AB726: Bill Text

AB726,16,19 15.407 (13) (b) The council shall meet at least twice a year. An employee of the department designated by the secretary of the department shall serve as nonvoting secretary of the council.

AB726,54 Section 54. 15.407 (16) of the statutes is repealed.

AB726,55 Section 55. 15.407 (18) (c) of the statutes is repealed.

AB726,56 Section 56. 17.07 (3e) of the statutes is created to read:

AB726,17,2 17.07 (3e) Notwithstanding sub. (3), any state officer under sub. (3) who is a member of an examining board, affiliated credentialing board, or other board in or attached to the department of safety and professional services may be removed by the governor for, as determined by the governor, excessive absenteeism, neglect of duties, conviction of a crime, or unprofessional conduct.

AB726,57 Section 57. 17.16 (1) of the statutes is amended to read:

AB726,17,7 17.16 (1) Removals from office at pleasure or under s. 17.07 (3e) shall be made by order, a copy of which shall be filed as provided by sub. (8), except that a copy of the order of removal of a circuit court commissioner shall be filed in the office of the clerk of the circuit court.

AB726,58 Section 58. 20.165 (1) (g) of the statutes is amended to read:

AB726,17,18 20.165 (1) (g) General program operations. The amounts in the schedule for the licensing, rule making, and regulatory functions of the department, other than the licensing, rule-making, and credentialing functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board and except for preparing, administering, and grading examinations. Ninety percent of all moneys received under chs. 440 to 480, except ch. 462 and subchs. II and IV of ch. 448 and ss. 440.03 (13), 440.05 (1) (b), and, less $10 of each renewal fee received under s. 452.12 (5); all moneys transferred from the appropriation under par. (i); and all moneys received under s. 440.055 (2), shall be credited to this appropriation.

AB726,59 Section 59. 20.165 (1) (hg) of the statutes is amended to read:

AB726,18,3 20.165 (1) (hg) General program operations; medical examining board; prescription drug monitoring program. Biennially, the amounts in the schedule for the licensing, rule-making, and regulatory functions of the medical examining board and the affiliated credentialing boards attached to the medical examining board, except for preparing, administering, and grading examinations; and for the pharmacy examining board's operation of the prescription drug monitoring program under s. 450.19. Ninety percent of all moneys received for issuing and renewing credentials under ch. 462 and subchs. II and IV of ch. 448 shall be credited to this appropriation.

AB726,60 Section 60. 46.90 (5m) (br) 5. of the statutes is amended to read:

AB726,18,8 46.90 (5m) (br) 5. Refer the case to the department of safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 480.

AB726,61 Section 61. 48.78 (2) (g) of the statutes is amended to read:

AB726,18,22 48.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or, 457, or 464. Unless authorized by an order of the court, the department of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB726,62 Section 62. 49.45 (8) (a) 3. of the statutes is amended to read:

AB726,18,25 49.45 (8) (a) 3. "Occupational therapist" has the meaning given in s. 448.96 464.20 (4).

AB726,63 Section 63. 49.45 (8) (a) 5. of the statutes is amended to read:

AB726,19,3 49.45 (8) (a) 5. "Physical therapist" has the meaning given in s. 448.50 464.01 (3).

AB726,64 Section 64. 50.01 (2) of the statutes is amended to read:

AB726,19,11 50.01 (2) "Nurse aide" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse aide" does not mean a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 464; or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides.

AB726,65 Section 65. 50.36 (3) (b) of the statutes is amended to read:

AB726,19,20 50.36 (3) (b) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for any reasons that include the quality of or ability to practice, loses his or her hospital staff privileges, has his or her hospital staff privileges reduced, or resigns from the hospital staff, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB726,66 Section 66. 50.36 (3) (c) of the statutes is amended to read:

AB726,20,5 50.36 (3) (c) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for reasons that do not include the quality of or ability to practice, loses his or her hospital staff privileges for 30 days or more, has his or her hospital staff privileges reduced for 30 days or more, or resigns from the hospital staff for 30 days or more, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB726,67 Section 67. 50.39 (3) of the statutes is amended to read:

AB726,20,15 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448, and 464 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical medical therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

AB726,68 Section 68. 50.50 (7m) of the statutes is amended to read:

AB726,20,18 50.50 (7m) "Occupational therapy" has the meaning given in s. 448.96 464.20 (5).

AB726,69 Section 69. 55.043 (4) (b) 5. of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB726,21,2 55.043 (4) (b) 5. Refer the case to the department of safety and professional services or the department of agriculture, trade and consumer protection, as appropriate, if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 480 or to hold a license, certification, or permit issued under s. 89.06 or 89.072.

AB726,70 Section 70. 101.625 of the statutes is repealed.

AB726,71 Section 71. 101.64 (3) of the statutes, as affected by 2015 Wisconsin Act 29, is amended to read:

AB726,21,8 101.64 (3) Revise the rules under this subchapter after consultation, as appropriate, with the uniform dwelling code council or with the contractor certification council, as appropriate.

AB726,72 Section 72. 145.02 (4) (a) of the statutes is amended to read:

AB726,21,15 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination, and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers, and for the registration and training of registered learners. The plumbers council, created under s. 15.407 (16), shall advise the department in formulating the rules.

AB726,73 Section 73. 146.37 (1g) of the statutes is amended to read:

AB726,22,6 146.37 (1g) Except as provided in s. 153.76, no person acting in good faith who participates in the review or evaluation of the services of health care providers or facilities or the charges for such services conducted in connection with any program organized and operated to help improve the quality of health care, to avoid improper utilization of the services of health care providers or facilities , or to determine the reasonable charges for such services, or who participates in the obtaining of health care information under subch. I of ch. 153, is liable for any civil damages as a result of any act or omission by such person in the course of such review or evaluation. Acts and omissions to which this subsection applies include, but are not limited to, acts or omissions by peer review committees or hospital governing bodies in censuring, reprimanding, limiting, or revoking hospital staff privileges or notifying the medical examining board or podiatry affiliated credentialing board under s. 50.36 or taking any other disciplinary action against a health care provider or facility and acts or omissions by a medical director in reviewing the performance of emergency medical technicians or ambulance service providers.

AB726,74 Section 74. 146.40 (1) (d) of the statutes is amended to read:

AB726,22,16 146.40 (1) (d) "Nurse aide" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse aide" does not mean a feeding assistant, an individual who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 464, or an individual whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides approved under sub. (3) or (3g) or evaluated by competency evaluation programs for nurse aides approved under sub. (3m).

AB726,75 Section 75. 146.81 (1) (dg) of the statutes is amended to read:

AB726,22,19 146.81 (1) (dg) A physical therapist or physical therapist assistant licensed under subch. III I of ch. 448 464.

AB726,76 Section 76. 146.81 (1) (eq) of the statutes is amended to read:

AB726,22,21 146.81 (1) (eq) An athletic trainer licensed under subch. VI III of ch. 448 464.

AB726,77 Section 77. 146.81 (1) (es) of the statutes is amended to read:

AB726,22,24 146.81 (1) (es) An occupational therapist or occupational therapy assistant licensed under subch. VII II of ch. 448 464.

AB726,78 Section 78. 146.81 (1) (hp) of the statutes is amended to read:

AB726,23,2 146.81 (1) (hp) A massage therapist or bodywork therapist licensed under subch. IV of ch. 460 464.

AB726,79 Section 79. 146.89 (1) (r) 1. of the statutes is amended to read:

AB726,23,8 146.89 (1) (r) 1. Licensed as a physician under ch. 448, a dentist or dental hygienist under ch. 447, a registered nurse, practical nurse, or nurse-midwife under ch. 441, an optometrist under ch. 449, a physician assistant under ch. 448, a pharmacist under ch. 450, a chiropractor under ch. 446, a podiatrist under subch. IV of ch. 448, or a physical therapist under subch. III I of ch. 448 464.

AB726,80 Section 80. 146.997 (1) (d) 4. of the statutes is amended to read:

AB726,23,11 146.997 (1) (d) 4. A physician, podiatrist, or perfusionist, physical therapist, or physical therapist assistant licensed under ch. 448.

AB726,81 Section 81. 146.997 (1) (d) 5. of the statutes is amended to read:

AB726,23,14 146.997 (1) (d) 5. An occupational therapist, occupational therapy assistant, A physician assistant or respiratory care practitioner certified under ch. 448.

AB726,82 Section 82. 146.997 (1) (d) 13. of the statutes is renumbered 146.997 (1) (d) 13s. and amended to read:

AB726,23,18 146.997 (1) (d) 13s. A massage therapist or bodywork therapist licensed under subch. IV of ch. 460 464.

AB726,83 Section 83. 146.997 (1) (d) 13e. of the statutes is created to read:

AB726,23,21 146.997 (1) (d) 13e. A physical therapist or physical therapist assistant licensed under subch. I of ch. 464.

AB726,84 Section 84. 146.997 (1) (d) 13m. of the statutes is created to read:

AB726,23,24 146.997 (1) (d) 13m. An occupational therapist or occupational therapist assistant licensed under subch. II of ch. 464.

AB726,85 Section 85. 154.01 (3) of the statutes is amended to read:

AB726,24,2 154.01 (3) "Health care professional" means a person licensed, certified or registered under ch. 441, 448 or, 455 , or 464.

AB726,86 Section 86. 155.01 (7) of the statutes is amended to read:

AB726,24,15 155.01 (7) "Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, or podiatrist, physical therapist, physical therapist assistant, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a physical therapist, physical therapist assistant, occupational therapist, or occupational therapist assistant licensed under ch. 464, a partnership thereof, a corporation or limited liability company thereof that provides health care services, a cooperative health care association organized under s. 185.981 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB726,87 Section 87. 157.061 (2g) of the statutes is repealed.

AB726,88 Section 88. 157.08 (2) (b) of the statutes is amended to read:

AB726,25,11 157.08 (2) (b) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the cemetery board department in writing of the proposed sale or encumbrance. If within 60 days after the cemetery board department is notified of the proposed sale or encumbrance the cemetery board department notifies the cemetery authority in writing that the cemetery board department objects to the sale or encumbrance the cemetery authority may not sell or encumber the cemetery land unless the cemetery board department subsequently notifies the cemetery authority in writing that the objection is withdrawn. The cemetery board department may object to a sale or encumbrance only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum spaces will not be adequately protected if the sale or encumbrance occurs. The cemetery board department may, before the expiration of the 60-day period, notify the cemetery authority in writing that the cemetery board department approves of the sale or encumbrance. Upon receipt of the cemetery board's department's written approval, the cemetery authority may sell or encumber the cemetery land and is released of any liability under this paragraph. The cemetery board department shall make every effort to make determinations under this paragraph in an expeditious manner.

AB726,89 Section 89. 157.11 (9g) (a) 1. c. of the statutes is amended to read:

AB726,25,16 157.11 (9g) (a) 1. c. If not invested as provided in subd. 1. a. or b., otherwise deposited by the cemetery authority in an investment approved by the cemetery board department if the care funds are segregated and invested separately from all other moneys held by the cemetery authority.

AB726,90 Section 90. 157.19 (2) (b) of the statutes is amended to read:

AB726,25,22 157.19 (2) (b) The cemetery authority may not change the trustee of a care fund under s. 157.11 (9g) that is deposited under this section or of a care fund under s. 157.12 (3), and the financial institution may not release any portion of the principal amount of the care fund, without the cemetery board's department's written approval.

AB726,91 Section 91. 157.19 (2) (c) of the statutes is amended to read:

AB726,26,11 157.19 (2) (c) Upon request of the financial institution, the preneed seller, as defined in s. 440.90 (8), shall furnish the financial institution with a copy of the preneed sales contract. Except as provided in s. 440.92 (2) (c), (f), and (j) and (5), preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, may not be withdrawn until all obligations under the preneed sales contract have been fulfilled. The financial institution is not responsible for the fulfillment of any part of the preneed sales contract, except that the financial institution shall release the preneed trust funds, and any interest or dividends that have accumulated on the preneed trust funds, as provided by the terms of the preneed sales contract. The trustee of a preneed trust fund may not be changed without the cemetery board's department's written approval. If the trustee or account number of a preneed trust fund is changed, the cemetery authority shall notify the cemetery board department in writing within 30 days after the change.

AB726,92 Section 92. 157.19 (2) (d) of the statutes is amended to read:

AB726,26,20 157.19 (2) (d) The cemetery board department shall promulgate rules establishing reasonable requirements and standards for the approval of changes under pars. (b) and (c). For approval of changes under par. (b), the rules shall require the cemetery authority to submit evidence that the rights and interests of the beneficiary of the care fund will be adequately protected if the change is approved. For approval of changes under par. (c), the rules shall require the trustee to submit evidence that the rights and interests of the purchaser under the preneed sales contract will be adequately protected if the change is approved.

AB726,93 Section 93. 157.19 (4) of the statutes is amended to read:

AB726,26,24 157.19 (4) The cemetery board department may promulgate rules allowing funds invested under this section to be deposited with a financial institution located outside this state.

AB726,94 Section 94. 157.19 (5) (b) of the statutes is amended to read:

AB726,27,7 157.19 (5) (b) If the cemetery board department determines that care funds under s. 157.11 (9g) that have not been deposited with a city or county as provided in s. 157.11 (9g) (a) are not being properly segregated from other moneys held by the cemetery authority or that those care funds are not being properly invested as required in s. 157.11 (9g) (a), the cemetery board department may require the cemetery authority to deposit those care funds with a financial institution for investment under this section.

AB726,95 Section 95. 157.62 (2) (a) of the statutes is amended to read:

AB726,27,14 157.62 (2) (a) Except as provided in ss. 157.625 and 157.63 (1), every cemetery authority shall file an annual report with the cemetery board department. The report shall be made on a form prescribed and furnished by the cemetery board department. The report shall be made on a calendar-year basis unless the cemetery board department, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period.

AB726,96 Section 96. 157.62 (2) (c) of the statutes is amended to read:

AB726,27,18 157.62 (2) (c) All records relating to accountings of trust funds described under par. (b) 3. to 7. and maintained by the department and by the cemetery board are confidential and are not available for inspection or copying under s. 19.35 (1).

AB726,97 Section 97. 157.65 (2) of the statutes is amended to read:

AB726,28,5 157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board described in s. 15.405 (3m) or the department of safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB726,98 Section 98. 180.1901 (1m) (ag) of the statutes is repealed.

AB726,99 Section 99. 180.1901 (1m) (b) of the statutes is amended to read:

AB726,28,8 180.1901 (1m) (b) Medical examining board under subch. II or IV of ch. 448.

AB726,100 Section 100. 180.1901 (1m) (bg) of the statutes is renumbered 180.1901 (1m) (h) and amended to read: