SB226,85,17
16(4) Exceptions. This section does not apply if the person's act or omission
17involves reckless, wanton, or intentional misconduct.
SB226, s. 309
18Section
309. 323.42 of the statutes is created to read:
SB226,85,23
19323.42 Reimbursement of local units of government. (1) In any calendar
20year, if the amount the local unit of government is liable for under ss. 323.40 and
21323.41 plus losses incurred under s. 323.43 exceed $1 per capita of the local unit of
22government's population, the state shall reimburse the local unit of government the
23amount of the excess.
SB226,86,2
24(2) In addition, the state shall reimburse a local unit of government for any
25future expenses for worker's compensation and expenses under ss. 893.80, 895.35,
1and 895.46 that result from an incident that occurred in a calendar year for which
2the state reimbursed the local unit of government under sub. (1).
SB226,86,4
3(3) The reimbursement under this section shall be made from the
4appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.
SB226, s. 310
5Section
310. 323.45 (4) of the statutes is created to read:
SB226,86,76
323.45
(4) (a) This section does not apply to a person's provision of services if
7s. 257.03 or 323.41 applies.
SB226,86,98
(b) This section does not apply to a person's provision of facilities if s. 257.04
9or 323.44 applies.
SB226, s. 311
10Section
311. Subchapter V (title) of chapter 323 [precedes 323.50] of the
11statutes is created to read:
SB226,86,1212
chapter 323
SB226,86,1513
Subchapter V
14
emergency location and
15
continuity of government
SB226, s. 312
16Section
312. 323.50 (1) of the statutes, as affected by 2009 Wisconsin Act ....
17(this act), is amended to read:
SB226,86,2318
323.50
(1) "Interim successor" means a person designated under this
19subchapter, if the officer is unavailable as the result of
enemy action a disaster or the
20imminent threat of a disaster, to exercise the powers and discharge the duties of an
21office until a successor is appointed or elected and qualified as provided by law or
22until the lawful incumbent is able to resume the exercise of the powers and discharge
23the duties of the office.
SB226, s. 313
24Section
313. 323.53 (1) of the statutes, as affected by 2009 Wisconsin Act ....
25(this act), is amended to read:
SB226,87,9
1323.53
(1) Emergency interim successors to office of governor. If, during
2a state of emergency resulting from
enemy action
a disaster or the imminent threat
3of a disaster, the governor is unavailable and the lieutenant governor and the
4secretary of state are unavailable, the attorney general, state treasurer, speaker of
5the assembly, and the president of the senate shall in the order named if the
6preceding named officers are unavailable, exercise the powers and discharge the
7duties of the office of governor until a new governor is elected and qualified, or until
8a preceding named officer becomes available; but no interim successor to those offices
9may serve as governor.
SB226, s. 314
10Section
314. 323.53 (2) (b) (intro.) of the statutes, as affected by 2009
11Wisconsin Act .... (this act), is amended to read:
SB226,87,1812
323.53
(2) (b) (intro.) If, during a state of emergency resulting from
enemy
13action a disaster or the imminent threat of a disaster, any state officer is unavailable
14and his or her deputy, if any, is also unavailable, the powers of his or her office shall
15be exercised and the duties of his or her office shall be discharged by his or her
16designated interim successors in the order specified. The interim successor shall
17exercise the powers and discharge the duties of the office only until any of the
18following occurs:
SB226, s. 315
19Section
315. 323.54 (1) of the statutes, as affected by 2009 Wisconsin Act ....
20(this act), is amended to read:
SB226,88,221
323.54
(1) The governing body of any political subdivision may enact
22ordinances and resolutions to provide a method by which interim appointments to
23public office are made during periods of emergency to fill vacancies in offices that
24result from
enemy action a disaster or the imminent threat of a disaster. The
25ordinances or resolutions shall define the scope of the powers and duties that interim
1appointees may exercise, and shall provide for termination of the interim
2appointments.
SB226, s. 316
3Section
316. 323.55 (title) of the statutes is created to read:
SB226,88,4
4323.55 (title)
Interim successors.
SB226, s. 317
5Section
317. 323.55 (3) of the statutes, as affected by 2009 Wisconsin Act ....
6(this act), is amended to read:
SB226,88,127
323.55
(3) Period during which authority may be exercised. An interim
8successor to an office may discharge the duties of the office only during the
9continuance of an emergency resulting from
enemy action in the form of an attack 10a disaster or the imminent threat of a disaster. The legislature, by joint resolution,
11may at any time terminate the authority of an interim successor to exercise the
12powers and discharge the duties of office provided in this subchapter.
SB226, s. 318
13Section
318. Subchapter VI (title) of chapter 323 [precedes 323.60] of the
14statutes is created to read:
SB226,88,1515
chapter 323
SB226,88,1716
Subchapter VI
17
emergency planning
SB226, s. 319
18Section
319. Subchapter VII (title) of chapter 323 [precedes 323.70] of the
19statutes is created to read:
SB226,88,2020
chapter 323
SB226,88,2221
Subchapter VIi
22
emergency response teams
SB226, s. 320
23Section
320. Subchapter VIII (title) of chapter 323 [precedes 323.80] of the
24statutes is created to read:
SB226,88,2525
chapter 323
SB226,89,1
1Subchapter VIII
SB226,89,32
emergency management assistance
3
compact
SB226, s. 321
4Section
321. 341.04 (intro.) of the statutes is amended to read:
SB226,89,6
5341.04 Penalty for operating unregistered or improperly registered
6vehicle. (intro.) Except during a state of emergency proclaimed under ch.
166 323:
SB226, s. 322
7Section
322. 440.88 (5) of the statutes is amended to read:
SB226,89,158
440.88
(5) Certification required. Except as provided in sub. (3m) and s.
9250.042 (4) (b) 257.03, no person may represent himself or herself to the public as a
10substance abuse counselor, clinical supervisor, or prevention specialist or a certified
11substance abuse counselor, clinical supervisor, or prevention specialist or use in
12connection with his or her name a title or description that conveys the impression
13that he or she is a substance abuse counselor, clinical supervisor, or prevention
14specialist or a certified substance abuse counselor, clinical supervisor, or prevention
15specialist unless he or she is so certified under sub. (2).
SB226, s. 323
16Section
323. 441.06 (4) of the statutes is amended to read:
SB226,89,2517
441.06
(4) Except as provided in s.
250.042 (4) (b) 257.03, no person may
18practice or attempt to practice professional nursing, nor use the title, letters, or
19anything else to indicate that he or she is a registered or professional nurse unless
20he or she is licensed under this section. Except as provided in s.
250.042 (4) (b) 21257.03, no person not so licensed may use in connection with his or her nursing
22employment or vocation any title or anything else to indicate that he or she is a
23trained, certified or graduate nurse. This subsection does not apply to any person
24who is licensed to practice nursing by a jurisdiction, other than this state, that has
25adopted the nurse licensure compact under s. 441.50.
SB226, s. 324
1Section
324. 441.10 (3) (c) of the statutes is amended to read:
SB226,90,142
441.10
(3) (c) No license is required for practical nursing, but, except as
3provided in s.
250.042 (4) (b) 257.03, no person without a license may hold himself
4or herself out as a licensed practical nurse or licensed attendant, use the title or
5letters "Trained Practical Nurse" or "T.P.N.", "Licensed Practical Nurse" or "L.P.N.",
6"Licensed Attendant" or "L.A.", "Trained Attendant" or "T.A.", or otherwise seek to
7indicate that he or she is a licensed practical nurse or licensed attendant. No licensed
8practical nurse or licensed attendant may use the title, or otherwise seek to act as
9a registered, licensed, graduate or professional nurse. Anyone violating this
10subsection shall be subject to the penalties prescribed by s. 441.13. The board shall
11grant without examination a license as a licensed practical nurse to any person who
12was on July 1, 1949, a licensed attendant. This paragraph does not apply to any
13person who is licensed to practice practical nursing by a jurisdiction, other than this
14state, that has adopted the nurse licensure compact under s. 441.50.
SB226, s. 325
15Section
325. 441.15 (2) (intro.) of the statutes is amended to read:
SB226,90,1816
441.15
(2) (intro.) Except as provided in sub. (2m) and s.
250.042 (4) (b) 257.03,
17no person may engage in the practice of nurse-midwifery unless each of the following
18conditions is satisfied:
SB226, s. 326
19Section
326. 441.15 (5) (a) 5. of the statutes is amended to read:
SB226,90,2120
441.15
(5) (a) 5. The provision of services by a nurse-midwife under s.
250.042
21(4) (b) 257.03.
SB226,91,1024
445.04
(2) No Except as provided in s. 257.03, no person may engage in the
25business of a funeral director, or make a representation as engaged in such business,
1in whole or in part, unless first licensed as a funeral director by the examining board.
2Application for a license, other than a renewal, shall be in writing and verified on a
3form to be furnished by the department. The application must specify the address
4at which the applicant proposes to conduct the business of a funeral director and
5shall contain such other information as the examining board requires to determine
6compliance with the requirements of this chapter. Accompanying the application
7shall be the initial credential fee determined by the department under s. 440.03 (9)
8(a), together with affidavits of recommendation from at least 2 persons of the county
9in which the applicant resides or proposes to conduct the business of a funeral
10director.
SB226, s. 328
11Section
328. 447.03 (1) (intro.) of the statutes is amended to read:
SB226,91,1412
447.03
(1) Dentists. (intro.) Except as provided under sub. (3) and s.
250.042
13(4) (b) 257.03, no person may do any of the following unless he or she is licensed to
14practice dentistry under this chapter:
SB226, s. 329
15Section
329. 448.03 (2) (p) of the statutes is amended to read:
SB226,91,1716
448.03
(2) (p) The provision of services by a health care provider under s.
17250.042 (4) (b) 257.03.
SB226, s. 330
18Section
330. 448.03 (3) (a) (intro.) of the statutes is amended to read:
SB226,91,2119
448.03
(3) (a) (intro.) Except as provided in s.
250.042 (4) (b) 257.03, no person
20may use or assume the title "doctor of medicine" or append to the person's name the
21letters "M.D." unless one of the following applies:
SB226, s. 331
22Section
331. 448.03 (3) (b) of the statutes is amended to read:
SB226,91,2523
448.03
(3) (b) Except as provided in s.
250.042 (4) (b) 257.03, no person not
24possessing the degree of doctor of osteopathy may use or assume the title "doctor of
25osteopathy" or append to the person's name the letters "D.O.".
SB226, s. 332
1Section
332. 448.03 (3) (e) of the statutes is amended to read:
SB226,92,72
448.03
(3) (e) Except as provided in s.
250.042 (4) (b) 257.03, no person may
3designate himself or herself as a "physician assistant" or use or assume the title
4"physician assistant" or append to the person's name the words or letters "physician
5assistant" or "P.A." or any other titles, letters or designation which represents or may
6tend to represent the person as a physician assistant unless he or she is licensed as
7a physician assistant by the board.
SB226, s. 333
8Section
333. 448.61 of the statutes is amended to read:
SB226,92,15
9448.61 License required. Except as provided in ss.
250.042 (4) (b) 257.03 and
10448.62, no person may practice podiatry, designate himself or herself as a podiatrist,
11use or assume the title "doctor of surgical chiropody", "doctor of podiatry"or "doctor
12of podiatric medicine", or append to the person's name the words or letters "doctor",
13"Dr.", "D.S.C.", "D.P.M.", "foot doctor", "foot specialist" or any other title, letters or
14designation which represents or may tend to represent the person as a podiatrist
15unless the person is licensed under this subchapter.
SB226, s. 334
16Section
334. 448.66 of the statutes is amended to read:
SB226,92,21
17448.66 Malpractice. Except as provided in s.
250.042 (4) (b) 257.03, a person
18who practices podiatry without having a license under this subchapter may be liable
19for malpractice, and his or her ignorance of a duty ordinarily performed by a licensed
20podiatrist shall not limit his or her liability for an injury arising from his or her
21practice of podiatry.
SB226, s. 335
22Section
335. 450.03 (1) (h) of the statutes is amended to read:
SB226,92,2423
450.03
(1) (h) The provision of services by a health care provider under s.
24250.042 (4) (b) 257.03.
SB226, s. 336
25Section
336. 450.145 (1) (c) of the statutes is amended to read:
SB226,93,3
1450.145
(1) (c) The dispensing of a prescription by the pharmacist or pharmacy
2for treatment of a disease that is relatively uncommon or may be associated with
3bioterrorism, as defined in s.
166.02 (1r) 323.02 (4).
SB226, s. 337
4Section
337. 453.05 (1) of the statutes is amended to read:
SB226,93,115
453.05
(1) Except as provided under sub. (2) and s.
250.042 (4) (b) 257.03, no
6person may offer to practice, advertise to practice or practice veterinary medicine,
7or use, in connection with his or her name, any title or description which may convey
8the impression that he or she is a veterinarian, without a license or temporary permit
9from the examining board. For purposes of this subsection, a person who makes
10extra-label use of a drug on an animal without a prescription or in any manner not
11authorized by that prescription is considered to be practicing veterinary medicine.
SB226, s. 338
12Section
338. 455.02 (1m) of the statutes is amended to read:
SB226,93,1613
455.02
(1m) License required to practice. Except as provided in s.
250.042
14(4) (b) 257.03, no person may engage in the practice of psychology or the private
15practice of school psychology, or attempt to do so or make a representation as
16authorized to do so, without a license issued by the examining board.
SB226, s. 339
17Section
339. 455.02 (3m) of the statutes is amended to read:
SB226,94,218
455.02
(3m) Use of titles. Except as provided in s.
250.042 (4) (b) 257.03, only
19an individual licensed under s. 455.04 (1) may use the title "psychologist" or any
20similar title or state or imply that he or she is licensed to practice psychology, and
21only an individual licensed under s. 455.04 (4) may use the title "private practice
22school psychologist" or any similar title or state or imply that he or she is licensed
23to engage in the private practice of school psychology. Except as provided in s.
24250.042 (4) (b) 257.03, only an individual licensed under s. 455.04 (1) or (4) may
1represent himself or herself to the public by any description of services incorporating
2the word "psychological" or "psychology".
SB226, s. 340
3Section
340. 457.04 (intro.) of the statutes is amended to read:
SB226,94,5
4457.04 Prohibited practices. (intro.) Except as provided in ss.
250.042 (4)
5(b) 257.03 and 457.02, no person may do any of the following:
SB226, s. 341
6Section
341. 801.50 (3m) of the statutes is created to read:
SB226,94,87
801.50
(3m) Venue in an action under s. 323.60 (8) or (9) related to hazardous
8substance releases shall be in the county as provided under s. 323.60 (10).
SB226, s. 342
9Section
342. 893.82 (2) (d) 1n. of the statutes is amended to read:
SB226,94,1310
893.82
(2) (d) 1n. A
behavioral health provider, health care provider, pupil
11services provider, or substance abuse prevention provider practitioner who provides
12services under s.
250.042 (4) 257.03 and a health care facility on whose behalf
13services are provided under s.
250.042 (4) 257.04, for the provision of those services.
SB226, s. 343
14Section
343. 895.46 (5) (am) of the statutes is amended to read:
SB226,94,1815
895.46
(5) (am) A
behavioral health provider, health care provider, pupil
16services provider, or substance abuse prevention provider practitioner who provides
17services under s.
250.042 (4) 257.03 and a health care facility on whose behalf
18services are provided under s.
250.042 (4) 257.04.
SB226, s. 344
19Section
344. 895.483 (1) of the statutes is amended to read:
SB226,94,2520
895.483
(1) A regional emergency response team, a member of such a team, and
21a local agency, as defined in s.
166.22 (1) (c) 323.70 (1) (b), that contracts with the
22division of emergency management in the department of military affairs for the
23provision of a regional emergency response team, are immune from civil liability for
24acts or omissions related to carrying out responsibilities under a contract under s.
25166.215 (1) 323.70 (2).
SB226, s. 345
1Section
345. 895.483 (2) of the statutes is amended to read:
SB226,95,62
895.483
(2) A local emergency response team, a member of such a team and the
3county, city, village, or town that contracts to provide the emergency response team
4to the county are immune from civil liability for acts or omissions related to carrying
5out responsibilities pursuant to a designation under s.
166.21 (2m) (e) 323.61 (2m)
6(e).
SB226, s. 346
7Section
346. 895.483 (3) of the statutes is amended to read:
SB226,95,108
895.483
(3) A local emergency planning committee created under s. 59.54 (8)
9(a) 1. that receives a grant under s.
166.21 323.61 is immune from civil liability for
10acts or omissions related to carrying out responsibilities under s.
166.21 323.61.
SB226, s. 347
11Section
347. 895.51 (2m) of the statutes is amended to read:
SB226,95,1812
895.51
(2m) Any person engaged in the manufacturing, distribution, or sale
13of qualified emergency household products, for profit or not for profit, who donates
14or sells, at a price not to exceed overhead and transportation costs, qualified
15emergency household products to a charitable organization or governmental unit in
16response to a state of emergency declared under s.
166.03 (1) (b) 1. or 166.23 323.10
17or 323.11 is immune from civil liability for the death of or injury to an individual
18caused by the qualified emergency household product donated or sold by the person.
SB226, s. 348
19Section
348. 895.55 (2) (intro.) of the statutes is amended to read:
SB226,95,2520
895.55
(2) (intro.) Notwithstanding any provision of s. 93.57, 299.11, 299.13,
21299.31, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, ch. 29
, 22166, 281, 283, 289, 291
or, 292
, or 323 or subch. II of ch. 295, or any other provision
23of this chapter, a person is immune from liability for damages resulting from the
24person's acts or omissions and for the removal costs resulting from the person's acts
25or omissions if all of the following conditions are met: