AB547: Bill Text

AB547, s. 197 Section 197. 443.08 (4) (a) 4. of the statutes is created to read:

AB547,66,13 443.08 (4) (a) 4. No firm, partnership, or corporation may be relieved of responsibility for the conduct or acts of its agents, employees, or officers by reason of its compliance with this chapter, nor may any individual practicing designing be relieved of responsibility for designing services performed by reason of his or her employment or relationship with the firm, partnership, or corporation.

AB547, s. 198 Section 198. 443.08 (4) (b) of the statutes is renumbered 443.08 (4) (b) 1. and amended to read:

AB547,66,24 443.08 (4) (b) 1. All final drawings, specifications, plans, reports, or other architectural, engineering or designing papers or documents involving the practice of architecture, professional engineering or designing, or landscape architectural papers or documents prepared by a landscape architect registered under this chapter, prepared for the use of a firm, partnership, or corporation, for delivery by it to any person, or for public record within the state shall be dated and bear the signature and seal of the architect, landscape architect, professional engineer or designer who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4), or (5).

AB547, s. 199 Section 199. 443.08 (4) (b) 2. of the statutes is created to read:

AB547,67,7 443.08 (4) (b) 2. All final drawings, specifications, plans, reports, or other landscape architectural papers or documents prepared by a landscape architect registered under this chapter, prepared for the use of a firm, partnership, or corporation, for delivery by it to any person, or for public record within the state shall be dated and bear the signature and seal of the landscape architect who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4), or (5).

AB547, s. 200 Section 200. 443.08 (4) (b) 3. of the statutes is created to read:

AB547,67,14 443.08 (4) (b) 3. All final drawings, specifications, plans, reports, or other engineering papers or documents involving the practice of professional engineering, prepared for the use of a firm, partnership, or corporation, for delivery by it to any person, or for public record within the state shall be dated and bear the signature and seal of the professional engineer who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4), or (5).

AB547, s. 201 Section 201. 443.08 (4) (b) 4. of the statutes is created to read:

AB547,67,21 443.08 (4) (b) 4. All final drawings, specifications, plans, reports, or other designing papers or documents involving the practice of designing, prepared for the use of a firm, partnership, or corporation, for delivery by it to any person, or for public record within the state shall be dated and bear the signature and seal of the designer who was in responsible charge of their preparation. This paragraph does not apply to persons exempt under s. 443.14 (3), (4), or (5).

AB547, s. 202 Section 202. 443.08 (5) of the statutes is renumbered 443.08 (5) (a) and amended to read:

AB547,68,5 443.08 (5) (a) No firm, partnership, or corporation may engage in the practice of or offer to practice architecture, professional engineering or designing in this state, or use in connection with its name, or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of architecture, professional engineering or designing, nor may it advertise or offer to furnish an architectural, professional engineering or designing service, unless the firm, partnership, or corporation has complied with this chapter.

AB547, s. 203 Section 203. 443.08 (5) (b) of the statutes is created to read:

AB547,68,12 443.08 (5) (b) No firm, partnership, or corporation may engage in the practice of or offer to practice professional engineering in this state, or use in connection with its name, or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of professional engineering, nor may it advertise or offer to furnish a professional engineering service, unless the firm, partnership, or corporation has complied with this chapter.

AB547, s. 204 Section 204. 443.08 (5) (c) of the statutes is created to read:

AB547,68,19 443.08 (5) (c) No firm, partnership, or corporation may engage in the practice of or offer to practice designing in this state, or use in connection with its name, or otherwise assume, use or advertise any title or description tending to convey the impression that it is engaged in the practice of designing, nor may it advertise or offer to furnish a designing service, unless the firm, partnership, or corporation has complied with this chapter.

AB547, s. 205 Section 205. 443.09 (4m) of the statutes is amended to read:

AB547,68,24 443.09 (4m) No person may be registered as a landscape architect under this chapter unless he or she passes a written examination or written and oral examinations conducted or approved by the landscape architect section of the examining board under sub. (5).

AB547, s. 206 Section 206. 443.09 (5) of the statutes is amended to read:

AB547,69,12 443.09 (5) Written or written and oral examinations shall be held at such time and place as the landscape architect section of the examining board determines. The scope of the examinations and the methods of procedure shall be prescribed by the examining board landscape architect section with special reference to the applicant's ability to design and supervise architectural, landscape architectural, or engineering work, which shall promote the public welfare and ensure the safety of life, health, and property. A candidate failing an examination may, upon application and payment of the required reexamination fee, be examined again by the examining board landscape architect section. No restrictions may be placed on the number of times an unsuccessful candidate may be reexamined, except that after failure of 3 reexaminations, the examining board landscape architect section may require a one-year waiting period before further reexamination.

AB547, s. 207 Section 207. 443.10 (1) (a) to (d) of the statutes are amended to read:

AB547,69,21 443.10 (1) (a) The appropriate section of the examining board may, upon application and the payment of the required fee, grant a certificate of registration as an architect, as a landscape architect, or as a professional engineer to any person who holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects, or professional engineers are of a standard not lower than specified in this chapter.

AB547,70,5 (b) The appropriate section of the examining board may, upon application and payment of the required fee, grant a certificate of registration as an architect, as a landscape architect, or as a professional engineer to any person who holds an unrevoked card or certificate of national reciprocal registration, issued by any state, territory, or possession of the United States or by any country, which is in conformity with the regulations of the national council of state board of architectural, or engineering examiners, or council of landscape architectural registration boards, and who complies with the regulations of the examining board appropriate section, except as to qualifications and registration fee.

AB547,70,12 (c) The professional engineer section of the examining board may, upon application therefor, and the payment of the required fee, grant a certificate-of-record as engineer-in-training to any person who holds an unexpired certificate of similar certification issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the certification of engineers-in-training are of a standard not lower than specified in this chapter.

AB547,70,21 (d) The appropriate section of the examining board may, upon application and payment of the required fee, grant a permit to practice or to offer to practice architecture, landscape architecture, or professional engineering to a person who is not a resident of and has no established place of business in this state, or who has recently become a resident of this state, if the person holds an unexpired certificate of similar registration issued to the person by the proper authority in any state or territory or possession of the United States or in any country in which the requirements for the registration of architects, landscape architects , or professional engineers are of a standard not lower than specified in this chapter.

AB547, s. 208 Section 208. 443.10 (2) (c) of the statutes is amended to read:

AB547,71,3 443.10 (2) (c) The appropriate section of the examining board shall grant a certificate of registration upon payment of the registration fee to any applicant who, in the opinion of the examining board appropriate section, has satisfactorily met all the applicable requirements of this chapter. The certificate shall authorize the practice of architecture, landscape architecture, or professional engineering, as appropriate.

AB547, s. 209 Section 209. 443.10 (2) (d) of the statutes is amended to read:

AB547,71,10 443.10 (2) (d) The granting of a certificate of registration by the appropriate section of the examining board shall be evidence that the person named in the certificate is entitled to all the rights and privileges of a registered architect, a registered landscape architect, or a registered professional engineer under the classification stated on the certificate, while the certificate remains unrevoked or unexpired.

AB547, s. 210 Section 210. 443.10 (2) (f) of the statutes is amended to read:

AB547,71,15 443.10 (2) (f) The professional engineer section of the examining board shall grant a certificate of record as engineer-in-training to any applicant who, in the opinion of the examining board professional engineer section, has satisfactorily met all the requirements of this section pertaining to engineers-in-training.

AB547, s. 211 Section 211. 443.10 (2) (h) of the statutes is amended to read:

AB547,71,21 443.10 (2) (h) Certificates of record as engineers-in-training shall expire on July 31st of the 10th year after their issuance unless extended by the professional engineer section of the examining board. An application for extension shall contain evidence satisfactory to the examining board professional engineer section that the applicant's professional experience has been delayed.

AB547, s. 212 Section 212. 443.10 (3) of the statutes is amended to read:

AB547,71,25 443.10 (3) Emergency rules; limitation. The No section of the examining board may not adopt or change, by emergency rule, any requirement for the registration of or issuance of a permit to any applicant under this chapter.

AB547, s. 213 Section 213. 443.10 (4) (a) and (b) of the statutes are amended to read:

AB547,72,6 443.10 (4) (a) A list, showing the names and addresses of all engineers-in-training certified by the professional engineer section of the examining board during the period from July 1 to June 30, shall be prepared each year by the examining board professional engineer section. The list shall be obtainable by purchase at cost.

AB547,72,14 (b) The Each section of the examining board shall keep a record of its proceedings together with a record of all other information pertaining to its proceedings as may be deemed necessary by that section of the examining board. The records of the each section of the examining board shall be prima facie evidence of the proceedings of that section of the examining board set forth in the records, and a transcript thereof, duly certified by the secretary of that section of the examining board under seal, shall be admissible in evidence with the same effect as if the original were produced.

AB547, s. 214 Section 214. 443.11 (1) (intro.) of the statutes is amended to read:

AB547,72,19 443.11 (1) (intro.) The appropriate section of the examining board may reprimand an architect, landscape architect, or professional engineer or limit, suspend, or revoke the certificate of registration of any registrant, and the certificate of record of any engineer-in-training, who is found guilty of:

AB547, s. 215 Section 215. 443.11 (1) (e) of the statutes is amended to read:

AB547,72,22 443.11 (1) (e) Any violation of the rules of professional conduct adopted and promulgated by that section of the examining board.

AB547, s. 216 Section 216. 443.11 (2) of the statutes is amended to read:

AB547,73,9 443.11 (2) The appropriate section of the examining board may reprimand a firm, partnership, or corporation holding a certificate of authorization issued under this chapter or may limit, suspend, or revoke such a certificate if any of the agents, employees, or officers of the firm, partnership, or corporation has committed any act or has been guilty of any conduct which would authorize a reprimand or a limitation, suspension, or revocation of the certificate of registration of a registrant or the certificate of record of an engineer-in-training under this chapter, unless the firm, partnership, or corporation submits evidence satisfactory to the appropriate section of the examining board that the agent, employee, or officer is not now practicing or offering to practice architecture, landscape architecture, or professional engineering in its behalf.

AB547, s. 217 Section 217. 443.11 (3) of the statutes is amended to read:

AB547,73,20 443.11 (3) Any person may make charges that any registrant, holder of a certificate of record as engineer-in-training or corporate holder of a certificate of authorization has committed an act for which a reprimand or limitation, suspension, or revocation of registration is authorized under sub. (1). Such charges shall be in writing, shall be sworn to by the person making them and shall be submitted to the appropriate section of the examining board. The appropriate section of the examining board may, on its own motion, make such charges. All charges, unless dismissed by the appropriate section of the examining board as unfounded or trivial, shall be heard by the appropriate section of the examining board, subject to the rules promulgated under s. 440.03 (1).

AB547, s. 218 Section 218. 443.11 (4) of the statutes is amended to read:

AB547,74,3 443.11 (4) If after a hearing under sub. (3), 3 members of a section of the examining board vote in favor of sustaining charges specified in sub. (3), the appropriate section of the examining board shall reprimand or limit, suspend, or revoke the certificate of registration of the registered architect, registered landscape architect, or registered professional engineer, the certificate of record of the holder of a certificate as engineer-in-training, or the certificate of authorization of a firm, partnership, or corporation.

AB547, s. 219 Section 219. 443.11 (5) of the statutes is amended to read:

AB547,74,6 443.11 (5) The action actions of each section of the examining board under this section shall be subject to review in the manner provided in ch. 227.

AB547, s. 220 Section 220. 443.11 (6) of the statutes is amended to read:

AB547,74,17 443.11 (6) The appropriate section of the examining board, for reasons the appropriate section of the examining board it considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any firm, partnership, or corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12, this section if 3 members of the section of the examining board vote in favor of such reissuance. Subject to the rules of the examining board, the appropriate section of the examining board may, upon payment of the required fee, issue a new certificate of registration, certificate of record or certificate of authorization, to replace any certificate that is revoked, lost, destroyed or mutilated.

AB547, s. 221 Section 221. 443.13 of the statutes is renumbered 443.13 (1) (intro.) and amended to read:

AB547,74,22 443.13 (1) (intro.) The designers' section of the examining board may limit, suspend, or revoke a permit or reprimand the permittee if the permittee is guilty of fraud any of the following:

AB547,74,23 (a) Fraud or deceit in obtaining the permit, gross.

AB547,74,24 (b) Gross negligence, incompetency, or misconduct in practice, signing.

AB547,75,2 (c) Signing documents not prepared by the permittee or under the permittee's control, knowingly.

AB547,75,5 (d) Knowingly aiding or abetting unauthorized designing of engineering systems as stated in s. 443.07 (3) by persons not granted permits under this chapter or conviction.

AB547,75,7 (e) Conviction of a felony, subject to ss. 111.321, 111.322, and 111.335, or adjudication of mental incompetency by a court of competent jurisdiction.

AB547,75,13 (2) If, after a hearing conducted under the rules promulgated under s. 440.03 (1) before the designers' section of the examining board, two-thirds of the members of the section vote in favor of sustaining the charges, the designers' section of the examining board shall reprimand the permittee or limit, suspend, or revoke the permit. The action of the designers' section of the examining board under this section is subject to review under ch. 227.

AB547, s. 222 Section 222. 443.14 (1) of the statutes is renumbered 443.14 (1) (a) and amended to read:

AB547,75,21 443.14 (1) (a) An employee of a person holding a certificate of registration in this state in architecture under s. 443.10 who is engaged in the practice of architecture or professional engineering and an employee of a person temporarily exempted from registration in architecture under this section, if the practice of the employee does not include responsible charge of architecture or professional engineering practice.

AB547, s. 223 Section 223. 443.14 (1) (b) of the statutes is created to read:

AB547,76,2 443.14 (1) (b) An employee of a person holding a certificate of registration in professional engineering under s. 443.10 who is engaged in the practice of professional engineering and an employee of a person temporarily exempted from registration in professional engineering under this section, if the practice of the employee does not include responsible charge of professional engineering practice.

AB547, s. 224 Section 224. 443.14 (4) of the statutes is renumbered 443.14 (4) (a) and amended to read:

AB547,76,12 443.14 (4) (a) Any person who practices architecture or professional engineering, exclusively as a regular employee of a private company or corporation, by rendering to the company or corporation architectural or professional engineering services in connection with its operations, so long as the person is thus actually and exclusively employed and no longer, if the company or corporation has at least one architect or professional engineer who is registered under this chapter in responsible charge of the company's or corporation's architectural or professional engineering work in this state.

AB547, s. 225 Section 225. 443.14 (4) (b) of the statutes is created to read:

AB547,76,20 443.14 (4) (b) Any person who practices professional engineering, exclusively as a regular employee of a private company or corporation, by rendering to the company or corporation professional engineering services in connection with its operations, so long as the person is thus actually and exclusively employed and no longer, if the company or corporation has at least one professional engineer who is registered under this chapter in responsible charge of the company's or corporation's professional engineering work in this state.

AB547, s. 226 Section 226. 443.18 (1) (a) of the statutes is amended to read:

AB547,77,12 443.18 (1) (a) Any person who practices or offers to practice architecture, landscape architecture, or professional engineering in this state, or who uses the term "architect," "landscape architect," or "professional engineer" as part of the person's business name or title, except as provided in s. 443.08 (6), or in any way represents himself or herself as an architect, landscape architect, or a professional engineer unless the person is registered or exempted in accordance with this chapter, or unless the person is the holder of an unexpired permit issued under s. 443.10 (1) (d), or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who gives any false or forged evidence of any kind to the examining board or to any section of the examining board or to any member of the examining board or to any member of any section of the examining board in obtaining a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, or violates any of the provisions of this section, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.

AB547, s. 227 Section 227. 443.18 (2) (a) and (b) of the statutes are amended to read:

AB547,77,24 443.18 (2) (a) If it appears upon complaint to the examining board or to any section of the examining board by any person, or is known to the examining board or to any section of the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture, landscape architecture, or professional engineering in this state, the appropriate section of the examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice architecture, landscape architecture, or professional engineering.

AB547,78,6 (b) If it appears upon complaint or is known to the land surveyor section of the examining board that any person who is not authorized is practicing or offering to practice land surveying in this state, the land surveyor section, the department of justice, or the district attorney of the proper county may, in addition to other remedies, bring action in the name and on behalf of the state to enjoin the person from practicing or offering to practice land surveying.

AB547, s. 228 Section 228. 445.06 of the statutes is amended to read:

AB547,78,22 445.06 Renewal of licenses. The renewal date for a funeral directors' director's license is specified under s. 440.08 (2) (a), and the renewal fee for such license is determined by the department under s. 440.03 (9) (a). Before any renewal license is delivered to any licensed funeral director, proof must be furnished by the applicant, to the satisfaction of the examining board, that the applicant is doing business at a recognized funeral establishment, except that if such applicant is not doing business at a recognized funeral establishment at the time of application for a license, the applicant shall be given a certificate, without additional cost, to the effect that the applicant is in good standing as a funeral director, and shall be entitled to a renewal license at any time during that license period, when located at a recognized funeral establishment, without payment of any additional renewal fee. The applicant must also furnish proof of completion of at least 15 hours of continuing education during the previous 2-year licensure period, except that new licensees are exempt from this requirement during the time between initial licensure and commencement of a full 2-year licensure period.

AB547, s. 229 Section 229. 448.63 (1) (d) 2. of the statutes is amended to read:

AB547,79,2 448.63 (1) (d) 2. That the applicant has completed 2 years of postgraduate training in a program approved by the affiliated credentialing board or one year of postgraduate training in a program approved by the affiliated credentialing board if the one-year postgraduate training was completed by June 1, 2010.

AB547, s. 230 Section 230. 450.02 (3m) (a) (intro.) of the statutes is amended to read:

AB547,79,6 450.02 (3m) (a) (intro.) The board or its designee may grant a variance to from a requirement of this chapter or to from a rule promulgated by the board if all of the following are true:

AB547, s. 231 Section 231. 450.02 (3m) (a) 4. of the statutes is created to read:

AB547,79,10 450.02 (3m) (a) 4. The requirement under this chapter or the rule specifically permits a variance or requires review and approval from the board prior to obtaining a variance.

AB547, s. 232 Section 232. 450.071 (1) of the statutes is amended to read:

AB547,79,20 450.071 (1) No person may engage in the wholesale distribution of a prescription drug in this state without obtaining a license from the board for each facility from which the person distributes prescription drugs. This section does not apply to a wholesale distributor if the only prescription drug the person distributes is oxygen. The board shall exempt a manufacturer that distributes prescription drugs or devices manufactured by the manufacturer from licensing and other requirements under this section to the extent the license or requirement is not required under federal law or regulation, unless the board determines that it is necessary to apply a requirement to a manufacturer.

AB547, s. 233 Section 233. 454.01 (5) (b) of the statutes is amended to read:

AB547,79,25 454.01 (5) (b) Massaging, cleansing, stimulating, manipulating, wrapping, exercising, beautifying or applying cosmetic preparations, antiseptics, powders, oils, tonics, clay or lotion to or performing other similar work upon the skin of any person Aesthetics.

AB547, s. 234 Section 234. 454.08 (2) (a) of the statutes is amended to read:

AB547,80,4 454.08 (2) (a) A barber barbering or cosmetologist cosmetology establishment license which authorizes the practice of barbering or cosmetology, aesthetics, electrology and manicuring in the licensed establishment.

AB547, s. 235 Section 235. 457.02 (5) of the statutes is repealed.

AB547, s. 236 Section 236. 459.12 (1) of the statutes is amended to read: