Amendment ASA1-AB438

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2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 438

January 12, 2012 - Offered by Representative Wynn.

AB438-ASA1,1,10 An Act to renumber and amend 49.155 (1d) (a); to amend 43.09 (1), 48.67 (1), 48.67 (3) (a), 48.67 (3) (b), 48.67 (3) (c), 48.67 (3) (d), 146.40 (1) (aw), 146.40 (2m), 252.23 (4) (a), 252.24 (4) (a), 254.176 (1), 254.176 (3) (intro.), 254.178 (2) (intro.), 254.20 (3) (a), 256.15 (5) (b), 256.15 (6) (a) 2. and 256.15 (8) (b) 3.; and to create 49.45 (2) (a) 11. c., 94.705 (2m), 101.02 (24), 146.40 (2) (am), 250.06 (1m), 251.06 (1) (d), 252.23 (4m), 252.24 (4m), 253.15 (4) (e), 254.176 (3m), 254.178 (2m), 254.20 (4m), 254.62 (3), 254.71 (3m), 255.35 (3m) (b) 9., 299.09, 343.305 (6) (bm), 440.075 and 601.41 (11) of the statutes; relating to: applying a service member's military training toward satisfying the training requirements for various professional or occupational licenses.

Analysis by the Legislative Reference Bureau

Department of Safety and Professional Services

Under current law, the Department of Safety and Professional Services (DSPS) and examining boards and affiliated credentialing boards under DSPS administer Wisconsin's professional credentialing laws and also issue licenses to plumbers, electricians, and other persons engaged in the construction industry. Different licenses, certifications, registrations, and other credentials have different training requirements that must be met before a person may receive an initial credential.

Under this substitute amendment, any relevant education, training, instruction, or other experience (instruction) that an applicant for a credential issued by DSPS or a board under DSPS obtained in connection with the applicant's service in the U.S. armed forces, the state defense force, the national guard of any state, or any other reserve component of the U.S. armed forces (military service) counts toward satisfying the initial training requirements for that credential if the applicant demonstrates to the satisfaction of DSPS or the board that issues the credential that the applicant's instruction obtained in connection with the applicant's military service is substantially equivalent to the instruction requirements for the credential.

Facilities providing care for children

Current law specifies that licensees, employees, and volunteers of certain facilities that provide care for children must comply with the following training requirements:

1. All child care center licensees, all child care providers certified for reimbursement under the Wisconsin Works program, and all employees and volunteers of such a licensee or provider who provide care and supervision for children under one year of age must receive training in the most current medically accepted methods of preventing sudden infant death syndrome.

2. All child care center licensees, all child care providers certified for reimbursement under the Wisconsin Works program, and all employees and volunteers of such a licensee or provider who provide care and supervision for children under five years of age must receive training relating to shaken baby syndrome and impacted babies.

3. All child care center licensees, all employees of such a licensee, and all staff members of a group home or shelter facility who provide care for children must have current proficiency in the use of an automated external defibrillator achieved through instruction provided by a person that is approved by the Department of Health Services (DHS); and all child welfare agencies that operate a residential care center for children and youth must have in each building housing residents of the residential care center when those residents are present at least one staff member who has that proficiency.

The substitute amendment provides that any training that an individual has obtained in connection with his or her military service counts toward satisfying those training requirements, if the individual or other appropriate person demonstrates to the satisfaction of the Department of Children and Families that the training obtained in connection with military service is substantially equivalent to those training requirements.

Providers of medical assistance

Under current law, DHS is authorized to establish criteria, by rule, that an applicant must satisfy to be certified as a provider of medical assistance. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward satisfying that criteria if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required by rule for certification as a medical assistance provider.

Public health nurses and public health officers

Under current law, DHS is required to promulgate rules to establish the qualifications for public health nurses and public health officers. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward satisfying the qualifications established by rule for public health nurses or public health officers if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required by rule to qualify as a public health nurse or a public health officer.

Nurse aides

Under current law, hospitals, nursing homes, and certain other facilities and agencies may not employ or contract with an individual to be a nurse aide unless the individual satisfies certain criteria. There are multiple options for satisfying the criteria including successfully completing an instructional program for nurse aides that is approved by DHS and successfully completing a competency evaluation that is approved by DHS. The substitute amendment adds to the list of ways to satisfy the criteria for which an individual may be hired or contracted with as a nurse aide completing relevant instruction in connection with any military service, if the individual or other appropriate person demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to an instructional program that is approved by DHS and completing the competency evaluation program that is approved by DHS.

Feeding assistants

Under current law, a nursing home or intermediate care facility for persons with mental retardation may not employ or contract with an individual to be a feeding assistant unless that individual has successfully completed a state-approved training and testing program. Under the substitute amendment, any relevant instruction that an individual has obtained in connection with any military service satisfies the requirement to complete the state-approved training program, if the individual or other appropriate person demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to the state-approved training program.

Emergency medical technicians

Under current law, DHS licenses qualified applicants as emergency medical technicians. DHS establishes, by rule, the qualifications for issuing training permits as emergency medical technicians. A training permit allows an individual to perform certain functions as an emergency medical technician under certain limitations. The substitute amendment requires DHS to consider any relevant instruction that an applicant has obtained in connection with any military service to count toward satisfying the instruction qualifications for a training permit, if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to the instruction qualifications required for the training permit.

Under current law, to be eligible for an initial license as an emergency medical technician an individual must be 18 years of age or older; be capable of performing the actions of an emergency medical technician of the level for which the individual seeks the license; not have an arrest or conviction record; satisfactorily complete a course of instruction and training prescribed by DHS or present evidence satisfactory to DHS of sufficient education and training in the field of emergency care; pass an examination approved by DHS; and have any additional qualifications DHS requires. The substitute amendment requires DHS to consider as satisfactory evidence of education and training in the field of emergency care any relevant instruction that the applicant obtained in connection with any military service, if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to the course of instruction required by DHS.

First responders

Under current law, DHS certifies qualified applicants to be first responders for providing emergency medical care. Currently, to be eligible for certification as a first responder, an individual must be 18 years of age or older; be capable of performing the actions authorized by statute or rule for a first responder; not have an arrest or conviction record; and satisfactorily complete a first responder course that meets or exceeds the guidelines issued by the federal National Highway Traffic Safety Administration and that is approved by DHS. Under the substitute amendment, any relevant instruction that an applicant obtained in connection with any military service satisfies the completion of a first responder course, if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to the first responder course.

Poison control center staff

Under current law, a poison control center is required to offer telephone services capable of providing rapid, accurate, and complete poison information that is free to users through a statewide toll-free hotline. Current law requires that an on-line staff member at a poison control center who interprets poison exposure data and provides poison intervention and management information have certain professional credentials. The substitute amendment provides that a person who obtained relevant instruction in connection with military service may be an on-line staff member at a poison control center if the person or the poison control center demonstrates to the satisfaction of DHS that the instruction that the person obtained in connection with his or her military service is substantially equivalent to the instruction that is required to interpret poison exposure data and provide poison intervention and management information for a poison control center.

Tattooists and body piercers

Under current law, DHS is required to promulgate rules to establish standards for issuing a license for a tattooist and for issuing a license for a body piercer. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward satisfying the standards established by rule for licenses for tattooists and body piercers if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required by rule to obtain the applicable license.

Lead hazard reduction and lead management management

Under current law, DHS is authorized to promulgate rules to establish certification requirements for any person who performs a lead hazard reduction activity or a lead management activity (lead activities) or who supervises the performance of lead activities. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward satisfying the certification requirements that are established by rule for persons who perform lead activities or who supervise the performance of lead activities if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required by rule for the applicable certification.

Under current law, an individual may not function as an instructor of an accredited training course in lead hazard reduction or in a lead management activity unless the individual is approved by DHS. Current law requires DHS to promulgate rules to establish requirements for approval of lead instructors. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward satisfying the requirements established by rule for approval of lead instructors if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required by rule for the approval.

Asbestos abatement

Under current law, DHS is authorized to promulgate rules to establish eligibility requirements for certification cards that are required to perform asbestos abatement activities. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward satisfying the eligibility requirements established by rule for a certification card to perform asbestos abatement activities if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required by rule for a certification card.

Food sanitation managers

Under current law, DHS is required to promulgate rules to establish a food sanitation manager certification program. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward satisfying requirements in the food sanitation manager certification program if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required by rule under the food manager certification program.

