2015 Wisconsin Act 55

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.

55,4588 Section 4588. 632.697 of the statutes is amended to read:

632.697 Benefits subject to department's right to recover. Death benefits payable under a life insurance policy or an annuity are subject to the right of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the deceased policyholder or annuitant.

55,4590p Section 4590p. 632.865 of the statutes is created to read:

632.865 Pharmacy benefit managers. (1) Definitions. In this section:

(a) "Pharmacist" has the meaning given in s. 450.01 (15).

(b) "Pharmacy" means an entity licensed under s. 450.06 or 450.065.

(c) "Pharmacy benefit manager" means an entity doing business in this state that contracts to administer or manage prescription drug benefits on behalf of any insurer or other entity that provides prescription drug benefits to residents of this state.

(d) "Prescribed drug or device" has the meaning given in s. 450.01 (18).

(e) "Prescription drug benefit" means coverage of or payment or assistance for prescribed drugs or devices.

(2) Pricing transparency. (a) The pharmacy benefit manager shall agree in each contract or renewal to do all of the following:

1. Update maximum allowable cost pricing information for prescribed drugs or devices at least every 7 business days and provide a means by which contracted pharmacies may promptly review pricing updates in a format that is readily available and accessible.

2. Reimburse pharmacists and pharmacies for prescribed drugs or devices subject to maximum allowable cost information that has been updated at least every 7 business days.

3. Eliminate prescribed drugs or devices from the maximum allowable cost information or modify maximum allowable cost in a timely fashion consistent with availability of prescribed drugs or devices and pricing changes in the marketplace.

(b) A pharmacy benefit manger shall include in each contract with a pharmacy a process to appeal, investigate, and resolve disputes regarding maximum allowable cost pricing that includes all of the following:

1. A 21-day limit on the right to appeal following the initial claim.

2. A requirement that the appeal be investigated and resolved within 21 days after the date of the appeal.

3. A dedicated telephone number at which the pharmacy may contact the pharmacy benefit manager to speak to a person responsible for processing appeals.

4. A requirement that a pharmacy benefit manager provide a reason for any appeal denial and the national drug code published in a directory by the federal food and drug administration of a prescribed drug or device that may be purchased by retail network pharmacies at a price at or below the maximum allowable cost.

5. A requirement that a pharmacy benefit manager make a pricing adjustment no later than one day after the date of the final determination of the appeal.

55,4590r Section 4590r. 632.876 of the statutes is created to read:

632.876 Independent dispute resolution process relating to chiropractic treatment. The commissioner shall promulgate rules that provide for a fast, fair, cost-effective, and binding independent process for resolving disputes related to insurer conduct under s. 632.87 (3). The rules shall include at least all of the following:

(1) The procedures for making a request to the commissioner for an independent dispute resolution, including specification of who is eligible to request an independent dispute resolution.

(2) A requirement that individuals requesting an independent dispute resolution must first exhaust any internal grievance procedure established by the insurer for grievances related to conduct under s. 632.87 (3).

(3) The application procedure and qualifications, including conflict of interest provisions, for individuals to act as independent reviewers under the independent dispute resolution process and the inclusion of retired members of the state judiciary as individuals who are eligible to act as independent reviewers.

(4) The procedure for selecting an independent reviewer to review a particular complaint.

(5) The procedures, including timelines, that an independent reviewer must follow when reviewing a complaint and a requirement that an independent reviewer must render a decision regarding a particular complaint within 9 months after the commissioner receives the request for independent dispute resolution.

(6) Procedures for setting and paying the fees of the independent reviewers.

(7) A requirement that the insurer about which the independent dispute resolution is requested pay the fees of the independent reviewer.

(8) The relief to which an individual who requests independent dispute resolution and who prevails is entitled, including injunctive and declaratory relief and monetary relief due to underpayments by the insurer.

55,4591 Section 4591. 632.895 (10) (a) of the statutes is amended to read:

632.895 (10) (a) Except as provided in par. (b), every disability insurance policy and every health care benefits plan provided on a self-insured basis by a county board under s. 59.52 (11), by a city or village under s. 66.0137 (4), by a political subdivision local governmental unit or technical college district under s. 66.0137 (4m), by a town under s. 60.23 (25), or by a school district under s. 120.13 (2) shall provide coverage for blood lead tests for children under 6 years of age, which shall be conducted in accordance with any recommended lead screening methods and intervals contained in any rules promulgated by the department of health services under s. 254.158.

55,4594g Section 4594g. 655.001 (8c) of the statutes is created to read:

655.001 (8c) "Insurer" includes a foreign insurer that is a risk retention group that issues health care liability insurance under this chapter.

55,4594m Section 4594m. 655.23 (3) (am) of the statutes is created to read:

655.23 (3) (am) For purposes of par. (a) only, a foreign insurer that is a risk retention group and that has not been issued a certificate of authority under s. 618.12 is authorized to do business in this state if the risk retention group is registered with the commissioner, is approved by the commissioner to provide health care liability insurance coverage under this chapter, and has and maintains a risk-based capital ratio of at least 300 percent as determined under the risk-based capital instructions adopted by the National Association of Insurance Commissioners.

55,4594r Section 4594r. 703.195 (1) (c) of the statutes is amended to read:

703.195 (1) (c) "Condemnor" means a person specified in s. 32.01 (1) who has the authority to condemn property under ch. 32.

55,4595 Section 4595. 705.04 (2g) of the statutes is amended to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse.

55,4595c Section 4595c. 706.22 of the statutes is created to read: