Amendment ASA1-AB75

AB75-ASA1,1539,15 (b) A chiropractic radiological technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 12 continuing educational credit hours in programs established by rules promulgated by the examining board.

AB75-ASA1, s. 2995iLm Section 2995iLm. 446.026 of the statutes is created to read:

AB75-ASA1,1539,20 446.026 Regulation of chiropractic technicians. (1) (a) No person may provide adjunctive services unless the person is a chiropractic technician and is under the direct, on-premises supervision of a chiropractor licensed under this chapter.

AB75-ASA1,1540,2 (b) Except as provided in s. 446.025 (1) (b), no person may designate himself or herself as a "chiropractic technician" or "chiropractor technician," use or assume the title "chiropractic technician" or "chiropractor technician" or any title that includes "chiropractic technician" or "chiropractor technician," append to the person's name the letters "C.T.," or use any other title or designation that represents or implies that he or she is a chiropractic technician unless the person is certified by the examining board under this section.

AB75-ASA1,1540,4 (2) (a) The examining board shall certify as a chiropractic technician an individual who does all of the following:

AB75-ASA1,1540,6 1. Submits an application to the department on a form provided by the department.

AB75-ASA1,1540,7 2. Pays the fee specified in s. 440.05 (1).

AB75-ASA1,1540,9 3. Submits evidence satisfactory to the examining board that the individual has completed a course of study approved by the examining board.

AB75-ASA1,1540,12 4. Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the examining board that the individual does not have an arrest or conviction record.

AB75-ASA1,1540,14 5. Completes any other requirements established by the examining board by rule.

AB75-ASA1,1540,16 (b) The department shall assign a unique certificate number to each individual certified under this section.

AB75-ASA1,1540,18 (3) (a) The renewal date and fees for a certificate issued under this section are specified in s. 440.08 (2) (a).

AB75-ASA1,1540,22 (b) A chiropractic technician shall, at the time that he or she applies for renewal of a certificate under par. (a), submit evidence satisfactory to the examining board that he or she has completed at least 6 continuing educational credit hours in programs established by rules promulgated by the examining board.

AB75-ASA1, s. 2995im Section 2995im. 446.028 of the statutes is created to read:

AB75-ASA1,1541,8 446.028 Continuing education approval; program sponsors. Each program sponsor of a continuing education program required to be completed by a chiropractor as a condition of license renewal shall submit the program to the examining board for approval. In this section, "program sponsor" means the Wisconsin Chiropractic Association, the International Chiropractors Association, a college of chiropractic approved by the examining board, and a college of medicine or osteopathy accredited by an accrediting body listed as nationally recognized by the secretary of the federal department of education. "Program sponsor" does not include an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide instruction in the use of an automated external defibrillator.

AB75-ASA1, s. 2995imm Section 2995imm. 446.03 of the statutes is amended to read:

AB75-ASA1,1541,14 446.03 Reprimand; license revocation, limitation, or suspension of a license or certificate. The examining board, by order, may reprimand a licensee, certificate holder, or registrant and may deny, limit, suspend or revoke any license, certificate, or certificate of registration if the licensee, certificate holder, or registrant does any of the following:

AB75-ASA1,1541,16 (1) Obtained Obtains the license, certificate, or certificate of registration through error or fraud;.

AB75-ASA1,1541,17 (2) Is addicted to alcohol or other drugs; .

AB75-ASA1,1541,22 (3) Is hereafter convicted in a court of competent jurisdiction, either within or without this state, or in federal court, of any violation of any law governing the practice of chiropractic or of any felony, subject to ss. 111.321, 111.322 and 111.335, a certified copy of the record of conviction to be conclusive evidence of such conviction;.

AB75-ASA1,1541,24 (4) Has obtained or sought to obtain anything of value by fraudulent representation in the practice of chiropractic;.

AB75-ASA1,1541,25 (5) Is guilty of unprofessional conduct; .

AB75-ASA1,1542,2 (6) Has continued practice, knowingly having an infectious or contagious disease; or.

AB75-ASA1,1542,5 (7) If the applicant or registrant maintains Maintains a professional connection or association with any other person continuing to violate this chapter after 10 days' notice in writing by the department.

AB75-ASA1, s. 2995in Section 2995in. 446.04 (intro.), (1), (2), (4) and (5) (intro.) and (a) of the statutes are amended to read:

AB75-ASA1,1542,9 446.04 Unprofessional conduct. (intro.) Unprofessional conduct includes, without limitation because of enumeration, all of the following:

AB75-ASA1,1542,10 (1) Any conduct of a character likely to deceive or defraud the public;.

AB75-ASA1,1542,11 (2) Loaning of a chiropractic license or certificate to anyone;.

AB75-ASA1,1542,13 (4) Splitting or dividing any fee for chiropractic service with any person except an associate licensed chiropractor;.

AB75-ASA1,1542,15 (5) (intro.) Use of unprofessional advertising which shall include includes, without limitation because of enumeration, all of the following:

AB75-ASA1,1542,17 (a) Any advertising statement of a character tending to deceive or mislead the public;.

AB75-ASA1, s. 2995inm Section 2995inm. 446.04 (6) of the statutes is created to read:

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.