:

SB55-ASA1-AA1,1260,16 450.03 (1) (g) A person who has applied for a license under s. 450.05 whose practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and during the period before which the board takes final action on the person's application.

SB55-ASA1-AA1, s. 3608h Section 3608h. 450.04 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1260,22 450.04 (3) (b) Has completed an internship in the practice of pharmacy under s. 450.045 or has practical experience acquired in another state which is comparable to that included in the an internship and which is approved and verified by the board or by the agency which is the equivalent of the board in the state in which the practical experience was acquired.

SB55-ASA1-AA1, s. 3608L Section 3608L. 450.045 of the statutes is repealed.".

SB55-ASA1-AA1,1260,24 1706. Page 1156, line 6: after that line insert:

SB55-ASA1-AA1,1261,1 " Section 3608h. 480.02 (2) (h) of the statutes is amended to read:

SB55-ASA1-AA1,1261,3 480.02 (2) (h) Fur auctions and fur auctioneers licensed by the department of natural resources fish, wildlife, parks, and forestry under ch. 29.".

SB55-ASA1-AA1,1261,4 1707. Page 1156, line 6: after that line insert:

SB55-ASA1-AA1,1261,6 " Section 3605pb. 442.001 of the statutes is renumbered 442.001 (intro.) and amended to read:

SB55-ASA1-AA1,1261,7 442.001 Definition Definitions. (intro.) In this chapter, "examining:

SB55-ASA1-AA1,1261,8 (3) "Examining board" means the accounting examining board.

SB55-ASA1-AA1, s. 3605pd Section 3605pd. 442.001 (1) of the statutes is created to read:

SB55-ASA1-AA1,1261,10 442.001 (1) "Attest service" means any of the following:

SB55-ASA1-AA1,1261,12 (a) An audit or any other engagement that is performed or intended to be performed in accordance with rules promulgated under s. 442.01 (1) (a).

SB55-ASA1-AA1,1261,14 (b) A review of a financial statement that is performed or intended to be performed in accordance with rules promulgated under s. 442.01 (1) (b).

SB55-ASA1-AA1,1261,17 (c) An examination of prospective financial information that is performed or intended to be performed in accordance with rules promulgated under s. 442.01 (1) (c).

SB55-ASA1-AA1, s. 3605pf Section 3605pf. 442.001 (4) of the statutes is created to read:

SB55-ASA1-AA1,1261,20 442.001 (4) "Firm" means a proprietorship, partnership, limited liability partnership, corporation, service corporation, or limited liability company.

SB55-ASA1-AA1, s. 3605ph Section 3605ph. 442.001 (5) of the statutes is created to read:

SB55-ASA1-AA1,1261,23 442.001 (5) "Member of a firm" means a director, manager, employee, officer, owner, shareholder, principal, or partner of a firm.

SB55-ASA1-AA1, s. 3605pj Section 3605pj. 442.01 (1) of the statutes is created to read:

SB55-ASA1-AA1,1262,2 442.01 (1) The examining board shall promulgate rules that adopt by reference all of the following:

SB55-ASA1-AA1,1262,4 (a) The statements on auditing standards issued by the Auditing Standards Board of the American Institute of Certified Public Accountants.

SB55-ASA1-AA1,1262,7 (b) The statements on standards for accounting and review services issued by the Accounting and Review Services Committee of the American Institute of Certified Public Accountants.

SB55-ASA1-AA1,1262,11 (c) The statements on standards for attestation engagements issued by the Auditing Standards Board, the Accounting and Review Services Committee, and the Consulting Services Executive Committee of the American Institute of Certified Public Accountants.

SB55-ASA1-AA1, s. 3605pL Section 3605pL. 442.01 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1262,21 442.01 (2) No standard or rule relating to professional conduct or unethical practice may be adopted until the examining board has held a public hearing with reference thereto, subject to the rules promulgated under s. 440.03 (1). No rule or standard shall become effective until 60 days after its adoption by the examining board. Any person who has appeared at the public hearing and filed written protest against any proposed standard or rule may, upon the adoption of such standard or rule, obtain a review thereof under ch. 227. Thereafter every person practicing as a certified public accountant in the state shall be governed and controlled by the rules and standards prescribed by the examining board.

SB55-ASA1-AA1, s. 3605pn Section 3605pn. 442.01 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1262,23 442.01 (3) The examining board shall record its proceedings.

SB55-ASA1-AA1, s. 3605pp Section 3605pp. 442.02 (title) of the statutes is amended to read:

SB55-ASA1-AA1,1262,25 442.02 (title) Public Certified public accountant, definition.

SB55-ASA1-AA1, s. 3605pr Section 3605pr. 442.02 (1m) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1263,4 442.02 (1m) (intro.) A person shall be considered to be in practice as a certified public accountant, within the meaning and intent of this chapter, if any of the following conditions is met:

SB55-ASA1-AA1, s. 3605pt Section 3605pt. 442.02 (1m) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1263,9 442.02 (1m) (a) The person holds himself or herself out to the public in any manner as one skilled in the knowledge, science, and practice of accounting, and as qualified and ready to render professional service therein as a certified public accountant for compensation.

SB55-ASA1-AA1, s. 3605pv Section 3605pv. 442.02 (1m) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1263,14 442.02 (1m) (b) The person maintains an office for the transaction of business as a certified public accountant or, except as an employee of a certified public accountant, practices accounting, as distinguished from bookkeeping, for more than one employer.

SB55-ASA1-AA1, s. 3605px Section 3605px. 442.02 (1m) (dm) of the statutes is created to read:

SB55-ASA1-AA1,1263,16 442.02 (1m) (dm) The person provides or offers to provide an attest service.

SB55-ASA1-AA1, s. 3605pz Section 3605pz. 442.02 (5m) of the statutes is amended to read:

SB55-ASA1-AA1,1263,23 442.02 (5m) Subsection (1m) (f) does not prohibit any officer, employee, partner, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of that organization with any wording designating the position, title, or office that he or she holds in that organization and does not prohibit any act of a public official or public employee in the performance of his or her duties.

SB55-ASA1-AA1, s. 3605rb Section 3605rb. 442.02 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1264,4 442.02 (6) Every member of a partnership and every officer and director of a corporation firm who, in the capacity of partner, officer or director as a member of the firm, does any of the things enumerated in sub. (1m) (a) to (f), shall be considered to be in practice as a certified public accountant.