SB453: Bill Text

SB453, s. 212 Section 212. 443.10 (3) of the statutes is amended to read:

SB453,71,25 443.10 (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.

SB453, s. 213 Section 213. 443.10 (4) (a) and (b) of the statutes are amended to read:

SB453,72,6 443.10 (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.

SB453,72,14 (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.

SB453, s. 214 Section 214. 443.11 (1) (intro.) of the statutes is amended to read:

SB453,72,19 443.11 (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:

SB453, s. 215 Section 215. 443.11 (1) (e) of the statutes is amended to read:

SB453,72,22 443.11 (1) (e) Any violation of the rules of professional conduct adopted and promulgated by that section of the examining board.

SB453, s. 216 Section 216. 443.11 (2) of the statutes is amended to read:

SB453,73,9 443.11 (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.

SB453, s. 217 Section 217. 443.11 (3) of the statutes is amended to read:

SB453,73,20 443.11 (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).

SB453, s. 218 Section 218. 443.11 (4) of the statutes is amended to read:

SB453,74,3 443.11 (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.

SB453, s. 219 Section 219. 443.11 (5) of the statutes is amended to read:

SB453,74,6 443.11 (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.

SB453, s. 220 Section 220. 443.11 (6) of the statutes is amended to read:

SB453,74,17 443.11 (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.

SB453, s. 221 Section 221. 443.13 of the statutes is renumbered 443.13 (1) (intro.) and amended to read:

SB453,74,22 443.13 (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:

SB453,74,23 (a) Fraud or deceit in obtaining the permit, gross.

SB453,74,24 (b) Gross negligence, incompetency, or misconduct in practice, signing.

SB453,75,2 (c) Signing documents not prepared by the permittee or under the permittee's control, knowingly.

SB453,75,5 (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.

SB453,75,7 (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.

SB453,75,13 (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.

SB453, s. 222 Section 222. 443.14 (1) of the statutes is renumbered 443.14 (1) (a) and amended to read:

SB453,75,21 443.14 (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.

SB453, s. 223 Section 223. 443.14 (1) (b) of the statutes is created to read:

SB453,76,2 443.14 (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.

SB453, s. 224 Section 224. 443.14 (4) of the statutes is renumbered 443.14 (4) (a) and amended to read:

SB453,76,12 443.14 (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.

SB453, s. 225 Section 225. 443.14 (4) (b) of the statutes is created to read:

SB453,76,20 443.14 (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.

SB453, s. 226 Section 226. 443.18 (1) (a) of the statutes is amended to read:

SB453,77,12 443.18 (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.

SB453, s. 227 Section 227. 443.18 (2) (a) and (b) of the statutes are amended to read:

SB453,77,24 443.18 (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.

SB453,78,6 (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.

SB453, s. 228 Section 228. 445.06 of the statutes is amended to read:

SB453,78,22 445.06 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.

SB453, s. 229 Section 229. 448.63 (1) (d) 2. of the statutes is amended to read:

SB453,79,2 448.63 (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.

SB453, s. 230 Section 230. 450.02 (3m) (a) (intro.) of the statutes is amended to read:

SB453,79,6 450.02 (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:

SB453, s. 231 Section 231. 450.02 (3m) (a) 4. of the statutes is created to read:

SB453,79,10 450.02 (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.

SB453, s. 232 Section 232. 450.071 (1) of the statutes is amended to read:

SB453,79,20 450.071 (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.

SB453, s. 233 Section 233. 454.01 (5) (b) of the statutes is amended to read:

SB453,79,25 454.01 (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.

SB453, s. 234 Section 234. 454.08 (2) (a) of the statutes is amended to read:

SB453,80,4 454.08 (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.

SB453, s. 235 Section 235. 457.02 (5) of the statutes is repealed.

SB453, s. 236 Section 236. 459.12 (1) of the statutes is amended to read:

SB453,80,8 459.12 (1) The examining board may make rules not inconsistent with the laws of this state which are necessary to carry out the intent of this subchapter chapter.

SB453, s. 237 Section 237. 961.23 (5) of the statutes is amended to read:

SB453,80,14 961.23 (5) No person may purchase more than 8 ounces 227 grams of a product containing opium or more than 4 ounces 113 grams of a product containing any other schedule V substance within a 48-hour period without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

SB453, s. 238 Section 238. 961.23 (7) of the statutes is amended to read:

SB453,80,21 961.23 (7) No person other than a physician, dentist, veterinarian, or pharmacist may possess more than 8 ounces 227 grams of a product containing opium or more than 4 ounces 113 grams of a product containing any other schedule V substance at any time without the authorization of a physician, dentist, or veterinarian. This subsection does not apply to a pseudoephedrine product unless it contains another schedule V substance.

SB453, s. 239 Section 239 . Nonstatutory provisions.

SB453,80,24 (1) Appointments of members of the dwelling code council upon expiration of terms.

SB453,80,25 (a) In this subsection, "council" means the dwelling code council.

SB453,81,7 (b) Notwithstanding the number of members specified for the council under section 15.407 (10) (a) of the statutes, as affected by this act, any member who is serving on the council on the day before the effective date of this paragraph may continue to serve as a member of the council under section 15.407 (10) (a) of the statutes, as affected by this act, for the term for which the member was appointed. During any period of time when the membership of the council exceeds 7 members, a majority of the members of the council shall constitute a quorum.

SB453, s. 240 Section 240. Initial applicability.

SB453,81,12 (1) Licensure as funeral director. The treatment of section 445.06 of the statutes first applies to applications for initial licensure as a licensed funeral director that are received by the funeral directors examining board on the effective date of this subsection.

SB453, s. 241 Section 241. Effective dates. This act takes effect on the 30th day after the day of publication, except as follows:

SB453,81,15 (1) Section 239 of this act takes effect on the day after publication.

SB453,81,16 (End)