Amendment ASA1-AB100

AB100-ASA1,1684,15 440.08 (2g) (c) Neither the department nor any examining board or affiliated credentialing board may disclose a social security number obtained from an applicant for credential renewal on a form established under par. (a) s. 440.03 (7) to any person except to the department of revenue for the sole purpose of making the determination required under sub. (2r).

AB100-ASA1, s. 4290m Section 4290m. 440.11 (1) of the statutes is amended to read:

AB100-ASA1,1684,21 440.11 (1) An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department in writing of his or her new name or address within 30 days of the change in writing or in accordance with other notification procedures approved by the department.

AB100-ASA1, s. 4291g Section 4291g. 440.22 (2) of the statutes is amended to read:

AB100-ASA1,1685,9 440.22 (2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board or board. Upon the request of the department of regulation and licensing, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

AB100-ASA1, s. 4291r Section 4291r. 440.22 (3) of the statutes is amended to read:

AB100-ASA1,1685,17 440.22 (3) In addition to any other discipline imposed, if the department, examining board, affiliated credentialing board or board assesses costs of the proceeding to the holder of the credential under sub. (2), the department, examining board, affiliated credentialing board or board may not restore, renew or otherwise issue any credential to the holder until the holder has made payment to the department under sub. (2) in the full amount assessed, together with any accrued interest.

AB100-ASA1, s. 2947 Section 2947. 440.26 (2) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 461, is renumbered 440.26 (2) (b).

AB100-ASA1, s. 2948 Section 2948. 440.26 (2) (b) 2. of the statutes, as created by 1995 Wisconsin Act 461, is repealed.

AB100-ASA1, s. 2949 Section 2949. 440.26 (3) of the statutes, as affected by 1995 Wisconsin Act 461, is amended to read:

AB100-ASA1,1686,12 440.26 (3) Issuance of licenses; fees. Upon receipt and examination of an application executed under sub. (2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the fee specified in s. 440.05 (1) and the costs, including the costs of record searches, incurred by the department in obtaining information related to the eligibility and qualifications of the applicant. No license shall be issued for a longer period than 2 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the fees specified in s. 440.08. The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.

AB100-ASA1, s. 2950 Section 2950. 440.26 (5m) (a) 1. of the statutes, as created by 1995 Wisconsin Act 461, is amended to read:

AB100-ASA1,1686,22 440.26 (5m) (a) 1. The individual submits an application for a private security permit to the department on a form provided by the department. The department may require that an individual provide any information which the department determines is reasonably necessary to determine whether the individual meets the requirements of this section and rules promulgated under this section or to establish the truth of the facts set forth in the application. The department may also require under this subdivision that an applicant complete forms provided by the department of justice and the federal bureau of investigation.

AB100-ASA1, s. 2951 Section 2951. 440.26 (5m) (a) 4. of the statutes, as created by 1995 Wisconsin Act 461, is amended to read:

AB100-ASA1,1687,4 440.26 (5m) (a) 4. The individual pays to the department the fee specified in s. 440.05 (1) and the costs, including the costs of record searches, incurred by the department in obtaining information related to the eligibility and qualifications of the individual.

AB100-ASA1, s. 4303m Section 4303m. 443.06 (1) (a) of the statutes is amended to read:

AB100-ASA1,1687,14 443.06 (1) (a) Application for registration as a land surveyor or a permit to practice shall be made to the section under oath, on forms prescribed by the examining board and provided by the department, which shall require the applicant to submit such information as the section deems necessary. The section may require applicants to pass written or oral examinations or both. Applicants who do not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, shall be entitled to be registered or issued a permit to practice as land surveyors when satisfactory evidence is submitted that the applicant has met one or more of the requirements of sub. (2).

AB100-ASA1, s. 4304m Section 4304m. 443.10 (2) (a) of the statutes is amended to read:

AB100-ASA1,1687,23 443.10 (2) (a) Applications for registration or for a certificate of record shall be on forms prescribed by the examining board and provided by the department and shall contain statements made under oath showing the applicant's education and detail summary of the applicant's technical work and not less than 5 references, of whom 3 or more shall have personal knowledge of the applicant's architectural, landscape architectural, geological or engineering experience in the case of an application for registration or of the applicant's technical education or engineering work in the case of an application for a certificate of record.

AB100-ASA1, s. 4307e Section 4307e. 443.14 (10) of the statutes is amended to read:

AB100-ASA1,1688,3 443.14 (10) Any person employed by a county or this state who is engaged in the planning, design, installation or regulation of soil land and water conservation activities under ch. 92 or s. 281.65 and who is certified under s. 92.18.

AB100-ASA1, s. 4307g Section 4307g. 443.14 (11) of the statutes is amended to read:

AB100-ASA1,1688,7 443.14 (11) Any land surveyor registered under s. 443.06 who is engaged in the planning, design, installation or regulation of soil land and water conservation activities under ch. 92 or s. 281.65.

AB100-ASA1, s. 4307m Section 4307m. 445.08 (4) (a) of the statutes is renumbered 445.08 (4) and amended to read:

AB100-ASA1,1688,16 445.08 (4) Applications for the examination at a time and place to be arranged and conducted by the examining board for a reciprocal funeral director's license shall be in writing and verified on a blank to be prescribed and furnished by the examining board, and be accompanied by such proof of compliance with the requirements for a reciprocal funeral director's license and with such other information as the examining board requires and shall be accompanied by the examination fee for each application.

AB100-ASA1, s. 4312m Section 4312m. 448.05 (7) of the statutes is amended to read:

AB100-ASA1,1688,25 448.05 (7) Application. Application for any class of license or certificate shall be made as a verified statement in such a form provided by the department and at such time and place as the board may designate, and shall be accompanied by satisfactory evidence setting out the qualifications imposed by this section. Application for any class of license to practice medicine and surgery also shall be accompanied by a verified statement that the applicant is familiar with the state health laws and the rules of the department of health and family services as related to communicable diseases.

AB100-ASA1, s. 2952 Section 2952. 448.56 (1) of the statutes is amended to read:

AB100-ASA1,1689,14 448.56 (1) Written referral. Except as provided in this subsection and s. 448.52, a person may practice physical therapy only upon the written referral of a physician, chiropractor, dentist or podiatrist. Written referral is not required if a physical therapist provides services in schools to children with exceptional educational needs pursuant to rules promulgated by the department of education public instruction; provides services as part of a home health care agency; provides services to a patient in a nursing home pursuant to the patient's plan of care; provides services related to athletic activities, conditioning or injury prevention; or provides services to an individual for a previously diagnosed medical condition after informing the individual's physician, chiropractor, dentist or podiatrist who made the diagnosis. The affiliated credentialing board may promulgate rules establishing additional services that are excepted from the written referral requirements of this subsection.

AB100-ASA1, s. 4315m Section 4315m. 450.01 (21) of the statutes is amended to read:

AB100-ASA1,1689,18 450.01 (21) "Prescription order" means a written or oral order an order transmitted orally, electronically or in writing by a practitioner for a drug or device for a particular patient.

AB100-ASA1, s. 2953 Section 2953. 450.10 (3) (a) 11. of the statutes is amended to read:

AB100-ASA1,1689,22 450.10 (3) (a) 11. A speech-language pathologist or audiologist licensed under subch. II of ch. 459 or a speech and language pathologist licensed by the department of education public instruction.

AB100-ASA1, s. 4316e Section 4316e. 450.11 (2) of the statutes is amended to read:

AB100-ASA1,1690,2 450.11 (2) Prescription order file. Every prescription order shall be filed in a suitable book or file and preserved for at least 5 years. Subject to s. 961.38 (2), prescription orders transmitted electronically may be filed and preserved in electronic format.

AB100-ASA1, s. 4316m Section 4316m. 450.11 (5) of the statutes is amended to read:

AB100-ASA1,1690,8 450.11 (5) Renewals. No prescription may be renewed except as designated on the prescription order. An accurate record of renewal dispensing shall be maintained showing the date and amount. No prescription may be renewed unless the requirements of sub. (1) have been met and either written or oral, oral or electronic authorization has been given by the prescribing practitioner.

AB100-ASA1, s. 4316s Section 4316s. 450.13 (2) of the statutes is amended to read:

AB100-ASA1,1690,17 450.13 (2) Exception. A prescriber may indicate, by writing on the face of the prescription order or, with respect to a prescription order transmitted electronically, by designating in electronic format the phrase "No substitutions" or words of similar meaning or the initials "N.S.", that no substitution of the drug product prescribed may be made under sub. (1). If such indication is made, the pharmacist shall dispense the prescription with the specific drug product prescribed. No preprinted statement regarding drug product substitution may appear on the face of the prescription order.

AB100-ASA1, s. 2954 Section 2954. 452.12 (2) (title) of the statutes is repealed and recreated to read:

AB100-ASA1,1690,20 452.12 (2) (title) Business entities.

AB100-ASA1, s. 4319m Section 4319m. 453.02 (6m) of the statutes is amended to read:

AB100-ASA1,1690,25 453.02 (6m) "Prescription" means a written or, oral or electronic order from a veterinarian to a pharmacist or to another veterinarian that authorizes the pharmacist or other veterinarian to dispense a drug, or from a veterinarian to a client that authorizes the client to make extra-label use of a drug.

AB100-ASA1, s. 2955 Section 2955. 454.06 (1) (c) of the statutes is amended to read:

AB100-ASA1,1691,6 454.06 (1) (c) The applicant has graduated from high school or has attained high school graduation equivalency as determined by the department of education public instruction; is participating in a program approved by the examining board; or is at least 18 years old and meets the ability to benefit rule under 20 USC 1091 (d).

AB100-ASA1, s. 4320m Section 4320m. 454.08 (4) of the statutes is amended to read:

AB100-ASA1,1691,16 454.08 (4) The examining board shall, by rule, establish minimum standards concerning the maintenance, equipment, plans and specifications for licensed establishments as they relate to the public health and safety. The examining board may not license an establishment under this section unless it meets the standards established by the examining board. A person proposing to open an establishment in a new location shall apply to the examining board for an inspection and approval of the establishment, submitting an exact description and floor plan of the proposed location of the establishment on a form prescribed provided by the examining board department.

AB100-ASA1, s. 2956 Section 2956. 455.04 (4) (d) of the statutes is amended to read:

AB100-ASA1,1691,21 455.04 (4) (d) Submit written verification from the supervising psychologist or a school official or administrator that the applicant has successfully completed one year of experience or internship in school psychology under the supervision of a school psychologist licensed by the department of education public instruction.

AB100-ASA1, s. 2957 Section 2957. 455.04 (4) (e) of the statutes is amended to read:

AB100-ASA1,1691,24 455.04 (4) (e) Hold a regular license as a school psychologist issued by the department of education public instruction.

AB100-ASA1, s. 2958 Section 2958. 457.02 (2) of the statutes is amended to read:

AB100-ASA1,1692,4 457.02 (2) Require any individual who is licensed as a school social worker or school counselor by the department of education public instruction to be certified as a social worker or professional counselor under this chapter in order to use the title "school social worker" or "school counselor".

AB100-ASA1, s. 2959 Section 2959. 457.02 (4) of the statutes is amended to read:

AB100-ASA1,1692,9 457.02 (4) Authorize any individual who is certified as a social worker or professional counselor under this chapter to use the title "school social worker" or "school counselor" unless the individual is licensed as a school social worker or school counselor by the department of education public instruction.

AB100-ASA1, s. 2960 Section 2960. 459.22 (2) (f) of the statutes is amended to read:

AB100-ASA1,1692,14 459.22 (2) (f) Require an individual to be licensed under this subchapter to engage in the practice of speech-language pathology or audiology in a position for which the department of education public instruction requires licensure as a speech and language pathologist.

AB100-ASA1, s. 2961 Section 2961. 459.42 (2) (f) of the statutes is amended to read:

AB100-ASA1,1692,19 459.42 (2) (f) Require an individual to be registered under this subchapter to engage in the practice of speech-language pathology or audiology in a position for which the department of education public instruction requires licensure as a speech and language pathologist.

AB100-ASA1, s. 2962 Section 2962. 560.03 (19) of the statutes is amended to read:

AB100-ASA1,1692,23 560.03 (19) Establish a permit information and regulatory assistance bureau business development assistance center in the department to provide services as set forth in subch. III.

AB100-ASA1, s. 4337m Section 4337m. 560.03 (23) of the statutes is created to read:

AB100-ASA1,1693,4 560.03 (23) Review business plans of persons who intend to apply for a permit under s. 170.12 and who have not previously engaged in commercial log raising. If the department determines, after the review, that the business plan is viable, the department shall approve the plan.

AB100-ASA1, s. 4338c Section 4338c. 560.031 of the statutes is renumbered 560.031 (1) and amended to read:

AB100-ASA1,1693,17 560.031 (1) Recycling market development. In carrying out its responsibilities under ss. 560.03 and 560.07 the department may promulgate rules for the provision of financial assistance, from the appropriation under s. 20.143 (1) (L), for the development of markets for materials recovered from solid waste if the provision of that financial assistance is a responsibility assigned to the department in a memorandum of understanding, contract or other agreement with the recycling market development board. The rules may provide for the provision of financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist waste generators in the marketing of recovered materials or to develop markets for recovered materials. The financial assistance may be in the form of grants, loans or manufacturing rebates.

AB100-ASA1, s. 4338e Section 4338e. 560.031 (2) of the statutes is created to read:

AB100-ASA1,1693,24 560.031 (2) If the department determines that financial assistance is required to stimulate an activity that it determines is needed to assist responsible units, as defined in s. 287.01 (9), in the marketing of recovered materials or to develop markets for recovered materials, the department shall request proposals for that activity, unless the department determines that a request for proposals is not an effective means for distributing the financial assistance for that activity.

AB100-ASA1, s. 4338g Section 4338g. 560.031 (3) of the statutes is created to read:

AB100-ASA1,1694,4 560.031 (3) If the department awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the department may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the department.

AB100-ASA1, s. 4338i Section 4338i. 560.031 (4) of the statutes is created to read:

AB100-ASA1,1694,7 560.031 (4) (a) The department shall credit any funds received under this subsection to the appropriation under s. 20.143 (1) (L).

AB100-ASA1,1694,9 (b) The department shall credit to the appropriation under s. 20.143 (1) (L) any funds received under s. 287.46, 1995 stats.

AB100-ASA1, s. 2963 Section 2963. 560.032 (1) of the statutes is amended to read:

AB100-ASA1,1694,19 560.032 (1) (title) Annual allocation Allocation. Annually no later than October 31, the The department, by rule, shall establish under 26 USC 146 and administer a system for the allocation of the volume cap on the issuance of private activity bonds, as defined under 26 USC 141 (a), for the next year, among all municipalities, as defined in s. 67.01 (5), and any corporation formed on behalf of those municipalities, and among this state, the Wisconsin health Health and educational facilities authority Educational Facilities Authority and the Wisconsin housing Housing and economic development authority Economic Development Authority.

AB100-ASA1, s. 4339c Section 4339c. 560.033 of the statutes is created to read:

AB100-ASA1,1694,22 560.033 Minority nonprofit organization grant. (1) Definitions. In this section:

AB100-ASA1,1694,24 (a) "Business incubator" means a facility designed to encourage the growth of new businesses, if at least 2 of the following apply:

AB100-ASA1,1695,2 1. Space in the facility is rented at a rate lower than the market rate in the community.

AB100-ASA1,1695,3 2. Shared business services are provided in the facility.

AB100-ASA1,1695,5 3. Management training and management and technical assistance are available at the facility.

AB100-ASA1,1695,7 4. Businesses using the facility may obtain financial capital through a direct relationship with at least one financial institution.

AB100-ASA1,1695,8 (b) "Minority business" has the meaning given in s. 560.036 (1) (e).

AB100-ASA1,1695,9 (c) "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB100-ASA1,1695,12 (d) "Nonprofit organization" means an organization that is not a corporation and that is exempt from taxation under section 501 (c) (3) of the Internal Revenue Code.

AB100-ASA1,1695,15 (2) Grant. The department may make a grant of not more than $100,000 from the appropriation under s. 20.143 (1) (fm) to a nonprofit organization, if all of the following apply:

AB100-ASA1,1695,16 (a) The nonprofit organization owns and operates a business incubator.

AB100-ASA1,1695,18 (b) The business incubator provides services primarily to minority group members or minority businesses.

AB100-ASA1,1695,20 (c) The nonprofit organization submits a plan to the department detailing the project and the proposed use of the grant.

AB100-ASA1,1695,24 (d) If the grant is part of a project that is also funded by contributions from other sources, the nonprofit organization provides the department with the amount of those contributions or pledges for contributions that the nonprofit organization received before the grant is made.