Amendment ASA1-AB75

AB75-ASA1,1542,24 446.04 (6) Sexual behavior, including noncontact sexual behavior, with or in the presence of a patient, including sexual contact under s. 939.22 (34), indecent exposure of genitals or pubic area, sexual gratification, sexually offensive communication, or dating a patient under treatment. The examining board shall establish by rule definitions for contact sexual behavior and noncontact sexual behavior.

AB75-ASA1, s. 2995io Section 2995io. 446.05 (1m) of the statutes is created to read:

AB75-ASA1,1543,5 446.05 (1m) (a) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic radiological technician who, it has reason to believe, violated s. 446.025 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

AB75-ASA1,1543,10 (b) Subject to the rules promulgated under s. 440.03 (1), the examining board may make investigations and conduct hearings in regard to the conduct of any chiropractic technician who, it has reason to believe, violated s. 446.026 or 446.03. The person complained against may proceed to review any action of the examining board under ch. 227.

AB75-ASA1, s. 2995iom Section 2995iom. 446.05 (2) of the statutes is amended to read:

AB75-ASA1,1543,16 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license, certificate, or registration suspended or revoked by it. This subsection does not apply to a license, certificate, or registration that is suspended under s. 440.13 (2) (c) or that is revoked under s. 440.12 or 446.07 (2) (a) 2. or (b) 3.

AB75-ASA1, s. 2995ip Section 2995ip. 446.07 (title) of the statutes is repealed and recreated to read:

AB75-ASA1,1543,18 446.07 (title) Penalties.

AB75-ASA1, s. 2995ipm Section 2995ipm. 446.07 of the statutes is renumbered 446.07 (1).

AB75-ASA1, s. 2995ir Section 2995ir. 446.07 (2) of the statutes is created to read:

AB75-ASA1,1543,24 446.07 (2) (a) Any licensee or holder of a certificate issued under this chapter who is investigated under s. 446.05 (1) and found guilty of contact sexual behavior, as defined by the examining board under s. 446.04 (6) and prohibited under ss. 446.03 (5) and 446.04 (6), shall be subject to the following penalties:

AB75-ASA1,1544,5 1. For the first violation, the examining board shall suspend the individual's license or certificate for a period of 12 months. A chiropractor whose license is suspended under this subdivision shall be prohibited from entering onto the premises of his or her practice and may not hire any person to oversee the chiropractor's practice during the chiropractor's suspension.

AB75-ASA1,1544,7 2. For the 2nd violation, the examining board shall permanently revoke the individual's license or certificate.

AB75-ASA1,1544,11 (b) Any licensee or holder of a certificate issued under this chapter who is investigated under s. 446.05 (1) and found guilty of noncontact sexual behavior, as defined by the examining board under s. 446.04 (6) and prohibited under ss. 446.03 (5) and 446.04 (6), shall be subject to the following penalties:

AB75-ASA1,1544,15 1. For the first violation, the examining board shall suspend the individual's license or certificate for a period of 3 months. The examining board shall require the individual to complete continuing education on the topic of effective and appropriate interaction between chiropractors and their patients.

AB75-ASA1,1544,20 2. For the 2nd violation, the examining board shall suspend the individual's license or certificate for a period of 12 months. A chiropractor whose license is suspended under this subdivision shall be prohibited from entering onto the premises of his or her practice and may not hire any person to oversee the chiropractor's practice during the chiropractor's suspension.

AB75-ASA1,1544,22 3. For the 3rd violation, the examining board shall permanently revoke the individual's license or certificate.

AB75-ASA1, s. 2995j Section 2995j. 447.05 of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1545,16 447.05 Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a). The examining board may not renew a license to practice dentistry unless the applicant for renewal attests that he or she has current proficiency in cardiopulmonary resuscitation, including the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. The examining board may not renew a license to practice dental hygiene unless the applicant for renewal attests that he or she has complied with s. 447.055 and any rules promulgated by the department under s. 447.055, that he or she has a current certification in cardiopulmonary resuscitation, and that he or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction.

AB75-ASA1, s. 2995jg Section 2995jg. 448.07 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1545,21 448.07 (2) Fees. The fees for examination and licenses granted or renewed under this subchapter are specified in s. ss. 440.05 and 440.08, and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).

AB75-ASA1, s. 2995jr Section 2995jr. 448.55 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1546,5 448.55 (2) The renewal dates for licenses granted under this subchapter, other than temporary licenses granted under rules promulgated under s. 448.53 (2), are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) specified in s. 440.08 (2) (a) and proof of compliance with the requirements established in any rules promulgated under sub. (3).

AB75-ASA1, s. 2995k Section 2995k. 448.65 (2) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1546,9 448.65 (2) (a) The renewal fee determined by the department under 440.03 (9) (a) specified in s. 440.08 (2) (a).

AB75-ASA1, s. 2995kg Section 2995kg. 448.86 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1546,16 448.86 (2) The renewal dates for certificates granted under this subchapter, other than temporary certificates granted under s. 448.80, are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) specified in s. 440.08 (2) (a).

AB75-ASA1, s. 2995kr Section 2995kr. 448.955 (2) (intro.) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1546,23 448.955 (2) (intro.) Renewal applications shall be submitted to the department on a form provided, subject to sub. (3), by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) specified in s. 440.08 (2) (a) and evidence satisfactory to the affiliated credentialing board that the licensee has all of the following:

AB75-ASA1, s. 2995L Section 2995L. 448.967 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1547,6 448.967 (2) The renewal dates for licenses granted under this subchapter are specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) specified in s. 440.08 (2) (a) and a statement attesting compliance with the continuing education requirements established in rules promulgated under s. 448.965 (1) (b).

AB75-ASA1, s. 2995Lg Section 2995Lg. 449.06 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1547,13 449.06 (1) Persons practicing optometry shall, on or before the applicable renewal date specified under s. 440.08 (2) (a), register with the department, pay the applicable renewal fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a), and provide evidence satisfactory to the examining board that he or she has complied with the rules promulgated under sub. (2m).

AB75-ASA1, s. 2995Lr Section 2995Lr. 450.06 (2) (c) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1547,17 450.06 (2) (c) The initial credential fee determined by the department under s. 440.03 (9) (a) under s. 440.05 (1) is paid.

AB75-ASA1, s. 2995m Section 2995m. 450.065 (2) (d) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1547,21 450.065 (2) (d) Pays the initial credential fee determined by the department under s. 440.03 (9) (a) under s. 440.05 (1).

AB75-ASA1, s. 2995mg Section 2995mg. 450.07 (1) of the statutes is amended to read:

AB75-ASA1,1548,2 450.07 (1) No person may engage in manufacturing in this state unless the person obtains a manufacturer's license from the board. For the issuance of a license under this subsection, the applicant shall pay the initial credential fee determined by the department under s. 440.03 (9) (a) specified in s. 440.05 (1).

AB75-ASA1, s. 2995mr Section 2995mr. 450.08 (2) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1548,11 450.08 (2) (a) A pharmacist's license may be renewed by complying with continuing education requirements under s. 450.085 and paying the applicable fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a). Failure to obtain renewal within the time period specified under this paragraph terminates the right of the person to be licensed as a pharmacist, and such right can only be acquired by passing an examination to the satisfaction of the board.

AB75-ASA1, s. 2995n Section 2995n. 450.08 (2) (b) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1548,17 450.08 (2) (b) A pharmacy, manufacturer's or distributor's license may be renewed by paying the applicable fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).

AB75-ASA1, s. 2995nd Section 2995nd. 450.095 of the statutes is created to read:

AB75-ASA1,1548,19 450.095 Duty to dispense contraceptives. (1) In this section:

AB75-ASA1,1548,22 (a) "Contraceptive drug or device" means any drug or device approved by the federal food and drug administration that is used to prevent pregnancy, including a contraceptive drug or device restricted to distribution by a pharmacy.

AB75-ASA1,1548,25 (b) "Without delay" means within the usual and customary time frame reasonably expected at a pharmacy for dispensing or distributing a prescription that is not a contraceptive drug or device.

AB75-ASA1,1549,3 (2) Unless one or more of the following applies, a pharmacy shall dispense lawfully prescribed contraceptive drugs and devices and shall deliver contraceptive drugs and devices restricted to distribution by a pharmacy to a patient without delay:

AB75-ASA1,1549,5 1. The prescription contains an obvious or known error or contains inadequate instructions.

AB75-ASA1,1549,8 2. The prescription is contraindicated for the patient, is incompatible with another drug or device prescribed for the patient, or is prohibited by state or federal law.

AB75-ASA1,1549,9 3. The prescription is potentially fraudulent.

AB75-ASA1,1549,11 (3) Any person who violates this section may be required to forfeit not less than $250 nor more than $2,500 for each violation.

AB75-ASA1,1549,13 (4) Nothing in this section may be construed to abrogate a pharmacist's legal and ethical obligations to comply with the laws of this state.

AB75-ASA1, s. 2995ng Section 2995ng. 451.04 (4) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1549,20 451.04 (4) Expiration and renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a).

AB75-ASA1, s. 2995nr Section 2995nr. 452.025 (1) (c) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1550,2 452.025 (1) (c) Each application for registration as a time-share salesperson shall be accompanied by an initial credential fee determined by the department under s. 440.03 (9) (a) specified in s. 440.05 (1) or the applicable renewal fee determined by the department under s. 440.03 (9) (a) specified in s. 440.08 (2) (a), whichever is appropriate.

AB75-ASA1, s. 2995o Section 2995o. 452.025 (5) (b) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1550,8 452.025 (5) (b) An application to renew a certificate of registration granted under this section shall be submitted with the applicable renewal fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).

AB75-ASA1, s. 2995od Section 2995od. 452.07 (3) of the statutes is amended to read:

AB75-ASA1,1550,12 452.07 (3) When promulgating emergency rules under s. 227.24, the department shall provide a copy of the rules to the board prior to publication of the rules in the official state newspaper on the legislative reference bureau's Web site.

AB75-ASA1, s. 2995og Section 2995og. 452.10 (3) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1550,17 452.10 (3) The fees for examinations and licenses granted or renewed under this chapter are specified under s. ss. 440.05 and 440.08, and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).

AB75-ASA1, s. 2995or Section 2995or. 452.12 (2) (c) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1550,25 452.12 (2) (c) Application for a business entity license shall be made on forms prescribed by the department, listing the names and addresses of all business representatives, and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a) specified in s. 440.05 (1). If there is a change in any of the business representatives, the change shall be reported to the department, on the same form, within 30 days after the effective date of the change.

AB75-ASA1, s. 2995p Section 2995p. 452.12 (5) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1551,6 452.12 (5) (a) Renewal applications for all licenses shall be submitted with the applicable renewal fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).

AB75-ASA1, s. 2995pg Section 2995pg. 452.12 (6) (e) 1. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1551,14 452.12 (6) (e) 1. If a person has registered as an inactive licensee before November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the fee fees specified under s. 440.05 (1) (a) and (b), passes an examination under s. 452.09 (3) and completes the education requirements established by the department under par. (f).

AB75-ASA1, s. 2995pr Section 2995pr. 452.12 (6) (e) 2. of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1552,2 452.12 (6) (e) 2. If a person has registered as an inactive licensee on or after November 1, 1990, the department shall reinstate the person's original license if that person applies to the department for reinstatement of his or her original license, pays the renewal fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a) for the original license and completes 12 hours of continuing education as established by the department under par. (f). A person who is eligible for reinstatement of his or her original license under this subdivision shall complete the requirements for reinstatement under this subdivision before January 1, 1996, or within 5 years after the date on which the person registered as an inactive licensee, whichever is later.

AB75-ASA1, s. 2995q Section 2995q. 453.062 (1) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1552,8 453.062 (1) Renewal. The renewal dates and renewal fees for veterinary licenses and veterinary technician certifications are specified under s. 440.08 (2) (a), and the renewal fees for such licenses and certifications are determined by the department under s. 440.03 (9) (a).

AB75-ASA1, s. 2995qg Section 2995qg. 454.06 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1552,13 454.06 (1) (a) The applicant pays the initial credential fee determined by the department under s. 440.03 (9) (a) specified in s. 440.05 (1), except as provided in s. 454.13 (1).

AB75-ASA1, s. 2995qr Section 2995qr. 454.06 (8) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1552,19 454.06 (8) Expiration and renewal. The renewal date and renewal fee for licenses issued under subs. (2) to (6) is are specified under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a).

AB75-ASA1, s. 2995r Section 2995r. 454.08 (3) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1553,2 454.08 (3) The examining board shall issue an establishment license to any person who pays the initial credential fee determined by the department under s. 440.03 (9) (a) specified in s. 440.05 (1) and who satisfies the requirements established by the examining board by rule, including proof of ownership of the business. Any change of ownership shall be reported to the examining board by the new owner within 5 days after the change of ownership.

AB75-ASA1, s. 2995rg Section 2995rg. 454.08 (9) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1553,7 454.08 (9) The renewal date and renewal fee for licenses issued under this section is are specified under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).

AB75-ASA1, s. 2995rr Section 2995rr. 455.06 of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1553,15 455.06 Renewals. The renewal date and renewal fee for licenses issued under s. 455.04 (1) and (4) is are specified under s. 440.08 (2) (a), and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a). An applicant for renewal of a license shall include with his or her application proof of completion of continuing education programs or courses approved under s. 455.065 (4) for the minimum number of hours required in the rules promulgated under s. 455.065 (1).

AB75-ASA1, s. 2995s Section 2995s. 455.07 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1553,19 455.07 (2) The fee for renewal of a license under this chapter is determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a).

AB75-ASA1, s. 2995sg Section 2995sg. 456.07 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,1554,5 456.07 (2) The application for a new certificate of registration shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a) specified under s. 440.08 (2) (a) and evidence satisfactory to the examining board that during the biennial period immediately preceding application for registration the applicant has attended a continuation education program or course of study. During the time between initial licensure and commencement of a full 2-year licensure period new licensees shall not be required to meet continuing education requirements. All registration fees are payable on or before the applicable renewal date specified under s. 440.08 (2) (a).

AB75-ASA1, s. 2995sm Section 2995sm. 457.04 (8) of the statutes is created to read:

AB75-ASA1,1554,10 457.04 (8) Practice clinical social work, marriage and family therapy, or professional counseling without notifying his or her client in writing of the procedure to follow to resolve a grievance. The notice required under this subsection shall provide one of the following options for resolving a grievance to the client: