AB312: Bill Text

Analysis by the Legislative Reference Bureau

Effective January 1, 2010, this bill establishes requirements for licensure by the Department of Health and Family Services (DHFS) of mold assessors and mold remediators for the performance of mold assessment and mold remediation, as defined in the bill. DHFS must issue biennial licenses and renewals of these licenses as mold assessors or mold remediators to individuals who submit applications, pay specified fees, and meet certain statutory requirements and DHFS rules requirements.

The bill specifies requirements for the performance of mold assessment and mold remediation, but exempts from these requirements routine cleaning and mold assessment or mold remediation activities performed by residential property owners on their residences or by maintenance staff for property owners who were not hired for mold treatment. DHFS must promulgate rules to specify, among other things, the scope of licensure activity, requirements for licensure, standards for continuing education requirements, practice standards, and information to be contained in written reports that mold assessors must provide to persons for whom they perform services. Further, the bill requires DHFS, among other things, to develop and administer examinations for licensure, maintain a publicly accessible registry of licensed mold assessors and mold remediators, and periodically conduct inspections. Annually, beginning January 1, 2011, DHFS must submit a report to the legislature and the governor specifying the number of current licenses, measures taken by DHFS to disseminate information about licensees, and mold assessment and mold remediation education and research conducted in the previous year and any proposed by DHFS in the ensuing year.

The bill specifically prohibits certain actions by mold assessors, mold remediators, and employers or contractors of mold assessors and mold remediators, including offering compensation, inducement, or reward for the referral of business, and prohibits performance after license expiration of a mold assessment or mold remediation activity that requires licensure. DHFS must investigate complaints concerning the manner in which a mold assessment or mold remediation was conducted or concerning licensure of a mold assessor or mold remediator. Lastly, the bill specifies disciplinary actions for violations, including assessments by DHFS of costs of investigations, imposition of forfeitures, and cease and desist orders.

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:

AB312, s. 1 Section 1. 20.435 (1) (gm) of the statutes is amended to read:

AB312,2,11 20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.24, 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f) and (8) (d), 250.04 (3m), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.24 (4) (a) 2. and (b) 2., (5) (a), and (11) (b), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.88, and 255.08 (2) (b) and ch. 69, other than s. 69.22 (1m), and as reimbursement for medical supplies shall be credited to this appropriation account.

AB312, s. 2 Section 2. 250.041 (1) (dm) of the statutes is created to read:

AB312,3,1 250.041 (1) (dm) A license under s. 254.24 (4) (a) or (b).

AB312, s. 3 Section 3. 254.115 (1) (bm) of the statutes is created to read:

AB312,3,3 254.115 (1) (bm) Licensure under s. 254.24 (4) (a) or (b).

AB312, s. 4 Section 4. 254.24 of the statutes is created to read:

AB312,3,6 254.24 Mold assessment and mold remediation. (1) Definitions. In this section:

AB312,3,8 (a) "Hyphae" means threadlike vegetative structures that make up the mycelium of a fungus.

AB312,3,10 (b) "Mold" means a saprophytic or parasitic spore-producing organism of the biological taxonomy kingdom Fungi, including spores, hyphae, and mycotoxins.

AB312,3,18 (c) "Mold assessment" means an inspection, investigation, or survey of a dwelling or other structure to determine and evaluate the presence, concentration, and identification of mold, and includes visual observation, the identification of all sources of moisture contributing to contamination, and the development of a mold management plan for the abatement and mitigation of mold. "Mold assessment" may include moisture-related measurements, surface sampling, air quality testing, air pressure and transport testing, home performance forensic testing, infrared imaging, and any associated laboratory analysis.

AB312,3,22 (d) "Mold remediation" means the removal, cleaning, sanitizing, demolition, or other treatment of mold or of a mold-contaminated structure that is in accordance with a mold management plan or remediation protocol, including activities to prevent mold or mold contaminated matter that was not intentionally grown.

AB312,3,24 (e) "Mycotoxin" means a substance, toxic to humans, that is produced by a fungus, especially a mold.

AB312,4,2 (f) "Spore" means a primitive, usually unicellular dormant or reproductive body produced by a fungus.

AB312,4,4 (2) Powers and duties of department. The department shall do all of the following:

AB312,4,5 (a) Promulgate rules that do all of the following:

AB312,4,7 1. Specify the scope and context of mold-related work for which a license under this section is required.

AB312,4,9 2. Specify educational or fitness requirements for licensure for performance of mold assessment and for licensure for performance of mold remediation.

AB312,4,11 3. Specify reasonable standards for continuing education requirements for licensed mold assessors and mold remediators.

AB312,4,13 4. Specify standards for licensed mold assessors and mold remediators in other states to practice as licensed mold assessors and mold remediators in this state.

AB312,4,15 5. Specify a code of professional conduct for performance of mold assessment and mold remediation.

AB312,4,18 6. Specify standards for conducting a mold assessment and mold remediation, inspecting a dwelling or other structure after completion of mold remediation, and verifying satisfactory mold remediation.

AB312,4,21 7. Specify qualification requirements and accreditation of trainers for licensure of mold assessors and mold remediators and for continuing education for licensed mold assessors and mold remediators.

AB312,4,24 8. Specify the conditions of a grace period between a mold assessor or mold remediator license number change and its required correction on any printed matter or marketing or advertising medium required under sub. (6).

AB312,5,2 9. Specify information that the holder of a mold assessor license must provide in a written report under sub. (6) (a) 3., including all of the following:

AB312,5,3 a. The nature and location of excess moisture accumulation or water intrusion.

AB312,5,4 b. The location and extent of any mold contamination.

AB312,5,6 c. Information with respect to the assessment site, including previous contamination.

AB312,5,7 d. Observations resulting from a visual assessment of the site.

AB312,5,8 e. Quality control and quality assurance procedures.

AB312,5,9 f. Results, in detail, of the mold assessment.

AB312,5,12 g. Recommendations for correcting excess moisture sources and related structural or mechanical problems, for thoroughly cleaning and removing mold growth and related contamination, and for addressing any other objectives.

AB312,5,14 10. Specify factors that the department shall consider in determining whether a forfeiture is to be imposed under sub. (11) (c) 1.

AB312,5,15 11. Define "good cause" for the purposes of sub. (11) (a) 6.

AB312,5,17 (b) Develop and administer an examination for the licensure of mold assessors and mold remediators.

AB312,5,19 (c) Issue, renew, and reinstate licenses for mold assessment and mold remediation, under the requirements of subs. (4) and (6).

AB312,5,21 (d) Maintain a publicly accessible registry of all licensed mold assessors and mold remediators and update the registry periodically.

AB312,5,23 (e) Specify the length of time and the manner by which mold assessors and mold remediators shall retain records of mold assessment and mold remediation projects.

AB312,6,3 (f) Conduct a statewide education and outreach program regarding the health implications of mold growth in indoor environments, including methods to recognize, prevent, and mitigate mold occurrence.

AB312,6,5 (g) Conduct inspections periodically, as necessary to ensure compliance with this section.

AB312,6,8 (h) Periodically review continuing education programs for licensed mold assessors and mold remediators to ensure quality and equitable availability statewide.

AB312,6,14 (3) Mold assessor and mold remediator; license required. No person may perform a mold assessment or advertise or otherwise hold himself or herself out as a mold assessor, unless he or she has a license issued under sub. (4) (a), or a renewal of such a license. No person may perform mold remediation or advertise or otherwise hold himself or herself out as a mold remediator, unless he or she has a license issued under sub. (4) (b), or a renewal of such a license.

AB312,6,20 (4) Mold assessor or mold remediator; licensure. (a) Mold assessor. An applicant for licensure as a mold assessor shall be at least 18 years of age and be a U. S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Subject to sub. (11) (a) and (d), the department shall issue a biennial license, other than a license renewal, as a mold assessor to an applicant who does all of the following:

AB312,6,22 1. Submits an application for the license to the department on a form provided by the department.

AB312,6,23 2. Pays a fee of $53.

AB312,6,25 3. Submits evidence satisfactory to the department that at least one of the following applies:

AB312,7,2 a. The applicant has completed a course of study in mold assessment that is approved by the department.

AB312,7,4 b. The applicant has satisfied a qualification other than as specified under subd. 3. a., as determined by the department.

AB312,7,6 4. Submits evidence satisfactory to the department that all of the following apply:

AB312,7,7 a. The applicant has passed an examination that the department develops.

AB312,7,9 b. The applicant has insurance coverage for workers compensation, liability, and property damage, in types and amounts required by the department.

AB312,7,11 c. The applicant demonstrates financial responsibility, including an acceptable credit history and limits of bondability and credit, as determined by the department.

AB312,7,14 d. The applicant complies with the educational and fitness requirements for performance of mold assessment promulgated as rules by the department under sub. (2) (a) 2.

AB312,7,20 (b) Mold remediator. An applicant for licensure as a mold remediator shall be at least 18 years of age and be a U. S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law. Subject to sub. (11) (a) and (d), the department shall issue a biennial license, other than a license renewal, as a mold remediator to an applicant who does all of the following:

AB312,7,22 1. Submits an application for the license to the department on a form provided by the department.

AB312,7,23 2. Pays a fee of $53.

AB312,7,25 3. Submits evidence satisfactory to the department that all of the following apply:

AB312,8,2 a. The applicant has completed a course of study in mold remediation that is approved by the department.

AB312,8,4 b. The applicant has passed successful completion of an examination that the department develops.

AB312,8,6 c. The applicant has insurance coverage for worker's compensation, liability, and property damage, in types and amounts required by the department.

AB312,8,8 d. The applicant demonstrates financial responsibility, including an acceptable credit history and limits of bondability and credit, as determined by the department.

AB312,8,11 e. The applicant complies with the educational and fitness requirements for performance of mold remediation promulgated as rules by the department under sub. (2) (a) 2.

AB312,8,16 (5) License amendment, renewal, and expiration. (a) A licensed mold assessor or mold remediator shall file an amendment to his or her licensure within 20 days after any change occurs in the information required under sub. (4) (a) or (b), as applicable. The department may not require a fee for the filing of a license amendment under this paragraph.

AB312,8,24 (b) 1. The department shall give a notice of renewal to each holder of a license under this section at least 30 days prior to the renewal date of the license. Notice may be mailed to the last address provided to the department by the licensee or may be given by electronic transmission. Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against the holder or in any proceeding against the holder for practicing without a license. Failure to receive a notice of renewal does not relieve the holder from the obligation to pay a penalty for late renewal under subd. 5.

AB312,9,4 2. An application for renewal of a mold assessor license or a mold remediator license shall be submitted to the department on a form provided by the department on or before January 1 of each even-numbered year and shall include a renewal fee of $53.

AB312,9,9 3. Except as provided in subd. 4., the department may not renew a mold assessor or mold remediator license unless the applicant certifies that he or she has completed, during the preceding 2-year licensure period, at least 24 hours of continuing education programs or courses that meet standards promulgated as rules by the department under sub. (2) (a) 3.

AB312,9,11 4. Subdivision 3. does not apply to an applicant who applies to renew a license that expires on the first expiration date after initial issuance of the license.

AB312,9,16 5. If the department does not receive an application to renew a mold assessor or mold remediator license before the renewal date specified in subd. 2., the applicant for renewal may restore the license by complying with the requirements of this paragraph within 30 days after the renewal date specified in subd. 1. and paying a late renewal fee of $100.

AB312,9,18 (c) A mold assessor license or a mold remediator license that is not timely renewed under par. (b) is expired.

AB312,9,21 (6) Requirements for performance of mold assessment or mold remediation. (a) A holder of a mold assessor license shall, in the performance of mold assessment, do all of the following:

AB312,9,25 1. Affix his or her signature and mold assessor license number to each document that is prepared or approved for use by the holder of the mold assessor license in connection with a mold assessment project and to each offer, bid, or contract submitted to a mold assessment client or potential client.

AB312,10,3 2. Except during a grace period as provided in rules promulgated by the department, ensure that his or her mold assessor license number is included in any marketing or advertising medium for his or her mold assessment services.

AB312,10,6 3. If performing mold assessment services for compensation, provide to each person for whom the services are performed a written report that satisfies requirements promulgated by the department by rule.

AB312,10,8 (b) A holder of a mold assessor license may not be required to provide an estimate related to the cost of repair of an assessed property.

AB312,10,10 (c) A holder of a mold remediator license shall, in the performance of mold remediation, do all of the following:

AB312,10,14 1. Affix his or her signature and mold remediator license number to each document that is prepared or approved for use by the holder of the mold remediator license in connection with a mold remediation project and to each offer, bid, or contract submitted to a mold remediation client or potential client.

AB312,10,17 2. Except during a grace period as provided in rules promulgated by the department, ensure that his or her mold remediator license number is included in any marketing or advertising medium for his or her mold remediation services.

AB312,10,19 3. Provide a written report of any mold remediation performed to each person for which he or she performs mold remediation.

AB312,10,20 (7) Inapplicability. This section does not apply to any of the following:

AB312,10,21 (a) Routine cleaning that is not conducted for purposes of mold remediation.

AB312,11,2 (b) Mold assessment or mold remediation activities performed by an owner of residential property on his or her residence or by maintenance staff for a property who are operating at the direction of the property owner or of the board of directors of a corporation that controls the property. In this paragraph, "maintenance staff" are permanent full-time or part-time staff who were not hired specifically for the treatment of mold.