SB345: Bill Text

October 14, 2013 - Introduced by Senators Lasee, Cowles and Grothman, cosponsored by Representatives Kooyenga, Nygren, Craig, LeMahieu, Marklein, Kleefisch, Tittl, Petryk, Bies, Williams and Strachota. Referred to Committee on Health and Human Services.

SB345,2,5 An Act to renumber 450.19 (1) (a); to renumber and amend 450.19 (1) (b) and 450.19 (2) (a); to amend 15.405 (2) (a), 15.405 (17), 101.983 (title), 101.983 (1) (a), 101.983 (1) (b), 101.983 (1) (c) (intro.), 101.983 (1) (c) 1., 101.983 (1) (c) 2., 101.983 (1) (c) 3., 101.983 (1) (d) (intro.), 101.983 (1) (d) 1., 101.983 (1) (d) 2., 101.983 (2) (a), 101.983 (2) (c), 101.983 (3), 101.984 (3), 101.985 (3), 101.985 (5) (b) 1., 101.985 (5) (b) 2. b., 145.01 (5), 255.35 (1m) (g), 440.03 (13) (c), 440.974 (2), 441.01 (4), 441.04, 441.08, 441.10 (1), 441.10 (3) (e), 441.115 (1), 441.12 (2), 450.035 (1r), 450.035 (1t), 450.035 (2), 450.035 (2g), 450.05, 450.08 (1), 450.08 (2) (a), 450.085 (1), 450.19 (2) (intro.), 450.19 (2) (b), 450.19 (2) (d), 450.19 (2) (f), 450.19 (3) (a), 450.19 (3) (b), 452.01 (4) and 452.14 (4m) (intro.); to repeal and recreate 101.983 (2) (title); and to create 101.983 (4), 440.20 (5), 450.19 (2) (a) 2. and 450.19 (2) (a) 3. of the statutes; relating to: the authority and responsibilities of the Department of Safety and Professional Services and the various boards under that department, the membership of the Cosmetology Examining Board, professional licensure of pharmacists, the Pharmacy Examining Board's operation of the prescription drug monitoring program, authorizing the construction, installation, alteration, operation, and inspection of elevators and other similar conveyances, and licensing requirements for elevator mechanics, inspectors, and contractors.

Analysis by the Legislative Reference Bureau

Professional Regulation

This bill makes a number of changes to the laws governing professional regulation in Wisconsin, including the following:

1. Under current law, the Department of Safety and Professional Services (DSPS) is required to take the fingerprints of an applicant for a private detective license or a private security permit, an applicant for a juvenile martial arts instructor permit, and a person for whom DSPS conducts an investigation into the person's criminal history. Current law authorizes DSPS to submit the fingerprints to the federal bureau of investigation.

Under the bill, DSPS must also take the fingerprints of an applicant for a real estate appraiser certification or license, and the bill requires DSPS to submit the fingerprints of an applicant for a real estate appraiser certification or license to the federal bureau of investigation.

2. The bill authorizes DSPS or the appropriate board to reprimand a credential holder, or deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department or the appropriate board, within 30 days to a request for information from the department or board in connection with an investigation of alleged misconduct of the credential holder.

3. Under current law, no more than two members of the Cosmetology Examining Board may be affiliated with a cosmetology school. The bill increases that number to four.

4. Current law prohibits the Pharmacy Examining Board from issuing a license to practice pharmacy in this state to a person who is licensed in another state if that person has had a license to practice pharmacy in another state voluntarily surrendered, limited, suspended, or revoked. The bill gives the Pharmacy Examining Board discretion to grant or deny a license to practice pharmacy in this state to such a person.

5. Under current law, a pharmacist may renew his or her license by satisfying certain continuing education requirements and paying the required renewal fee on or before the renewal date. If a pharmacist fails to renew his or her license by the renewal date, the pharmacist may not practice pharmacy unless the pharmacist passes an examination to the satisfaction of the Pharmacy Examining Board.

The bill authorizes, but does not require, the board to suspend a pharmacist's license if the pharmacist fails to renew his or her license by the renewal date, and the bill authorizes, but does not require, the Pharmacy Examining Board to require the pharmacist to pass an examination to restore the pharmacist's license.

6. Current law requires the Pharmacy Examining Board to establish a prescription drug monitoring program. Under the program, a pharmacist or other practitioner must generate a record documenting the dispensing of each prescription drug that is subject to the program, generally certain controlled substances or other drugs the Pharmacy Examining Board identifies as having a substantial potential for abuse. The pharmacist or practitioner must then deliver that record to the Pharmacy Examining Board.

This bill applies the requirements of the prescription drug monitoring program to pharmacies instead of pharmacists and to any practitioner who dispenses a prescription drug subject to the program outside of a pharmacy. The bill also creates an exemption from the prescription drug monitoring program for a schedule V controlled substance if the substance is not a narcotic and the prescription order is for a number of doses that is intended to last the patient seven days or less.

Buildings and Safety

This bill contains various changes to current law that governs the construction, installation, alteration, operation, and inspection of elevators and other lifts that move people and things. The changes include the following:

1. Authorizes cities and villages to issue permits to construct, install, or alter elevators and lifts and changes the term used in the statutes for this type of permit from "permit" to "approval."

2. Authorizes cities and villages to issue and renew operating permits for elevators and lifts and to conduct inspections for purposes of issuing and renewing these permits.

3. Changes current law as to when a licensed elevator mechanic or inspector must satisfy the applicable continuing education requirements and eliminates the continuing legal education requirements for elevator contractors.

4. Eliminates the requirement that an elevator inspector hold a certification issued by an entity approved by the American Society of Mechanical Engineers.

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:

SB345,1 Section 1. 15.405 (2) (a) of the statutes is amended to read:

SB345,4,3 15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, an a professional engineer section, a designer section and a land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

SB345,2 Section 2. 15.405 (17) of the statutes is amended to read:

SB345,4,13 15.405 (17) Cosmetology examining board. There is created a cosmetology examining board in the department of safety and professional services. The cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed aestheticians or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of cosmetology, one member shall be a representative of a public school of cosmetology and one member shall be a licensed electrologist. Except for the 2 No more than 4 members representing schools, no member may be connected with or have any financial interest in a cosmetology school.

SB345,3 Section 3. 101.983 (title) of the statutes is amended to read:

SB345,4,16 101.983 (title) Conveyance Approvals and permits for conveyances required.

SB345,4 Section 4. 101.983 (1) (a) of the statutes is amended to read:

SB345,4,21 101.983 (1) (a) Permit Approval required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s. 101.985 (1) has received a permit an approval for the construction, installation, or alteration from the department.

SB345,5 Section 5. 101.983 (1) (b) of the statutes is amended to read:

SB345,5,10 101.983 (1) (b) Application. A person applying for a permit an approval under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s. 101.12 (1) to avoid duplicative filing of information.

SB345,6 Section 6. 101.983 (1) (c) (intro.) of the statutes is amended to read:

SB345,5,13 101.983 (1) (c) Revocation. (intro.) The department may revoke a permit an approval issued under this subsection if the department finds any of the following:

SB345,7 Section 7. 101.983 (1) (c) 1. of the statutes is amended to read:

SB345,5,17 101.983 (1) (c) 1. That information submitted under par. (b) by the person obtaining the permit approval contains false statements or misrepresentations of material fact.

SB345,8 Section 8. 101.983 (1) (c) 2. of the statutes is amended to read:

SB345,5,19 101.983 (1) (c) 2. That the permit approval was issued in error.

SB345,9 Section 9. 101.983 (1) (c) 3. of the statutes is amended to read:

SB345,5,24 101.983 (1) (c) 3. That the work performed under the permit approval is not consistent with information submitted under par. (b) by the person obtaining the permit approval or is in violation of this subchapter or rules promulgated under this subchapter.

SB345,10 Section 10. 101.983 (1) (d) (intro.) of the statutes is amended to read:

SB345,6,2 101.983 (1) (d) Expiration. (intro.) A permit An approval issued under this subsection expires under any of the following circumstances:

SB345,11 Section 11. 101.983 (1) (d) 1. of the statutes is amended to read:

SB345,6,7 101.983 (1) (d) 1. If the work authorized under the permit approval is not commenced within 6 months after the date on which the permit approval is issued, or within a shorter period of time as specified by the department at the time the permit approval is issued.

SB345,12 Section 12. 101.983 (1) (d) 2. of the statutes is amended to read:

SB345,6,12 101.983 (1) (d) 2. If the work authorized under the permit approval is suspended or abandoned for 60 consecutive days at any time following the commencement of the work, or for a shorter period of time as specified by the department at the time the permit approval is issued.

SB345,13 Section 13. 101.983 (2) (title) of the statutes, as affected by 2013 Wisconsin Act 20, is repealed and recreated to read:

SB345,6,15 101.983 (2) (title) Operating permits; inspections.

SB345,14 Section 14. 101.983 (2) (a) of the statutes is amended to read:

SB345,6,21 101.983 (2) (a) Permit Operating permit required. No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit for the under this subsection from the department that authorizes its operation from the department. The department may not issue a permit required under this paragraph until all inspections required under par. (c) are completed.

SB345,15 Section 15. 101.983 (2) (c) of the statutes is amended to read:

SB345,7,8 101.983 (2) (c) Inspections. The department may not issue or renew a permit for a conveyance under this subsection unless the department has received or an independent inspector has conducted an inspection of the conveyance and has prepared an inspection report for certifying that the conveyance issued by an elevator inspector licensed under s. 101.985 (3) indicating that the conveyance complies with this subchapter and any applicable rules promulgated under this subchapter. This inspection by the department does not exempt the owner from the requirement to ensure that the department receives an inspection report from a licensed elevator inspector. Upon performing this inspection, the Any inspection under this subsection or sub. (3) shall be performed by an inspector who is licensed under s. 101.985 (3).

SB345,7,13 (d) Instruction on operation. When issuing or renewing a permit under this subsection, the department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the lift or equipment conveyance is operated.

SB345,16 Section 16. 101.983 (3) of the statutes, as created by 2013 Wisconsin Act 20, is amended to read:

SB345,7,23 101.983 (3) Inspections; individual residential dwelling units. No owner of a residence may sell or otherwise transfer an individual residential dwelling unit that is served by a dumbwaiter or an elevator unless the owner provides the purchaser or transferee, prior to the sale or transfer of the property, with an inspection report from an elevator inspector licensed under s. 101.985 (3) prepared by the department or an independent inspector that indicates that the dumbwaiter or elevator complies with this subchapter and any applicable rules promulgated under this subchapter.

SB345,17 Section 17. 101.983 (4) of the statutes is created to read:

SB345,8,2 101.983 (4) Municipalities as agents. The department may appoint a city or village as its agent to do any of the following:

SB345,8,3 (a) Issue approvals under sub. (1) (a).

SB345,8,4 (b) Issue or renew permits under sub. (2) (a).

SB345,8,6 (c) Conduct inspections and prepare inspection reports as provided under sub. (2) (c) and sub. (3).

SB345,8,7 (d) Give notice and provide instruction as required under sub. (2) (d).

SB345,18 Section 18. 101.984 (3) of the statutes is amended to read:

SB345,8,13 101.984 (3) Elevator inspector. No individual may perform an elevator inspection of a conveyance in this state unless the individual is licensed as an elevator inspector under s. 101.985 (3) and holds a certification as an elevator inspector issued by a person approved by the American Society of Mechanical Engineers.

SB345,19 Section 19. 101.985 (3) of the statutes is amended to read:

SB345,8,20 101.985 (3) Elevator inspector. The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services of conveyances as required under s. 101.983 (2). The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.

SB345,20 Section 20. 101.985 (5) (b) 1. of the statutes is amended to read:

SB345,9,4 101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an An applicant for renewal of a license under sub. (1), (2) (ab), (ad), or (b), or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires 2-year term of the license, the applicant has satisfactorily met the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.

SB345,21 Section 21. 101.985 (5) (b) 2. b. of the statutes is amended to read:

SB345,9,7 101.985 (5) (b) 2. b. The number of hours of education required on an annual basis.

SB345,22 Section 22. 145.01 (5) of the statutes is amended to read:

SB345,9,14 145.01 (5) Governmental unit responsible for regulation of private on-site wastewater treatment systems. "Governmental unit responsible for the regulation of private on-site wastewater treatment systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of 500,000 750,000 or more these terms mean the city, village or town where the private on-site wastewater treatment system is located.

SB345,23 Section 23. 255.35 (1m) (g) of the statutes is amended to read:

SB345,9,17 255.35 (1m) (g) "School of pharmacy" means a school of pharmacy that is accredited by the American Accreditation Council on Pharmaceutical Education.

SB345,24 Section 24. 440.03 (13) (c) of the statutes is amended to read:

SB345,9,25 440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17), an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

SB345,25 Section 25. 440.20 (5) of the statutes is created to read:

SB345,10,13 440.20 (5) In addition to any grounds for discipline specified in chs. 440 to 480, the department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder.

SB345,26 Section 26. 440.974 (2) of the statutes is amended to read:

SB345,10,18 440.974 (2) The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least 20 40 hours of continuing education during each calendar year every 2 years.

SB345,27 Section 27. 441.01 (4) of the statutes is amended to read:

SB345,10,24 441.01 (4) The board shall direct that those schools which that qualify be placed on the accredited a list of schools the board has approved for professional nurses or of schools the board has approved for licensed practical nurses on application and proof of qualifications; and shall make a study of nursing education and initiate rules and policies to improve it.

SB345,28 Section 28. 441.04 of the statutes is amended to read:

SB345,11,10 441.04 Requisites for examination as a registered nurse. Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, holds a diploma of graduation from an accredited a school of nursing approved by the board or that the board has authorized to admit students pending approval, and, if the that school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse,; and upon payment of the fee specified under s. 440.05 (1), that person shall be entitled to examination.

SB345,29 Section 29. 441.08 of the statutes is amended to read:

SB345,11,21 441.08 Temporary permit. A nurse who has graduated from an accredited a school approved by the board or that the board has authorized to admit students pending approval but who is not licensed in this state may be granted a temporary permit upon payment of the fee specified in s. 440.05 (6) by the board to practice for compensation until the nurse can qualify for licensure. The temporary permit may be renewed once. Each applicant for renewal of a temporary permit under this section shall complete the nursing workforce survey and pay the fee required under s. 441.01 (7). Further renewals may be granted in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.

SB345,30 Section 30. 441.10 (1) of the statutes is amended to read: