Amendment SA1-SB751

LRBa2317/1

MED:wlj

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 751

February 23, 2018 - Offered by Senator Kapenga.

SB751-SA1,1,1 At the locations indicated, amend the bill as follows:

SB751-SA1,1,3 1. Page 1, line 9: after “boards" insert “and local regulation of tattooing and body piercing.".

SB751-SA1,1,4 2. Page 5, line 5: delete “underground" and substitute “underground".

SB751-SA1,1,5 3. Page 5, line 25: after that line insert:

SB751-SA1,1,6 “ Section 17m. 440.08 (2) (a) 58m. of the statutes is amended to read:

SB751-SA1,1,8 440.08 (2) (a) 58m. Physician who possesses the degree of doctor of osteopathy: March November 1 of each even-numbered odd-numbered year.”.

SB751-SA1,1,9 4. Page 9, line 5: after that line insert:

SB751-SA1,1,10 “ Section 30c. 463.10 (5) of the statutes is amended to read:

SB751-SA1,1,13 463.10 (5) Exception. This section does Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a physician who tattoos or offers to tattoo a person in the course of the dentist's or physician's professional practice.

SB751-SA1,30g Section 30g. 463.10 (6) of the statutes is created to read:

SB751-SA1,2,3 463.10 (6) Local regulation. No city, village, town, or county may enact or enforce an ordinance that does any of the following:

SB751-SA1,2,5 (a) Regulates tattoo establishments or the practice of tattooing, except as permitted under s. 463.16 (6).

SB751-SA1,2,8 (b) Requires local licenses, other than licenses issued by local health departments designated as the department's agent under s. 463.16, for tattoo establishments or for the practice of tattooing.

SB751-SA1,30n Section 30n. 463.12 (5) of the statutes is amended to read:

SB751-SA1,2,13 463.12 (5) Exception. This section does Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a physician who pierces the body of or offers to pierce the body of a person in the course of the dentist's or physician's professional practice.

SB751-SA1,30r Section 30r. 463.12 (6) of the statutes is created to read:

SB751-SA1,2,16 463.12 (6) Local regulation. No city, village, town, or county may enact or enforce an ordinance that does any of the following:

SB751-SA1,2,18 (a) Regulates body-piercing establishments or the practice of body piercing, except as permitted under s. 463.16 (6).

SB751-SA1,2,21 (b) Requires local licenses, other than licenses issued by local health departments designated as the department's agent under s. 463.16, for body-piercing establishments or for the practice of body piercing.

SB751-SA1,30w Section 30w. 463.16 (1) of the statutes is amended to read:

SB751-SA1,3,14 463.16 (1) In the administration and enforcement of ss. 463.10 and 463.12, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which that designates the local health department as the department's agent in issuing licenses to and making investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. In a jurisdictional area of a local health department without agent status, the department of safety and professional services may issue licenses, collect license fees established under s. 440.03 (9), and make investigations or inspections of tattooists and tattoo establishments and body piercers and body-piercing establishments. If the department of safety and professional services designates a local health department as its agent, the department of safety and professional services or local health department may require no license for the same operations other than the license issued by the local health department under this subsection. If the designation is made and the services are furnished, the department of safety and professional services shall reimburse the local health department furnishing the service at the rate of 80 percent of the net license fee per license per year issued in the jurisdictional area.

SB751-SA1,30x Section 30x. 463.16 (6) of the statutes is amended to read:

SB751-SA1,3,25 463.16 (6) A village, If a local health department is designated as the department's agent under this section, a city, village, town, or county may enact or enforce ordinances and a local board of health may adopt regulations regarding the licensees and premises for which the local health department is the designated agent under this section, which that are stricter than s. 463.10 or 463.12 or rules promulgated by the department of health services department of safety and professional services under s. 463.10 or 463.12. No, but no such provision may conflict with s. 463.10 or 463.12 or with department rules. A county ordinance enacted as provided in this subsection applies only in towns within that county that have not enacted an ordinance as provided in this subsection.”.

SB751-SA1,4,1 5. Page 9, line 14: after that line insert:

SB751-SA1,4,2 “ Section 31m. Nonstatutory provisions.

SB751-SA1,4,8 (1m) Notwithstanding sections 440.03 (9) (a), 440.08 (2), and 448.07 (2) of the statutes, the fee for a renewal of a license to practice medicine and surgery by a physician who possesses the degree of doctor of osteopathy shall be prorated by the department of safety and professional services for the November 1, 2019, renewal date to account for the treatment of section 440.08 (2) (a) 58m. of the statutes by this act.

SB751-SA1,32m Section 32m. Effective dates. This act takes effect on the day after publication, except as follows:

SB751-SA1,4,13 (1m) The treatment of section 440.08 (2) (a) 58m. of the statutes and Section 31m (1m) of this act take effect on March 1, 2018, or on the day after publication, whichever is later.”.

SB751-SA1,4,14 (End)