SB226: Bill Text

SB226,83,10 (2) The pharmacy examining board may grant a variance to ch. 450 or a rule promulgated under ch. 450 in response to a disaster as provided in s. 450.02 (3m).

SB226, s. 305 Section 305. Subchapter III (title) of chapter 323 [precedes 323.30] of the statutes is created to read:

SB226,83,13 chapter 323

SB226,83,15 Subchapter III disaster assistance programs

SB226, s. 306 Section 306. Subchapter IV (title) of chapter 323 [precedes 323.40] of the statutes is created to read:

SB226,83,18 chapter 323

SB226,83,20 Subchapter Iv Liability and exemptions

SB226, s. 307 Section 307. 323.40 of the statutes is created to read:

SB226,84,2 323.40 Responsibility for worker's compensation. (1) Employees of local unit of government. An employee of a local unit of government's emergency management program is an employee of that local unit of government for worker's compensation under ch. 102 unless the responsibility to pay worker's compensation benefits are assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.

SB226,84,7 (2) State agency volunteers. A volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency for worker's compensation under ch. 102, for purposes of any claim related to the assistance provided.

SB226,84,14 (3) Local unit of government volunteers. (a) Except as provided in par. (b), an individual who registers in writing with a local unit of government's emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government for worker's compensation under ch. 102 for purposes of any claim relating to the labor provided.

SB226,84,16 (b) This subsection does not apply to an individual's provision of services if s. 257.03 applies.

SB226, s. 308 Section 308. 323.41 (title), (1), (2), (3) and (4) of the statutes are created to read:

SB226,84,25 323.41 (title) Liability of state or local unit of government. (1) Employee of local unit of government. An employee of a local unit of government's emergency management program is an employee of that local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim, unless the responsibility related to a claim under ss. 893.80, 895.35, and 895.46 is assigned as provided under s. 66.0313 or under an agreement between the local unit of government and the state or another local unit of government.

SB226,85,6 (2) State agency volunteers. Except as provided in s. 323.45, a volunteer who registers with a state agency to assist the agency without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the agency under ss. 893.82 and 895.46, for purposes of any claim related to the assistance provided.

SB226,85,13 (3) Local unit of government volunteers. (a) Except as provided in par. (b), an individual who registers in writing with a local unit of government's emergency management program to provide his or her own labor without compensation, other than reimbursement for travel, lodging, or meals, during a disaster, an imminent threat of a disaster, or a related training exercise is considered an employee of the local unit of government under ss. 893.80, 895.35, and 895.46 for purposes of any claim relating to the labor provided.

SB226,85,15 (b) This subsection does not apply to an individual's provision of services if s. 257.03 or 323.45 applies.

SB226,85,17 (4) Exceptions. This section does not apply if the person's act or omission involves reckless, wanton, or intentional misconduct.

SB226, s. 309 Section 309. 323.42 of the statutes is created to read:

SB226,85,23 323.42 Reimbursement of local units of government. (1) In any calendar year, if the amount the local unit of government is liable for under ss. 323.40 and 323.41 plus losses incurred under s. 323.43 exceed $1 per capita of the local unit of government's population, the state shall reimburse the local unit of government the amount of the excess.

SB226,86,2 (2) In addition, the state shall reimburse a local unit of government for any future expenses for worker's compensation and expenses under ss. 893.80, 895.35, and 895.46 that result from an incident that occurred in a calendar year for which the state reimbursed the local unit of government under sub. (1).

SB226,86,4 (3) The reimbursement under this section shall be made from the appropriation in s. 20.465 (3) (a) upon approval of the adjutant general.

SB226, s. 310 Section 310. 323.45 (4) of the statutes is created to read:

SB226,86,7 323.45 (4) (a) This section does not apply to a person's provision of services if s. 257.03 or 323.41 applies.

SB226,86,9 (b) This section does not apply to a person's provision of facilities if s. 257.04 or 323.44 applies.

SB226, s. 311 Section 311. Subchapter V (title) of chapter 323 [precedes 323.50] of the statutes is created to read:

SB226,86,12 chapter 323

SB226,86,15 Subchapter V emergency location and continuity of government

SB226, s. 312 Section 312. 323.50 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB226,86,23 323.50 (1) "Interim successor" means a person designated under this subchapter, if the officer is unavailable as the result of enemy action a disaster or the imminent threat of a disaster, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as provided by law or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.

SB226, s. 313 Section 313. 323.53 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB226,87,9 323.53 (1) Emergency interim successors to office of governor. If, during a state of emergency resulting from enemy action a disaster or the imminent threat of a disaster, the governor is unavailable and the lieutenant governor and the secretary of state are unavailable, the attorney general, state treasurer, speaker of the assembly, and the president of the senate shall in the order named if the preceding named officers are unavailable, exercise the powers and discharge the duties of the office of governor until a new governor is elected and qualified, or until a preceding named officer becomes available; but no interim successor to those offices may serve as governor.

SB226, s. 314 Section 314. 323.53 (2) (b) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB226,87,18 323.53 (2) (b) (intro.) If, during a state of emergency resulting from enemy action a disaster or the imminent threat of a disaster, any state officer is unavailable and his or her deputy, if any, is also unavailable, the powers of his or her office shall be exercised and the duties of his or her office shall be discharged by his or her designated interim successors in the order specified. The interim successor shall exercise the powers and discharge the duties of the office only until any of the following occurs:

SB226, s. 315 Section 315. 323.54 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB226,88,2 323.54 (1) The governing body of any political subdivision may enact ordinances and resolutions to provide a method by which interim appointments to public office are made during periods of emergency to fill vacancies in offices that result from enemy action a disaster or the imminent threat of a disaster. The ordinances or resolutions shall define the scope of the powers and duties that interim appointees may exercise, and shall provide for termination of the interim appointments.

SB226, s. 316 Section 316. 323.55 (title) of the statutes is created to read:

SB226,88,4 323.55 (title) Interim successors.

SB226, s. 317 Section 317. 323.55 (3) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

SB226,88,12 323.55 (3) Period during which authority may be exercised. An interim successor to an office may discharge the duties of the office only during the continuance of an emergency resulting from enemy action in the form of an attack a disaster or the imminent threat of a disaster. The legislature, by joint resolution, may at any time terminate the authority of an interim successor to exercise the powers and discharge the duties of office provided in this subchapter.

SB226, s. 318 Section 318. Subchapter VI (title) of chapter 323 [precedes 323.60] of the statutes is created to read:

SB226,88,15 chapter 323

SB226,88,17 Subchapter VI emergency planning

SB226, s. 319 Section 319. Subchapter VII (title) of chapter 323 [precedes 323.70] of the statutes is created to read:

SB226,88,20 chapter 323

SB226,88,22 Subchapter VIi emergency response teams

SB226, s. 320 Section 320. Subchapter VIII (title) of chapter 323 [precedes 323.80] of the statutes is created to read:

SB226,88,25 chapter 323

SB226,89,1 Subchapter VIII

SB226,89,3 emergency management assistance compact

SB226, s. 321 Section 321. 341.04 (intro.) of the statutes is amended to read:

SB226,89,6 341.04 Penalty for operating unregistered or improperly registered vehicle. (intro.) Except during a state of emergency proclaimed under ch. 166 323:

SB226, s. 322 Section 322. 440.88 (5) of the statutes is amended to read:

SB226,89,15 440.88 (5) Certification required. Except as provided in sub. (3m) and s. 250.042 (4) (b) 257.03, no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under sub. (2).

SB226, s. 323 Section 323. 441.06 (4) of the statutes is amended to read:

SB226,89,25 441.06 (4) Except as provided in s. 250.042 (4) (b) 257.03, no person may practice or attempt to practice professional nursing, nor use the title, letters, or anything else to indicate that he or she is a registered or professional nurse unless he or she is licensed under this section. Except as provided in s. 250.042 (4) (b) 257.03, no person not so licensed may use in connection with his or her nursing employment or vocation any title or anything else to indicate that he or she is a trained, certified or graduate nurse. This subsection does not apply to any person who is licensed to practice nursing by a jurisdiction, other than this state, that has adopted the nurse licensure compact under s. 441.50.

SB226, s. 324 Section 324. 441.10 (3) (c) of the statutes is amended to read:

SB226,90,14 441.10 (3) (c) No license is required for practical nursing, but, except as provided in s. 250.042 (4) (b) 257.03, no person without a license may hold himself or herself out as a licensed practical nurse or licensed attendant, use the title or letters "Trained Practical Nurse" or "T.P.N.", "Licensed Practical Nurse" or "L.P.N.", "Licensed Attendant" or "L.A.", "Trained Attendant" or "T.A.", or otherwise seek to indicate that he or she is a licensed practical nurse or licensed attendant. No licensed practical nurse or licensed attendant may use the title, or otherwise seek to act as a registered, licensed, graduate or professional nurse. Anyone violating this subsection shall be subject to the penalties prescribed by s. 441.13. The board shall grant without examination a license as a licensed practical nurse to any person who was on July 1, 1949, a licensed attendant. This paragraph does not apply to any person who is licensed to practice practical nursing by a jurisdiction, other than this state, that has adopted the nurse licensure compact under s. 441.50.

SB226, s. 325 Section 325. 441.15 (2) (intro.) of the statutes is amended to read:

SB226,90,18 441.15 (2) (intro.) Except as provided in sub. (2m) and s. 250.042 (4) (b) 257.03, no person may engage in the practice of nurse-midwifery unless each of the following conditions is satisfied:

SB226, s. 326 Section 326. 441.15 (5) (a) 5. of the statutes is amended to read:

SB226,90,21 441.15 (5) (a) 5. The provision of services by a nurse-midwife under s. 250.042 (4) (b) 257.03.

SB226, s. 327 Section 327. 445.04 (2) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB226,91,10 445.04 (2) No Except as provided in s. 257.03, no person may engage in the business of a funeral director, or make a representation as engaged in such business, in whole or in part, unless first licensed as a funeral director by the examining board. Application for a license, other than a renewal, shall be in writing and verified on a form to be furnished by the department. The application must specify the address at which the applicant proposes to conduct the business of a funeral director and shall contain such other information as the examining board requires to determine compliance with the requirements of this chapter. Accompanying the application shall be the initial credential fee determined by the department under s. 440.03 (9) (a), together with affidavits of recommendation from at least 2 persons of the county in which the applicant resides or proposes to conduct the business of a funeral director.

