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 1Section 1. 15.407 (1m) of the statutes, as affected by 2011 Wisconsin Act 32,
2is amended to read:
SB453,11,53 15.407 (1m) Respiratory care practitioners examining council. There is
4created a respiratory care practitioners examining council in the department of
5safety and professional services and serving the medical examining board in an
6advisory capacity in the formulating of rules to be promulgated by the medical
7examining board for the regulation of respiratory care practitioners. The respiratory
8care practitioners examining council shall consist of 3 certified respiratory care
9practitioners, each of whom shall have engaged in the practice of respiratory care for
10at least 3 years preceding appointment, one physician and one public member. The

1respiratory care practitioner and physician members shall be appointed by the
2medical examining board. The members of the examining council shall serve 3-year
3terms. Section 15.08 (1) to (4) (a) and (6) to (10) shall apply to the respiratory care
4practitioners examining council, except that members of the examining council may
5serve more than 2 consecutive terms
.
SB453, s. 2 6Section 2. 15.407 (2) (a) of the statutes is repealed.
SB453, s. 3 7Section 3. 15.407 (2) (b) of the statutes is amended to read:
SB453,11,98 15.407 (2) (b) One public member appointed by the governor for a 2-year
94-year term.
SB453, s. 4 10Section 4. 15.407 (2) (c) of the statutes is amended to read:
SB453,11,1211 15.407 (2) (c) Three physician assistants selected by the medical examining
12board for staggered 2-year 4-year terms.
SB453, s. 5 13Section 5. 15.407 (2) (d) of the statutes is created to read:
SB453,11,1514 15.407 (2) (d) One person who teaches physician assistants and is selected by
15the medical examining board for a 4-year term.
SB453, s. 6 16Section 6. 15.407 (10) of the statutes, as affected by 2011 Wisconsin Act 32,
17is renumbered 15.407 (10) (a) (intro.) and amended to read:
SB453,11,2118 15.407 (10) (a) (intro.) There is created in the department of safety and
19professional services, a dwelling code council, consisting of 18 7 members appointed
20for staggered 3-year 2-year terms. Four members Each member shall be
21representatives of building represent at least one of the following groups:
SB453,11,22 221. Building trade labor organizations; 4 members shall be certified.
SB453,11,24 232. Certified building inspectors employed by local units of government; 2
24members shall be representatives of building
.
SB453,12,2
13. Building contractors actively engaged in on-site construction of one- and
22-family housing; 2 members shall be representatives of manufacturers.
SB453,12,4 34. Manufacturers or installers of manufactured one- and 2-family housing;
4one member shall be an architect, engineer or designer
.
SB453,12,6 55. Architects, engineers, or designers actively engaged in the design or
6evaluation of one- and 2-family housing; 2 members shall represent the.
SB453,12,8 76. The construction material supply industry; one member shall represent
8remodeling
.
SB453,12,11 97. Remodeling contractors actively engaged in the remodeling of one-family
10and 2-family housing; and 2 members shall represent the public, one of whom shall
11represent persons
.
SB453,12,12 128. Persons with disabilities, as defined in s. 106.50 (1m) (g).
SB453,12,17 13(b) An employee of the department designated by the secretary of safety and
14professional services shall serve as nonvoting secretary of the council. The council
15shall meet at least twice a year. Eleven Five members of the council shall constitute
16a quorum. For the purpose of conducting business a majority vote of the council is
17required.
SB453, s. 7 18Section 7. 20.165 (2) (de) of the statutes, as affected by 2011 Wisconsin Act 32,
19is amended to read:
SB453,12,2320 20.165 (2) (de) Private sewage on-site wastewater treatment system
21replacement and rehabilitation. As a continuing appropriation, the amounts in the
22schedule for financial assistance under the private sewage on-site wastewater
23treatment
system replacement and rehabilitation program under s. 145.245.
SB453, s. 8 24Section 8. 20.165 (2) (j) of the statutes, as affected by 2011 Wisconsin Act 32,
25is amended to read:
SB453,13,9
120.165 (2) (j) Safety and building operations. The amounts in the schedule for
2the 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
4par. (kg) to the appropriation account under par. (kg), and for the purpose of
5transferring the amounts in the schedule under par. (km) to the appropriation
6account under par. (km). All moneys received under ch. 145, ss. 101.177 (4) (a) 4.,
7101.178, 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
9Act 45
, section 76 (6), shall be credited to this appropriation.
SB453, s. 9 10Section 9. 20.165 (2) (L) of the statutes, as affected by 2011 Wisconsin Act 32,
11is amended to read:
SB453,13,1812 20.165 (2) (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 101.573 , as applicable. The amount
15transferred to par. (La) shall be the amount in the schedule under par. (La). The
16amount transferred to s. 20.292 (1) (gm) shall be the amount in the schedule under
17s. 20.292 (1) (gm). The amount transferred to s. 20.292 (1) (gr) shall be the amount
18in the schedule under s. 20.292 (1) (gr).
SB453, s. 10 19Section 10. 20.320 (3) (title) of the statutes is amended to read:
SB453,13,2120 20.320 (3) (title) Private sewage on-site wastewater treatment system
21program.
SB453, s. 11 22Section 11. 20.320 (3) (q) of the statutes is amended to read:
SB453,14,223 20.320 (3) (q) Private sewage on-site wastewater treatment system loans. From
24the environmental improvement fund, as a continuing appropriation, the amounts

1in the schedule for private sewage on-site wastewater treatment system
2replacement or rehabilitation loans under s. 145.245 (12m).
SB453, s. 12 3Section 12. 59.70 (1) of the statutes is amended to read:
SB453,14,114 59.70 (1) Building and sanitary codes. The board may enact building and
5sanitary codes, make necessary rules and regulations in relation thereto and provide
6for enforcement of the codes, rules and regulations by forfeiture or otherwise. The
7codes, rules and regulations do not apply within municipalities which have enacted
8ordinances or codes concerning the same subject matter. "Sanitary code" does not
9include a private sewage on-site wastewater treatment system ordinance enacted
10under sub. (5). "Building and sanitary codes" does not include well code ordinances
11enacted under sub. (6).
SB453, s. 13 12Section 13. 59.70 (5) (title) of the statutes is amended to read:
SB453,14,1413 59.70 (5) (title) Private sewage on-site wastewater treatment system
14ordinance.
SB453, s. 14 15Section 14. 59.70 (5) (a) of the statutes is amended to read:
SB453,14,2516 59.70 (5) (a) Every governmental unit responsible for the regulation of private
17sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall
18enact an ordinance governing private sewage on-site wastewater treatment
19systems, as defined in s. 145.01 (12), which conforms with the state plumbing code.
20The ordinance shall apply to the entire area of the governmental unit responsible for
21the regulation of private sewage on-site wastewater treatment systems, as defined
22under s. 145.01 (5). After July 1, 1980, no municipality may enact or enforce a
23private sewage on-site wastewater treatment system ordinance unless it is a
24governmental unit responsible for the regulation of private sewage on-site
25wastewater treatment systems
, as defined under s. 145.01 (5).
SB453, s. 15
1Section 15. 59.70 (5) (b) of the statutes is amended to read:
SB453,15,52 59.70 (5) (b) The governmental unit responsible for the regulation of private
3sewage on-site wastewater treatment systems, as defined under s. 145.01 (5), shall
4administer the private sewage on-site wastewater treatment system ordinance
5under s. 145.20 and the rules promulgated under s. 145.20.
SB453, s. 16 6Section 16. 60.70 (5) of the statutes is amended to read:
SB453,15,87 60.70 (5) "Private sewage on-site wastewater treatment system" has the
8meaning given under s. 145.01 (12).
SB453, s. 17 9Section 17. 60.72 (4) of the statutes is amended to read:
SB453,15,1510 60.72 (4) Finding. Following the public hearing, the department shall
11determine if private sewage on-site wastewater treatment systems or private
12domestic water systems, or both, in the affected towns constitute a threat to public
13health, safety, convenience or welfare or of pollution of waters of the state, and that
14there is no local action to correct the situation. The department shall issue its
15determination as written findings.
SB453, s. 18 16Section 18. 60.726 (title) of the statutes is amended to read:
SB453,15,18 1760.726 (title) Property with private sewage on-site wastewater
18treatment
system included.
SB453, s. 19 19Section 19. 60.726 (2) of the statutes is amended to read:
SB453,16,1120 60.726 (2) 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
22with the state plumbing code, before a town sanitary district that encompasses that
23property came into existence, that property shall be included in the town sanitary
24district. If the private sewage on-site wastewater treatment system was installed
25on or after 10 years before May 14, 1992, and if the property owner provides the town

1sanitary district with any information about the cost of the private sewage on-site
2wastewater treatment
system required by the district, the town sanitary district,
3when the district issues any assessment or charges or imposes property taxes to
4construct a sewage service system, shall pay or credit the property owner an amount
5equal to 10% of the cost of the private sewage on-site wastewater treatment system,
6less 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
8remaining life of the private sewage on-site wastewater treatment system. The
9number of years of remaining life of the private sewage on-site wastewater
10treatment
system is equal to 10 minus the number of years that the private sewage
11on-site wastewater treatment system has been in operation.
SB453, s. 20 12Section 20. 60.77 (5) (b) of the statutes is amended to read:
SB453,16,1413 60.77 (5) (b) Require the installation of private sewage on-site wastewater
14treatment
systems.
SB453, s. 21 15Section 21. 60.77 (5) (bm) of the statutes is amended to read:
SB453,16,2016 60.77 (5) (bm) Require the inspection of private sewage on-site wastewater
17treatment
systems that have been already installed to determine compliance with
18the state plumbing code and may report violations of the state plumbing code to the
19governmental unit responsible for the regulation of private sewage on-site
20wastewater treatment
systems for enforcement under s. 145.20.
SB453, s. 22 21Section 22. 60.77 (5) (bs) of the statutes is amended to read:
SB453,16,2422 60.77 (5) (bs) Provide direct financial assistance for costs related to the
23replacement of private sewage on-site wastewater treatment systems, as defined in
24s. 145.01 (12),
that are failing.
SB453, s. 23 25Section 23. 60.77 (5) (j) of the statutes is amended to read:
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