2015 Wisconsin Act 55

55,4417n Section 4417n. 441.10 (3) (a) of the statutes is renumbered 441.10 (1), and 441.10 (1) (f), as renumbered, is amended to read:

441.10 (1) (f) The applicant passes the examination under sub. (2) approved by the board for licensure as a licensed practical nurse in this state. The applicant may not take the examination before receiving a diploma under subd. 4. par. (d) unless the applicant obtains a certificate of approval to take the examination from the school of nursing the applicant attends and submits that certificate to the board prior to examination.

55,4417r Section 4417r. 441.10 (3) (ag) of the statutes is renumbered 441.10 (4).

55,4417w Section 4417w. 441.10 (3) (ar) of the statutes is renumbered 441.10 (5) and amended to read:

441.10 (5) The holder of a license under this subsection section is a "licensed practical nurse" and may append the letters "L.P.N." to his or her name. The board may reprimand or may limit, suspend, or revoke the license of a licensed practical nurse under s. 441.07.

55,4418c Section 4418c. 441.10 (3) (b) of the statutes is renumbered 441.10 (6).

55,4418e Section 4418e. 441.10 (3) (c) of the statutes is renumbered 441.10 (7) and amended to read:

441.10 (7) No license is required for practical nursing, but, except as provided in s. 257.03, no person without a license may hold himself or herself out as a licensed practical nurse or licensed attendant, use the title or letters "Trained Practical Nurse" or "T.P.N.", "Licensed Practical Nurse" or "L.P.N.", "Licensed Attendant" or "L.A.", "Trained Attendant" or "T.A.", or otherwise seek to indicate that he or she is a licensed practical nurse or licensed attendant. No licensed practical nurse or licensed attendant may use the title, or otherwise seek to act as a registered, licensed, graduate or professional nurse. Anyone violating this subsection shall be subject to the penalties prescribed by s. 441.13. The board shall grant without examination a license as a licensed practical nurse to any person who was on July 1, 1949, a licensed attendant. This paragraph subsection does not apply to any person who is licensed to practice practical nursing by a jurisdiction, other than this state, that has adopted the nurse licensure compact under s. 441.50.

55,4418m Section 4418m. 441.10 (3) (d) of the statutes is renumbered 441.10 (8).

55,4418s Section 4418s. 441.10 (3) (e) of the statutes is renumbered 441.10 (9).

55,4467g Section 4467g. 450.02 (2g) (b) of the statutes is amended to read:

450.02 (2g) (b) The board shall promulgate rules that establish requirements and procedures for the administration of a drug product or device, as defined in s. 450.035 (1g), by a pharmacist under s. 450.035 (1r). Notwithstanding s. 15.08 (5) (b), the board may promulgate rules under this paragraph only if the rules are identical to rules recommended by the pharmacist advisory council. The board may amend or repeal rules promulgated under this paragraph only upon the recommendation of the pharmacist advisory council.

55,4467r Section 4467r. 450.025 of the statutes is repealed.

55,4468 Section 4468. 450.03 (1) (e) of the statutes is amended to read:

450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate or certification granted to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 453 89, or as otherwise provided by statute.

55,4468e Section 4468e. 450.072 (2) (a) of the statutes is renumbered 450.072 (2) (ar) and amended to read:

450.072 (2) (ar) A manufacturer or wholesale distributor may not deliver prescription drugs to a person unless the person is licensed under s. 450.071 or 450.06 or by the appropriate licensing authority of another state or unless the person is a faculty member of an institution of higher education, as defined in s. 36.32 (1), and is obtaining the prescription drugs for the purpose of lawful research, teaching, or testing and not for resale. A manufacturer or wholesale distributor may not deliver prescription drugs to a person that is not known to the manufacturer or wholesale distributor unless the manufacturer or wholesale distributor has verified with the board or with the licensing authority of the state in which the person is located that the person is licensed to receive prescription drugs or unless the person is a faculty member of an institution of higher education, as defined in s. 36.32 (1), and is obtaining the prescription drugs for the purpose of lawful research, teaching, or testing and not for resale.

55,4468m Section 4468m. 450.072 (2) (ag) of the statutes is created to read:

450.072 (2) (ag) In this subsection, "institution of higher education" means an institution within the University of Wisconsin System or a private educational institution located in this state that awards a bachelor's or higher degree or provides a program that is acceptable toward such a degree.

55,4468s Section 4468s. 450.074 (3) (c) of the statutes is amended to read:

450.074 (3) (c) Violates s. 450.072 (2) (a) (ar), if the person is required to obtain a license under s. 450.071.

55,4473 Section 4473. 450.10 (3) (a) 8. of the statutes is amended to read:

450.10 (3) (a) 8. A veterinarian licensed under ch. 453 89.

55,4474 Section 4474. 450.11 (1b) (bm) of the statutes is amended to read:

450.11 (1b) (bm) A pharmacist or other person dispensing or delivering a drug shall legibly record the name on each identification card presented under par. (b) to the pharmacist or other person, and the name of each person to whom a drug is dispensed or delivered subject to par. (e) 2., and shall maintain that record for a time established by the board by rule or, for a record that is subject to s. 450.19 961.385, until the name is delivered to the controlled substances board under s. 450.19 961.385, whichever is sooner.

55,4475 Section 4475. 450.11 (1m) of the statutes is amended to read:

450.11 (1m) Electronic transmission. Except as provided in s. 453.068 89.068 (1) (c) 4., a practitioner may transmit a prescription order electronically only if the patient approves the transmission and the prescription order is transmitted to a pharmacy designated by the patient.

55,4476 Section 4476. 450.125 of the statutes is amended to read:

450.125 Drugs for animal use. In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with s. 453.068 89.068.

55,4477 Section 4477. 450.19 of the statutes is renumbered 961.385, and 961.385 (1) (ar), (2) (a) (intro.) and 3., (c), (d), (e) and (f) and (2m) (a) and (b), as renumbered, are amended to read:

961.385 (1) (ar) "Practitioner" has the meaning given in s. 450.01 (17) but does not include a veterinarian licensed under ch. 453 89.

(2) (a) (intro.) Require a pharmacy or a practitioner to generate a record documenting each dispensing of a monitored prescription drug at the pharmacy or, if the monitored prescription drug is not dispensed at a pharmacy, by the practitioner and to deliver submit the record to the board, except that the program may not require the generation of a record in any of the following circumstances:

3. The prescription order is for a monitored prescription drug that is a substance listed in the schedule in s. 961.22 and is not a narcotic drug, as defined in s. 961.01 (15), and the prescription order is for a number of doses that is intended to last the patient 7 days or less.

(c) Specify the persons to whom a record may be disclosed and the circumstances under which the disclosure may occur. The rule promulgated under this paragraph shall comply with s. 146.82, except that the rule shall permit the board to share disclose a record generated by the program with to relevant state boards and agencies, relevant agencies of other states, and relevant law enforcement agencies, as defined in s. 165.77 (1) (b), including under circumstances indicating suspicious or critically dangerous conduct or practices of a pharmacy, pharmacist, practitioner, or patient. The board shall define what constitutes suspicious or critically dangerous conduct or practices for purposes of the rule promulgated under this paragraph.

(d) Specify a secure electronic format for delivery submittal of a record generated under the program and authorize the board to grant a pharmacy or practitioner a waiver of the specified format.

(e) Specify a deadline for the delivery submittal of a record to the board.

(f) Specify Permit the board to refer to the appropriate licensing or regulatory board for discipline for failure, or the appropriate law enforcement agency for investigation and possible prosecution, a pharmacist, pharmacy, or practitioner that fails to comply with rules promulgated under this subsection, including by failure to generate a record that is required by the program.

(2m) (a) The rules promulgated under sub. (2) may not require that a record delivered submitted to the board before 2 years after April 9, 2014, contain the name recorded under s. 450.11 (1b) (bm).

(b) After consultation with representatives of licensed pharmacists and pharmacies, and subject to the approval of the secretary of safety and professional services, the board may delay the requirement that a record delivered submitted to the board contain the name recorded under s. 450.11 (1b) (bm) for an additional period beyond the date specified in par. (a).

55,4490 Section 4490. Chapter 453 (title) of the statutes is renumbered chapter 89 (title).

55,4491 Section 4491. 453.02 of the statutes is renumbered 89.02.

55,4492 Section 4492. 453.03 of the statutes is renumbered 89.03, and 89.03 (1), as renumbered, is amended to read:

89.03 (1) The examining board shall promulgate rules, within the limits of the definition under s. 453.02 89.02 (6), establishing the scope of practice permitted for veterinarians and veterinary technicians and shall review the rules at least once every 5 years to determine whether they are consistent with current practice. The examining board may promulgate rules relating to licensure qualifications, denial of a license, certificate certification, or temporary permit, unprofessional conduct, and disciplinary proceedings.

55,4493 Section 4493. 453.04 of the statutes is renumbered 89.04.

55,4494 Section 4494. 453.05 of the statutes is renumbered 89.05, and 89.05 (2) (g), as renumbered, is amended to read:

89.05 (2) (g) Employees of a school of veterinary medicine in this state who practice veterinary medicine on privately owned animals only as a part of their employment and who are licensed under s. 453.06 89.06 (2m).

55,4495 Section 4495. 453.06 of the statutes is renumbered 89.06, and 89.06 (1), as renumbered, is amended to read:

89.06 (1) Except as provided under s. 453.072 89.072, veterinary licenses shall be issued only to persons who successfully pass an examination conducted by the examining board and pay the fee specified in established under s. 440.05 (1) 89.063. An applicant for an initial license shall be a graduate of a veterinary college that has been approved by the examining board or have successfully completed either the educational commission for foreign veterinary graduates certification program of the American Veterinary Medical Association or the program for the assessment of veterinary education equivalence offered by the American Association of Veterinary State Boards. Persons who qualify for examination may be granted temporary permits to engage in the practice of veterinary medicine in the employment and under the supervision of a veterinarian until the results of the next examination conducted by the examining board are available. In case of failure at any examination, the applicant shall have the privilege of taking subsequent examinations, upon the payment of another fee for each examination.

55,4496 Section 4496. 453.062 of the statutes is renumbered 89.062, and 89.062 (1), as renumbered, is amended to read:

89.062 (1) Renewal. The renewal dates date for veterinary licenses and veterinary technician certifications are specified under s. 440.08 (2) (a) is December 15 of each odd-numbered year, and the renewal fees for such licenses and certifications are determined by the department under s. 440.03 (9) (a) 89.063.

55,4497 Section 4497. 453.065 of the statutes is renumbered 89.065.

55,4498 Section 4498. 453.068 of the statutes is renumbered 89.068.

55,4499 Section 4499. 453.07 of the statutes is renumbered 89.07, and 89.07 (1) (b), (2) (intro.) and (3), as renumbered, are amended to read:

89.07 (1) (b) Violating this chapter or ch. 440 or any federal or state statute or rule which that substantially relates to the practice of veterinary medicine.

(2) (intro.) Subject to subch. II of ch. 111 and the rules adopted under s. 440.03 (1), the examining board may, by order, reprimand any person holding a license, certificate, or permit under this chapter or deny, revoke, suspend, limit, or any combination thereof, the person's license, certificate certification, or permit if the person has:

(3) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, certificate certification, or permit under sub. (2), the examining board may assess against the applicant for or the holder of the license, certificate certification, or permit a forfeiture of not more than $5,000 for each violation of s. 453.068 89.068.

55,4500 Section 4500. 453.072 of the statutes is renumbered 89.072 and amended to read:

89.072 Licensees of other jurisdictions. (1) Upon application and payment of the fee specified in established under s. 440.05 (2) 89.063, the examining board may issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country if the applicant is not currently under investigation and has never been disciplined by the licensing authority in the other state, territory or country, has not been found guilty of a crime the circumstances of which are substantially related to the practice of veterinary medicine, is not currently a party in pending litigation in which it is alleged that the applicant is liable for damages for acts committed in the course of practice and has never been found liable for damages for acts committed in the course of practice which evidenced a lack of ability or fitness to practice.

(2) Upon application and payment of the fee specified in established under s. 440.05 (6) 89.063, the examining board may issue a temporary consulting permit to practice veterinary medicine in this state for up to 60 days per year to any nonresident licensed to practice veterinary medicine in another state or territory of the United States or in another country.

55,4501 Section 4501. 453.075 of the statutes is renumbered 89.075.

55,4502 Section 4502. 453.08 of the statutes is renumbered 89.08.

55,4524 Section 4524. Chapter 463 (title) of the statutes is created to read:

chapter 463
body art and tanning facilities

55,4525 Section 4525. 463.18 of the statutes is created to read:

463.18 Violation of law relating to body art. Any person who willfully violates or obstructs the execution of any state statute or rule, county, city, or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be fined not more than $500 or imprisoned for not more than 30 days or both.

55,4546m Section 4546m. 563.03 (12d) of the statutes is created to read:

563.03 (12d) "Progressive raffle" means a raffle in which a series of drawings, as defined in sub. (5r) (a), is held and to which all of the following apply:

(a) All drawings are held successively on the same day or on different days.

(b) The winner of a drawing selects from a set of cards, one of which is designated as a prize card and each of which is enclosed in a separate envelope. Winners of all drawings in the series select from the same set of cards, not including the cards selected by previous winners of drawings in the series.

(c) If the winner of a drawing does not select the prize card, tickets are sold for a new drawing and a new drawing is held. Tickets sold for a specific drawing are ineligible for future drawings.

(d) No drawings are held after the winner of a drawing selects the prize card.

(e) If the winner of a drawing selects the prize card, the total amount of money collected from the sale of tickets for all drawings held in the series is distributed in the following manner:

1. The organization conducting the raffle awards 50 percent to the drawing winner who selected the prize card.

2. The organization conducting the raffle keeps 50 percent.

55,4546p Section 4546p. 563.908 of the statutes, as affected by 2015 Wisconsin Act 6, is amended to read:

563.908 Requirements of raffles. A raffle may not be conducted in this state unless any winner in the raffle is determined by a drawing, or by a drawing followed by the selection of a prize card from among a set of cards, as described in s. 563.03 (12d), with all tickets purchased for a specific drawing or all calendars having an equal opportunity to win.

55,4546r Section 4546r. 563.92 (1m) (c) 1. of the statutes, as affected by 2015 Wisconsin Act 6, is amended to read:

563.92 (1m) (c) 1. Conduct multiple-container raffles, progressive raffles, or plastic or rubber duck races if the raffles or races are authorized under s. 563.908.

55,4546t Section 4546t. 563.935 (11) of the statutes is created to read:

563.935 (11) An organization that conducts a progressive raffle shall do all of the following:

(a) Establish the price of a ticket for a drawing in the raffle before tickets for the first drawing are sold and sell all tickets for all drawings in the raffle for the same price.

(b) During the raffle, keep all unselected cards in a locked container to which only the officers of the organization have access.

(c) Display all cards selected by previous drawing winners before selling tickets for a drawing.

55,4548g Section 4548g. 565.05 (1) (a) of the statutes is amended to read:

565.05 (1) (a) Have Except as provided in sub. (1m), have a direct or indirect interest in, or be employed by, any vendor while serving as an employee in the lottery division of the department or as secretary, deputy secretary, or assistant deputy secretary of revenue for 2 years following the person's termination of service.

55,4548r Section 4548r. 565.05 (1m) of the statutes is created to read:

565.05 (1m) A former employee of the lottery division of the department may be employed by a vendor at any time following the termination of the employee's employment with the lottery division of the department if the department has entered into a contract with the vendor to perform services that were previously performed by employees of the lottery division of the department. An employee of the lottery division of the department may discuss future employment with a vendor while the vendor is attempting to enter into a major procurement contract with the department relating to the lottery only if the employee has the prior written consent of the administrator. This subsection does not apply to the administrator, deputy administrator, or any bureau director in the lottery division of the department.

55,4583m Section 4583m. 618.43 (1) (a) 2. of the statutes is amended to read:

618.43 (1) (a) 2. The insurance is transacted by an unauthorized insurer which that is a risk retention group, including a foreign risk retention group authorized to provide health care liability insurance under s. 655.23 (3) (am) that has not been issued a certificate of authority under s. 618.12.