SB432,12,1514 440.27 (2) Definition. In this subsection, "violation" "Violation" means a
15violation of any state or local law that is punishable by a forfeiture.
SB432, s. 42 16Section 42. 440.26 (4m) (b) of the statutes is renumbered 440.34 and amended
17to read:
SB432,13,2 18440.34 Reporting requirement violations of law. A person who holds a
19license or permit issued under this section subchapter and who is convicted of a
20felony or misdemeanor, or is found to have committed a violation, in this state or
21elsewhere, shall notify the department in writing of the date, place , and nature of the
22conviction or finding within 48 hours after the entry of the judgment of conviction or

1the judgment finding that the person committed the violation. Notice may be made
2by mail and may be proven by showing proof of the date of mailing the notice.
SB432, s. 43 3Section 43 . 440.26 (5) of the statutes is renumbered 440.29 and amended to
4read:
SB432,13,13 5440.29 Exemptions from licensing . (1) The requirement that a person
6acting as a private detective, investigator, or special investigator be licensed under
7this section subchapter does not apply to attorneys, law students, or law school
8graduates employed by an attorney or persons directly employed by an attorney or
9firm of attorneys whose work as private detective, investigator, or special
10investigator is limited to such attorney or firm or to persons directly employed by an
11insurer or a retail credit rating establishment. A person who accepts employment
12with more than one law firm shall be subject to the licensing provisions of this section
13subchapter.
SB432,13,19 14(2) The license requirements of this section subchapter do not apply to any
15person employed directly or indirectly by the state or by a municipality, as defined
16in s. 345.05 (1) (c), or to any employee of a railroad company under s. 192.47, or to
17any employee of a commercial establishment, while the person is acting within the
18scope of his or her employment and whether or not he or she is on the employer's
19premises.
SB432,14,2 20(3) An employee of any agency that is licensed as a private detective agency
21under this section subchapter and that is doing business in this state as a supplier
22of uniformed private security personnel to patrol exclusively on the private property
23of industrial plants, business establishments, schools, colleges, hospitals, sports
24stadiums, exhibits, and similar activities is exempt from the license requirements of

1this section subchapter while engaged in such employment, if all of the following
2apply:
SB432,14,43 (a) The employee obtains a private security permit under this sub. (5m) s.
4440.31
.
SB432,14,95 (b) The private detective agency furnishes an up-to-date written record of its
6employees to the department. The record shall include the name, residence address,
7date of birth, and a physical description of each employee together with a recent
8photograph and 2 fingerprint cards bearing a complete set of fingerprints of each
9employee
.
SB432,14,1210 (c) The private detective agency notifies the department in writing within 5
11days of any change in the information under subd. 2. par. (b) regarding its employees,
12including the termination of employment of any person.
SB432, s. 44 13Section 44 . 440.26 (5m) of the statutes is renumbered 440.31, and 440.31 (1)
14(a) and (c), (2), (3) and (4), as renumbered, are amended to read:
SB432,14,1815 440.31 (1) (a) The individual submits an application for a private security
16permit to the department on a form provided by the department and includes with
17the application a recent photograph and 2 fingerprint cards bearing a complete set
18of his or her fingerprints
.
SB432,14,2119 (c) The individual provides evidence satisfactory to the department that he or
20she is an employee of a private detective agency described in sub. (5) (c) s. 440.29 (3)
21(intro.)
.
SB432,14,25 22(2) The renewal dates for permits issued under this subsection section are
23specified under s. 440.08 (2) (a). Renewal applications shall be submitted to the
24department on a form provided by the department and shall include the renewal fee
25specified in s. 440.08 (2) (a).
SB432,15,4
1(3) A private security permit issued under this subsection section authorizes
2the holder of the permit to engage in private security activities described in sub. (5)
3(c)
s. 440.29 (3) (intro.) for an employer described in sub. (5) (c) s. 440.29 (3) (intro.)
4anywhere in this state.
SB432,15,9 5(4) The department shall maintain a record pertaining to each applicant for a
6permit under this subsection section and each holder of a permit issued under this
7subsection section. The record shall include all information received by the
8department that is relevant to the approval or denial of the application, the issuance
9of the permit, and any limitations, suspensions, or revocations of the permit.
Note: Sections 43 and 44 of this bill change a requirement in current law that a
private detective agency furnish a photograph and fingerprint cards as part of the written
record of its employees that it submits to the department of regulation and licensing. The
change requires the individual submitting the application for a private security permit
to submit this information to the department.
SB432, s. 45 10Section 45. 440.26 (5r) of the statutes is renumbered 440.32, and 440.32 (1)
11(a), (2) and (3), as renumbered, are amended to read:
SB432,15,1312 440.32 (1) (a) The individual has completed an application and provided
13information required under sub. (5m) (a) s. 440.31 (1).
SB432,15,17 14(2) (a) Except as provided in subd. 2. par. (b), an individual who has been issued
15a temporary private security permit under par. (a) sub. (1) may act as a private
16security person in the same manner as an individual issued a private security permit
17under sub. (5m) s. 440.31.
SB432,15,2018 (b) An individual may not carry a dangerous weapon while acting as a private
19security person under a temporary private security permit issued under par. (a) sub.
20(1)
.
SB432,15,22 21(3) (a) Except as provided in subd. 2. par. (b), a temporary private security
22permit issued under par. (a) sub. (1) is valid for 30 days.
SB432,16,5
1(b) A temporary private security permit issued under par. (a) sub. (1) shall
2expire on the date that the individual receives written notice from the department
3that a background check of the individual has been completed and that the
4department is granting or denying the individual's application for a private security
5permit, if that date occurs before the end of the period specified in subd. 1 par. (a).
SB432,16,76 (c) A temporary private security permit issued under par. (a) sub. (1) may not
7be renewed.
SB432, s. 46 8Section 46. 440.26 (6) of the statutes is renumbered 440.35, and 440.35 (1)
9(intro.), (c) and (d), as renumbered, are amended to read:
SB432,16,13 10440.35 Discipline. (1) (intro.) Subject to the rules adopted under s. 440.03
11(1), the department may reprimand the holder of a license or permit issued under this
12section subchapter or revoke, suspend , or limit the license or permit of any person
13who has done any of the following:
SB432,16,1514 (c) Made a false statement in connection with any application for a license or
15permit under this section subchapter.
SB432,16,1716 (d) Violated this section subchapter or any rule promulgated or order issued
17under this section subchapter.
SB432, s. 47 18Section 47. 440.26 (8) of the statutes is renumbered 440.36 and amended to
19read:
SB432,17,3 20440.36 Penalties. Any person, acting as a private detective, investigator, or
21private security person, or who employs any person who solicits, advertises, or
22performs services in this state as a private detective or private security person, or
23investigator or special investigator, without having procured the license or permit
24required by this section subchapter, may be fined not less than $100 nor more than
25$500 or imprisoned not less than 3 months nor more than 6 months or both. Any

1agency having an employee, owner, officer, or agent convicted of the above offense
2may have its agency license revoked or suspended by the department. Any person
3convicted of the above offense shall be ineligible for a license for one year.
SB432, s. 48 4Section 48. 440.27 (intro.) of the statutes is created to read:
SB432,17,5 5440.27 Definitions. (intro.) In this subchapter:
SB432, s. 49 6Section 49 . 440.30 (title) of the statutes is created to read:
SB432,17,7 7440.30 (title) Private detective and private detective agency licenses.
SB432, s. 50 8Section 50 . 443.10 (4) (title) of the statutes is repealed and recreated to read:
SB432,17,99 443.10 (4) (title) Records.
SB432, s. 51 10Section 51. 443.10 (4) (a) of the statutes is repealed.
SB432, s. 52 11Section 52. 443.10 (4) (b) of the statutes is renumbered 443.10 (4).
SB432, s. 53 12Section 53 . 443.10 (6) of the statutes is repealed.
Note: Sections 50 to 53 of this bill repeal provisions in current law relating to the
use of annual printed rosters of professionals regulated by the examining board of
architects, landscape architects, professional engineers, designers and land surveyors.
According to the department of regulation and licensing, these provisions are obsolete
because the department uses computerized lists instead of printed rosters.
