Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,564,20 452.13 (2) (a) A broker who holds client funds or a closing agent who holds closing funds shall establish an interest-bearing common trust account in a depository institution. The interest-bearing common trust account shall earn interest at a rate not less than that applicable to individual accounts of the same type, size, and duration and for which withdrawals or transfers can be made without delay, subject to any notice period that the depository institution is required to observe by law or regulation.

SB55-SSA1-SA2, s. 3608er Section 3608er. 452.13 (2) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,564,23 452.13 (2) (b) (intro.) Any broker or closing agent who maintains an interest-bearing common trust account shall do all of the following:

SB55-SSA1-SA2, s. 3608fg Section 3608fg. 452.13 (2) (c) of the statutes is amended to read:

SB55-SSA1-SA2,565,2 452.13 (2) (c) A broker or closing agent shall deposit all client funds or closing funds in the interest-bearing common trust account.

SB55-SSA1-SA2, s. 3608fm Section 3608fm. 452.13 (2) (e) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,565,6 452.13 (2) (e) (intro.) For each interest-bearing common trust account, the broker or closing agent shall direct the depository institution to do all of the following:

SB55-SSA1-SA2, s. 3608fr Section 3608fr. 452.13 (2) (e) 2. of the statutes is amended to read:

SB55-SSA1-SA2,565,13 452.13 (2) (e) 2. When the interest remittance is sent, furnish to the department of administration and to the broker or closing agent maintaining the interest-bearing common trust account a statement that includes the name of the broker or closing agent for whose account the remittance is made, the rate of interest applied, the amount of service charges or fees deducted, if any, and the account balance for the period that the statement covers.

SB55-SSA1-SA2, s. 3608gg Section 3608gg. 452.13 (2) (f) 1. of the statutes is amended to read:

SB55-SSA1-SA2,565,18 452.13 (2) (f) 1. May not assess a service charge or fee that is due on an interest-bearing common trust account against any broker or closing agent or, except as provided in subd. 3., against any other account, regardless of whether the same broker or closing agent maintains the other account.

SB55-SSA1-SA2, s. 3608gm Section 3608gm. 452.13 (3) of the statutes is amended to read:

SB55-SSA1-SA2,566,3 452.13 (3) Deposit provisions. A broker or closing agent who deposits client funds or closing funds in an interest-bearing common trust account in compliance with this section may not be held liable to the owner or beneficial owner of the client funds or closing funds for damages due to compliance with this section. A broker, salesperson, or time-share salesperson who deposits client funds, or a closing agent who deposits closing funds, in an interest-bearing common trust account in compliance with this section is not required to disclose alternative depository arrangements that could be made by the parties or to disclose that a deposit will be made under this section.

SB55-SSA1-SA2, s. 3608gr Section 3608gr. 452.13 (4) of the statutes is amended to read:

SB55-SSA1-SA2,566,7 452.13 (4) Trust account optional. This section does not require a broker or closing agent to hold client funds or closing funds or require a person to transfer client funds to a broker or transfer closing funds to a closing agent.

SB55-SSA1-SA2, s. 3608hg Section 3608hg. 452.14 (1) of the statutes is amended to read:

SB55-SSA1-SA2,566,13 452.14 (1) The department shall, upon motion of the board or upon its own determination, conduct investigations and, as appropriate, may hold hearings and make findings, if the department receives credible information that a broker, salesperson or, time-share salesperson , or closing agent has violated this chapter or any rule promulgated under this chapter.

SB55-SSA1-SA2, s. 3608hm Section 3608hm. 452.14 (3) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,566,19 452.14 (3) (intro.) Disciplinary proceedings shall be conducted by the board according to rules adopted under s. 440.03 (1). The board may revoke, suspend, or limit any broker's, salesperson's or, time-share salesperson's, or closing agent's license or registration, or reprimand the holder of the license or registration, if it finds that the holder of the license or registration has:

SB55-SSA1-SA2, s. 3608hr Section 3608hr. 452.14 (3) (b) of the statutes is amended to read:

SB55-SSA1-SA2,566,23 452.14 (3) (b) Made any substantial misrepresentation with reference to a transaction injurious to a seller or purchaser in which the broker, salesperson or, time-share salesperson, or closing agent acts as agent;

SB55-SSA1-SA2, s. 3608ig Section 3608ig. 452.14 (3) (h) of the statutes is amended to read:

SB55-SSA1-SA2,567,3 452.14 (3) (h) Failed, within a reasonable time, to account for or remit any moneys coming into the broker's, salesperson's or, time-share salesperson's, or closing agent's possession which belong to another person;

SB55-SSA1-SA2, s. 3608im Section 3608im. 452.14 (3) (i) of the statutes is amended to read:

SB55-SSA1-SA2,567,7 452.14 (3) (i) Demonstrated incompetency to act as a broker, salesperson or, time-share salesperson, or closing agent in a manner which safeguards the interests of the public;

SB55-SSA1-SA2, s. 3608ir Section 3608ir. 452.14 (3) (jm) of the statutes is amended to read:

SB55-SSA1-SA2,567,13 452.14 (3) (jm) Intentionally encouraged or discouraged any person from purchasing or renting real estate in a particular area on the basis of race. If the board finds that any broker, salesperson or, time-share salesperson, or closing agent has violated this paragraph, the board shall, in addition to any temporary penalty imposed under this subsection, apply the penalty provided in s. 452.17 (4);

SB55-SSA1-SA2, s. 3608jg Section 3608jg. 452.17 (2) of the statutes is amended to read:

SB55-SSA1-SA2,567,20 452.17 (2) Any person who engages in or follows the business or occupation of, or advertises or holds himself or herself out as or acts temporarily or otherwise as, a time-share salesperson or closing agent in this state without being registered with the department shall be prosecuted by the district attorney in the county where the violation occurs and may be fined not less than $25 nor more than $200 or imprisoned not less than 10 days nor more than 6 months or both.

SB55-SSA1-SA2, s. 3608jm Section 3608jm. 452.17 (4) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,567,23 452.17 (4) (a) (intro.) If the board finds that any broker, salesperson or, time-share salesperson, or closing agent has violated s. 452.14 (3) (jm), the board:

SB55-SSA1-SA2, s. 3608jr Section 3608jr. 452.17 (4) (a) 1. of the statutes is amended to read:

SB55-SSA1-SA2,568,3 452.17 (4) (a) 1. Shall, for the first offense, suspend the license or registration of the broker, salesperson or, time-share salesperson, or closing agent for not less than 90 days.

SB55-SSA1-SA2, s. 3608kg Section 3608kg. 452.17 (4) (a) 2. of the statutes is amended to read:

SB55-SSA1-SA2,568,6 452.17 (4) (a) 2. Shall, for the 2nd offense, revoke the license or registration of the broker, salesperson or, time-share salesperson, closing agent.

SB55-SSA1-SA2, s. 3608km Section 3608km. 452.20 of the statutes is amended to read:

SB55-SSA1-SA2,568,14 452.20 Limitation on actions for commissions. No person engaged in the business or acting in the capacity of a broker, salesperson or, time-share salesperson, or closing agent within this state may bring or maintain an action in the courts of this state for the collection of a commission or compensation for the performance of any act mentioned in this chapter without alleging and proving that he or she was a duly licensed broker, or salesperson or registered time-share salesperson or closing agent at the time the alleged cause of action arose.

SB55-SSA1-SA2, s. 3608kr Section 3608kr. 452.21 of the statutes is amended to read:

SB55-SSA1-SA2,568,19 452.21 Compensation presumed. In any prosecution for violation of this chapter, proof that a person acted as a broker, agent, salesperson or, time-share salesperson, or closing agent is prima facie proof that compensation therefor was received or promised.

SB55-SSA1-SA2, s. 3608Lg Section 3608Lg. 452.22 (2) of the statutes is amended to read:

SB55-SSA1-SA2,569,3 452.22 (2) The certificate of the secretary or his or her designee to the effect that a specified individual or business entity is not or was not on a specified date the holder of a broker's, salesperson's or, time-share salesperson's, or closing agent's license or registration, or that a specified license or registration was not in effect on a date specified, or as to the issuance, limitation, suspension, or revocation of any license or registration or the reprimand of any holder thereof, the filing or withdrawal of any application or its existence or nonexistence, is prima facie evidence of the facts therein stated for all purposes in any action or proceedings.".

SB55-SSA1-SA2,569,4 1250. Page 1156, line 6: after that line insert:

SB55-SSA1-SA2,569,5 " Section 3592nb. 447.01 (10) of the statutes is created to read:

SB55-SSA1-SA2,569,8 447.01 (10) "Oral risk assessment" means a review of the patient's caries experience, dental care utilization, use of preventive services, and medical history. "Oral risk assessment" does not include a dental diagnosis.

SB55-SSA1-SA2, s. 3592nc Section 3592nc. 447.01 (12) of the statutes is amended to read:

SB55-SSA1-SA2,569,13 447.01 (12) "Remediable procedures" means patient procedures that create changes within the oral cavity or surrounding structures that are reversible without professional intervention and do not involve any increased health risks to the patient.

SB55-SSA1-SA2, s. 3592nd Section 3592nd. 447.02 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,569,16 447.02 (1) (c) Subject to ch. 553 and s. 447.06 (1) 447.055, governing dental franchising.

SB55-SSA1-SA2, s. 3592ne Section 3592ne. 447.02 (2) (d) of the statutes is amended to read:

SB55-SSA1-SA2,569,20 447.02 (2) (d) The oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a dental hygienist licensed under this chapter under s. 447.06 (2) (e) 1. and 3 (6) (a) and (c).

SB55-SSA1-SA2, s. 3592nf Section 3592nf. 447.02 (2) (e) of the statutes is amended to read:

SB55-SSA1-SA2,569,24 447.02 (2) (e) The educational requirements for administration of local anesthesia by a dental hygienist licensed under this chapter under s. 447.06 (2) (e) 2 (6) (b).

SB55-SSA1-SA2, s. 3592ng Section 3592ng. 447.02 (3) of the statutes is created to read:

SB55-SSA1-SA2,570,7 447.02 (3) By January 1, 2003, and every 5 years thereafter, the examining board shall submit jointly with the department of health and family services a report to the legislature under s. 13.172 (2) and to the governor on the ability of the dental work force to meet the oral health care needs of individuals in this state. The report shall include findings and any recommendations of the examining board and the department.

SB55-SSA1-SA2, s. 3592nh Section 3592nh. 447.03 (2) (intro.), (a) and (b) of the statutes are renumbered 447.03 (2) (a) (intro.), 1. and 2.

SB55-SSA1-SA2, s. 3592ni Section 3592ni. 447.03 (2) (b) of the statutes is created to read:

SB55-SSA1-SA2,570,13 447.03 (2) (b) Any individual who is licensed as a dental hygienist under this chapter is not required to be licensed as a dentist to perform acts delegated by a dentist under s. 447.06.

SB55-SSA1-SA2, s. 3592nj Section 3592nj. 447.03 (3) (g) of the statutes is amended to read:

SB55-SSA1-SA2,570,16 447.03 (3) (g) Any individual who provides remediable procedures or other dentistry practices that are delegated under s. 447.065 (1) or (2).

SB55-SSA1-SA2, s. 3592nk Section 3592nk. 447.04 (1) (a) 4. of the statutes is amended to read:

SB55-SSA1-SA2,570,21 447.04 (1) (a) 4. Submits evidence satisfactory to the examining board that he or she has passed the national dental examination and either the examination of a dental testing service approved by the examining board or an examination of a regional dental testing service in the United States.

SB55-SSA1-SA2, s. 3592nL Section 3592nL. 447.04 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,571,3 447.04 (1) (b) The Except as provided in pars. (c) and (d), 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-SSA1-SA2, s. 3592nm Section 3592nm. 447.04 (1) (c) of the statutes is created to read:

SB55-SSA1-SA2,571,9 447.04 (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 state or territory of the United States or in Canada upon presentation of the license, payment of the fee specified under s. 440.05 (2), and submission of evidence satisfactory to the examining board that all of the following conditions are met:

SB55-SSA1-SA2,571,11 a. The applicant has graduated from a school of dentistry accredited by the American Dental Association's commission on dental accreditation.

SB55-SSA1-SA2,571,15 b. The applicant submits a certificate from each jurisdiction in which the applicant is or has ever been licensed stating that no disciplinary action is pending against the applicant or the license, and detailing all discipline, if any, that has ever been imposed against the applicant or the license.

SB55-SSA1-SA2,571,19 c. The applicant has been engaged in the active practice of dentistry, as defined in s. DE 1.02 (2), Wis. Adm. Code, in one or more jurisdictions in which the applicant has a current license in good standing, for at least 48 of the 60 months preceding the application for licensure in this state.

SB55-SSA1-SA2,571,22 d. The applicant has successfully completed a jurisprudence examination on the provisions of Wisconsin statutes and administrative rules relating to dentistry and dental hygiene.

SB55-SSA1-SA2,571,24 e. The applicant possesses a current certificate of proficiency in cardiopulmonary resuscitation.

SB55-SSA1-SA2,572,3 f. The applicant has disclosed all discipline that has ever been taken against the applicant in any jurisdiction shown in reports from the national practitioner data bank and the American association of dental examiners.

SB55-SSA1-SA2,572,7 g. The applicant has presented satisfactory responses during any personal interview with the board that the board may require to resolve conflicts between the licensing standards and the applicant's application or to inquire into any discipline that was imposed against the applicant or the license in another jurisdiction.

SB55-SSA1-SA2,572,11 2. Notwithstanding subd. 1., the examining board may refuse to grant a license to an applicant following an interview under subd. 1. g. if the examining board determines that discipline that was imposed against the applicant or the license in another jurisdiction demonstrates that the applicant is unfit to practice dentistry.

SB55-SSA1-SA2, s. 3592nn Section 3592nn. 447.04 (1) (d) of the statutes is created to read:

SB55-SSA1-SA2,572,17 447.04 (1) (d) 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 state or territory of the United States or in another country upon presentation of the license, payment of the fee specified under s. 440.05 (2), and submission of evidence satisfactory to the examining board that all of the following conditions are met:

SB55-SSA1-SA2,572,18 a. The applicant is a faculty member at a school of dentistry in this state.

SB55-SSA1-SA2,572,22 b. The applicant submits a certificate from each jurisdiction in which the applicant is or has ever been licensed stating that no disciplinary action is pending against the applicant or the license, and detailing all discipline, if any, that has ever been imposed against the applicant or the license.

SB55-SSA1-SA2,572,25 c. The applicant has successfully completed a jurisprudence examination on the provisions of Wisconsin statutes and administrative rules relating to dentistry and dental hygiene.

SB55-SSA1-SA2,573,2 d. The applicant possesses a current certificate of proficiency in cardiopulmonary resuscitation.

SB55-SSA1-SA2,573,5 e. The applicant has disclosed all discipline that has ever been taken against the applicant in any jurisdiction shown in reports from the national practitioner data bank and the American association of dental examiners.

SB55-SSA1-SA2,573,9 f. The applicant has presented satisfactory responses during any personal interview with the board that the board may require to resolve conflicts between the licensing standards and the applicant's application or to inquire into any discipline that was imposed against the applicant or the license in another jurisdiction.

SB55-SSA1-SA2,573,13 2. Notwithstanding subd. 1., the examining board may refuse to grant a license to an applicant following an interview under subd. 1. f. if the examining board determines that discipline that was imposed against the applicant or the license in another jurisdiction demonstrates that the applicant is unfit to practice dentistry.

SB55-SSA1-SA2,573,15 3. A license under this paragraph is no longer in effect if the licensee ceases to be a faculty member at a school of dentistry in this state.

SB55-SSA1-SA2, s. 3592np Section 3592np. 447.06 (title) of the statutes is amended to read:

SB55-SSA1-SA2,573,17 447.06 (title) Practice Dental hygienist practice limitations.

SB55-SSA1-SA2, s. 3592nq Section 3592nq. 447.06 (1) of the statutes is renumbered 447.055 and amended to read:

SB55-SSA1-SA2,574,2 447.055 Contract provisions. No contract of employment entered into between a dentist and any other party under which the dentist renders dental services may require the dentist to act in a manner which violates the professional standards for dentistry set forth in this chapter. Nothing in this subsection section limits the ability of the other party to control the operation of the dental practice in a manner in accordance with the professional standards for dentistry set forth in this chapter.

SB55-SSA1-SA2, s. 3592nr Section 3592nr. 447.06 (2) (a) of the statutes is renumbered 447.06 (1m), and 447.06 (1m) (intro.), as renumbered, is amended to read:

SB55-SSA1-SA2,574,7 447.06 (1m) Practice circumstances. (intro.) A dental hygienist may practice dental hygiene or perform remediable procedures or other delegated procedures only as an employee or as an independent contractor and only as follows: