SB389: Bill Text

LRB-4460/1

MDK:wlj:jf

1999 - 2000 LEGISLATURE

1999 Senate BILL 389

February 16, 2000 - Introduced by Law Revision Committee. Referred to Economic Development, Housing and Government Operations.

SB389,3,3 An Act to repeal 15.405 (6m) (c) 1., 15.405 (6m) (d) 1., 15.407 (4) (a) 1., 15.407 (4) (b) 1., 440.04 (8), 440.08 (2) (a) 2., 440.26 (title), 440.26 (1m) (intro.), 440.26 (2) (title), 440.26 (4) (title), 440.26 (4m) (title), 442.03 (2), 442.04 (3), 442.06, 442.11 (3), 442.11 (4), 442.11 (6), 443.10 (4) (a), 443.10 (6), 443.11 (3), (4) and (5), 443.12 (2), (3) and (4), 458.08 (5), 459.22 (1) and subchapter III of chapter 459 [precedes 459.40]; to renumber 440.26 (1) (title) and (a) 1., 2., 3. and 4., 440.26 (1m) (h), 440.26 (2) (b), 443.10 (4) (b) and 443.12 (1); to renumber and amend 15.405 (6m) (c) 2., 15.405 (6m) (d) 2., 15.407 (4) (a) 2., 15.407 (4) (b) 2., 440.26 (1) (a) (intro.), 440.26 (1) (a) 11., 440.26 (1) (b), 440.26 (2) (a), 440.26 (2) (c), 440.26 (3), 440.26 (3m), 440.26 (4), 440.26 (4m) (a), 440.26 (4m) (b), 440.26 (5), 440.26 (5m), 440.26 (5r), 440.26 (6), 440.26 (8) and 459.22 (2); to amend 15.405 (6m) (e), 29.193 (2) (a) 1., 29.324 (1) (a), 45.353 (3), 49.45 (8) (a) 7., 66.044 (3), 77.54 (22) (b), 100.03 (1) (bm), 100.03 (1) (ym) 2., 102.01 (2) (c), 111.335 (1) (cg) 1., 111.335 (1) (cg) 2., 111.335 (1) (cg) 3., 114.103 (1) (c), 127.01 (1r), 127.01 (25m) (b), 127.06 (1) (e), 127.06 (1m) (e), 149.14 (3) (k), 149.14 (4) (h) and (i), 167.31 (4) (a) 4. (intro.), 167.31 (4) (a) 4. a., 440.03 (7m), 440.05 (intro.), 440.08 (2) (a) (intro.), 440.23 (1), 442.02 (7), 442.02 (9), 442.03 (3), 442.07 (title), 442.07 (1), 442.07 (2), 442.07 (3), 442.08, 442.10 (1), 442.11 (7), 442.11 (8), 442.11 (9), 442.11 (10), 442.11 (13), 442.13, 443.13, 448.13 (1) (a), 449.18 (7), 458.09 (2) (intro.), 459.01 (2), (3) and (5), 459.02, 459.03 (title), 459.03 (1), 459.03 (2) (b), 459.035, 459.04, 459.05 (1m), 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3), 459.07 (2), 459.08 (1), 459.085, 459.095 (3), 459.10 (1) (d), (e), (j), (k) and (p), 459.14 (2), 459.20 (2) (b), 459.20 (3g), 459.20 (3p), 459.24 (1m), 459.24 (3m), 459.26 (2) (b) (intro.), 459.26 (2) (b) 4., 459.34 (2) (ce), 459.34 (2) (cm), 459.34 (2) (cs), 895.527 (6), 940.34 (1) (b), 940.34 (2) (b), 940.34 (2) (c) 1., 941.237 (1) (em), 941.237 (3) (cm) 1. and 968.27 (7) (b); to repeal and recreate 443.10 (4) (title); and to create 440.27 (intro.), 440.30 (title) and 448.03 (2) (L) of the statutes; relating to: eliminating outdated references to certificates of registration to practice audiology and speech-language pathology, and replacing the term "hearing aid" with "hearing instrument"; eliminating outdated references to transitional appraiser licenses; exempting certain persons who assist occupational therapists from licensure and certification requirements; continuing education requirements for physicians and podiatrists; continuing education requirements for optometrists certified to use therapeutic pharmaceutical agents or to remove foreign bodies from an eye; public accountants practicing under a certificate of authority and qualifications for applicants for a certificate as a certified public accountant; private detective and private detective agency licenses and private security permits; disciplinary action taken and rosters prepared by the examining board of architects, landscape architects, professional engineers, designers and land surveyors (suggested as remedial legislation by the department of regulation and licensing).

Analysis by the Legislative Reference Bureau

This bill makes various remedial changes to statutes concerning: 1) private detectives, private detective agencies and private security persons; 2) the examining board of architects, landscape architects, professional engineers, designers and land surveyors; and 3) miscellaneous other requirements.

Private detectives, private detective agencies and private security persons

Under current law, the department of regulation and licensing (DORL) issues private detective and private detective agency licenses and private security permits to persons who satisfy certain requirements. With certain exceptions, a person may not act as a private detective, private detective agency or private security person without a license or permit. One of the requirements for a private security permit is that a private detective agency that employs an applicant for the permit must provide a recent photograph and the fingerprints of the applicant. Under this bill, the applicant for the permit, rather than the applicant's employer, must provide a recent photograph and his or her fingerprints.

Also under current law, DORL is required to promulgate rules relating to the carrying of dangerous weapons by persons who are issued private detective licenses and private security permits. The rules must meet minimum requirements under a federal law regarding the reciprocity of state licenses for certain employes of armored car companies. Under current law, this state does not have licensing requirements for such employes. This bill eliminates the requirement that DORL's rules for private detectives and private security persons meet the federal law's requirements for armored car company employes.

The bill also makes nonsubstantive changes to the provisions under current law regarding private detective and private detective agency licenses and private security permits.

Examining board of architects, landscape architects, professional engineers, designers and land surveyors

Under current law, DORL and any board in DORL, including the examining board of architects, landscape architects, professional engineers, designers and land surveyors (examining board) may take disciplinary action against a person credentialed by DORL or a board if a complaint is filed against the person. Current law also contains specific provisions that allow the different sections of the examining board to take the same action. This bill eliminates these specific provisions that deal only with the examining board.

Also under current law, a credential that is issued by a board in DORL, including the examining board, may be suspended or revoked upon a vote by two-thirds of the voting members of the board. Current law also contains specific provisions that allow the land surveyor section of the examining board to take disciplinary action, including suspending or revoking a credential, or to reinstate a credential, upon a vote of three of the five members of the section. This bill eliminates these specific provisions that deal only with the land surveyor section. The bill also eliminates provisions under current law that specify that the designer section of the examining board may take disciplinary action upon a two-thirds vote by its five members.

The bill also eliminates the requirement under current law that the examining board prepare a roster of all engineers-in-training and land surveyors that are credentialed by the board. The bill does not affect a requirement under current law that each board in DORL, including the examining board, maintain a register of the names and addresses of all persons who are credentialed.

Other changes

Under current law, a person is not allowed to use a title related to audiology or speech-language pathology, or practice audiology or speech-language pathology, unless he or she is granted a license by the hearing and speech examining board. Prior to July 1, 1993, such persons were granted certificates of registration by the hearing and speech examining board. This bill eliminates all outdated references to audiology and speech-language pathology certificates of registration.

Under current law, a person may not fit or sell hearing aids unless he or she is granted a license by the hearing and speech examining board to practice as a hearing instrument specialist. "Hearing aid" is defined as a device that aids or compensates for impaired hearing. In addition, certain requirements apply to the fitting and sale of hearing aids by a person who is licensed by the hearing and speech examining board. This bill replaces the term "hearing aid" with the term "hearing instrument", which the bill defines to have the same meaning as "hearing aid" under current law.

This bill eliminates outdated references in state law to transitional appraiser licenses. Under current law, no transitional appraiser license granted by DORL is valid after January 1, 1996.

Under current law, the medical examining board grants licenses and certificates that allow a person to engage in the following professions: occupational therapist, occupational therapy assistant, physician, physician assistant, podiatrist and respiratory care practitioner. A license or certificate is not required for a person who assists a respiratory care practitioner in practice under the direct, immediate and on-premises supervision of the respiratory care practitioner.

This bill exempts a person from the requirement to be licensed or certified by the medical examining board if he or she assists an occupational therapist or occupational therapy assistant in practice under the direct, immediate and on-premises supervision of the occupational therapist or occupational therapy assistant.

Under current law, a physician or podiatrist must renew his or her certificate of registration by November 1 of each odd-numbered year. When a physician or podiatrist applies for renewal, he or she must submit proof that he or she attended and completed at least 30 hours of continuing education courses within the two calendar years preceding the calendar year for which his or her certificate of registration is effective.

This bill requires a physician or podiatrist to attend and complete the courses within the two-year period preceding the date of his or her application for renewal, instead of within the two calendar years preceding the calendar year for which his or her certificate of registration is effective.

Also, under current law, a certificate that allows an optometrist to use therapeutic pharmaceutical agents or remove foreign bodies from an eye expires on January 1 of each even-numbered year. An optometrist who applies for renewal of this certificate must satisfy continuing education requirements established in rules promulgated by the optometry examining board. The rules may not require an optometrist to complete more than 30 hours of continuing education courses within the two calendar years immediately preceding the expiration date of the certificate.

This bill requires an optometrist who applies for renewal of the certificate to complete the continuing education courses within the two years immediately preceding the date of his or her application for renewal, instead of within the two calendar years immediately preceding the expiration date of the certificate.

Under current law, the accounting examining board regulates both public accountants and certified public accountants. A person may not practice as a public accountant unless he or she holds both a certificate of authority as a public accountant that is issued by the accounting examining board and a license. A person may not practice as a certified public accountant unless he or she holds a certificate as a certified public accountant that is issued by the accounting examining board and a license. The accounting examining board may issue a certificate of authority as a public accountant only to a person who applied for the certificate before December 1, 1935. This bill eliminates the certificate of authority as a public accountant.

Current law also provides that a person who applied for a certificate as a certified public accountant before July 1, 1968, must satisfy certain education and experience requirements. This bill eliminates these requirements.

For further information, see the Notes provided by the law revision committee of the joint legislative council.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of regulation and licensing and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

SB389, s. 1 Section 1 . 15.405 (6m) (c) 1. of the statutes is repealed.

SB389, s. 2 Section 2 . 15.405 (6m) (c) 2. of the statutes is renumbered 15.405 (6m) (cm) and amended to read:

SB389,6,4 15.405 (6m) (cm) One audiologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 3 Section 3. 15.405 (6m) (d) 1. of the statutes is repealed.

SB389, s. 4 Section 4 . 15.405 (6m) (d) 2. of the statutes is renumbered 15.405 (6m) (dm) and amended to read:

SB389,6,9 15.405 (6m) (dm) One speech-language pathologist licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 5 Section 5 . 15.405 (6m) (e) of the statutes is amended to read:

SB389,6,12 15.405 (6m) (e) Two public members. One of the public members shall be a hearing aid instrument user.

SB389, s. 6 Section 6 . 15.407 (4) (a) 1. of the statutes is repealed.

SB389, s. 7 Section 7. 15.407 (4) (a) 2. of the statutes is renumbered 15.407 (4) (am) and amended to read:

SB389,6,17 15.407 (4) (am) Three speech-language pathologists licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 8 Section 8 . 15.407 (4) (b) 1. of the statutes is repealed.

SB389, s. 9 Section 9 . 15.407 (4) (b) 2. of the statutes is renumbered 15.407 (4) (bm) and amended to read:

SB389,6,22 15.407 (4) (bm) Two audiologists licensed under subch. II of ch. 459. This subdivision applies after June 30, 1993.

SB389, s. 10 Section 10 . 29.193 (2) (a) 1. of the statutes is amended to read:

SB389,7,3 29.193 (2) (a) 1. "Accompanied" means being subject to continuous visual or voice contact without the aid of any mechanical or electronic amplifying device other than a hearing aid instrument.

SB389, s. 11 Section 11 . 29.324 (1) (a) of the statutes is amended to read: