SB432: Bill Text

2001 Senate BILL 432

February 7, 2002 - Introduced by Law Revision Committee. Referred to Committee on Universities, Housing, and Government Operations.

SB432,2,16 An Act to repeal 15.405 (6m) (c) 1., 15.405 (6m) (d) 1., 440.04 (8), 440.26 (title), 440.26 (1m) (intro.), 440.26 (2) (title), 440.26 (4) (title), 440.26 (4m) (title), 443.10 (4) (a), 443.10 (6), 443.11 (3), (4) and (5), 443.12 (2), (3) and (4), 458.08 (5), 459.22 (1) and subchapter III of chapter 459 [precedes 459.40]; to renumber 440.26 (1) (title), 440.26 (1) (a) 1., 2., 3. and 4., 440.26 (1m) (h), 440.26 (2) (b), 443.10 (4) (b) and 443.12 (1); to renumber and amend 15.405 (6m) (c) 2., 15.405 (6m) (d) 2., 440.26 (1) (a) (intro.), 440.26 (1) (a) 11., 440.26 (1) (b), 440.26 (2) (a), 440.26 (2) (c), 440.26 (3), 440.26 (3m), 440.26 (4), 440.26 (4m) (a), 440.26 (4m) (b), 440.26 (5), 440.26 (5m), 440.26 (5r), 440.26 (6), 440.26 (8) and 459.22 (2); to amend 15.405 (6m) (e), 29.193 (2) (a) 1., 29.324 (1) (a), 49.45 (8) (a) 7., 77.54 (22) (b), 102.01 (2) (c), 111.335 (1) (cg) 1., 111.335 (1) (cg) 2., 111.335 (1) (cg) 3., 114.103 (1) (c), 149.14 (3) (k), 149.14 (4) (h) and (i), 167.31 (4) (a) 4. (intro.), 167.31 (4) (a) 4. a., 440.03 (7m), 440.05 (intro.), 440.08 (2) (a) (intro.), 440.23 (1), 443.13, 448.13 (1), 448.13 (1m), 448.665, 449.18 (7), 458.09 (2) (intro.), 459.01 (2), (3) and (5), 459.02, 459.03 (title), 459.03 (1), 459.03 (2) (b), 459.035, 459.04, 459.05 (1m), 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3), 459.07 (2), 459.08 (1), 459.085, 459.095 (3), 459.10 (1) (d), (e), (j), (k) and (p), 459.14 (2), 459.20 (2) (b), 459.20 (3g), 459.20 (3p), 459.24 (1m), 459.24 (3m), 459.26 (2) (b) (intro.), 459.26 (2) (b) 4., 459.34 (2) (ce), 459.34 (2) (cm), 459.34 (2) (cs), 895.527 (6), 940.34 (1) (b), 940.34 (2) (b), 940.34 (2) (c) 1., 941.237 (1) (em), 941.237 (3) (cm) 1. and 968.27 (7) (b); to repeal and recreate 443.10 (4) (title); and to create 440.27 (intro.) and 440.30 (title) of the statutes; relating to: continuing education requirements for optometrists, physicians, and podiatrists; disciplinary action taken and rosters prepared by the examining board of architects, landscape architects, professional engineers, designers, and land surveyors; private detective and private detective agency licenses and private security permits; and eliminating outdated references to transitional appraiser licenses and to certificates of registration to practice audiology and speech-language pathology (suggested as remedial legislation by the department of regulation and licensing).

Analysis by the Legislative Reference Bureau

Continuing education requirements for optometrists

Under current law, a certificate that allows an optometrist to use therapeutic pharmaceutical agents or to remove foreign bodies from an eye expires on January 1 of each even-numbered year. An optometrist who applies for renewal of this certificate must satisfy continuing education requirements established in rules promulgated by the optometry examining board. The rules may not require an optometrist to complete more than 30 hours of continuing education courses within the two calendar years immediately preceding the expiration date of the certificate.

This bill requires an optometrist who applies for renewal of the certificate to complete the continuing education courses within the two years immediately preceding the date of his or her application for renewal, instead of within the two calendar years immediately preceding the expiration date of the certificate.

Continuing education requirements for physicians and podiatrists

Under current law, a physician or podiatrist must renew his or her certificate of registration by November 1 of each odd-numbered year. When a physician applies for renewal, he or she must submit proof that he or she attended and completed at least 30 hours of continuing education courses within the two calendar years preceding the calendar year for which his or her certificate of registration is effective. When a podiatrist applies for renewal, he or she must submit proof that he or she completed at least 30 hours of continuing education courses within the two-year period preceding the November 1 renewal date.

This bill requires a physician or podiatrist to attend and complete the courses within the two-year period preceding the date of his or her application for renewal.

Disciplinary action; architects, landscape architects, engineers, designers, and land surveyors

Under current law, the department of regulation and licensing (DRL) and any board in DRL, including the examining board of architects, landscape architects, professional engineers, designers and land surveyors (examining board) may take disciplinary action against a person credentialed by DRL or a board if a complaint is filed against the person. Current law also contains specific provisions that allow the different sections of the examining board to take the same action. This bill eliminates these specific provisions that deal only with the examining board.

Also under current law, a credential that is issued by a board in DRL, including the examining board, may be suspended or revoked upon a vote by two-thirds of the voting members of the board. Current law also contains specific provisions that allow the land surveyor section of the examining board to take disciplinary action, including suspending or revoking a credential, or to reinstate a credential, upon a vote of three of the five members of the section. This bill eliminates these specific provisions that deal only with the land surveyor section. The bill also eliminates provisions under current law that specify that the designer section of the examining board may take disciplinary action upon a two-thirds vote by its five members.

The bill also eliminates the requirement under current law that the examining board prepare a roster of all engineers-in-training and land surveyors that are credentialed by the board. The bill does not affect a requirement under current law that each board in DRL, including the examining board, maintain a register of the names and addresses of all persons who are credentialed.

Private detectives and private security permits

Under current law, DRL issues private detective and private detective agency licenses and private security permits to persons who satisfy certain requirements. With certain exceptions, a person may not act as a private detective, private detective agency, or private security person without a license or permit. One of the requirements for a private security permit is that a private detective agency that employs an applicant for the permit must provide a recent photograph and the fingerprints of the applicant. Under this bill, the applicant for the permit, rather than the applicant's employer, must provide a recent photograph and his or her fingerprints.

Also under current law, DRL is required to promulgate rules relating to the carrying of dangerous weapons by persons who are issued private detective licenses and private security permits. The rules must meet minimum requirements under a federal law regarding the reciprocity of state licenses for certain employees of armored car companies. Under current law, this state does not have licensing requirements for such employees. This bill eliminates the requirement that DRL's rules for private detectives and private security persons meet the federal law's requirements for armored car company employees.

Outdated references

This bill eliminates outdated references in state law to transitional appraiser licenses. Under current law, no transitional appraiser license granted by DRL is valid after January 1, 1996.

Under current law, a person is not allowed to use a title related to audiology or speech-language pathology, or practice audiology or speech-language pathology, unless he or she is granted a license by the hearing and speech examining board. Prior to July 1, 1993, such persons were granted certificates of registration by the hearing and speech examining board. This bill eliminates all outdated references to audiology and speech-language pathology certificates of registration.

Hearing instruments

Also under current law, a person may not fit or sell hearing aids unless he or she is granted a license by the hearing and speech examining board to practice as a hearing instrument specialist. "Hearing aid" is defined as a device that aids or compensates for impaired hearing. In addition, certain requirements apply to the fitting and sale of hearing aids by a person who is licensed by the hearing and speech examining board. This bill replaces the term "hearing aid" with the term "hearing instrument," which the bill defines to have the same meaning as "hearing aid" under current law.

For further information, see the Notes provided by the law revision committee of the joint legislative council.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of regulation and licensing and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

SB432, s. 1 Section 1 . 15.405 (6m) (c) 1. of the statutes is repealed.