SB432, s. 54 13Section 54 . 443.11 (3), (4) and (5) of the statutes are repealed.
SB432, s. 55 14Section 55. 443.12 (1) of the statutes is renumbered 443.12.
SB432, s. 56 15Section 56. 443.12 (2), (3) and (4) of the statutes are repealed.
SB432, s. 57 16Section 57 . 443.13 of the statutes is amended to read:
SB432,18,7 17443.13 Disciplinary proceedings against designers of engineering
18systems.
The examining board may limit, suspend, or revoke a permit or reprimand
19the permittee if the permittee is guilty of fraud or deceit in obtaining the permit,
20gross negligence, incompetency or misconduct in practice, signing documents not
21prepared by the permittee or under the permittee's control, knowingly aiding or
22abetting unauthorized designing of engineering systems as stated in s. 443.07 (3) by

1persons not granted permits under this chapter or conviction of a felony, subject to
2ss. 111.321, 111.322, and 111.335, or adjudication of mental incompetency by a court
3of competent jurisdiction. If, after a hearing conducted under the rules promulgated
4under s. 440.03 (1) before the designers' section of the examining board, two-thirds
5of the members of the section vote in favor of sustaining the charges, the examining
6board shall reprimand the permittee or limit, suspend or revoke the permit. The
7action of the examining board is subject to review under ch. 227.
Note: Sections 54 to 57 of this bill repeal provisions in current law that set forth
disciplinary proceedings against professionals regulated by the examining board of
architects, landscape architects, professional engineers, designers and land surveyors.
Because general statutes in ch. 440, stats., establish complaint and disciplinary
proceedings that apply to all examining boards, the department of regulation and
licensing states that the specific provisions in ch. 443, stats., are redundant and should
be repealed.
SB432, s. 58 8Section 58 . 448.13 (1) of the statutes is amended to read:
SB432,18,179 448.13 (1) Each physician shall, in each 2nd year at the time of application for
10a certificate of registration under s. 448.07, submit proof of attendance at and
11completion of continuing education programs or courses of study approved for at
12least 30 hours of credit by the board within the 2 calendar years immediately
13preceding the calendar year for which the registration is effective date of his or her
14application for a certificate of registration
. The board may waive this requirement
15if it finds that exceptional circumstances such as prolonged illness, disability, or
16other similar circumstances have prevented a physician from meeting the
17requirement.
SB432, s. 59 18Section 59 . 448.13 (1m) of the statutes is amended to read:
SB432,19,219 448.13 (1m) The board shall, on a random basis, verify the accuracy of proof
20submitted by physicians under sub. (1) and may, at any time during the 2 calendar
21years
2-year period specified in sub. (1), require a physician to submit proof of any

1continuing education programs or courses of study that he or she has attended and
2completed at that time during the 2 calendar years that period.
Note: Sections 58 and 59 of this bill correct terminology in the statutes that
requires physicians to submit proof of attendance at and completion of continuing
education programs. Under the bill, a physician must submit proof that at least 30 hours
of courses have been completed during the 2 years immediately preceding the date of the
physician's application for renewal. The current statutes read that the proof must be
submitted within 2 calendar years immediately preceding the calendar year for which the
registration is effective.
SB432, s. 60 3Section 60 . 448.665 of the statutes is amended to read:
SB432,19,15 4448.665 Continuing education. The affiliated credentialing board shall
5promulgate rules establishing requirements and procedures for licensees to
6complete continuing education programs or courses of study in order to qualify for
7renewal of a license granted under this subchapter. The rules shall require a licensee
8to complete at least 30 hours of continuing education programs or courses of study
9within each 2-year period immediately preceding the renewal date specified under
10s. 440.08 (2) (a)
date of his or her application for renewal under s. 448.65 (2). The
11affiliated credentialing board may waive all or part of these requirements for the
12completion of continuing education programs or courses of study if the affiliated
13credentialing board determines that prolonged illness, disability or other
14exceptional circumstances have prevented a licensee from completing the
15requirements.
Note: Section 60 of this bill corrects terminology in the statute that requires
podiatrists to submit proof of completion of continuing education programs or courses of
study. Under the bill, a podiatrist must submit proof that at least 30 hours of programs
or courses have been completed during the 2 years immediately preceding the date of the
podiatrist's application for renewal. The current statute reads that the proof must be
submitted within the 2-year period immediately preceding the deadline for renewal.
SB432, s. 61 16Section 61 . 449.18 (7) of the statutes is amended to read:
SB432,20,417 449.18 (7) The examining board shall promulgate rules requiring applicants
18for renewal under sub. (4) to attend continuing education courses approved by the

1examining board. The rules shall establish criteria for the approval of such courses
2and may not require an applicant for renewal to attend more than 30 hours of courses
3within the 2 calendar years immediately preceding the expiration date specified in
4sub. (4)
of his or her application for renewal.
Note: Section 61 of this bill corrects terminology in the statute that requires
optometrists to submit proof of attendance at and completion of continuing education
programs. Under the bill, an optometrist must submit proof that at least 30 hours of
courses have been attended during the 2 years immediately preceding the date of the
optometrist's application for renewal. The current statute reads that the proof must be
submitted within 2 calendar years immediately preceding the calendar year for which the
registration is effective.
SB432, s. 62 5Section 62 . 458.08 (5) of the statutes is repealed.
SB432, s. 63 6Section 63 . 458.09 (2) (intro.) of the statutes is amended to read:
SB432,20,97 458.09 (2) (intro.) If an applicant for a certificate under s. 458.06 (3) or (4) or
8458.08 (3) or (5) (a) or for renewal of that certificate under s. 458.11 is an assessor,
9all of the following apply:
Note: Sections 62 and 63 of this bill remove obsolete provisions from the statutes
that provide that transitional licenses for real estate appraisers expire on January 1,
1996.
SB432, s. 64 10Section 64 . 459.01 (2), (3) and (5) of the statutes are amended to read:
SB432,20,1411 459.01 (2) "Hearing aid instrument" means any wearable instrument or device
12designed for or offered for the purpose of aiding or compensating for impaired human
13hearing and any parts, attachments, or accessories of such an instrument or device,
14except batteries and cords.
SB432,20,17 15(3) "Hearing instrument specialist" means any person who is or is required to
16be licensed under s. 459.05 to engage in the practice of dealing in or fitting hearing
17aids instruments.
SB432,21,2 18(5) "Practice of fitting and dealing in hearing aids instruments" means the
19measurement of human hearing by means of an audiometer or by any other means
20accepted by the examining board solely for the purpose of making selections,

1adaptations, or sales of hearing aids instruments intended to compensate for
2impaired hearing. This term also includes making impressions for ear molds.
SB432, s. 65 3Section 65. 459.02 of the statutes is amended to read:
SB432,21,13 4459.02 License required to sell and fit hearing aids instruments. (1)
5No person may engage in the practice of selling or fitting hearing aids instruments
6or display a sign or in any other way advertise or represent himself or herself as a
7person who practices the fitting or sale of hearing aids instruments unless he or she
8holds a valid license issued under this subchapter or a valid license or permit to
9practice audiology issued under subch. II. The license required by s. 459.05 shall be
10conspicuously posted in his or her office or place of business as registered with the
11department at all times. Duplicate licenses shall be issued by the department under
12this subchapter to valid license holders operating more than one office without
13additional payment.
SB432,21,21 14(2) Nothing in this subchapter or subch. II shall prohibit any corporation or
15mercantile establishment which that maintains an established business address
16from engaging in the business of selling or offering for sale hearing aids instruments
17at retail without a license, provided that for the purpose of selling and fitting hearing
18aids instruments it employs persons licensed under this subchapter or persons
19issued licenses or permits to practice audiology under subch. II. Such corporation
20or mercantile establishment shall annually file with the examining board a list of all
21persons employed for the purpose of selling and fitting hearing aids instruments.
SB432, s. 66 22Section 66 . 459.03 (title) of the statutes is amended to read:
SB432,21,24 23459.03 (title) Receipt required to be furnished to a person supplied
24with hearing
aid instrument.
SB432, s. 67 25Section 67. 459.03 (1) of the statutes is amended to read:
SB432,22,8
1459.03 (1) Whoever practices fitting or selling of hearing aids instruments
2under this subchapter shall deliver to each person supplied with a hearing aid
3instrument a receipt. The receipt shall contain the licensee's signature and show the
4licensee's business address and certificate number, together with specifications as to
5the make and model of the hearing aid instrument furnished and full terms of sale
6clearly stated. If a hearing aid which instrument that is not new is sold, the receipt
7and the container thereof for the hearing instrument must be clearly marked as
8"used" or "reconditioned," whichever is applicable.
SB432, s. 68 9Section 68. 459.03 (2) (b) of the statutes is amended to read:
SB432,22,1510 459.03 (2) (b) A statement that the purchaser has been advised at the outset
11of the purchaser's relationship with the hearing instrument specialist that any
12examination or representation made by a hearing instrument specialist in
13connection with the fitting and selling of this hearing aid instrument is not an
14examination, diagnosis, or prescription by a person licensed to practice medicine in
15this state and therefore must not be regarded as medical opinion or advice.
SB432, s. 69 16Section 69. 459.035 of the statutes is amended to read:
SB432,22,21 17459.035 Medical exam before being fitted. A hearing aid instrument shall
18not be fitted for or sold to a child 16 years of age or younger unless within 90 days
19prior to the fitting the person to be fitted has been examined by a physician to
20determine whether or not he or she has any physical deficiencies that would prohibit
21the effective use of a hearing aid instrument.
SB432, s. 70 22Section 70. 459.04 of the statutes is amended to read:
SB432,22,25 23459.04 Seller's guarantee. The seller of a hearing aid instrument shall give
24to the purchaser a personal guarantee that is at least identical in its terms to the
25guarantee of the manufacturer of the hearing aid instrument.
SB432, s. 71
1Section 71. 459.05 (1m) of the statutes is amended to read:
SB432,23,132 459.05 (1m) Whenever the examining board determines that another state or
3jurisdiction has requirements equivalent to or higher than those in effect in the state
4for the practice of fitting and selling hearing aids instruments, and that such state
5or jurisdiction has a program equivalent to or stricter than the program for
6determining whether applicants in this state are qualified to fit and sell hearing aids
7instruments, the department may issue a license by reciprocity to applicants who
8hold valid certificates or licenses to deal in or fit hearing aids instruments in such
9other state or jurisdiction, who pay the fee specified in s. 440.05 (2), and who are
10otherwise qualified for licensure. No applicant for a license by reciprocity under this
11subsection shall be required to submit to or undergo a qualifying examination, if the
12applicant personally appears at the next meeting of the examining board after filing
13the application to answer any questions the examining board has.
SB432, s. 72 14Section 72. 459.06 (2) (a) (intro.) and 3. and (b) (intro.) and 4. and (3) of the
15statutes are amended to read:
SB432,23,1716 459.06 (2) (a) (intro.) Tests of knowledge in the following areas as they pertain
17to the fitting of hearing aids instruments:
SB432,23,1818 3. The function of hearing aids instruments.
SB432,23,2019 (b) (intro.) Practical tests of proficiency in the following techniques as they
20pertain to the fitting of hearing aids instruments:
SB432,23,2221 4. Recording and evaluation of audiograms and speech audiometry to
22determine proper selection and adaption of a hearing aid instrument.
SB432,24,2 23(3) The applicant for license by examination shall appear at a time and place
24as the examining board designates, to be examined by means of written and practical
25tests in order to demonstrate that he or she is qualified to practice the fitting of

1hearing aids instruments. Such examinations shall be conducted at least twice a
2year and at such other times and places designated by the examining board.
SB432, s. 73 3Section 73. 459.07 (2) of the statutes is amended to read:
SB432,24,104 459.07 (2) Upon receiving an application under this section, accompanied by
5the fee under s. 440.05 (6), the examining board may grant a trainee permit which
6may entitle the applicant to practice fitting of hearing aids instruments for a period
7of one year. A person holding a valid hearing instrument specialist license shall be
8responsible for the direct supervision and training of the applicant and shall be liable
9for all negligent acts and omissions of the trainee in the fitting of hearing aids
10instruments.
SB432, s. 74 11Section 74. 459.08 (1) of the statutes is amended to read:
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