Under current law, the Medical Examining Board may refuse to accept a
person's voluntary surrender of his or her license if the board has received allegations
of unprofessional conduct by the person.
This bill allows a person to voluntarily surrender his or her occupational
license, permit, or certificate of certification or registration, but allows the licensing
agency to refuse to accept that surrender if the agency has received a complaint
against the person or has commenced disciplinary proceedings against the person.
Under current law, the Pharmacy Examining Board may grant a variance from
a law or rule applicable to pharmacists or the practice of pharmacy if each of the
following conditions is satisfied: 1) the Pharmacy Examining Board determines that
a natural or man-made disaster or emergency exists or has occurred; 2) a pharmacist
has requested the variance; and 3) the Pharmacy Examining Board determines that
the variance is necessary to protect the public health, safety, or welfare. This bill
adds as another condition that the law or rule either permits a variance or requires
approval from the Pharmacy Examining Board prior to obtaining a variance.
Current law requires every wholesale distributor of a prescription drug to
obtain a license from the Pharmacy Examining Board. This law applies to wholesale
distributors of oxygen. This bill exempts wholesale distributors of oxygen from the
requirement to obtain a license from the Pharmacy Examining Board.
Under current law, the Hearing and Speech Examining Board may promulgate
rules governing hearing instrument specialists, but not speech-language
pathologists or audiologists. This bill permits the Hearing and Speech Examining
Board to promulgate rules governing speech-language pathologists and
Current law, as affected by 2005 Wisconsin Act 334
, requires an applicant to
complete two years of postgraduate podiatrist training to be eligible for licensure as
a podiatrist. Prior to that act, one year of postgraduate podiatrist training was
required. The act first applied to persons submitting applications on June 1, 2010,
but did not specify the treatment of those who had completed the one-year training
requirement before that date.
This bill clarifies that an applicant who completed one year of postgraduate
training in a program approved by the Podiatrist Affiliated Credentialing Board by
June 1, 2010, is eligible for licensure as a podiatrist.
Under current law, members of the Respiratory Care Practitioners Examining
Council, which serves the Medical Examining Board in an advisory capacity, may
serve no more than two consecutive three-year terms. This bill eliminates the
Under current law, the membership of the Council on Physician Assistants
(council) must include the vice chancellor for health sciences of the University of
Wisconsin-Madison. Under this bill, the council position reserved for the vice
chancellor is replaced with a position to be filled by the Medical Examining Board.
The Medical Examining Board must select a person who teaches physician
assistants, and that person serves a four-year term.
Under current law, members of the council serve two-year terms. This bill
changes the terms of all members of the council to four years.
Current law prohibits an individual licensed as a marriage and family
therapist, social worker, or professional counselor by the Marriage and Family
Therapy, Professional Counseling, and Social Work Examining Board from using the
titles "alcohol and drug counselor" or "chemical dependency counselor" unless the
individual is also certified through a separate certification process established by
DSPS. This bill eliminates that prohibition.
Under current law, the Barbering and Cosmetology Examining Board, which
regulates the combined practice of barbering or cosmetology, issues a license called
a "barbering or cosmetology establishment license" for establishments where
barbering or cosmetology and other related practices may be performed. However,
certain existing statutory language refers to a "barber or cosmetologist
establishment license" that does not exist under current law. This bill corrects that
language so that it references the barbering or cosmetology establishment license.
Also under current law, the Barbering and Cosmetology Examining Board
regulates the practice of aesthetics. Current law defines "aesthetics" as, for
compensation, caring for or beautifying the skin of the human body, including
cleaning, applying cosmetics, oils, lotions, clay, creams, antiseptics, powders, or
tonics to or massaging, stimulating, wrapping, or exercising the skin of the human
body. The definition of "barbering or cosmetology" under current law includes
references to work performed upon the skin of any person, but does not reference the
definition of aesthetics.
The bill clarifies that barbering or cosmetology includes aesthetics.
Under current law, a person who applies for a funeral director's license and who
is not doing business at a recognized funeral establishment at the time the person
submits that application may receive a certificate from the Funeral Directors
Examining Board to the effect that the applicant is in good standing as a funeral
director. A person who receives a certificate of good standing is entitled to receive
a renewal funeral director's license if the person becomes located at a recognized
This bill eliminates the certificate of good standing.
This bill removes some inconsistencies in current laws regarding the licensure
of private detectives, investigators, and security personnel. Currently, persons
applying for those licenses must execute and file an approved bond or liability policy
with DSPS, but are not required to maintain that bond or policy during the period
of the licensure. This bill requires the person to maintain that bond or policy during
the period of the licensure.
Current law allows DSPS to revoke, suspend, or limit the license of a private
detective, investigator, or security personnel for certain reasons, including the
commission of a misdemeanor, but prohibits the issuance of the license only if the
person has been convicted of a felony and has not been pardoned. This bill allows,
but does not require, DSPS to refuse to issue a license to a person who has committed
an act that would result in the revocation, suspension, or limitation of the license,
including the conviction of a misdemeanor or violation of a state or local law that
resulted in a forfeiture.
Under a provision of current law, certain statutory requirements regarding real
estate practice are applied to cemetery salespersons. This bill clarifies that those
statutory requirements also apply to cemetery authorities. In addition, some of those
statutory requirements regarding real estate practice, such as the disciplinary
procedures for real estate brokers and salespersons, are incorrectly applied to
cemetery salespersons. This bill corrects those errors.
Current law refers to the requirements that a person must satisfy to be licensed
by the Cemetery Board to sell cemetery lots. The use of the word "person" has created
some confusion because the Cemetery Board issues licenses only to individuals, not
to cemetery authorities. This bill replaces "person" with "individual" to comply with
Current law grants authority to the Examining Board of Architects, Landscape
Architects, Professional Engineers, Designers, and Land Surveyors (examining
board) to regulate the practice of architecture, the practice of landscape architecture,
the practice of professional engineering, the practice of designing, and the practice
of land surveying by individuals and corporate entities. This bill makes a number
of changes to current law to clarify that separate architect, landscape architect,
professional engineer, designer, and land surveyor sections of the examining board
exercise exclusive authority over the separate professions.
Current law permits the examining board to reprimand an architect, landscape
architect, or professional engineer or limit, suspend, or revoke the certificate of
registration of any registrant, and the certificate of record of any
engineer-in-training, who is found guilty of any violation of the rules of professional
conduct promulgated by the examining board. Current law also permits the
examining board, subject to rules promulgated by the examining board, to issue a
new certificate of registration, certificate of record, or certificate of authorization, to
replace any certificate that is revoked, lost, destroyed, or mutilated. Current law
does not, however, explicitly grant authority to the examining board or to any section
of the examining board to promulgate rules. This bill grants explicit authority to
each section of the examining board to promulgate rules governing the professional
conduct of individuals, firms, partnerships, and corporations registered, permitted,
certified, or granted a certificate of authorization by that section.
measurement of controlled substances
The bill also makes a change to the measurement of controlled substances.
Current law imposes penalties on the sale, purchase, or possession of certain
controlled substances. Current law measures controlled substances by grams and,
generally, penalties increase with the amount of the controlled substance that is sold,
purchased, or possessed.
Current law makes reference to possessing or purchasing more than a certain
number of ounces of a product that contains opium or certain other controlled
substances. This bill changes the reference from ounces to grams.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
15.407 (1m) Respiratory care practitioners examining council.
There is 4
created a respiratory care practitioners examining council in the department of 5
safety and professional services and serving the medical examining board in an 6
advisory capacity in the formulating of rules to be promulgated by the medical 7
examining board for the regulation of respiratory care practitioners. The respiratory 8
care practitioners examining council shall consist of 3 certified respiratory care 9
practitioners, each of whom shall have engaged in the practice of respiratory care for 10
at least 3 years preceding appointment, one physician and one public member. The
respiratory care practitioner and physician members shall be appointed by the 2
medical examining board. The members of the examining council shall serve 3-year 3
terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respiratory care 4
practitioners examining council, except that members of the examining council may
5serve more than 2 consecutive terms
AB547, s. 2
15.407 (2) (a) of the statutes is repealed.
AB547, s. 3
15.407 (2) (b) of the statutes is amended to read:
(b) One public member appointed by the governor for a 2-year 94-year
AB547, s. 4
15.407 (2) (c) of the statutes is amended to read:
(c) Three physician assistants selected by the medical examining 12
board for staggered 2-year 4-year
AB547, s. 5
15.407 (2) (d) of the statutes is created to read:
(d) One person who teaches physician assistants and is selected by 15
the medical examining board for a 4-year term.
(a) (intro.) There is created in the department of safety and 19
professional services, a dwelling code council, consisting of 18 7
members appointed 20
for staggered 3-year 2-year
Four members Each member
shall be 21representatives of building represent at least one of the following groups:
trade labor organizations; 4 members shall be certified.
building inspectors employed by local units of government; 2
24members shall be representatives of building.
contractors actively engaged in on-site construction of one- and 2
2-family housing; 2 members shall be representatives of manufacturers.
or installers of manufactured one- and 2-family housing;
4one member shall be an architect, engineer or designer.
55. Architects, engineers, or designers
actively engaged in the design or 6
evaluation of one- and 2-family housing; 2 members shall represent the.
construction material supply industry; one member shall represent
contractors actively engaged in the remodeling of one-family 10
and 2-family housing; and 2 members shall represent the public, one of whom shall
with disabilities, as defined in s. 106.50 (1m) (g).
An employee of the department designated by the secretary of safety and 14
professional services shall serve as nonvoting secretary of the council. The council 15
shall meet at least twice a year. Eleven Five
members of the council shall constitute 16
a quorum. For the purpose of conducting business a majority vote of the council is 17
(de) Private sewage on-site wastewater treatment system
21replacement and rehabilitation.
As a continuing appropriation, the amounts in the 22
schedule for financial assistance under the private sewage on-site wastewater
system replacement and rehabilitation program under s. 145.245.
(j) Safety and building operations.
The amounts in the schedule for 2
the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and 3
(2m), and 236.335, for the purpose of transferring the amounts in the schedule under 4
par. (kg) to the appropriation account under par. (kg), and for the purpose of 5
transferring the amounts in the schedule under par. (km) to the appropriation 6
account under par. (km). All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 7
101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 8
(7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under 2005 Wisconsin
, section 76 (6)
, shall be credited to this appropriation.
(L) Fire dues distribution.
All moneys received under ss. 101.573 13
(1) and 601.93, less the amounts transferred to par. (La) and s. 20.292 (1) (gm) and 14
(gr), for distribution under s. 101.563 or
, as applicable
. The amount 15
transferred to par. (La) shall be the amount in the schedule under par. (La). The 16
amount transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under 17
s. 20.292 (1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount 18
in the schedule under s. 20.292 (1) (gr).
AB547, s. 10
20.320 (3) (title) of the statutes is amended to read:
(title) Private sewage on-site wastewater treatment system
AB547, s. 11
20.320 (3) (q) of the statutes is amended to read:
(q) Private sewage on-site wastewater treatment system loans.
the environmental improvement fund, as a continuing appropriation, the amounts
in the schedule for private sewage on-site wastewater treatment
replacement or rehabilitation loans under s. 145.245 (12m).
AB547, s. 12
59.70 (1) of the statutes is amended to read:
59.70 (1) Building and sanitary codes.
The board may enact building and 5
sanitary codes, make necessary rules and regulations in relation thereto and provide 6
for enforcement of the codes, rules and regulations by forfeiture or otherwise. The 7
codes, rules and regulations do not apply within municipalities which have enacted 8
ordinances or codes concerning the same subject matter. "Sanitary code" does not 9
include a private sewage on-site wastewater treatment
system ordinance enacted 10
under sub. (5). "Building and sanitary codes" does not include well code ordinances 11
enacted under sub. (6).
AB547, s. 13
59.70 (5) (title) of the statutes is amended to read:
(title) Private sewage on-site wastewater treatment system
AB547, s. 14
59.70 (5) (a) of the statutes is amended to read:
(a) Every governmental unit responsible for the regulation of private 17sewage on-site wastewater treatment
systems, as defined under s. 145.01 (5), shall 18
enact an ordinance governing private sewage on-site wastewater treatment 19
systems, as defined in s. 145.01 (12), which conforms with the state plumbing code. 20
The ordinance shall apply to the entire area of the governmental unit responsible for 21
the regulation of private sewage on-site wastewater treatment
systems, as defined 22
under s. 145.01 (5). After July 1, 1980, no municipality may enact or enforce a 23
e on-site wastewater treatment
system ordinance unless it is a 24
governmental unit responsible for the regulation of private sewage on-site
25wastewater treatment systems
, as defined under s. 145.01 (5).
AB547, s. 15
59.70 (5) (b) of the statutes is amended to read:
(b) The governmental unit responsible for the regulation of private 3sewage on-site wastewater treatment
systems, as defined under s. 145.01 (5), shall 4
administer the private sewage on-site wastewater treatment
system ordinance 5
under s. 145.20 and the rules promulgated under s. 145.20.
AB547, s. 16
60.70 (5) of the statutes is amended to read:
"Private sewage on-site wastewater treatment
system" has the 8
meaning given under s. 145.01 (12).
AB547, s. 17
60.72 (4) of the statutes is amended to read:
60.72 (4) Finding.
Following the public hearing, the department shall 11
determine if private sewage on-site wastewater treatment
systems or private 12
domestic water systems, or both, in the affected towns constitute a threat to public 13
health, safety, convenience or welfare or of pollution of waters of the state, and that 14
there is no local action to correct the situation. The department shall issue its 15
determination as written findings.
AB547, s. 18
60.726 (title) of the statutes is amended to read:
(title) Property with private sewage on-site wastewater
18treatment system included.
AB547, s. 19
60.726 (2) of the statutes is amended to read:
If a property owner installed on his or her property a private sewage 21on-site wastewater treatment
system, as defined in s. 145.01 (12),
that conforms 22
with the state plumbing code, before a town sanitary district that encompasses that 23
property came into existence, that property shall be included in the town sanitary 24
district. If the private sewage on-site wastewater treatment
system was installed 25
on or after 10 years before May 14, 1992, and if the property owner provides the town
sanitary district with any information about the cost of the private sewage on-site
system required by the district, the town sanitary district, 3
when the district issues any assessment or charges or imposes property taxes to 4
construct a sewage service system, shall pay or credit the property owner an amount 5
equal to 10% of the cost of the private sewage on-site wastewater treatment
less any grants or aids received by the property owner for construction of the private 7sewage on-site wastewater treatment
system, multiplied by the number of years of 8
remaining life of the private sewage on-site wastewater treatment
system. The 9
number of years of remaining life of the private sewage on-site wastewater
system is equal to 10 minus the number of years that the private sewage 11on-site wastewater treatment
system has been in operation.
AB547, s. 20
60.77 (5) (b) of the statutes is amended to read:
(b) Require the installation of private
sewage on-site wastewater
AB547, s. 21
60.77 (5) (bm) of the statutes is amended to read:
(bm) Require the inspection of private sewage on-site wastewater
systems that have been already installed to determine compliance with 18
the state plumbing code and may report violations of the state plumbing code to the 19
governmental unit responsible for the regulation of private sewage on-site
systems for enforcement under s. 145.20.
AB547, s. 22
60.77 (5) (bs) of the statutes is amended to read:
(bs) Provide direct financial assistance for costs related to the 23
replacement of private sewage on-site wastewater treatment
systems, as defined in
24s. 145.01 (12),
that are failing.
AB547, s. 23
60.77 (5) (j) of the statutes is amended to read:
(j) Administer the private sewage on-site wastewater treatment 2
system program if authorized under s. 145.20 (1) (am).
AB547, s. 24
101.01 (11) of the statutes is renumbered 101.01 (11) (intro.) and 4
amended to read:
(intro.) "Place of employment" includes every place, whether 6
indoors or out or underground and the premises appurtenant thereto where either 7
temporarily or permanently any industry, trade, or business is carried on, or where 8
any process or operation, directly or indirectly related to any industry, trade, or 9
business, is carried on, and where any person is, directly or indirectly, employed by 10
another for direct or indirect gain or profit, but does not include any place where 11
persons are employed in private domestic service which does not involve the use of 12
mechanical power or in farming. "Farming" includes those activities specified in s. 13
102.04 (3), and also includes the transportation of farm products, supplies, or 14
equipment directly to the farm by the operator of the farm or employees for use 15
thereon, if such activities are directly or indirectly for the purpose of producing 16
commodities for market, or as an accessory to such production. When used with 17
relation to building codes, "place of employment" does not include
an any of the
adult family home, as defined in s. 50.01 (1), or, except.
for the purposes of s. 101.11, a previously constructed building used 21
as a community-based residential facility, as defined in s. 50.01 (1g), which serves 22
20 or fewer residents who are not related to the operator or administrator.
AB547, s. 25
101.01 (11) (c) of the statutes is created to read:
(c) A home-based business, as defined by the department by rule.