SB432, s. 2 Section 2 . 15.405 (6m) (c) 2. of the statutes is renumbered 15.405 (6m) (cm) and amended to read:

SB432,5,2 15.405 (6m) (cm) One audiologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB432, s. 3 Section 3. 15.405 (6m) (d) 1. of the statutes is repealed.

SB432, s. 4 Section 4 . 15.405 (6m) (d) 2. of the statutes is renumbered 15.405 (6m) (dm) and amended to read:

SB432,5,7 15.405 (6m) (dm) One speech-language pathologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB432, s. 5 Section 5 . 15.405 (6m) (e) of the statutes is amended to read:

SB432,5,10 15.405 (6m) (e) Two public members. One of the public members shall be a hearing aid instrument user.

SB432, s. 6 Section 6 . 29.193 (2) (a) 1. of the statutes is amended to read:

SB432,5,14 29.193 (2) (a) 1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

SB432, s. 7 Section 7 . 29.324 (1) (a) of the statutes is amended to read:

SB432,5,17 29.324 (1) (a) "Contact" means visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

SB432, s. 8 Section 8 . 49.45 (8) (a) 7. of the statutes is amended to read:

SB432,5,21 49.45 (8) (a) 7. "Speech-language pathologist" means an individual engaged in the practice of speech-language pathology, as regulated under ch. 459 has the meaning given in s. 459.20 (4).

SB432, s. 9 Section 9 . 77.54 (22) (b) of the statutes is amended to read:

SB432,5,25 77.54 (22) (b) Artificial limbs, artificial eyes, hearing aids instruments, and other equipment worn as a correction or substitute for any functioning portion of the body.

SB432, s. 10 Section 10 . 102.01 (2) (c) of the statutes is amended to read:

SB432,6,7 102.01 (2) (c) "Injury" means mental or physical harm to an employee caused by accident or disease, and also means damage to or destruction of artificial members, dental appliances, teeth, hearing aids instruments, and eyeglasses, but, in the case of hearing aids instruments or eyeglasses, only if such damage or destruction resulted from an accident which that also caused personal injury entitling the employee to compensation therefor either for disability or treatment.

SB432, s. 11 Section 11 . 111.335 (1) (cg) 1. of the statutes is amended to read:

SB432,6,12 111.335 (1) (cg) 1. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to deny or refuse to renew a license or permit under s. 440.26 subch. II of ch. 440 to a person who has been convicted of a felony and has not been pardoned for that felony.

SB432, s. 12 Section 12. 111.335 (1) (cg) 2. of the statutes is amended to read:

SB432,6,17 111.335 (1) (cg) 2. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to revoke a license or permit under s. 440.26 (6) (b) 440.35 (2) if the person holding the license or permit has been convicted of a felony and has not been pardoned for that felony.

SB432, s. 13 Section 13. 111.335 (1) (cg) 3. of the statutes is amended to read:

SB432,6,23 111.335 (1) (cg) 3. Notwithstanding s. 111.322, it is not employment discrimination because of conviction record to refuse to employ a person in a business licensed under s. 440.26 subch. II of ch. 440 or as an employee specified in s. 440.26 (5) (b) 440.29 (2) if the person has been convicted of a felony and has not been pardoned for that felony.

SB432, s. 14 Section 14 . 114.103 (1) (c) of the statutes is amended to read:

SB432,7,2 114.103 (1) (c) "Private security person" has the meaning given in s. 440.26 (1m) (h) 440.27 (1), but does not include any law enforcement officer.

SB432, s. 15 Section 15 . 149.14 (3) (k) of the statutes is amended to read:

SB432,7,6 149.14 (3) (k) Rental or purchase, as appropriate, of durable medical equipment or disposable medical supplies, other than eyeglasses and hearing aids instruments.

SB432, s. 16 Section 16 . 149.14 (4) (h) and (i) of the statutes are amended to read:

SB432,7,8 149.14 (4) (h) Eyeglasses and hearing aids instruments.

SB432,7,10 (i) Routine physical examinations, including routine examinations to determine the need for eyeglasses and hearing aids instruments.

SB432, s. 17 Section 17 . 167.31 (4) (a) 4. (intro.) of the statutes is amended to read:

SB432,7,13 167.31 (4) (a) 4. (intro.) A private security person, as defined in s. 440.26 (1m) 440.27 (1), who meets all of the following requirements:

SB432, s. 18 Section 18. 167.31 (4) (a) 4. a. of the statutes is amended to read:

SB432,7,17 167.31 (4) (a) 4. a. He or she holds either a private detective license issued under s. 440.26 (2) (a) 2. or a private security permit issued under s. 440.26 (5) subch. II of ch. 440.

SB432, s. 19 Section 19 . 440.03 (7m) of the statutes is amended to read:

SB432,8,3 440.03 (7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board, or an affiliated credentialing board be executed, verified, signed, sworn, or made under oath, notwithstanding ss. 440.26 (2) (b) 440.30 (2), 440.42 (2) (intro.), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.08 (4), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1), and 480.08 (2m).

SB432, s. 20 Section 20 . 440.04 (8) of the statutes is repealed.

SB432, s. 21 Section 21 . 440.05 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB432,8,9 440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.05, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18 and 459.46:

SB432, s. 22 Section 22 . 440.08 (2) (a) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB432,8,14 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.05, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, and 449.18 and 459.46, the renewal dates and renewal fees for credentials are as follows:

SB432, s. 23 Section 23 . 440.23 (1) of the statutes is amended to read:

SB432,8,22 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, 444.05, or 444.11 or 459.46 (2) (b) by check or debit or credit card, and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the credential on or after the 60th day after the department receives the notice from the financial institution, subject to sub. (2).

SB432, s. 24 Section 24 . 440.26 (title) of the statutes is repealed.

SB432, s. 25 Section 25. 440.26 (1) (title) of the statutes is renumbered 440.28 (title).

SB432, s. 26 Section 26. 440.26 (1) (a) (intro.) of the statutes is renumbered 440.28 (1) (intro.) and amended to read:

SB432,9,5 440.28 (1) (intro.) No Except as provided in s. 440.29 and in rules promulgated under sub. (2), no person may do any of the following unless he or she has a license or permit issued under this section subchapter:

SB432, s. 27 Section 27. 440.26 (1) (a) 1., 2., 3. and 4. of the statutes are renumbered 440.28 (1) (a), (b), (c) and (d).

SB432, s. 28 Section 28. 440.26 (1) (a) 11. of the statutes is renumbered 440.28 (1) (e) and amended to read:

SB432,9,12 440.28 (1) (e) Receive any fees or compensation for acting as any person, engaging in any business, or performing any service specified in subds. 1. to 4. pars. (a) to (d).

SB432, s. 29 Section 29. 440.26 (1) (b) of the statutes is renumbered 440.28 (2) and amended to read:

SB432,9,17 440.28 (2) The In addition to the exemptions specified under s. 440.29, the department may promulgate rules specifying activities in which a person may engage without obtaining a license or permit under this section subchapter.

SB432, s. 30 Section 30. 440.26 (1m) (intro.) of the statutes is repealed.

SB432, s. 31 Section 31. 440.26 (1m) (h) of the statutes is renumbered 440.27 (1).

SB432, s. 32 Section 32. 440.26 (2) (title) of the statutes is repealed.

SB432, s. 33 Section 33. 440.26 (2) (a) of the statutes is renumbered 440.30 (1), and 440.30 (1) (a) and (b), as renumbered, are amended to read:

SB432,9,25 440.30 (1) (a) Issue a private detective agency license to an individual, partnership, limited liability company, or corporation that meets the qualifications specified under par. (c) sub. (3). The department may not issue a license under this subdivision paragraph unless the individual or each member of the partnership or limited liability company or officer or director of the corporation who is actually engaged in the work of a private detective is issued a private detective license under this section par. (b).

SB432,10,8 (b) Issue a private detective license to an individual who meets the qualifications specified under par. (c) sub. (3) if the individual is an owner, coowner, or employee of a private detective agency required to be licensed under this section par. (a).

SB432, s. 34 Section 34. 440.26 (2) (b) of the statutes is renumbered 440.30 (2).