SB226, s. 328 Section 328. 447.03 (1) (intro.) of the statutes is amended to read:

SB226,91,14 447.03 (1) Dentists. (intro.) Except as provided under sub. (3) and s. 250.042 (4) (b) 257.03, no person may do any of the following unless he or she is licensed to practice dentistry under this chapter:

SB226, s. 329 Section 329. 448.03 (2) (p) of the statutes is amended to read:

SB226,91,17 448.03 (2) (p) The provision of services by a health care provider under s. 250.042 (4) (b) 257.03.

SB226, s. 330 Section 330. 448.03 (3) (a) (intro.) of the statutes is amended to read:

SB226,91,21 448.03 (3) (a) (intro.) Except as provided in s. 250.042 (4) (b) 257.03, no person may use or assume the title "doctor of medicine" or append to the person's name the letters "M.D." unless one of the following applies:

SB226, s. 331 Section 331. 448.03 (3) (b) of the statutes is amended to read:

SB226,91,25 448.03 (3) (b) Except as provided in s. 250.042 (4) (b) 257.03, no person not possessing the degree of doctor of osteopathy may use or assume the title "doctor of osteopathy" or append to the person's name the letters "D.O.".

SB226, s. 332 Section 332. 448.03 (3) (e) of the statutes is amended to read:

SB226,92,7 448.03 (3) (e) Except as provided in s. 250.042 (4) (b) 257.03, no person may designate himself or herself as a "physician assistant" or use or assume the title "physician assistant" or append to the person's name the words or letters "physician assistant" or "P.A." or any other titles, letters or designation which represents or may tend to represent the person as a physician assistant unless he or she is licensed as a physician assistant by the board.

SB226, s. 333 Section 333. 448.61 of the statutes is amended to read:

SB226,92,15 448.61 License required. Except as provided in ss. 250.042 (4) (b) 257.03 and 448.62, no person may practice podiatry, designate himself or herself as a podiatrist, use or assume the title "doctor of surgical chiropody", "doctor of podiatry"or "doctor of podiatric medicine", or append to the person's name the words or letters "doctor", "Dr.", "D.S.C.", "D.P.M.", "foot doctor", "foot specialist" or any other title, letters or designation which represents or may tend to represent the person as a podiatrist unless the person is licensed under this subchapter.

SB226, s. 334 Section 334. 448.66 of the statutes is amended to read:

SB226,92,21 448.66 Malpractice. Except as provided in s. 250.042 (4) (b) 257.03, a person who practices podiatry without having a license under this subchapter may be liable for malpractice, and his or her ignorance of a duty ordinarily performed by a licensed podiatrist shall not limit his or her liability for an injury arising from his or her practice of podiatry.

SB226, s. 335 Section 335. 450.03 (1) (h) of the statutes is amended to read:

SB226,92,24 450.03 (1) (h) The provision of services by a health care provider under s. 250.042 (4) (b) 257.03.

SB226, s. 336 Section 336. 450.145 (1) (c) of the statutes is amended to read:

SB226,93,3 450.145 (1) (c) The dispensing of a prescription by the pharmacist or pharmacy for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 166.02 (1r) 323.02 (4).

SB226, s. 337 Section 337. 453.05 (1) of the statutes is amended to read:

SB226,93,11 453.05 (1) Except as provided under sub. (2) and s. 250.042 (4) (b) 257.03, no person may offer to practice, advertise to practice or practice veterinary medicine, or use, in connection with his or her name, any title or description which may convey the impression that he or she is a veterinarian, without a license or temporary permit from the examining board. For purposes of this subsection, a person who makes extra-label use of a drug on an animal without a prescription or in any manner not authorized by that prescription is considered to be practicing veterinary medicine.

SB226, s. 338 Section 338. 455.02 (1m) of the statutes is amended to read:

SB226,93,16 455.02 (1m) License required to practice. Except as provided in s. 250.042 (4) (b) 257.03, no person may engage in the practice of psychology or the private practice of school psychology, or attempt to do so or make a representation as authorized to do so, without a license issued by the examining board.

SB226, s. 339 Section 339. 455.02 (3m) of the statutes is amended to read:

SB226,94,2 455.02 (3m) Use of titles. Except as provided in s. 250.042 (4) (b) 257.03, only an individual licensed under s. 455.04 (1) may use the title "psychologist" or any similar title or state or imply that he or she is licensed to practice psychology, and only an individual licensed under s. 455.04 (4) may use the title "private practice school psychologist" or any similar title or state or imply that he or she is licensed to engage in the private practice of school psychology. Except as provided in s. 250.042 (4) (b) 257.03, only an individual licensed under s. 455.04 (1) or (4) may represent himself or herself to the public by any description of services incorporating the word "psychological" or "psychology".

SB226, s. 340 Section 340. 457.04 (intro.) of the statutes is amended to read: