25,2331
Section
2331. 440.08 (2) (a) 68t. of the statutes is amended to read:
440.08 (2) (a) 68t. Social worker, independent clinical: July March 1 of each odd-numbered year; $73.
25,2332
Section
2332. 440.08 (2) (a) 69. of the statutes is amended to read:
440.08 (2) (a) 69. Time-share salesperson: January 1 December 15 of each odd-numbered even-numbered year; $119.
25,2333
Section
2333. 440.08 (2) (a) 70. of the statutes is amended to read:
440.08 (2) (a) 70. Veterinarian: January 1 December 15 of each even-numbered odd-numbered year; $105.
25,2334
Section
2334. 440.08 (2) (a) 71. of the statutes is amended to read:
440.08 (2) (a) 71. Veterinary technician: January 1 December 15 of each even-numbered
odd-numbered year; $58.
25,2336
Section
2336. Subchapter VI of chapter 440 [precedes 440.70] of the statutes is created to read:
chapter 440
subchapter VI
sanitarians
25,2336m
Section 2336m. 440.70 (6) of the statutes is created to read:
440.70 (6) Applications. An application for a sanitarian registration under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the fee specified in s. 440.05 (1). The renewal date and renewal fee for a sanitarian registration are specified under s.440.08 (2) (a).
25,2337
Section
2337. 440.70 (9) of the statutes is created to read:
440.70 (9) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, or revocation of a registration under sub. (8), the department may assess against any person a forfeiture of not less than $100 nor more than $1,000 for each violation under sub. (8).
25,2337am
Section 2337am. Subchapter VII of chapter 440 [precedes 440.75] of the statutes is created to read:
chapter 440
subchapter Vii
substance abuse counselors,
clinical supervisors,
and prevention specialists
440.75 Substance abuse counselors, clinical supervisors, and prevention specialists. (1)
Definitions. In this subchapter:
(a) "Clinical supervisor" means a basic clinical supervisor, an intermediate clinical supervisor, or an independent clinical supervisor.
(b) "Substance abuse counselor" means a basic substance abuse counselor, an intermediate substance abuse counselor, or an independent substance abuse counselor.
(2) Certification. Except as provided in sub. (3m) and s. 440.12 or 440.13, the department shall certify as a substance abuse counselor, a clinical supervisor, or a prevention specialist any individual who satisfies the applicable conditions in sub. (3) and who has presented evidence satisfactory to the department that applicable certification standards and qualification of the department, as established by rule, have been met.
(3) Certification; standards and qualifications. (a) Subject to pars. (b) and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under s. HFS 75.02 (11) and (84), 2005 Wis. Adm. Code:
1. Basic substance abuse counselors.
2. Intermediate substance abuse counselors.
3. Independent substance abuse counselors.
4. Basic clinical supervisors.
5. Intermediate clinical supervisors.
6. Independent clinical supervisors.
7. Prevention specialists.
(b) Rules promulgated under par. (a) shall include standards based on demonstrated requisite competency, knowledge, skills, and attitudes of professional practice that are culturally competent and evidence-based.
(c) Before the department may promulgate rules under par. (a), the department shall appoint a certification review committee under s. 227.13 and shall consult with the certification review committee on the proposed rules.
A majority of the members of the certification review committee required under this paragraph shall represent alcohol and other drug abuse organizations in this state, as recommended by the Wisconsin Association on Alcoholism and Other Drug Abuse, Inc.
(3m) Exception. This section does not apply to a physician, as defined in s. 448.01 (5),
who specializes in psychiatry, a clinical social worker, as defined in s. 457.01 (1r), or a licensed psychologist, as defined in s. 455.01 (4), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
(4) Applications; certification period. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the fee specified in s. 440.05 (1). The renewal date and renewal fee for certification as a substance abuse counselor, clinical supervisor, or prevention specialist are specified under s. 440.08 (2) (a).
(5) Certification required. Except as provided in sub. (3m), no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under sub. (2).
(6) Revocation, denial, suspension, or limitation of certification. The department may, after a hearing held in conformity with chapter 227, revoke, deny, suspend, or limit under this subchapter the certification of any substance abuse counselor, clinical supervisor, or prevention specialist or reprimand the substance abuse counselor, clinical supervisor, or prevention specialist, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence.
(7) Reciprocal certification. The department may, upon application and payment of the required fee, issue certification as a substance abuse counselor, clinical supervisor, or prevention specialist to an individual who holds a similar unexpired certification issued to the individual by another state for which the requirements for certification are of a standard that is not lower than that specified in this subchapter.
(8) Certification other than by department prohibited. No entity other than the department may certify substance abuse counselors, clinical supervisors, or prevention specialists.
25,2337b
Section 2337b. 440.90 (1) of the statutes is renumbered 440.90 (1c).
25,2337c
Section 2337c. 440.90 (1b) of the statutes is created to read:
440.90 (1b) "Board" means the cemetery board.
25,2337d
Section 2337d. 440.90 (4m) of the statutes is created to read:
440.90 (4m) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).
25,2337e
Section 2337e. 440.90 (4r) of the statutes is created to read:
440.90 (4r) "Licensee" means a person licensed under this subchapter.
25,2337g
Section 2337g. 440.905 of the statutes is created to read:
440.905 General duties and powers of board. (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of regulation and licensing on matters relating to cemeteries, to this chapter, or to the board.
(2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. The board may determine, by rule, a fee under s. 440.05 (1) (a) and under s. 440.08 (2) (a) 21. that is sufficient to fund the board's operating costs.
25,2337h
Section 2337h. 440.91 (1) of the statutes is renumbered 440.91 (1) (a) and amended to read:
440.91 (1) (a) Except as provided in sub. (6m), every Any cemetery authority that operates a cemetery that is 5 acres or more in size, that sells or solicits the sale of a total of 10 20 or more cemetery lots or mausoleum spaces at a cemetery during a calendar year and that pays any commission or other compensation to any person for selling or soliciting the sale of its cemetery lots or mausoleum spaces shall register with, or that has $100,000 or more in preneed trust fund accounts for a cemetery shall apply to the department. The registration shall be in writing and shall include the names of the officers of the cemetery authority board for a license for that cemetery. A cemetery authority that operates more than one cemetery shall apply for a separate license for each cemetery that is 5 acres or more in size and for each cemetery at which it sells 20 or more burial spaces or at which it has $100,000 or more in preneed trust fund accounts.
25,2337i
Section 2337i. 440.91 (1) (b) and (c) of the statutes are created to read:
440.91 (1) (b) The board shall grant a license to a cemetery authority if all of the following are satisfied:
1. The cemetery authority submits an application for the license to the board on a form provided by the board. The application shall require the cemetery authority to provide the names of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.
2. The cemetery authority pays the fee specified in s. 440.05 (1).
(c) 1. The renewal dates and renewal fees for licenses granted under par. (b) are specified in s. 440.08 (2) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in preneed trust fund accounts for a cemetery.
2. A licensed cemetery authority that is not required to renew its license under subd. 1. shall renew the license if, during a period of 2 consecutive calendar years that is subsequent to the period specified in subd. 1., the cemetery authority sells 20 or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more in preneed trust fund accounts for a cemetery.
25,2337k
Section 2337k. 440.91 (2) (intro.) of the statutes is amended to read:
440.91 (2) (intro.) Except as provided in subs. (7) and sub. (10), every individual who
person that sells or solicits the sale of, or who that expects to sell or solicit the sale of, a total of 10 20 or more cemetery lots or mausoleum spaces per year during a 2 consecutive calendar year years shall register with be licensed by the department. An individual board. A person may not be registered licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in s. 440.05 (1). The cemetery authority shall certify in writing to the department board that the individual person is competent to act as a cemetery salesperson. Within 10 days after the certification of any cemetery salesperson, the cemetery salesperson shall verify and An applicant for licensure as a cemetery salesperson shall furnish to the department board, in such form as the department board prescribes, all of the following information:
25,2337L
Section 2337L. 440.91 (2) (a) of the statutes is repealed and recreated to read:
440.91 (2) (a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.
25,2337m
Section 2337m. 440.91 (6m) of the statutes is amended to read:
440.91 (6m) A cemetery authority of a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered licensed under sub. (1).
25,2337n
Section 2337n. 440.91 (7) of the statutes is amended to read:
440.91 (7) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be registered licensed under sub. (2).
25,2337p
Section 2337p. 440.91 (9) of the statutes is amended to read:
440.91 (9) No cemetery authority or cemetery salesperson registered licensed under sub. (1) or (2) may pay a fee or commission as compensation for a referral or as a finder's fee relating to the sale of a cemetery lot, cemetery merchandise or mausoleum a burial space to any person who is not registered licensed under sub. (1) or (2) or who is not regularly and lawfully engaged in the sale of cemetery lots, cemetery merchandise or mausoleum burial spaces in another state or territory of the United States or a foreign country.
25,2337q
Section 2337q. 440.91 (10) of the statutes is amended to read:
440.91 (10) Nothing in this section requires an individual who is registered licensed as a preneed seller under s. 440.92 (1) to be registered licensed as a cemetery salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery merchandise or undeveloped spaces under preneed sales contracts.
25,2337r
Section 2337r. 440.92 (1) (title) of the statutes is repealed and recreated to read:
440.92 (1) (title) Licensure.
25,2337s
Section 2337s. 440.92 (1) (a) of the statutes is amended to read:
440.92 (1) (a) Except as provided in subs. (4), (9) (a) and (10), every individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract and, if the individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is also required to be registered licensed under this subsection.
25,2337t
Section 2337t. 440.92 (1) (b) (intro.) of the statutes is amended to read:
440.92 (1) (b) (intro.) The department
board shall issue a certificate of registration licensure as a cemetery preneed seller to any person who does all of the following:
25,2337u
Section 2337u. 440.92 (1) (bm) of the statutes is created to read:
440.92 (1) (bm) If a cemetery authority that is licensed under this subsection notifies the board that it proposes to take an action specified in s. 157.08 (2) (b) 1. b. or c. and the board does not object to the action under s. 157.08 (2) (b) 3., the board shall revoke the license and require the cemetery authority to reapply for a license under this subsection.
25,2337v
Section 2337v. 440.92 (1) (e) of the statutes is amended to read:
440.92 (1) (e) Nothing in this subsection requires an individual who is registered licensed as a cemetery salesperson under s. 440.91 (2) to be registered licensed under this subsection if the individual does not conduct or solicit any sale under a preneed sales contract.
25,2337wc
Section 2337wc. 440.92 (4) (a) (intro.) and (b) of the statutes are amended to read:
440.92 (4) (a) (intro.) Any person who sells or solicits the sale of cemetery merchandise under a preneed sales contract is not required to be registered licensed under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if all payments received under the preneed sales contract are trusted as required under s. 445.125 (1) (a) 1. or if all of the following conditions are met:
(b) If any preneed seller who is not registered licensed under sub. (1) accepts a payment under a preneed sales contract and the merchandise is not delivered within 180 days after the date of the sale, the preneed seller shall immediately notify the purchaser that the purchaser is entitled to a refund of all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04, at any time before the merchandise is delivered.
25,2337wf
Section 2337wf. 440.92 (6) (a), (d), (e), (h), (i), (j) and (k) of the statutes are amended to read:
440.92 (6) (a) Every preneed seller registered licensed under sub. (1) shall file an annual report with the department board. The report shall be made on a form prescribed and furnished by the department board. The report shall be made on a calendar-year basis unless the department board, by rule, provides for other reporting periods. The report is due on or before the 60th day after the last day of the reporting period.
(d) All records described under pars. (b) 2. and (c) and maintained by the department board are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5).
(e) The department board shall review each report filed under par. (a) to determine whether the preneed seller is complying with this section.
(h) The records under par. (b) 1. shall be permanently maintained by the preneed seller. The records under par. (b) 2. shall be maintained for not less than 3 years after all of the obligations of the preneed sales contract have been fulfilled. The department board may promulgate rules to establish longer time periods for maintaining records under this paragraph.
(i) The department board may promulgate rules requiring preneed sellers registered licensed under sub. (1) to maintain other records and establishing minimum time periods for the maintenance of those records.
(j) The department board may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller registered licensed under sub. (1), including records, trust funds and accounts pertaining to services provided by a preneed seller which are not otherwise subject to the requirements under this section. The department may conduct audits under this paragraph on a random basis, and shall conduct all audits under this paragraph without providing prior notice to the preneed seller.
