SB453: Bill Text

Occupational regulation

Under current law, DSPS issues occupational and professional licenses, registrations, and similar approvals (licenses). Some of these licenses are referred to in specific statutes and others are issued pursuant to DSPS's rule-making authority. Under current law, DSPS may not issue or renew certain licenses that are specifically referred to in the statutes to applicants who are delinquent in family or child support payments or in payment of state taxes. This bill expands the scope of the types of licenses for which issuance or renewal must be denied due to support or tax delinquency to include all of the occupational and professional licenses issued by DSPS.

Under current law, DSPS may conduct investigations, hold hearings, and make findings to determine whether a person has engaged in a practice or used a professional title without a required credential. If, after holding a hearing, DSPS determines that the person does not have the appropriate credential, DSPS may issue a special order prohibiting the person from continuing the practice or using the title. DSPS may issue a temporary restraining order in lieu of holding a hearing if DSPS has reason to believe that the person has engaged in a practice or used a title without a required credential. If a person against whom a special order has been issued violates that order, the person is subject to forfeitures. If a person against whom a temporary restraining order has been issued violates that order, the person is subject to fines or imprisonment or both.

Current law also authorizes certain boards, affiliated credentialing boards, and examining boards attached to DSPS, including the Board of Nursing, the Podiatry Affiliated Credentialing Board, and the Medical Examining Board, to fine or imprison, or both, persons who violate laws or regulations applicable to the professions regulated by those boards.

This bill clarifies that the authority granted to DSPS to impose fines or forfeitures against or imprison a person who has engaged in a practice or used a title without holding the appropriate credential is separate from and in addition to the authority granted to the various boards to enforce the laws and regulations applicable to the professions regulated by those boards.

Currently, DSPS requires by rule that a person who holds a credential issued by DSPS send a notice to DSPS within 48 hours of his or her conviction of a crime.

This bill places that requirement in the statutes.

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 audiologists.

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 two-term limit.

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 funeral establishment.

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 practice.

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:

SB453, s. 1 Section 1. 15.407 (1m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,11,5 15.407 (1m) Respiratory care practitioners examining council. There is created a respiratory care practitioners examining council in the department of safety and professional services and serving the medical examining board in an advisory capacity in the formulating of rules to be promulgated by the medical examining board for the regulation of respiratory care practitioners. The respiratory care practitioners examining council shall consist of 3 certified respiratory care practitioners, each of whom shall have engaged in the practice of respiratory care for at least 3 years preceding appointment, one physician and one public member. The respiratory care practitioner and physician members shall be appointed by the medical examining board. The members of the examining council shall serve 3-year terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respiratory care practitioners examining council, except that members of the examining council may serve more than 2 consecutive terms.

SB453, s. 2 Section 2. 15.407 (2) (a) of the statutes is repealed.

SB453, s. 3 Section 3. 15.407 (2) (b) of the statutes is amended to read:

SB453,11,9 15.407 (2) (b) One public member appointed by the governor for a 2-year 4-year term.

SB453, s. 4 Section 4. 15.407 (2) (c) of the statutes is amended to read:

SB453,11,12 15.407 (2) (c) Three physician assistants selected by the medical examining board for staggered 2-year 4-year terms.

SB453, s. 5 Section 5. 15.407 (2) (d) of the statutes is created to read:

SB453,11,15 15.407 (2) (d) One person who teaches physician assistants and is selected by the medical examining board for a 4-year term.

SB453, s. 6 Section 6. 15.407 (10) of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 15.407 (10) (a) (intro.) and amended to read:

SB453,11,21 15.407 (10) (a) (intro.) There is created in the department of safety and professional services, a dwelling code council, consisting of 18 7 members appointed for staggered 3-year 2-year terms. Four members Each member shall be representatives of building represent at least one of the following groups:

SB453,11,22 1. Building trade labor organizations; 4 members shall be certified.

SB453,11,24 2. Certified building inspectors employed by local units of government; 2 members shall be representatives of building.

SB453,12,2 3. Building contractors actively engaged in on-site construction of one- and 2-family housing; 2 members shall be representatives of manufacturers.

SB453,12,4 4. Manufacturers or installers of manufactured one- and 2-family housing; one member shall be an architect, engineer or designer.

SB453,12,6 5. Architects, engineers, or designers actively engaged in the design or evaluation of one- and 2-family housing; 2 members shall represent the.

SB453,12,8 6. The construction material supply industry; one member shall represent remodeling.

SB453,12,11 7. Remodeling contractors actively engaged in the remodeling of one-family and 2-family housing; and 2 members shall represent the public, one of whom shall represent persons.

SB453,12,12 8. Persons with disabilities, as defined in s. 106.50 (1m) (g).

SB453,12,17 (b) An employee of the department designated by the secretary of safety and professional services shall serve as nonvoting secretary of the council. The council shall meet at least twice a year. Eleven Five members of the council shall constitute a quorum. For the purpose of conducting business a majority vote of the council is required.

SB453, s. 7 Section 7. 20.165 (2) (de) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,12,23 20.165 (2) (de) Private sewage on-site wastewater treatment system replacement and rehabilitation. As a continuing appropriation, the amounts in the schedule for financial assistance under the private sewage on-site wastewater treatment system replacement and rehabilitation program under s. 145.245.

SB453, s. 8 Section 8. 20.165 (2) (j) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,13,9 20.165 (2) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101, 145, and 168 and ss. 167.35, 236.12 (2) (a), 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), 167.35 (2) (f), and 236.12 (7) and all moneys transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this appropriation.

SB453, s. 9 Section 9. 20.165 (2) (L) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB453,13,18 20.165 (2) (L) Fire dues distribution. All moneys received under ss. 101.573 (1) and 601.93, less the amounts transferred to par. (La) and s. 20.292 (1) (gm) and (gr), for distribution under s. 101.563 or 101.573 , as applicable. The amount transferred to par. (La) shall be the amount in the schedule under par. (La). The amount transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under s. 20.292 (1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount in the schedule under s. 20.292 (1) (gr).

SB453, s. 10 Section 10. 20.320 (3) (title) of the statutes is amended to read:

SB453,13,21 20.320 (3) (title) Private sewage on-site wastewater treatment system program.

SB453, s. 11 Section 11. 20.320 (3) (q) of the statutes is amended to read:

SB453,14,2 20.320 (3) (q) Private sewage on-site wastewater treatment system loans. From the environmental improvement fund, as a continuing appropriation, the amounts in the schedule for private sewage on-site wastewater treatment system replacement or rehabilitation loans under s. 145.245 (12m).

SB453, s. 12 Section 12. 59.70 (1) of the statutes is amended to read:

SB453,14,11 59.70 (1) Building and sanitary codes. The board may enact building and sanitary codes, make necessary rules and regulations in relation thereto and provide for enforcement of the codes, rules and regulations by forfeiture or otherwise. The codes, rules and regulations do not apply within municipalities which have enacted ordinances or codes concerning the same subject matter. "Sanitary code" does not include a private sewage on-site wastewater treatment system ordinance enacted under sub. (5). "Building and sanitary codes" does not include well code ordinances enacted under sub. (6).

SB453, s. 13 Section 13. 59.70 (5) (title) of the statutes is amended to read:

SB453,14,14 59.70 (5) (title) Private sewage on-site wastewater treatment system ordinance.

SB453, s. 14 Section 14. 59.70 (5) (a) of the statutes is amended to read:

SB453,14,25 59.70 (5) (a) Every governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall enact an ordinance governing private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), which conforms with the state plumbing code. The ordinance shall apply to the entire area of the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5). After July 1, 1980, no municipality may enact or enforce a private sewage on-site wastewater treatment system ordinance unless it is a governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5).

SB453, s. 15 Section 15. 59.70 (5) (b) of the statutes is amended to read:

SB453,15,5 59.70 (5) (b) The governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall administer the private sewage on-site wastewater treatment system ordinance under s. 145.20 and the rules promulgated under s. 145.20.

SB453, s. 16 Section 16. 60.70 (5) of the statutes is amended to read:

SB453,15,8 60.70 (5) "Private sewage on-site wastewater treatment system" has the meaning given under s. 145.01 (12).

SB453, s. 17 Section 17. 60.72 (4) of the statutes is amended to read:

SB453,15,15 60.72 (4) Finding. Following the public hearing, the department shall determine if private sewage on-site wastewater treatment systems or private domestic water systems, or both, in the affected towns constitute a threat to public health, safety, convenience or welfare or of pollution of waters of the state, and that there is no local action to correct the situation. The department shall issue its determination as written findings.

SB453, s. 18 Section 18. 60.726 (title) of the statutes is amended to read:

SB453,15,18 60.726 (title) Property with private sewage on-site wastewater treatment system included.

SB453, s. 19 Section 19. 60.726 (2) of the statutes is amended to read:

SB453,16,11 60.726 (2) If a property owner installed on his or her property a private sewage on-site wastewater treatment system, as defined in s. 145.01 (12), that conforms with the state plumbing code, before a town sanitary district that encompasses that property came into existence, that property shall be included in the town sanitary district. If the private sewage on-site wastewater treatment system was installed 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 wastewater treatment system required by the district, the town sanitary district, when the district issues any assessment or charges or imposes property taxes to construct a sewage service system, shall pay or credit the property owner an amount equal to 10% of the cost of the private sewage on-site wastewater treatment system, less any grants or aids received by the property owner for construction of the private sewage on-site wastewater treatment system, multiplied by the number of years of remaining life of the private sewage on-site wastewater treatment system. The number of years of remaining life of the private sewage on-site wastewater treatment system is equal to 10 minus the number of years that the private sewage on-site wastewater treatment system has been in operation.

SB453, s. 20 Section 20. 60.77 (5) (b) of the statutes is amended to read:

SB453,16,14 60.77 (5) (b) Require the installation of private sewage on-site wastewater treatment systems.

SB453, s. 21 Section 21. 60.77 (5) (bm) of the statutes is amended to read:

SB453,16,20 60.77 (5) (bm) Require the inspection of private sewage on-site wastewater treatment systems that have been already installed to determine compliance with the state plumbing code and may report violations of the state plumbing code to the governmental unit responsible for the regulation of private sewage on-site wastewater treatment systems for enforcement under s. 145.20.

SB453, s. 22 Section 22. 60.77 (5) (bs) of the statutes is amended to read:

SB453,16,24 60.77 (5) (bs) Provide direct financial assistance for costs related to the replacement of private sewage on-site wastewater treatment systems, as defined in s. 145.01 (12), that are failing.

SB453, s. 23 Section 23. 60.77 (5) (j) of the statutes is amended to read: