AB433: Bill Text

AB433,8,2 101.983 (4) Municipalities as agents. The department may appoint a city or village as its agent to do any of the following:

AB433,8,3 (a) Issue approvals under sub. (1) (a).

AB433,8,4 (b) Issue or renew permits under sub. (2) (a).

AB433,8,6 (c) Conduct inspections and prepare inspection reports as provided under sub. (2) (c) and sub. (3).

AB433,8,7 (d) Give notice and provide instruction as required under sub. (2) (d).

AB433,18 Section 18. 101.984 (3) of the statutes is amended to read:

AB433,8,13 101.984 (3) Elevator inspector. No individual may perform an elevator inspection of a conveyance in this state unless the individual is licensed as an elevator inspector under s. 101.985 (3) and holds a certification as an elevator inspector issued by a person approved by the American Society of Mechanical Engineers.

AB433,19 Section 19. 101.985 (3) of the statutes is amended to read:

AB433,8,20 101.985 (3) Elevator inspector. The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services of conveyances as required under s. 101.983 (2). The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.

AB433,20 Section 20. 101.985 (5) (b) 1. of the statutes is amended to read:

AB433,9,4 101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an An applicant for renewal of a license under sub. (1), (2) (ab), (ad), or (b), or (3) shall provide to the department a certificate indicating that, during the one-year period before the date on which the applicant's license expires 2-year term of the license, the applicant has satisfactorily met the education requirements established by rule under subd. 2. If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.

AB433,21 Section 21. 101.985 (5) (b) 2. b. of the statutes is amended to read:

AB433,9,7 101.985 (5) (b) 2. b. The number of hours of education required on an annual basis.

AB433,22 Section 22. 145.01 (5) of the statutes is amended to read:

AB433,9,14 145.01 (5) Governmental unit responsible for regulation of private on-site wastewater treatment systems. "Governmental unit responsible for the regulation of private on-site wastewater treatment systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of 500,000 750,000 or more these terms mean the city, village or town where the private on-site wastewater treatment system is located.

AB433,23 Section 23. 255.35 (1m) (g) of the statutes is amended to read:

AB433,9,17 255.35 (1m) (g) "School of pharmacy" means a school of pharmacy that is accredited by the American Accreditation Council on Pharmaceutical Education.

AB433,24 Section 24. 440.03 (13) (c) of the statutes is amended to read:

AB433,9,25 440.03 (13) (c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17), an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

AB433,25 Section 25. 440.20 (5) of the statutes is created to read:

AB433,10,13 440.20 (5) In addition to any grounds for discipline specified in chs. 440 to 480, the department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder.

AB433,26 Section 26. 440.974 (2) of the statutes is amended to read:

AB433,10,18 440.974 (2) The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least 20 40 hours of continuing education during each calendar year every 2 years.

AB433,27 Section 27. 441.01 (4) of the statutes is amended to read:

AB433,10,24 441.01 (4) The board shall direct that those schools which that qualify be placed on the accredited a list of schools the board has approved for professional nurses or of schools the board has approved for licensed practical nurses on application and proof of qualifications; and shall make a study of nursing education and initiate rules and policies to improve it.

AB433,28 Section 28. 441.04 of the statutes is amended to read:

AB433,11,10 441.04 Requisites for examination as a registered nurse. Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, holds a diploma of graduation from an accredited a school of nursing approved by the board or that the board has authorized to admit students pending approval, and, if the that school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse,; and upon payment of the fee specified under s. 440.05 (1), that person shall be entitled to examination.

AB433,29 Section 29. 441.08 of the statutes is amended to read:

AB433,11,21 441.08 Temporary permit. A nurse who has graduated from an accredited a school approved by the board or that the board has authorized to admit students pending approval but who is not licensed in this state may be granted a temporary permit upon payment of the fee specified in s. 440.05 (6) by the board to practice for compensation until the nurse can qualify for licensure. The temporary permit may be renewed once. Each applicant for renewal of a temporary permit under this section shall complete the nursing workforce survey and pay the fee required under s. 441.01 (7). Further renewals may be granted in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.

AB433,30 Section 30. 441.10 (1) of the statutes is amended to read:

AB433,12,7 441.10 (1) Prerequisites for examination as licensed practical nurses. A person who is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, has completed 2 years of high school or its equivalent as determined by the board, and holds a diploma of graduation from an accredited a school for licensed practical nurses approved by that the board or that the board has authorized to admit students pending approval, may apply to the board for licensing as a licensed practical nurse,; and, upon payment of the examination fee specified in s. 440.05 (1), that person shall be entitled to take an examination. Any school for licensed practical nurses, in order to be accredited approved by the board, must offer a course of not less than 9 months.

AB433,31 Section 31. 441.10 (3) (e) of the statutes is amended to read:

AB433,12,15 441.10 (3) (e) The board may grant a temporary permit to a practical nurse who has graduated from an accredited a school approved by the board or that the board has authorized to admit students pending approval but who is not licensed in this state, upon payment of the fee specified in s. 440.05 (6), to practice for compensation until the practical nurse qualifies for licensure. The board may grant further renewals in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.

AB433,32 Section 32. 441.115 (1) of the statutes is amended to read:

AB433,12,23 441.115 (1) This chapter shall may not be construed to affect nursing by friends, members of the family, or undergraduates in an accredited a school approved by the board, nor be construed to interfere with members of religious communities or orders having charge of hospitals or taking care of the sick in their homes, except that none of such excepted those persons while engaged in such activities shall may represent himself or herself as a registered, trained, certified, or graduate nurse unless registered under this subchapter.

AB433,33 Section 33. 441.12 (2) of the statutes is amended to read:

AB433,13,7 441.12 (2) No person shall may operate in this state a school for professional nurses or a school for practical nurses unless the same shall be accredited school is approved by the board. No solicitation shall may be made in this state of the sale of, or registration in, a course by correspondence or conducted without outside of the state for practical nurses unless all written material used in such the solicitation plainly states in type as large as any other type on the material that the course is not accredited in this state approved by the board for training of practical nurses.

AB433,34 Section 34. 450.035 (1r) of the statutes is amended to read:

AB433,13,17 450.035 (1r) A pharmacist may not administer by injection a prescribed drug product or device unless he or she has successfully completed a course of study and training in injection technique conducted by a course provider approved by the American Accreditation Council on Pharmaceutical Education or the board. A pharmacist may administer a prescribed drug product or device under this subsection only in the course of teaching self-administration techniques to a patient. A pharmacist who administers a prescribed drug product or device under this subsection shall comply with the requirements and procedures established in rules promulgated by the board under s. 450.02 (2g) (b).

AB433,35 Section 35. 450.035 (1t) of the statutes is amended to read:

AB433,14,7 450.035 (1t) A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may not administer a prescribed drug product or device unless he or she has successfully completed a course of study and training in administration technique conducted by a course provider approved by the American Accreditation Council on Pharmaceutical Education or the board. A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may administer a prescribed drug product or device under this subsection only under the direct supervision of a pharmacist who has successfully completed a course of study and training in administration technique conducted by a course provider approved by the American Accreditation Council on Pharmaceutical Education or the board, and only in the course of teaching self-administration techniques to a patient. A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) who administers a prescribed drug product or device under this subsection shall comply with the requirements and procedures established in rules promulgated by the board under s. 450.02 (2g) (b).

AB433,36 Section 36. 450.035 (2) of the statutes is amended to read:

AB433,14,15 450.035 (2) A pharmacist may not administer a vaccine unless he or she has successfully completed 12 hours in a course of study and training, approved by the American Accreditation Council on Pharmaceutical Education or the board, in vaccination storage, protocols, administration technique, emergency procedures, and record keeping and has satisfied the requirements specified in sub. (2t). A pharmacist may not administer a vaccine under this subsection to a person who is under the age of 6.

AB433,37 Section 37. 450.035 (2g) of the statutes is amended to read:

AB433,15,2 450.035 (2g) A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may not administer a vaccine unless he or she acts under the direct supervision of a pharmacist and he or she and the supervising pharmacist have successfully completed 12 hours in a course of study and training, approved by the American Accreditation Council on Pharmaceutical Education or the board, in vaccination storage, protocols, administration technique, emergency procedures, and record keeping and the supervising pharmacist has satisfied the requirements specified in sub. (2t). A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may not administer a vaccine under this subsection to a person who is under the age of 18.

AB433,38 Section 38. 450.05 of the statutes is amended to read:

AB433,15,15 450.05 Pharmacist licensed in other state; licensure. The board may, upon application and payment of the fee specified in s. 440.05 (2), license as a pharmacist any person who is licensed in another state if the person produces satisfactory evidence of having met requirements comparable to those that existed in this state at the time the person became licensed in the other state. The board shall not may deny a license as a pharmacist under this section to any person whose license to practice pharmacy in another state has been voluntarily surrendered, limited, suspended, or revoked. The board may require an applicant under this section to pass an equivalency examination administered by the board. If the board requires an equivalency examination, any person licensed as a pharmacist in another state who is engaged in the active practice of pharmacy may only be required to pass an examination on state and federal laws, rules, and regulations.

AB433,39 Section 39. 450.08 (1) of the statutes is amended to read:

AB433,15,19 450.08 (1) The renewal date for all licenses granted by the board is specified under s. 440.08 (2) (a). Only Except as provided under sub. (2) (a), only a holder of an unexpired license may engage in his or her licensed activity.

AB433,40 Section 40. 450.08 (2) (a) of the statutes is amended to read:

AB433,16,4 450.08 (2) (a) A pharmacist's license may be renewed by complying with continuing education requirements under s. 450.085 and paying the applicable fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a). Failure Notwithstanding s. 440.08 (3) (a), if a pharmacist fails to obtain renewal within the time period specified under this paragraph terminates the right of the person to be licensed as a pharmacist by that date, the board may suspend the pharmacist's license, and such right can only be acquired by passing the board may require the pharmacist to pass an examination to the satisfaction of the board to restore that license.

AB433,41 Section 41. 450.085 (1) of the statutes is amended to read:

AB433,16,14 450.085 (1) An applicant for renewal of a license under s. 450.08 (2) (a) shall submit proof that he or she has completed, within the 2-year period immediately preceding the date of his or her application, 30 hours of continuing education in courses conducted by a provider that is approved by the American Accreditation Council on Pharmaceutical Education or in courses approved by the board. Courses specified in s. 450.035 (1r) and (2) are courses in continuing education for purposes of this subsection. This subsection does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.

AB433,42 Section 42. 450.19 (1) (a) of the statutes, as affected by 2013 Wisconsin Act 3, is renumbered 450.19 (1) (ar).

AB433,43 Section 43. 450.19 (1) (b) of the statutes, as affected by 2013 Wisconsin Act 3, is renumbered 450.19 (1) (ag) and amended to read:

AB433,16,21 450.19 (1) (ag) "Prescription Monitored prescription drug" means a substance identified in s. 961.16 or, 961.18, 961.20, or 961.22 or a drug identified by the board by rule as having a substantial potential for abuse.

AB433,44 Section 44. 450.19 (2) (intro.) of the statutes is amended to read:

AB433,16,25 450.19 (2) (intro.) The board shall establish by rule a program for monitoring the dispensing of monitored prescription drugs. The program shall do all of the following:

AB433,45 Section 45. 450.19 (2) (a) of the statutes is renumbered 450.19 (2) (a) (intro.) and amended to read:

AB433,17,8 450.19 (2) (a) (intro.) Require a pharmacist pharmacy or a practitioner to generate a record documenting each dispensing of a monitored prescription drug at the pharmacy or, if the monitored prescription drug is not dispensed at a pharmacy, by the practitioner and to deliver the record to the board, except that the program may not require the generation of a record when a in any of the following circumstances:

AB433,17,9 1. A monitored prescription drug is administered directly to a patient.

AB433,46 Section 46. 450.19 (2) (a) 2. of the statutes is created to read:

AB433,17,12 450.19 (2) (a) 2. A monitored prescription drug is compounded, packaged, or labeled in preparation for delivery but is not delivered.

AB433,47 Section 47. 450.19 (2) (a) 3. of the statutes is created to read:

AB433,17,17 450.19 (2) (a) 3. The prescription order is for a monitored prescription drug that is a substance listed in the schedule in s. 961.22 and is not a narcotic drug, as defined in s. 961.01 (15), and the prescription order is for a number of doses that is intended to last the patient 7 days or less.

AB433,48 Section 48. 450.19 (2) (b) of the statutes is amended to read:

AB433,17,23 450.19 (2) (b) Identify specific data elements to be contained in a record documenting the dispensing of a monitored prescription drug. In identifying specific data elements, the board shall consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.

AB433,49 Section 49. 450.19 (2) (d) of the statutes is amended to read:

AB433,18,3 450.19 (2) (d) Specify a secure electronic format for delivery of a record generated under the program and authorize the board to grant a pharmacist pharmacy or practitioner a waiver of the specified format.

AB433,50 Section 50. 450.19 (2) (f) of the statutes is amended to read:

AB433,18,6 450.19 (2) (f) Specify a penalty the discipline for failure to comply with rules promulgated under this subsection.

AB433,51 Section 51. 450.19 (3) (a) of the statutes is amended to read:

AB433,18,11 450.19 (3) (a) A pharmacy, pharmacist , or practitioner is immune from civil or criminal liability or professional discipline arising from the pharmacy's, pharmacist's, or practitioner's compliance in good faith with this section or with rules promulgated under this section.

AB433,52 Section 52. 450.19 (3) (b) of the statutes is amended to read:

AB433,18,16 450.19 (3) (b) Nothing in this section may be construed to require a pharmacy, pharmacist, or practitioner to obtain, before prescribing or dispensing a monitored prescription drug to a patient, information about the patient that has been collected pursuant to the program described established under sub. (2).

AB433,53 Section 53. 452.01 (4) of the statutes is amended to read:

AB433,18,22 452.01 (4) "Disciplinary proceeding" means a proceeding against one or more licensees or registrants in which the board may revoke, suspend, or limit a license or registration, reprimand a licensee or registrant, issue a private letter of warning to a licensee or registrant, or assess a forfeiture or require education or training under s. 452.14 (4m).

AB433,54 Section 54. 452.14 (4m) (intro.) of the statutes is amended to read:

AB433,19,3 452.14 (4m) (intro.) In addition to or in lieu of a reprimand, the issuance of a private letter of warning or a revocation, limitation, or suspension of a license or certificate of registration under sub. (3), the board may do any of the following:

AB433,55 Section 55. Initial applicability.

AB433,19,7 (1) The treatment of section 101.985 (5) (b) 1. and 2. b. of the statutes first applies to applications for renewals of licenses that are submitted to the department on the effective date of this subsection.

AB433,19,8 (End)