LRBs0258/2
ALL:cjs:rs
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 438
January 12, 2012 - Offered by Representative Wynn.
AB438-ASA1,1,10
1An Act to renumber and amend 49.155 (1d) (a);
to amend 43.09 (1), 48.67 (1),
248.67 (3) (a), 48.67 (3) (b), 48.67 (3) (c), 48.67 (3) (d), 146.40 (1) (aw), 146.40 (2m),
3252.23 (4) (a), 252.24 (4) (a), 254.176 (1), 254.176 (3) (intro.), 254.178 (2) (intro.),
4254.20 (3) (a), 256.15 (5) (b), 256.15 (6) (a) 2. and 256.15 (8) (b) 3.; and
to create
549.45 (2) (a) 11. c., 94.705 (2m), 101.02 (24), 146.40 (2) (am), 250.06 (1m), 251.06
6(1) (d), 252.23 (4m), 252.24 (4m), 253.15 (4) (e), 254.176 (3m), 254.178 (2m),
7254.20 (4m), 254.62 (3), 254.71 (3m), 255.35 (3m) (b) 9., 299.09, 343.305 (6) (bm),
8440.075 and 601.41 (11) of the statutes;
relating to: applying a service
9member's military training toward satisfying the training requirements for
10various 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-ASA1,7,112
43.09
(1) Public librarians. The division shall issue certificates to public
3librarians and promulgate, under ch. 227, necessary standards for public librarians.
4The qualifications for public librarians shall be based on education, professional
5training and experience.
Any relevant instruction, as defined in s. 101.02 (24) (a) 1.,
6that an applicant for a certificate has obtained in connection with any military
7service, as defined in s. 111.32 (12g), counts toward satisfying any requirement for
8instruction for a certificate under this subsection if the applicant demonstrates to the
9satisfaction of the division that the instruction obtained by the applicant is
10substantially equivalent to the instruction required for the certificate. Certificates
11already granted prior to December 17, 1971, shall remain in effect.
AB438-ASA1,7,2213
48.67
(1) That all child care center licensees, and all employees and volunteers
14of a child care center, who provide care and supervision for children under one year
15of age receive, before the date on which the license is issued or the employment or
16volunteer work commences, whichever is applicable, training in the most current
17medically accepted methods of preventing sudden infant death syndrome.
The rules
18shall provide that any training in those methods that a licensee has obtained in
19connection with military service, as defined in s. 111.32 (12g), counts toward
20satisfying the training requirement under this subsection if the licensee
21demonstrates to the satisfaction of the department that the training obtained in that
22connection is substantially equivalent to the training required under this subsection.
AB438-ASA1,8,724
48.67
(3) (a) That all child care center licensees, and all employees of a child
25care center, who provide care and supervision for children have current proficiency
1in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr),
2achieved through instruction provided by an individual, organization, or institution
3of higher education that is approved under s. 46.03 (38) to provide such instruction
4or through instruction obtained by the licensee in connection with military service,
5as defined in s. 111.32 (12g), if the licensee demonstrates to the satisfaction of the
6department that the instruction obtained in that connection is substantially
7equivalent to the instruction provided by a person approved under s. 46.03 (38).
AB438-ASA1,8,179
48.67
(3) (b) That all staff members of a group home who provide care for the
10residents of the group home have current proficiency in the use of an automated
11external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction
12provided by an individual, organization, or institution of higher education that is
13approved under s. 46.03 (38) to provide such instruction
or through instruction
14obtained in connection with military service, as defined in s. 111.32 (12g), if the staff
15member or group home demonstrates to the satisfaction of the department that the
16instruction obtained in that connection is substantially equivalent to the instruction
17provided by a person approved under s. 46.03 (38).
AB438-ASA1,9,419
48.67
(3) (c) That all staff members of a shelter care facility who provide care
20and supervision for children have current proficiency in the use of an automated
21external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction
22provided by an individual, organization, or institution of higher education that is
23approved under s. 46.03 (38) to provide such instruction
or through instruction
24obtained in connection with military service, as defined in s. 111.32 (12g), if the staff
25member or shelter care facility demonstrates to the satisfaction of the department
1that the instruction obtained in that connection is substantially equivalent to the
2instruction provided by a person approved under s. 46.03 (38), and that all shelter
3care facilities have readily available on the premises of the shelter care facility a staff
4member or other person who has that proficiency.
AB438-ASA1,9,166
48.67
(3) (d) That all child welfare agencies that operate a residential care
7center for children and youth have in each building housing residents of the
8residential care center for children and youth when those residents are present at
9least one staff member who has current proficiency in the use of an automated
10external defibrillator, as defined in s. 256.15 (1) (cr), achieved through instruction
11provided by an individual, organization, or institution of higher education that is
12approved under s. 46.03 (38) to provide such instruction
or through instruction
13obtained in connection with military service, as defined in s. 111.32 (12g), if the staff
14member or child welfare agency demonstrates to the satisfaction of the department
15that the instruction obtained in that connection is substantially equivalent to the
16instruction provided by a person approved under s. 46.03 (38).
AB438-ASA1, s. 7
17Section
7. 49.155 (1d) (a) of the statutes is renumbered 49.155 (1d) (a) (intro.)
18and amended to read:
AB438-ASA1,9,2519
49.155
(1d) (a) (intro.) The department shall promulgate rules establishing
20standards for the certification of child care providers under s. 48.651. The
21department shall consult with the child abuse and neglect prevention board before
22promulgating those rules. In establishing the requirements for certification under
23this paragraph of a child care provider, the department shall include a requirement
24that all providers and all employees and volunteers of a provider who provide care
25and supervision for children receive, before the date on which the provider is certified
1or the employment or volunteer work commences, whichever is applicable,
training 2all of the following:
AB438-ASA1,10,11
31. Training in the most current medically accepted methods of preventing
4sudden infant death syndrome, if the provider, employee, or volunteer provides care
5and supervision for children under one year of age
, and the training. The rules shall
6provide that any training in those methods that a provider, employee, or volunteer
7has obtained in connection with military service, as defined in s. 111.32 (12g), counts
8toward satisfying the training requirement under this subdivision, if the provider,
9employee, or volunteer demonstrates to the satisfaction of the department that the
10training obtained in that connection is substantially equivalent to the training
11required under this subdivision.
AB438-ASA1,10,14
122. Training relating to shaken baby syndrome and impacted babies required
13under s. 253.15 (4) (b) or (c), if the provider, employee, or volunteer provides care and
14supervision for children under 5 years of age.
AB438-ASA1,10,17
15(am) In establishing the requirements for certification as a Level II certified
16family child care provider, the department may not include any
other requirement
17for training for
those providers
other than the training required under par. (a).
AB438-ASA1, s. 8
18Section
8. 49.45 (2) (a) 11. c. of the statutes is created to read:
AB438-ASA1,11,219
49.45
(2) (a) 11. c. The department shall accept relevant education, training,
20instruction, or other experience that an applicant obtained in connection with
21military service, as defined in s. 111.32 (12g), to count toward the education, training,
22instruction, or other experience that is required to certify providers of medical
23assistance if the applicant demonstrates to the satisfaction of the department that
24the education, training, instruction, or other experience that the applicant obtained
1in connection with his or her military service is substantially equivalent to the
2education, training, instruction, or other experience required for the certification.
AB438-ASA1,11,94
94.705
(2m) Military instruction. Any relevant training that an applicant for
5certification under this section has obtained in connection with any military service,
6as defined in s. 111.32 (12g), counts toward satisfying the requirements for training
7for certification under this section if the applicant demonstrates to the satisfaction
8of the department that the training obtained by the applicant is substantially
9equivalent to the training required for certification.
AB438-ASA1,11,1111
101.02
(24) (a) In this subsection:
AB438-ASA1,11,1312
1. "Instruction" means any education, training, instruction or other experience
13related to an occupation or profession.