SB77: Bill Text

SB77,1685,14 (3) Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding:

SB77,1685,18 (a) With respect to a credential granted by the department, the department shall restrict, limit or suspend a credential or deny an application for an initial credential or for reinstatement of an inactive license under s. 452.12 (6) (e) if the credential holder or applicant is delinquent in paying support.

SB77,1685,20 (b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support.

SB77,1685,24 (c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department.

SB77,1686,8 (4) Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department or a credentialing board shall deny an application for an initial credential, credential renewal or reinstatement of a license under s. 452.12 (6) (e) or revoke a credential if the department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes or if the department of regulation and licensing notifies the applicable credentialing board under sub. (2) that the applicant or credential holder has been certified by the department of revenue as liable for delinquent taxes.

SB77, s. 4292 Section 4292. 440.26 (2) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 461, is renumbered 440.26 (2) (b).

SB77, s. 4293 Section 4293. 440.26 (2) (b) 2. of the statutes, as created by 1995 Wisconsin Act 461, is repealed.

SB77, s. 4294 Section 4294. 440.26 (3) of the statutes, as affected by 1995 Wisconsin Act 461, is amended to read:

SB77,1687,3 440.26 (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.

SB77, s. 4295 Section 4295. 440.26 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 461, is amended to read:

SB77,1687,11 440.26 (5) (b) The license requirements of this section do not apply to any person employed directly or indirectly by the state or by a municipality local governmental unit, as defined in s. 345.05 (1) (c) (bg), or to any employe of a railroad company under s. 192.47, or to any employe of a commercial establishment, while the person is acting within the scope of his or her employment and whether or not he or she is on the employer's premises.

SB77, s. 4296 Section 4296. 440.26 (5m) (a) 1. of the statutes, as created by 1995 Wisconsin Act 461, is amended to read:

SB77,1687,21 440.26 (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.

SB77, s. 4297 Section 4297. 440.26 (5m) (a) 4. of the statutes, as created by 1995 Wisconsin Act 461, is amended to read:

SB77,1688,2 440.26 (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.

SB77, s. 4298 Section 4298. 440.43 (5) of the statutes is amended to read:

SB77,1688,7 440.43 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes or, if requested under s. 49.22 (2m), to the department of industry, labor and job development.

SB77, s. 4299 Section 4299. 440.44 (10) of the statutes is amended to read:

SB77,1688,12 440.44 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person except to the extent necessary for investigative or law enforcement purposes or, if requested under s. 49.22 (2m), to the department of industry, labor and job development.

SB77, s. 4300 Section 4300. 440.92 (6) (d) of the statutes is amended to read:

SB77,1688,17 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information requested by the department of industry, labor and job development under s. 49.22 (2m).

SB77, s. 4301 Section 4301. 440.93 (2) of the statutes is amended to read:

SB77,1688,21 440.93 (2) The department shall determine in each case the period that a limitation, suspension or revocation of a certificate is effective. This subsection does not apply to a limitation, suspension or revocation under s. 440.12 (3) (a) or (4).

SB77, s. 4302 Section 4302. 441.07 (2) of the statutes is amended to read:

SB77,1688,25 441.07 (2) The board may reinstate a revoked license, no earlier than one year following revocation, upon receipt of an application for reinstatement. This subsection does not apply to a license that is revoked under s. 440.12 (4).

SB77, s. 4303 Section 4303. 442.12 (7) of the statutes is amended to read:

SB77,1689,6 442.12 (7) Upon application in writing and after hearing pursuant to notice, issue a new license to a licensee whose license has been revoked, reinstate a revoked certificate or modify the suspension of any license or certificate which has been suspended. This subsection does not apply to a license or certificate that is suspended or revoked under s. 440.12 (3) (c) or (4).

SB77, s. 4304 Section 4304. 443.06 (1) (a) of the statutes is amended to read:

SB77,1689,16 443.06 (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).

SB77, s. 4305 Section 4305. 443.10 (2) (a) of the statutes is amended to read:

SB77,1689,25 443.10 (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.

SB77, s. 4306 Section 4306. 443.11 (6) of the statutes is amended to read:

SB77,1690,11 443.11 (6) The examining board, for reasons the interested section considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any corporation, whose certificate has been revoked, providing 3 members of the architect section, 3 members of the landscape architect section, 3 members of the geologist section or 3 members of the engineer section of the examining board vote in favor of such reissuance. A new certificate of registration, certificate of record or certificate of authorization, to replace any certificate revoked, lost, destroyed or mutilated may be issued, subject to the rules of the examining board and the payment of the required fee. This subsection does not apply to a certificate that is revoked under s. 440.12 (4).

SB77, s. 4307 Section 4307. 443.12 (4) of the statutes is amended to read:

SB77,1690,16 443.12 (4) The section, for reasons it deems sufficient, may reinstate a certificate of registration that has been revoked, if 3 members vote in favor of such reinstatement. This subsection does not apply to a certificate of registration that is revoked under s. 440.12 (4).

SB77, s. 4308 Section 4308. 445.08 (4) (a) of the statutes is renumbered 445.08 (4) and amended to read:

SB77,1690,25 445.08 (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.

SB77, s. 4309 Section 4309. 445.13 (2) of the statutes, as affected by 1995 Wisconsin Act 295, is amended to read:

SB77,1691,7 445.13 (2) No reprimand or order limiting, suspending or revoking a license, certificate of registration or permit, or no assessment of forfeiture, shall be made until after a hearing conducted by the examining board. This subsection does not apply to a license, certificate of registration or permit that is limited, suspended or revoked under s. 440.12 (3) (c) or (4).

SB77, s. 4310 Section 4310. 446.05 (2) of the statutes is amended to read:

SB77,1691,12 446.05 (2) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration suspended or revoked by it. This subsection does not apply to a license or registration that is suspended or revoked under s. 440.12 (3) (c) or (4).

SB77, s. 4311 Section 4311. 447.07 (5) of the statutes is amended to read:

SB77,1691,17 447.07 (5) The examining board may reinstate a license that has been voluntarily surrendered or revoked on terms and conditions that it considers appropriate. This subsection does not apply to a license that is revoked under s. 440.12 (4).

SB77, s. 4312 Section 4312. 448.02 (3) (e) of the statutes is amended to read:

SB77,1692,2 448.02 (3) (e) A person whose license, certificate or limited permit is limited under this subchapter shall be permitted to continue practice upon condition that the person will refrain from engaging in unprofessional conduct; that the person will appear before the board or its officers or agents at such times and places as may be designated by the board from time to time; that the person will fully disclose to the board or its officers or agents the nature of the person's practice and conduct; that the person will fully comply with the limits placed on his or her practice and conduct by the board; that the person will obtain additional training, education or supervision required by the board; and that the person will cooperate with the board.

SB77, s. 4313 Section 4313. 448.05 (7) of the statutes is amended to read:

SB77,1692,11 448.05 (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.

SB77, s. 4314 Section 4314. 448.56 (1) of the statutes is amended to read:

SB77,1692,25 448.56 (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.

SB77, s. 4315 Section 4315. 449.07 (3) of the statutes is amended to read:

SB77,1693,5 449.07 (3) Upon application and satisfactory proof that the cause of such revocation or suspension no longer exists, the examining board may reinstate any license or registration by it suspended or revoked. This subsection does not apply to a license or registration that is suspended or revoked under s. 440.12 (3) (c) or (4).

SB77, s. 4316 Section 4316. 450.10 (3) (a) 11. of the statutes is amended to read:

SB77,1693,9 450.10 (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.

SB77, s. 4317 Section 4317. 452.12 (2) (title) of the statutes is repealed and recreated to read:

SB77,1693,12 452.12 (2) (title) Business entities.

SB77, s. 4318 Section 4318. 452.12 (6) (e) (intro.) of the statutes is amended to read:

SB77,1693,16 452.12 (6) (e) (intro.) Beginning on January 1, 1996 Except as provided in ss. 440.03 (11m) (b) and 440.12 (3) (a) or (4), the department shall reinstate an inactive licensee's original license as follows:

SB77, s. 4319 Section 4319. 452.18 of the statutes is amended to read:

SB77,1693,20 452.18 Court review. Orders Except as provided in s. 73.0301 (2) (b) 1. a. and 2., orders of the board and department shall be subject to review as provided in ch. 227.

SB77, s. 4320 Section 4320. 454.06 (1) (c) of the statutes is amended to read:

SB77,1694,2 454.06 (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).

SB77, s. 4321 Section 4321. 454.08 (4) of the statutes is amended to read:

SB77,1694,12 454.08 (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.

SB77, s. 4322 Section 4322. 455.04 (4) (d) of the statutes is amended to read:

SB77,1694,17 455.04 (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.

SB77, s. 4323 Section 4323. 455.04 (4) (e) of the statutes is amended to read:

SB77,1694,20 455.04 (4) (e) Hold a regular license as a school psychologist issued by the department of education public instruction.

SB77, s. 4324 Section 4324. 455.09 (3) of the statutes is amended to read:

SB77,1695,2 455.09 (3) A revoked license may not be renewed. One year from the date of revocation of a license under this chapter, application may be made for reinstatement. The examining board may accept or reject an application for reinstatement. If reinstatement is granted under this subsection, the licensee shall pay a reinstatement fee in an amount equal to the renewal fee. This subsection does not apply to a license that is revoked under s. 440.12 (4).

SB77, s. 4325 Section 4325. 456.11 (1) and (2) of the statutes are amended to read:

SB77,1695,6 456.11 (1) The examining board may reinstate a license or registration to any person whose license or registration has been revoked. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4).

SB77,1695,10 (2) Application for the reinstatement of a license or registration shall not be made prior to one year after revocation and shall be made in such manner as the examining board directs. This subsection does not apply to a license or registration that is revoked under s. 440.12 (4).

SB77, s. 4326 Section 4326. 457.02 (2) of the statutes is amended to read:

SB77,1695,15 457.02 (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".

SB77, s. 4327 Section 4327. 457.02 (4) of the statutes is amended to read:

SB77,1695,20 457.02 (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.

SB77, s. 4328 Section 4328. 459.10 (2) (a) (intro.) of the statutes is amended to read:

SB77,1695,24 459.10 (2) (a) (intro.) An individual whose license or trainee permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

SB77, s. 4329 Section 4329. 459.22 (2) (f) of the statutes is amended to read:

SB77,1696,4 459.22 (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.

SB77, s. 4330 Section 4330. 459.34 (2m) (a) (intro.) of the statutes is amended to read:

SB77,1696,8 459.34 (2m) (a) (intro.) An individual whose license or limited permit is limited by the examining board under this subchapter may continue to practice under the license or permit if the individual does all of the following:

SB77, s. 4331 Section 4331. 459.42 (2) (f) of the statutes is amended to read:

SB77,1696,13 459.42 (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.

SB77, s. 4332 Section 4332. 480.24 (3) (intro.) of the statutes is amended to read:

SB77,1696,18 480.24 (3) (intro.) The board may, as a condition of removing a limitation imposed under this chapter on a certificate issued under this chapter or of reinstating a certificate that has been suspended or revoked under this chapter, do any of the following:

SB77, s. 4333 Section 4333. 551.32 (1) (bm) of the statutes is created to read:

SB77,1696,21 551.32 (1) (bm) 1. In addition to information required under par. (b), an application under par. (a) shall contain the following:

SB77,1696,22 a. In the case of an individual, the individual's social security number.