SB296: Bill Text

SB296,8 Section 8 . 440.14 (3) of the statutes, as affected by 2015 Wisconsin Act 116, section 11m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

SB296,5,24 440.14 (3) If the department or a credentialing board requires an individual to provide, by telephone or other electronic means, any of the individual's personal identifiers in order to apply for a credential or credential renewal, to obtain a product or service from the department or a credentialing board, or to be included in the self-certification registry under s. 475.13, the department or the credentialing board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual's personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the credentialing board furnishes to another person.

SB296,9 Section 9. 440.21 (1) of the statutes is amended to read:

SB296,6,3 440.21 (1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under chs. 440 to 480 or has violated s. 475.13 (5).

SB296,10 Section 10. 440.21 (2) of the statutes is amended to read:

SB296,6,8 440.21 (2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480 or has violated s. 475.13 (5), the department may issue a special order enjoining the person from the continuation of the practice or use of the title.

SB296,11 Section 11. 440.21 (3) of the statutes is amended to read:

SB296,6,14 440.21 (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480 or has violated s. 475.13 (5), the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

SB296,12 Section 12 . 440.23 (title) of the statutes is amended to read:

SB296,6,17 440.23 (title) Cancellation of credential or removal from registry; reinstatement.

SB296,13 Section 13 . 440.23 (2g) and (2r) of the statutes are created to read:

SB296,6,24 440.23 (2g) If a person included in the self-certification registry pays a fee under s. 475.10 (1) or (5) or 475.13 (1) (a) 2. or (2) (b) by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may remove the person from the registry.

SB296,7,6 (2r) At least 20 days before removing a person from the self-certification registry under sub. (2g), the department shall mail a notice to the person that informs the person that the check or demand for payment under the debit or credit card transaction was not paid by the financial institution and that the person may be removed from the registry on the date determined under sub. (2g) unless the person complies with sub. (2) (a) and (c) before that date.

SB296,14 Section 14 . 440.23 (3) of the statutes is amended to read:

SB296,7,12 440.23 (3) Nothing in sub. (1) or (2) prohibits the department from extending the date for cancellation to allow the holder additional time to comply with sub. (2) (a) to (c). Nothing in sub. (2g) or (2r) prohibits the department from extending the date for removing a person from the self-certification registry to allow the person additional time to comply with sub. (2) (a) and (c).

SB296,15 Section 15. Chapter 475 of the statutes is created to read:

SB296,7,14 CHAPTER 475

SB296,7,15 Self-Certification Registry

SB296,7,16 475.01 Definitions. In this chapter:

SB296,7,19 (1) “Credential” means a license, permit, certificate of certification or registration, or similar form of permission that is issued by the state or by any agency or authority in any branch of state government.

SB296,7,21 (2) “Registry” means the self-certification registry established by the department under s. 475.05 (1).

SB296,8,2 (3) (a) Except as provided in par. (b), “supporting organization” means an organization based in this state, a national organization, or the Wisconsin chapter of a national organization, that exists solely to serve or benefit individuals who work in one or more particular occupations or professions, including by providing professional certification, providing continuing education, or otherwise facilitating the continued existence of the occupations or professions.

SB296,8,7 (b) “Supporting organization” does not include an organization or a chapter of an organization that exists to serve or benefit individuals who work in an occupation or profession for which a credential is currently required in order to practice that occupation or profession, to use a title associated with that occupation or profession, or to otherwise be employed in that occupation or profession.

SB296,8,11 475.05 Registry established; duties of department. (1) (a) The department shall establish and maintain an electronic, self-certification registry that includes information about individuals who have been certified by an approved supporting organization as provided in this chapter.

SB296,8,13 (b) The department shall make all of the following information available from the registry under par. (a) through its Internet site:

SB296,8,15 1. A searchable listing of approved supporting organizations included in the registry under s. 475.10.

SB296,8,17 2. Searchable registers of the names and addresses of individuals included in the registry under s. 475.13.

SB296,8,19 3. Information about how a supporting organization can apply to be included in the registry under s. 475.10 (1).

SB296,8,21 4. Information about how an individual certified by an approved supporting organization can apply to be included in the registry under s. 475.13 (1).

SB296,8,24 (2) The department shall create an application that requires a supporting organization applying for inclusion in the registry under s. 475.10 (1) to provide all of the following information:

SB296,8,25 (a) The name of the organization.

SB296,9,2 (b) Information about each occupation or profession that the organization certifies.

SB296,9,4 (c) Information about how approving the organization will provide additional protection to consumers in this state.

SB296,9,6 (d) The following information about the scope of practice of each occupation or profession to which the organization relates:

SB296,9,8 1. The extent to which the scope of practice is similar to the scope of practice of an occupation or profession for which a credential is required.

SB296,9,10 2. The extent to which the services provided by individuals practicing the occupation or profession include fiduciary responsibilities.

SB296,9,12 3. The extent to which the services provided by individuals practicing the occupation or profession can be misused for unscrupulous reasons.

SB296,9,14 (e) The organization's ability to decertify individuals who have received a certification from the organization.

SB296,9,16 (f) The organization's ability to investigate consumer complaints about individuals certified by the organization.

SB296,9,18 (g) The extent to which the organization monitors individuals certified by the organization.

SB296,9,19 (h) Continuing education services provided by the organization.

SB296,9,20 (i) The length of time the organization has existed.

SB296,9,21 (j) Other information the department deems appropriate.

SB296,9,22 (3) The department shall promulgate all of the following rules:

SB296,9,24 (a) Any rules necessary for creating and maintaining the registry under sub. (1).

SB296,10,3 (b) Rules establishing procedures for processing applications by supporting organizations under s. 475.10 and the removal of supporting organizations from the registry.

SB296,10,5 (c) Rules establishing procedures for processing applications by individuals under s. 475.13 and the removal of individuals from the registry.

SB296,10,7 (d) Rules establishing requirements and procedures for renewals under ss. 475.10 (5) and 475.13 (2) (b).

SB296,10,8 (e) Rules governing audits under s. 475.13 (6).

SB296,10,12 (4) The department shall, within 2 years after the department first approves a supporting organization under s. 475.10, submit a report to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) containing all of the following:

SB296,10,14 (a) The names of all supporting organizations that have been approved by the department under s. 475.10.

SB296,10,16 (b) The names of all organizations that applied for approval under s. 475.10 that were not approved by the department.

SB296,10,18 (c) Information about how the registry has provided additional consumer protection to the residents of this state.

SB296,10,20 (d) The department's recommendations as to whether the registry should be continued or whether the limitation under s. 475.10 (8) should be repealed.

SB296,11,2 475.10 Inclusion in registry; supporting organizations. (1) A supporting organization may apply for inclusion in the registry using the application created by the department under s. 475.05 (2). The department may charge a supporting organization an application fee in an amount necessary to reflect the administrative costs of the department that are associated with the application process. The department shall adjust any such fee in accordance with s. 440.03 (9).

SB296,11,10 (2) The department shall review completed applications from supporting organizations submitted under sub. (1). After the department has completed its review of an application, the department shall hold a public hearing on the application. To the extent practicable, the department shall conduct a hearing under this subsection in the manner prescribed for rule-making hearings under s. 227.18. The department may send a copy of a notice of a hearing under this subsection to the legislative reference bureau, in a format approved by the legislative reference bureau, for publication in the Wisconsin administrative register.

SB296,11,20 (3) (a) The department shall, within 30 days after the date of the hearing held under sub. (2), either approve the application, deny the application, or request that the supporting organization submit additional information. The department shall approve an application if the department determines, based on the evidence presented in the supporting organization's application under sub. (1) and information and testimony presented at the hearing held under sub. (2), that approving the supporting organization will improve consumer protection in this state. After the department receives additional information as provided in this paragraph, the department may hold an additional hearing as needed and shall either approve or deny the application.

SB296,11,24 (b) Within 30 days after the department denies an application under this section, the supporting organization may petition the secretary for reconsideration of the application. The secretary shall make a decision on the petition within 30 days after it is filed.

SB296,12,5 (4) If the department approves a supporting organization's application for inclusion in the registry, the department shall include the supporting organization in the registry. The department shall allow an individual who is certified by an approved supporting organization to apply for inclusion in the registry as provided in s. 475.13.

SB296,12,12 (5) A supporting organization's inclusion in the registry shall be subject to renewal every 2 years. If the department requires the payment of an application fee under sub. (1), the department shall require the payment of a renewal fee for a renewal under this subsection in an amount necessary to reflect the administrative and enforcement costs of the department associated with that supporting organization's inclusion in the registry. The department shall adjust any such fee in accordance with s. 440.03 (9).

SB296,12,14 (6) The department may remove an approved supporting organization from the registry for any of the following reasons:

SB296,12,15 (a) The organization requests to be removed from the registry.

SB296,12,16 (b) The organization ceases its operations.

SB296,12,18 (c) The supporting organization fails to renew its inclusion in the registry as provided in sub. (5).

SB296,12,21 (d) Fraud or deceit in the application process that would have affected the department's decision to approve the supporting organization's application under sub. (1).

SB296,12,22 (e) The department removes the organization pursuant to s. 440.23.

SB296,12,25 (7) (a) A supporting organization that is included in the registry shall notify the department if the organization decertifies an individual who is certified by the organization.

SB296,13,5 (b) A supporting organization that is included in the registry may audit the information of an individual included in the registry under s. 475.13 who claims to have earned a certification from the supporting organization. If the supporting organization determines that an individual included in the registry does not possess the certification, the supporting organization shall notify the department.

SB296,13,9 (8) The department shall be limited to approving 5 supporting organizations for inclusion in the registry. Once the department has approved 5 supporting organizations, the department shall, notwithstanding sub. (3), summarily deny any outstanding applications and any subsequently filed applications.

SB296,13,13 475.13 Inclusion in registry; individuals. (1) (a) An individual may apply for inclusion in the registry by submitting an application to the department for inclusion in the registry on a form provided by the department. An applicant shall include all of the following with his or her application:

SB296,13,15 1. Evidence that the individual possesses a valid certification from an approved supporting organization that is included in the registry under s. 475.10 (4).

SB296,13,18 2. A fee in an amount necessary to reflect the administrative costs of the department that are associated with the application process. The department shall adjust the fee in accordance with s. 440.03 (9).

SB296,13,20 3. Subject to ss. 111.321, 111.322, and 111.335, evidence satisfactory to the department that the person does not have an arrest or conviction record.

SB296,13,24 (b) 1. The department shall conduct an investigation to determine whether an applicant under par. (a) does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation.

SB296,14,5 2. An individual may apply to the secretary for a waiver from the investigation requirement under subd. 1. The secretary may grant the waiver only if the secretary determines the individual, in practicing the individual's occupation or profession, would not present an unreasonable risk of harm to the health, safety, or welfare of the public.

SB296,14,7 3. The department may charge an individual any fees, costs, or other expenses incurred in conducting any investigation under subd. 1.

SB296,14,10 (2) (a) The department shall review completed applications submitted under sub. (1). If the department approves an individual's application, the department shall include that individual in the registry.

SB296,14,16 (b) An individual's inclusion in the registry shall be subject to renewal every 2 years. The department may require the payment of a renewal fee for a renewal under this paragraph in an amount necessary to reflect the administrative and enforcement costs of the department associated with the inclusion of individuals certified by that supporting organization in the registry. The department shall adjust the fee in accordance with s. 440.03 (9).

SB296,14,21 (3) An individual who is included in the registry and is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the individual shall include with the written notice.

SB296,14,23 (4) An individual who is included in the registry as provided in sub. (2) shall be removed from the registry if any of the following applies:

SB296,14,25 (a) The supporting organization that certified the individual is removed from the registry under s. 475.10 (6).

SB296,15,2 (b) The individual fails to renew his or her inclusion in the registry as provided in sub. (2) (b).

SB296,15,4 (c) The department receives a notification from a supporting organization under s. 475.10 (7) (a) that the individual has been decertified.

SB296,15,7 (d) The department determines, on the basis of a notification under s. 475.10 (7) (b), on the basis of an audit under sub. (6), or otherwise, that the individual does not possess the requisite certification.

SB296,15,9 (e) Subject to ss. 111.321, 111.322, and 111.335, the individual is convicted of a crime.

SB296,15,10 (f) The department removes the individual pursuant to s. 440.23.

SB296,15,16 (5) No individual may, in conjunction with his or her practice of an occupation or profession, use the phrase “state certified” or anything else to indicate that he or she is certified by the state to engage in that occupation or profession, if a supporting organization for that occupation or profession is included on the registry under s. 475.10, unless the individual is currently included in the registry as provided in sub. (2).

SB296,15,19 (6) The department may conduct audits of information submitted by individuals in applications under sub. (1) (a) or by individuals included in the registry as provided in sub. (2).

SB296,15,21 475.15 Penalties. (1) Any individual who violates s. 475.13 (5) is subject to a forfeiture not to exceed $10,000.