AB316: Bill Text

AB316,88,22 Subchapter VIi emergency response teams

AB316, s. 320 Section 320. Subchapter VIII (title) of chapter 323 [precedes 323.80] of the statutes is created to read:

AB316,88,25 chapter 323

AB316,89,1 Subchapter VIII

AB316,89,3 emergency management assistance compact

AB316, s. 321 Section 321. 341.04 (intro.) of the statutes is amended to read:

AB316,89,6 341.04 Penalty for operating unregistered or improperly registered vehicle. (intro.) Except during a state of emergency proclaimed under ch. 166 323:

AB316, s. 322 Section 322. 440.88 (5) of the statutes is amended to read:

AB316,89,15 440.88 (5) Certification required. Except as provided in sub. (3m) and s. 250.042 (4) (b) 257.03, 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).

AB316, s. 323 Section 323. 441.06 (4) of the statutes is amended to read:

AB316,89,25 441.06 (4) Except as provided in s. 250.042 (4) (b) 257.03, no person may practice or attempt to practice professional nursing, nor use the title, letters, or anything else to indicate that he or she is a registered or professional nurse unless he or she is licensed under this section. Except as provided in s. 250.042 (4) (b) 257.03, no person not so licensed may use in connection with his or her nursing employment or vocation any title or anything else to indicate that he or she is a trained, certified or graduate nurse. This subsection does not apply to any person who is licensed to practice nursing by a jurisdiction, other than this state, that has adopted the nurse licensure compact under s. 441.50.

AB316, s. 324 Section 324. 441.10 (3) (c) of the statutes is amended to read:

AB316,90,14 441.10 (3) (c) No license is required for practical nursing, but, except as provided in s. 250.042 (4) (b) 257.03, no person without a license may hold himself or herself out as a licensed practical nurse or licensed attendant, use the title or letters "Trained Practical Nurse" or "T.P.N.", "Licensed Practical Nurse" or "L.P.N.", "Licensed Attendant" or "L.A.", "Trained Attendant" or "T.A.", or otherwise seek to indicate that he or she is a licensed practical nurse or licensed attendant. No licensed practical nurse or licensed attendant may use the title, or otherwise seek to act as a registered, licensed, graduate or professional nurse. Anyone violating this subsection shall be subject to the penalties prescribed by s. 441.13. The board shall grant without examination a license as a licensed practical nurse to any person who was on July 1, 1949, a licensed attendant. This paragraph does not apply to any person who is licensed to practice practical nursing by a jurisdiction, other than this state, that has adopted the nurse licensure compact under s. 441.50.

AB316, s. 325 Section 325. 441.15 (2) (intro.) of the statutes is amended to read:

AB316,90,18 441.15 (2) (intro.) Except as provided in sub. (2m) and s. 250.042 (4) (b) 257.03, no person may engage in the practice of nurse-midwifery unless each of the following conditions is satisfied:

AB316, s. 326 Section 326. 441.15 (5) (a) 5. of the statutes is amended to read:

AB316,90,21 441.15 (5) (a) 5. The provision of services by a nurse-midwife under s. 250.042 (4) (b) 257.03.

AB316, s. 327 Section 327. 445.04 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB316,91,10 445.04 (2) No Except as provided in s. 257.03, no person may engage in the business of a funeral director, or make a representation as engaged in such business, in whole or in part, unless first licensed as a funeral director by the examining board. Application for a license, other than a renewal, shall be in writing and verified on a form to be furnished by the department. The application must specify the address at which the applicant proposes to conduct the business of a funeral director and shall contain such other information as the examining board requires to determine compliance with the requirements of this chapter. Accompanying the application shall be the initial credential fee determined by the department under s. 440.03 (9) (a), together with affidavits of recommendation from at least 2 persons of the county in which the applicant resides or proposes to conduct the business of a funeral director.

AB316, s. 328 Section 328. 447.03 (1) (intro.) of the statutes is amended to read:

AB316,91,14 447.03 (1) Dentists. (intro.) Except as provided under sub. (3) and s. 250.042 (4) (b) 257.03, no person may do any of the following unless he or she is licensed to practice dentistry under this chapter:

AB316, s. 329 Section 329. 448.03 (2) (p) of the statutes is amended to read:

AB316,91,17 448.03 (2) (p) The provision of services by a health care provider under s. 250.042 (4) (b) 257.03.

AB316, s. 330 Section 330. 448.03 (3) (a) (intro.) of the statutes is amended to read:

AB316,91,21 448.03 (3) (a) (intro.) Except as provided in s. 250.042 (4) (b) 257.03, no person may use or assume the title "doctor of medicine" or append to the person's name the letters "M.D." unless one of the following applies:

AB316, s. 331 Section 331. 448.03 (3) (b) of the statutes is amended to read:

AB316,91,25 448.03 (3) (b) Except as provided in s. 250.042 (4) (b) 257.03, no person not possessing the degree of doctor of osteopathy may use or assume the title "doctor of osteopathy" or append to the person's name the letters "D.O.".

AB316, s. 332 Section 332. 448.03 (3) (e) of the statutes is amended to read:

AB316,92,7 448.03 (3) (e) Except as provided in s. 250.042 (4) (b) 257.03, no person may designate himself or herself as a "physician assistant" or use or assume the title "physician assistant" or append to the person's name the words or letters "physician assistant" or "P.A." or any other titles, letters or designation which represents or may tend to represent the person as a physician assistant unless he or she is licensed as a physician assistant by the board.

AB316, s. 333 Section 333. 448.61 of the statutes is amended to read:

AB316,92,15 448.61 License required. Except as provided in ss. 250.042 (4) (b) 257.03 and 448.62, no person may practice podiatry, designate himself or herself as a podiatrist, use or assume the title "doctor of surgical chiropody", "doctor of podiatry"or "doctor of podiatric medicine", or append to the person's name the words or letters "doctor", "Dr.", "D.S.C.", "D.P.M.", "foot doctor", "foot specialist" or any other title, letters or designation which represents or may tend to represent the person as a podiatrist unless the person is licensed under this subchapter.

AB316, s. 334 Section 334. 448.66 of the statutes is amended to read:

AB316,92,21 448.66 Malpractice. Except as provided in s. 250.042 (4) (b) 257.03, a person who practices podiatry without having a license under this subchapter may be liable for malpractice, and his or her ignorance of a duty ordinarily performed by a licensed podiatrist shall not limit his or her liability for an injury arising from his or her practice of podiatry.

AB316, s. 335 Section 335. 450.03 (1) (h) of the statutes is amended to read:

AB316,92,24 450.03 (1) (h) The provision of services by a health care provider under s. 250.042 (4) (b) 257.03.

AB316, s. 336 Section 336. 450.145 (1) (c) of the statutes is amended to read:

AB316,93,3 450.145 (1) (c) The dispensing of a prescription by the pharmacist or pharmacy for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 166.02 (1r) 323.02 (4).

AB316, s. 337 Section 337. 453.05 (1) of the statutes is amended to read:

AB316,93,11 453.05 (1) Except as provided under sub. (2) and s. 250.042 (4) (b) 257.03, no person may offer to practice, advertise to practice or practice veterinary medicine, or use, in connection with his or her name, any title or description which may convey the impression that he or she is a veterinarian, without a license or temporary permit from the examining board. For purposes of this subsection, a person who makes extra-label use of a drug on an animal without a prescription or in any manner not authorized by that prescription is considered to be practicing veterinary medicine.

AB316, s. 338 Section 338. 455.02 (1m) of the statutes is amended to read:

AB316,93,16 455.02 (1m) License required to practice. Except as provided in s. 250.042 (4) (b) 257.03, no person may engage in the practice of psychology or the private practice of school psychology, or attempt to do so or make a representation as authorized to do so, without a license issued by the examining board.

AB316, s. 339 Section 339. 455.02 (3m) of the statutes is amended to read:

AB316,94,2 455.02 (3m) Use of titles. Except as provided in s. 250.042 (4) (b) 257.03, only an individual licensed under s. 455.04 (1) may use the title "psychologist" or any similar title or state or imply that he or she is licensed to practice psychology, and only an individual licensed under s. 455.04 (4) may use the title "private practice school psychologist" or any similar title or state or imply that he or she is licensed to engage in the private practice of school psychology. Except as provided in s. 250.042 (4) (b) 257.03, only an individual licensed under s. 455.04 (1) or (4) may represent himself or herself to the public by any description of services incorporating the word "psychological" or "psychology".

AB316, s. 340 Section 340. 457.04 (intro.) of the statutes is amended to read:

AB316,94,5 457.04 Prohibited practices. (intro.) Except as provided in ss. 250.042 (4) (b) 257.03 and 457.02, no person may do any of the following:

AB316, s. 341 Section 341. 801.50 (3m) of the statutes is created to read:

AB316,94,8 801.50 (3m) Venue in an action under s. 323.60 (8) or (9) related to hazardous substance releases shall be in the county as provided under s. 323.60 (10).

AB316, s. 342 Section 342. 893.82 (2) (d) 1n. of the statutes is amended to read:

AB316,94,13 893.82 (2) (d) 1n. A behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider practitioner who provides services under s. 250.042 (4) 257.03 and a health care facility on whose behalf services are provided under s. 250.042 (4) 257.04, for the provision of those services.

AB316, s. 343 Section 343. 895.46 (5) (am) of the statutes is amended to read:

AB316,94,18 895.46 (5) (am) A behavioral health provider, health care provider, pupil services provider, or substance abuse prevention provider practitioner who provides services under s. 250.042 (4) 257.03 and a health care facility on whose behalf services are provided under s. 250.042 (4) 257.04.

AB316, s. 344 Section 344. 895.483 (1) of the statutes is amended to read:

AB316,94,25 895.483 (1) A regional emergency response team, a member of such a team, and a local agency, as defined in s. 166.22 (1) (c) 323.70 (1) (b), that contracts with the division of emergency management in the department of military affairs for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.215 (1) 323.70 (2).

AB316, s. 345 Section 345. 895.483 (2) of the statutes is amended to read:

AB316,95,6 895.483 (2) A local emergency response team, a member of such a team and the county, city, village, or town that contracts to provide the emergency response team to the county are immune from civil liability for acts or omissions related to carrying out responsibilities pursuant to a designation under s. 166.21 (2m) (e) 323.61 (2m) (e).

AB316, s. 346 Section 346. 895.483 (3) of the statutes is amended to read:

AB316,95,10 895.483 (3) A local emergency planning committee created under s. 59.54 (8) (a) 1. that receives a grant under s. 166.21 323.61 is immune from civil liability for acts or omissions related to carrying out responsibilities under s. 166.21 323.61.

AB316, s. 347 Section 347. 895.51 (2m) of the statutes is amended to read:

AB316,95,18 895.51 (2m) Any person engaged in the manufacturing, distribution, or sale of qualified emergency household products, for profit or not for profit, who donates or sells, at a price not to exceed overhead and transportation costs, qualified emergency household products to a charitable organization or governmental unit in response to a state of emergency declared under s. 166.03 (1) (b) 1. or 166.23 323.10 or 323.11 is immune from civil liability for the death of or injury to an individual caused by the qualified emergency household product donated or sold by the person.

AB316, s. 348 Section 348. 895.55 (2) (intro.) of the statutes is amended to read:

AB316,95,25 895.55 (2) (intro.) Notwithstanding any provision of s. 93.57, 299.11, 299.13, 299.31, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, ch. 29, 166, 281, 283, 289, 291 or, 292, or 323 or subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:

AB316, s. 349 Section 349. 979.012 (1) of the statutes is amended to read:

AB316,96,12 979.012 (1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 166.02 (7) (a) 323.02 (16) (a) or if the coroner or medical examiner knows or suspects that the person had a communicable disease that, under rules promulgated by the department of health services, must be reported to a local health officer or to the state epidemiologist, the coroner or medical examiner shall report the illness, health condition, or communicable disease to the department of health services and to the local health department, as defined in s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness, health condition, or communicable disease.

AB316, s. 350 Section 350. Laws of 1965, chapter 583, section 9 is amended to read:

AB316,96,19 [Laws of 1965, chapter 583] Section 9 This act shall take effect upon the filing with the secretary of state and revisor of statutes legislative reference bureau, by the director secretary of the state department of agriculture, trade and consumer protection, of a statement certifying that an act ratifying and enacting into the law the pest control compact substantially in the form set forth herein has been adopted by the states of Illinois, Iowa, Michigan and Minnesota.

AB316, s. 351 Section 351. Initial applicability.

AB316,96,23 (1) The renumbering and amendment of section 94.77 of the statutes and the creation of section 94.77 (2) and (3) of the statutes first apply to violations committed on the effective date of this subsection.

AB316, s. 352 Section 352. Effective dates. This act takes effect on the day after publication, except as follows:

AB316,97,2 (1) Funeral directors. The treatment of section 445.04 (2) of the statutes takes effect on July 1, 2009, or on the day after publication, whichever is later.

AB316,97,9 (2) Succession in emergencies resulting from disaster. The amendment of sections 323.50 (1), 323.53 (1) and (2) (b) (intro.), 323.54 (1), and 323.55 (3) of the statutes takes effect on the day after the secretary of state notifies the legislature that an amendment to the Wisconsin Constitution has been approved that requires the legislature to provide for temporary succession to the powers and duties of public offices for the period of an emergency resulting from a cause other than an enemy action.

AB316,97,10 (End)