Restaurant operators

Under current law, no person may manage or operate a restaurant unless the operator or manager of the restaurant holds a current, valid certificate of food protection practices issued by DHS. Current law provides that DHS may issue a certificate of food protection practices to an individual who completes a written examination that demonstrates the individual's basic knowledge of food protection practices or who has achieved comparable compliance. The substitute amendment provides that DHS must accept any relevant instruction that an applicant obtained in connection with military service toward achieving comparable compliance with the written examination for a certificate of food protection practices if the applicant demonstrates to the satisfaction of DHS that the instruction is substantially equivalent to what is required to obtain a certificate of food protection practices.

Office of the Commissioner of Insurance

The substitute amendment provides that, when the commissioner of insurance (commissioner) issues a license, certificate, or permit for an occupation, such as a license to act as an insurance agent or as a life settlement broker, the commissioner must count any relevant instruction that the applicant has obtained in connection with military service toward the satisfaction of any requirements for instruction for that license, certificate, or permit. The commissioner is not required to count any instruction obtained in connection with the applicant's military service, however, unless the applicant demonstrates to the satisfaction of the commissioner that such instruction is substantially equivalent to the instruction required for the license, certificate, or permit.

Division for Libraries, Technology, and Community Learning.

Under current law, the Division of Libraries, Technology, and Community Learning (division) within the Department of Public Instruction issues certificates to public librarians. The substitute amendment provides that any relevant instruction that an applicant for a certificate has obtained in connection with any military service counts toward the satisfaction of any requirement for instruction for the certificate if the applicant demonstrates to the satisfaction of the division that the instruction obtained by the applicant is substantially equivalent to the instruction required for the certificate.

Department of Transportation

Under current law, the Department of Transportation (DOT) issues approvals, certifications, and permits to certain persons involved in the process of performing chemical analysis of a person's breath for the presence or quantity of alcohol or controlled substances. The substitute amendment provides that any relevant instruction that an applicant for an approval, certification, or permit has obtained in connection with any military service counts toward the satisfaction of any requirement for instruction for the approval, certification, or permit if the applicant demonstrates to the satisfaction of DOT that the instruction obtained by the applicant is substantially equivalent to the instruction required for the approval, certification, or permit.

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

AB438-ASA1, s. 1 Section 1. 43.09 (1) of the statutes is amended to read:

AB438-ASA1,7,11 43.09 (1) Public librarians. The division shall issue certificates to public librarians and promulgate, under ch. 227, necessary standards for public librarians. The qualifications for public librarians shall be based on education, professional training and experience. Any relevant instruction, as defined in s. 101.02 (24) (a) 1., that an applicant for a certificate has obtained in connection with any military service, as defined in s. 111.32 (12g), counts toward satisfying any requirement for instruction for a certificate under this subsection if the applicant demonstrates to the satisfaction of the division that the instruction obtained by the applicant is substantially equivalent to the instruction required for the certificate. Certificates already granted prior to December 17, 1971, shall remain in effect.

AB438-ASA1, s. 2 Section 2. 48.67 (1) of the statutes is amended to read:

AB438-ASA1,7,22 48.67 (1) That all child care center licensees, and all employees and volunteers of a child care center, who provide care and supervision for children under one year of age receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. The rules shall provide that any training in those methods that a licensee has obtained in connection with military service, as defined in s. 111.32 (12g), counts toward satisfying the training requirement under this subsection if the licensee demonstrates to the satisfaction of the department that the training obtained in that connection is substantially equivalent to the training required under this subsection.

AB438-ASA1, s. 3 Section 3. 48.67 (3) (a) of the statutes is amended to read:

AB438-ASA1,8,7 48.67 (3) (a) That all child care center licensees, and all employees of a child care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained by the licensee in connection with military service, as defined in s. 111.32 (12g), if the licensee demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38).

AB438-ASA1, s. 4 Section 4. 48.67 (3) (b) of the statutes is amended to read:

AB438-ASA1,8,17 48.67 (3) (b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction or through instruction obtained in connection with military service, as defined in s. 111.32 (12g), if the staff member or group home demonstrates to the satisfaction of the department that the instruction obtained in that connection is substantially equivalent to the instruction provided by a person approved under s. 46.03 (38).

AB438-ASA1, s. 5 Section 5. 48.67 (3) (c) of the statutes is amended to read: