LRB-2158/1
MED:klm/jld/amn
2017 - 2018 LEGISLATURE
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
1An Act to amend 111.32 (10), 440.01 (2) (a), 440.03 (9) (d), 440.14 (2), 440.14 (3),
2440.21 (1), 440.21 (2), 440.21 (3), 440.23 (title) and 440.23 (3);
to repeal and
3recreate 440.14 (2) and 440.14 (3); and
to create 440.03 (9) (cm), 440.23 (2g)
4and (2r) and chapter 475 of the statutes;
relating to: the establishment of a
5self-certification registry operated by the Department of Safety and
6Professional Services, granting rule-making authority, and providing a
7penalty.
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
1Section 1
. 111.32 (10) of the statutes is amended to read:
SB296,2,72
111.32
(10) “License" means the whole or any part of any permit, certificate,
3approval, registration, charter or similar form of permission required by a state or
4local unit of government for the undertaking, practice or continuation of any
5occupation or profession.
“License” also includes the inclusion by the department of
6safety and professional services of an individual in the self-certification registry
7under s. 475.13.
SB296,2
8Section
2
. 440.01 (2) (a) of the statutes is amended to read:
SB296,3,29
440.01
(2) (a) “Credential" means a license, permit, or certificate of certification
10or registration that is issued under chs. 440 to 480.
“Credential” does not include the
11inclusion in the self-certification registry of a supporting organization under s.
1475.10 or the inclusion of an individual in the self-certification registry under s.
2475.13.
SB296,3
3Section 3
. 440.03 (9) (cm) of the statutes is created to read:
SB296,3,64
440.03
(9) (cm) The department shall, biennially, determine the amount of any
5fees under ss. 475.10 (1) and (5) and 475.13 (1) (a) 2. and (2) (b) by doing all of the
6following:
SB296,3,87
1. Recalculating the costs of the department described in ss. 475.10 (1) and (5)
8and 475.13 (1) (a) 2. and (2) (b).
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2. Not later than January 31 of each odd-numbered year, adjusting for the
10succeeding fiscal biennium each such fee, if an adjustment is necessary to reflect any
11estimated changes to those costs.
SB296,4
12Section 4
. 440.03 (9) (d) of the statutes is amended to read:
SB296,4,213
440.03
(9) (d) Not later than 14 days after completing proposed fee adjustments
14under
par. pars. (a)
and (cm), the department shall send a report detailing the
15proposed fee adjustments to the cochairpersons of the joint committee on finance.
16If, within 14 working days after the date that the department submits the report, the
17cochairpersons of the committee notify the secretary that the committee has
18scheduled a meeting for the purpose of reviewing the proposed adjustments, the
19department may not impose the fee adjustments until the committee approves the
20report. If the cochairpersons of the committee do not notify the secretary, the
21department shall notify credential holders
and supporting organizations and
22individuals included in the self-certification registry under ch. 475 of the fee
23adjustments by posting the fee adjustments on the department's Internet
Web site
24and
including the adjustments in
credential renewal notices sent to affected
1credential holders under s. 440.08 (1)
and affected supporting organizations and
2individuals under ss. 475.10 (5) and 475.13 (2) (b).
SB296,5
3Section 5
. 440.14 (2) of the statutes is amended to read:
SB296,4,144
440.14
(2) If a form that the department or a credentialing board requires an
5individual to complete in order to apply for a credential or credential renewal
or, to
6obtain a product or service from the department or the credentialing board
, or to be
7included in the self-certification registry under s. 475.13 requires the individual to
8provide any of the individual's personal identifiers, the form shall include a place for
9the individual to declare that the individual's personal identifiers obtained by the
10department or the credentialing board from the information on the form may not be
11disclosed on any list that the department or the credentialing board furnishes to
12another person. This subsection does not apply with respect to an application filed
13with the medical examining board pursuant to the interstate medical licensure
14compact under s. 448.980 (5).
SB296,6
15Section 6
. 440.14 (2) of the statutes, as affected by
2015 Wisconsin Act 116,
16section
10m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
SB296,4,2517
440.14
(2) If a form that the department or a credentialing board requires an
18individual to complete in order to apply for a credential or credential renewal, to
19obtain a product or service from the department or the credentialing board, or to be
20included in the self-certification registry under s. 475.13 requires the individual to
21provide any of the individual's personal identifiers, the form shall include a place for
22the individual to declare that the individual's personal identifiers obtained by the
23department or the credentialing board from the information on the form may not be
24disclosed on any list that the department or the credentialing board furnishes to
25another person.
SB296,7
1Section
7. 440.14 (3) of the statutes is amended to read:
SB296,5,132
440.14
(3) If the department or a credentialing board requires an individual
3to provide, by telephone or other electronic means, any of the individual's personal
4identifiers in order to apply for a credential or credential renewal
or, to obtain a
5product or service from the department or a credentialing board
, or to be included in
6the self-certification registry under s. 475.13, the department or the credentialing
7board shall ask the individual at the time that the individual provides the
8information if the individual wants to declare that the individual's personal
9identifiers obtained by telephone or other electronic means may not be disclosed on
10any list that the department or the credentialing board furnishes to another person.
11This subsection does not apply with respect to an application filed with the medical
12examining board pursuant to the interstate medical licensure compact under s.
13448.980 (5).
SB296,8
14Section 8
. 440.14 (3) of the statutes, as affected by
2015 Wisconsin Act 116,
15section
11m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
SB296,5,2416
440.14
(3) If the department or a credentialing board requires an individual
17to provide, by telephone or other electronic means, any of the individual's personal
18identifiers in order to apply for a credential or credential renewal, to obtain a product
19or service from the department or a credentialing board, or to be included in the
20self-certification registry under s. 475.13, the department or the credentialing board
21shall ask the individual at the time that the individual provides the information if
22the individual wants to declare that the individual's personal identifiers obtained by
23telephone or other electronic means may not be disclosed on any list that the
24department or the credentialing board furnishes to another person.
SB296,9
25Section
9. 440.21 (1) of the statutes is amended to read:
SB296,6,3
1440.21
(1) The department may conduct investigations, hold hearings
, and
2make findings as to whether a person has engaged in a practice or used a title without
3a credential required under chs. 440 to 480
or has violated s. 475.13 (5).
SB296,10
4Section
10. 440.21 (2) of the statutes is amended to read:
SB296,6,85
440.21
(2) If, after holding a public hearing, the department determines that
6a person has engaged in a practice or used a title without a credential required under
7chs. 440 to 480
or has violated s. 475.13 (5), the department may issue a special order
8enjoining the person from the continuation of the practice or use of the title.
SB296,11
9Section
11. 440.21 (3) of the statutes is amended to read:
SB296,6,1410
440.21
(3) In lieu of holding a public hearing, if the department has reason to
11believe that a person has engaged in a practice or used a title without a credential
12required under chs. 440 to 480
or has violated s. 475.13 (5), the department may
13petition the circuit court for a temporary restraining order or an injunction as
14provided in ch. 813.
SB296,12
15Section 12
. 440.23 (title) of the statutes is amended to read:
SB296,6,17
16440.23 (title)
Cancellation of credential or removal from registry;
17reinstatement.
SB296,13
18Section 13
. 440.23 (2g) and (2r) of the statutes are created to read:
SB296,6,2419
440.23
(2g) If a person included in the self-certification registry pays a fee
20under s. 475.10 (1) or (5) or 475.13 (1) (a) 2. or (2) (b) by check or debit or credit card
21and the check is not paid by the financial institution upon which the check is drawn
22or if the demand for payment under the debit or credit card transaction is not paid
23by the financial institution upon which demand is made, the department may
24remove the person from the registry.
SB296,7,6
1(2r) At least 20 days before removing a person from the self-certification
2registry under sub. (2g), the department shall mail a notice to the person that
3informs the person that the check or demand for payment under the debit or credit
4card transaction was not paid by the financial institution and that the person may
5be removed from the registry on the date determined under sub. (2g) unless the
6person complies with sub. (2) (a) and (c) before that date.
SB296,14
7Section 14
. 440.23 (3) of the statutes is amended to read:
SB296,7,128
440.23
(3) Nothing in sub. (1) or (2) prohibits the department from extending
9the date for cancellation to allow the holder additional time to comply with sub. (2)
10(a) to (c).
Nothing in sub. (2g) or (2r) prohibits the department from extending the
11date for removing a person from the self-certification registry to allow the person
12additional time to comply with sub. (2) (a) and (c).
SB296,15
13Section
15. Chapter 475 of the statutes is created to read:
SB296,7,1515
Self-Certification Registry
SB296,7,16
16475.01 Definitions. In this chapter:
SB296,7,19
17(1) “Credential” means a license, permit, certificate of certification or
18registration, or similar form of permission that is issued by the state or by any agency
19or authority in any branch of state government.
SB296,7,21
20(2) “Registry” means the self-certification registry established by the
21department under s. 475.05 (1).
SB296,8,2
22(3) (a) Except as provided in par. (b), “supporting organization” means an
23organization based in this state, a national organization, or the Wisconsin chapter
24of a national organization, that exists solely to serve or benefit individuals who work
25in one or more particular occupations or professions, including by providing
1professional certification, providing continuing education, or otherwise facilitating
2the continued existence of the occupations or professions.
SB296,8,73
(b) “Supporting organization” does not include an organization or a chapter of
4an organization that exists to serve or benefit individuals who work in an occupation
5or profession for which a credential is currently required in order to practice that
6occupation or profession, to use a title associated with that occupation or profession,
7or to otherwise be employed in that occupation or profession.
SB296,8,11
8475.05 Registry established; duties of department. (1) (a) The
9department shall establish and maintain an electronic, self-certification registry
10that includes information about individuals who have been certified by an approved
11supporting organization as provided in this chapter.
SB296,8,1312
(b) The department shall make all of the following information available from
13the registry under par. (a) through its Internet site:
SB296,8,1514
1. A searchable listing of approved supporting organizations included in the
15registry under s. 475.10.
SB296,8,1716
2. Searchable registers of the names and addresses of individuals included in
17the registry under s. 475.13.
SB296,8,1918
3. Information about how a supporting organization can apply to be included
19in the registry under s. 475.10 (1).
SB296,8,2120
4. Information about how an individual certified by an approved supporting
21organization can apply to be included in the registry under s. 475.13 (1).
SB296,8,24
22(2) The department shall create an application that requires a supporting
23organization applying for inclusion in the registry under s. 475.10 (1) to provide all
24of the following information:
SB296,8,2525
(a) The name of the organization.
SB296,9,2
1(b) Information about each occupation or profession that the organization
2certifies.
SB296,9,43
(c) Information about how approving the organization will provide additional
4protection to consumers in this state.
SB296,9,65
(d) The following information about the scope of practice of each occupation or
6profession to which the organization relates:
SB296,9,87
1. The extent to which the scope of practice is similar to the scope of practice
8of an occupation or profession for which a credential is required.