SB296: Bill Text

MED:klm/jld/amn

2017 - 2018 LEGISLATURE

2017 Senate BILL 296

June 15, 2017 - Introduced by Senators Darling, Kapenga and Stroebel, cosponsored by Representatives Hutton, Brandtjen, R. Brooks, Knodl, Kooyenga, Murphy, Rohrkaste and Tittl. Referred to Committee on Public Benefits, Licensing and State-Federal Relations.

SB296,1,7 An Act to amend 111.32 (10), 440.01 (2) (a), 440.03 (9) (d), 440.14 (2), 440.14 (3), 440.21 (1), 440.21 (2), 440.21 (3), 440.23 (title) and 440.23 (3); to repeal and recreate 440.14 (2) and 440.14 (3); and to create 440.03 (9) (cm), 440.23 (2g) and (2r) and chapter 475 of the statutes; relating to: the establishment of a self-certification registry operated by the Department of Safety and Professional Services, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill requires the Department of Safety and Professional Services to establish and maintain an electronic self-certification registry that allows individuals certified by state-approved supporting organizations to apply to be able to use the title “state certified” in conjunction with their practice.

Under the bill, an organization that exists solely to serve or benefit individuals who work in one or more particular occupations or professions, whether as a Wisconsin organization, a national organization, or a Wisconsin chapter of a national organization (supporting organization), may apply to DSPS for inclusion in the registry. If DSPS determines, following an application process that includes a public hearing, that approving the supporting organization will improve consumer protection in this state, DSPS must include the supporting organization in the registry. If DSPS includes a supporting organization in the registry, an individual who is certified by that supporting organization may apply to DSPS to be included in the registry, and an individual who is so included in the registry may then use the title “state certified” in conjunction with his or her profession or occupation. DSPS must make certain information available through its Internet site, including a list of approved supporting organizations and searchable registers of individuals included in the registry.

Under the bill, DSPS is limited to approving five supporting organizations for inclusion in the registry, and the bill requires DSPS, within two years after first approving a supporting organization for inclusion in the registry, to report to the legislature with certain information about the registry and DSPS's recommendations regarding the continuation of the registry or the elimination of the cap on approved supporting organizations.

In addition, the bill requires DSPS, within one year after the bill is enacted, to report to the legislature on whether there are supporting organizations corresponding to a number of specified professions and occupations for which a state license, permit, or certificate is currently required, as well as recommendations regarding whether any of those license, permit, or certificate requirements should be repealed.

For further information see the state 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:

SB296,1 Section 1 . 111.32 (10) of the statutes is amended to read:

SB296,2,7 111.32 (10) “License" means the whole or any part of any permit, certificate, approval, registration, charter or similar form of permission required by a state or local unit of government for the undertaking, practice or continuation of any occupation or profession. “License” also includes the inclusion by the department of safety and professional services of an individual in the self-certification registry under s. 475.13.

SB296,2 Section 2 . 440.01 (2) (a) of the statutes is amended to read:

SB296,3,2 440.01 (2) (a) “Credential" means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 480. “Credential” does not include the inclusion in the self-certification registry of a supporting organization under s. 475.10 or the inclusion of an individual in the self-certification registry under s. 475.13.

SB296,3 Section 3 . 440.03 (9) (cm) of the statutes is created to read:

SB296,3,6 440.03 (9) (cm) The department shall, biennially, determine the amount of any fees under ss. 475.10 (1) and (5) and 475.13 (1) (a) 2. and (2) (b) by doing all of the following:

SB296,3,8 1. Recalculating the costs of the department described in ss. 475.10 (1) and (5) and 475.13 (1) (a) 2. and (2) (b).

SB296,3,11 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each such fee, if an adjustment is necessary to reflect any estimated changes to those costs.

SB296,4 Section 4 . 440.03 (9) (d) of the statutes is amended to read:

SB296,4,2 440.03 (9) (d) Not later than 14 days after completing proposed fee adjustments under par. pars. (a) and (cm), the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments until the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department shall notify credential holders and supporting organizations and individuals included in the self-certification registry under ch. 475 of the fee adjustments by posting the fee adjustments on the department's Internet Web site and including the adjustments in credential renewal notices sent to affected credential holders under s. 440.08 (1) and affected supporting organizations and individuals under ss. 475.10 (5) and 475.13 (2) (b).

SB296,5 Section 5 . 440.14 (2) of the statutes is amended to read:

SB296,4,14 440.14 (2) If a form that the department or a credentialing board requires an individual to complete in order to apply for a credential or credential renewal or, to obtain a product or service from the department or the credentialing board, or to be included in the self-certification registry under s. 475.13 requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or the credentialing board from the information on the form may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5).

SB296,6 Section 6 . 440.14 (2) of the statutes, as affected by 2015 Wisconsin Act 116, section 10m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

SB296,4,25 440.14 (2) If a form that the department or a credentialing board requires an individual to complete in order to apply for a credential or credential renewal, to obtain a product or service from the department or the credentialing board, or to be included in the self-certification registry under s. 475.13 requires the individual to provide any of the individual's personal identifiers, the form shall include a place for the individual to declare that the individual's personal identifiers obtained by the department or the credentialing board from the information on the form may not be disclosed on any list that the department or the credentialing board furnishes to another person.

SB296,7 Section 7. 440.14 (3) of the statutes is amended to read:

SB296,5,13 440.14 (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 or, 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. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5).

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.