LRB-0739/1
CTS:kjf:pg
2007 - 2008 LEGISLATURE
November 9, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Ethics Reform and Government Operations.
SB315,1,3
1An Act to amend 440.01 (1) (d) of the statutes;
relating to: disciplinary actions
2against credential holders (suggested as remedial legislation by the
3Department of Regulation and Licensing).
Analysis by the Legislative Reference Bureau
Under current law, the Department of Regulation and Licensing (department)
and examining boards and affiliated credentialing boards attached to the
department (boards) are generally authorized to limit a credential issued by the
department or a board after disciplinary proceedings against a person who holds
such a credential. Currently, "limit" is defined as imposing conditions and
requirements upon the credential holder and restricting the scope of the holder's
practice.
Under the bill, "limit" is defined as imposing conditions and requirements upon
the credential holder, restricting the scope of the holder's practice, or both.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
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) 1. and 5., as a result of the Revisor of
Statutes' case and opinion review under s. 13.93 (2) (d), 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.
SB315, s. 1
1Section
1. 440.01 (1) (d) of the statutes is amended to read:
SB315,2,42
440.01
(1) (d) "Limit", when used in reference to limiting a credential, means
3to impose conditions and requirements upon the holder of the credential,
and to
4restrict the scope of the holder's practice
, or both.
Note: Under current law, the Department of Regulation and Licensing and
affiliated credentialing boards may, as a disciplinary option against a credential holder,
limit the holder's credential to practice a certain profession or trade. Long standing
interpretation by the department and affiliated boards is that the current definition of
"limit" allows for the imposition of rehabilitative requirements (e.g., education or
treatment) without a concurrent restriction on the scope of practice when public safety
does not require a restriction. The change proposed by this bill clarifies the definition of
"limit," consistent with current interpretation.
