AB938: Bill Text

AB938, s. 68 Section 68. 195.03 (8) of the statutes is amended to read:

AB938,37,12 195.03 (8) Questionnaires, answers compulsory. The office shall prepare blanks forms for the purpose of obtaining the information which it may deem necessary or useful to the proper exercise of its functions, which shall conform as nearly as practicable to the forms prescribed by the interstate commerce commission, and shall furnish such blanks the forms to railroads, and every railroad receiving such blanks, the forms shall cause the same forms to be properly filled out completed and verified under oath by its proper officer and returned to the office within the time fixed by the office.

Note: Replaces disfavored terms.

AB938, s. 69 Section 69. 198.01 (5) of the statutes is amended to read:

AB938,37,14 198.01 (5) "Municipality" means any town, city , or incorporated village.

Note: By definition, under s. 990.01 (45), village means an incorporated village.

AB938, s. 70 Section 70. 255.06 (1) (d) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB938,37,20 255.06 (1) (d) "Nurse practitioner" means a registered nurse licensed under ch. 441 or in a party state, as defined in s. 441.50 (2) (j), whose practice of professional nursing under s. 441.11 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.

Note: Section 441.11 is renumbered to s. 441.001 by this bill.

AB938, s. 71 Section 71. 280.15 (1) (b) of the statutes is amended to read:

AB938,38,6 280.15 (1) (b) Application. A person who seeks to register as a well driller or pump installer shall apply to the department for registration of each place of business or retail outlet he or she operates as a well driller, pump installer or both, upon blanks forms prepared by the department for this purpose. The application shall be accompanied by a permit fee for each place of business or retail outlet included in the application.

Note: Replaces disfavored term.

AB938, s. 72 Section 72. 441.001 (intro.) of the statutes is created to read:

AB938,38,8 441.001 Definitions. (intro.) In this subchapter:

Note: Accommodates the renumbering of definitions in s. 441.11 to the beginning of the subchapter. See the treatment of s. 441.11 by this bill.

AB938, s. 73 Section 73. 441.06 (3) of the statutes is amended to read:

AB938,38,13 441.06 (3) A registered nurse practicing for compensation shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), submit to the board on furnished blanks forms a statement giving name, residence, and other facts as that the board requires, with the applicable renewal fee specified under s. 440.08 (2) (a).

Note: Replaces disfavored terms.

AB938, s. 74 Section 74. 441.10 (3) (b) of the statutes is amended to read:

AB938,38,21 441.10 (3) (b) On or before the applicable renewal date specified under s. 440.08 (2) (a), a licensed practical nurse practicing for compensation shall submit to the board, on blanks forms furnished by the department, an application for license renewal, together with a statement giving name, residence, nature and extent of practice as a licensed practical nurse during the prior year and prior unreported years, and other facts bearing upon current competency as that the board requires, accompanied by the applicable license renewal fee specified under s. 440.08 (2) (a).

Note: Replaces disfavored terms.

AB938, s. 75 Section 75. 441.11 (title) of the statutes is repealed.

Note: Accommodates the renumbering of definitions in s. 441.11 to the beginning of the subchapter. See the next four sections of this bill.

AB938, s. 76 Section 76. 441.11 (1) of the statutes is renumbered 441.001 (1) and amended to read:

AB938,39,7 441.001 (1) For compensation Compensation. Wherever the term "compensation" is used in this subchapter it shall include "Compensation" includes indirect compensation as well as, direct compensation, and also the expectation thereof of compensation, whether actually received or not.

AB938, s. 77 Section 77. 441.11 (2) of the statutes is renumbered 441.001 (2) and amended to read:

AB938,39,13 441.001 (2) Nurse and nursing. Except as provided under s. 441.08, wherever the term "nurse" is "nurse," when used in this subchapter without modification or amplification it shall mean, means only a registered nurse. Wherever the term "nursing" is used in this subchapter

AB938,39,15 (2m) "Nursing," when used without modification or amplification it shall mean the practice of, means professional nursing as specified in sub. (4).

AB938, s. 78 Section 78. 441.11 (3) (title) of the statutes is renumbered 441.001 (3) (title) and amended to read:

AB938,39,18 441.001 (3) (title) Practice of practical Practical nursing.

AB938, s. 79 Section 79. 441.11 (3) of the statutes is renumbered 441.001 (3) (a) and amended to read:

AB938,40,6 441.001 (3) (a) The practice of practical nursing under this subchapter "Practical nursing" means the performance for compensation of any simple acts in the care of convalescent, subacutely or chronically ill, injured or infirm persons, or of any act or procedure in the care of the more acutely ill, injured or infirm under the specific direction of a nurse, physician, podiatrist licensed under ch. 448, dentist licensed under ch. 447 or optometrist licensed under ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if that person prepared the order after examining the patient in that other state and directs that the order be carried out in this state. A simple

AB938,40,8 (b) In par. (a), "simple act" means an act is one that to which all of the following apply:

AB938,40,11 1. The act does not require any substantial nursing skill, knowledge, or training, or the application of nursing principles based on biological, physical, or social sciences, or the understanding of cause and effect in such acts and the act.

AB938,40,13 2. The act is one that is of a nature of those approved by the board for the curriculum of schools for licensed practical nurses.

AB938, s. 80 Section 80. 441.11 (4) of the statutes is renumbered 441.001 (4) (intro.) and amended to read:

AB938,40,22 441.001 (4) Practice of professional Professional nursing. (intro.) The practice of professional nursing within the terms of this subchapter "Professional nursing" means the performance for compensation of any act in the observation or care of the ill, injured, or infirm, or for the maintenance of health or prevention of illness of others, which act that requires substantial nursing skill, knowledge, or training, or application of nursing principles based on biological, physical, and social sciences, such as the. Professional nursing includes any of the following:

AB938,40,23 (a) The observation and recording of symptoms and reactions, the.

AB938,41,5 (b) The execution of procedures and techniques in the treatment of the sick under the general or special supervision or direction of a physician, podiatrist licensed under ch. 448, dentist licensed under ch. 447 or optometrist licensed under ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry or optometry in another state if that the person making the order prepared the order after examining the patient in that other state and directs that the order be carried out in this state, and the.

AB938,41,6 (c) The execution of general nursing procedures and techniques.

AB938,41,9 (d) Except as provided in s. 50.04 (2) (b), the practice of professional nursing includes the supervision of a patient and the supervision and direction of licensed practical nurses and less skilled assistants.

Note: Moves definition section to the beginning of the subchapter, modifies language, and modifies language for improved readability and conformity with current style. The defined terms are changed to reflect the actual terms used in ch. 441. 1981 Wis. Act 317 added the phrase, "Except as provided in s. 50.04 (2) (b), the practice of professional nursing includes", in sub. (4) to exclude activity under that provision from the definition of professional nursing. The amendment of sub. (4) applies the phrase "professional nursing includes" to all of the examples under the subsection for consistency and to avoid possible confusion.

AB938, s. 81 Section 81. 441.15 (3) (b) of the statutes, as affected by 2001 Wisconsin Act 52, is amended to read:

AB938,41,18 441.15 (3) (b) On or before the applicable renewal date specified under s. 440.08 (2) (a), a person issued a license under par. (a) and practicing nurse-midwifery shall submit to the board on furnished blanks forms a statement giving his or her name, residence, and other information that the board requires by rule, with the applicable renewal fee specified under s. 440.08 (2) (a). If applicable, the person shall also submit evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under sub. (5) (b).

Note: Replaces disfavored term.

AB938, s. 82 Section 82. 445.08 (4) of the statutes is renumbered 445.08 (4) (intro.) and amended to read:

AB938,42,4 445.08 (4) (intro.) Applications for the examination at a time and place to be arranged and conducted by the examining board for a reciprocal funeral director's license shall be in writing and verified on a blank form to be furnished by the examining board, and shall be accompanied by such proof all of the following:

AB938,42,6 (a) Proof of compliance with the requirements for a reciprocal funeral director's license and with such.

AB938,42,8 (b) Any other information as that the examining board requires and shall be accompanied by the.

AB938,42,9 (c) The examination fee for each application.

Note: Replaces disfavored term and subdivides provision for improved readability and conformity with current style.

AB938, s. 83 Section 83. 765.20 (title) of the statutes is amended to read:

AB938,42,11 765.20 (title) Records and blanks forms.

Note: Replaces disfavored term.

AB938, s. 84 Section 84. 859.07 (2) of the statutes is renumbered 859.07 (2) (a) 1. and amended to read:

AB938,42,16 859.07 (2) (a) 1. If the The decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person.

AB938,42,18 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 301.03 (18), 301.12, or 938.36 or if the.

AB938,42,22 3. The decedent or the decedent's spouse of the decedent ever received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, the personal representative shall send.

AB938,42,23 (b) The notice under par. (a) shall comply with all of the following:

AB938,43,2 1. The notice shall be in writing of the date set under s. 859.01 on forms provided by the applicable department or county clerk.

AB938,43,8 2. The notice shall be sent by registered or certified mail to the department of health and family services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.001 (6).

Note: Reorders text and subdivides provision for improved readability. Replaces disfavored terms. See the previous section of this bill.

AB938, s. 85 Section 85. 859.07 (2) (a) (intro.) of the statutes is created to read:

AB938,43,14 859.07 (2) (a) (intro.) The personal representative shall provide notice of the date set under s. 859.01 to the department of health and family services or the department of corrections, as applicable, and to the county clerk of the decedent's county of residence, as defined in s. 49.001 (6) if, at any time prior to or at the time of the decedent's death, any of the following applied:

Note: Text is moved to an introductory subdivision from the latter part of s. 859.07 (2) for improved readability and conformity with current style. See the previous section of this bill.

AB938, s. 86 Section 86. 945.01 (5) (b) 2. of the statutes is amended to read:

AB938,43,18 945.01 (5) (b) 2. In any game, drawing, contest, sweepstakes, or other promotion, none of the following shall constitute constitutes consideration under this subsection:

AB938,43,19 a. To listen to or watch Listening to or watching a television or radio program.

AB938,44,2 b. To fill Filling out a coupon or entry blank which form that is received through the mail or published in a newspaper or magazine, if facsimiles thereof of the coupon or entry form or handwritten and other informal entries are acceptable or if no purchase is required.

AB938,44,5 c. To furnish Furnishing proof of purchase if the proof required does not consist of more than the container of any product as packaged by the manufacturer, or a part thereof of the container, or a facsimile of either.

AB938,44,7 d. To send Sending the coupon or entry blank form and proof of purchase by mail to a designated address.

AB938,44,14 e. To fill Filling out a coupon or entry blank form obtained and deposited on the premises of a bona fide trade fair or trade show defined as an exhibition by 5 or more competitors of goods, wares, or merchandise at a location other than a retail establishment or shopping center or other place where goods and services are customarily sold; but if an admission fee is charged to such the exhibition all facilities for obtaining and depositing coupons or entry blanks forms shall be outside the area for which an admission fee is required.

AB938,44,16 f. To visit Visiting a mercantile establishment or other place without being required to make a purchase or pay an admittance fee.

AB938,44,17 g. To use Using a chance promotion exempt under s. 100.16 (2).

Note: Replaces disfavored terms and corrects sentence agreement.

AB938, s. 87 Section 87. Effective dates. This act takes effect on the day after publication, except as follows:

AB938,44,21 (1) The treatment of section 441.15 (3) (b) of the statutes takes effect on November 1, 2002.

AB938,44,22 (End)