SB345: Bill Text

LRB-2615/3

MPG&MGG:sac:jm

2013 - 2014 LEGISLATURE

2013 Senate BILL 345

October 14, 2013 - Introduced by Senators Lasee, Cowles and Grothman, cosponsored by Representatives Kooyenga, Nygren, Craig, LeMahieu, Marklein, Kleefisch, Tittl, Petryk, Bies, Williams and Strachota. Referred to Committee on Health and Human Services.

SB345,2,5 An Act to renumber 450.19 (1) (a); to renumber and amend 450.19 (1) (b) and 450.19 (2) (a); to amend 15.405 (2) (a), 15.405 (17), 101.983 (title), 101.983 (1) (a), 101.983 (1) (b), 101.983 (1) (c) (intro.), 101.983 (1) (c) 1., 101.983 (1) (c) 2., 101.983 (1) (c) 3., 101.983 (1) (d) (intro.), 101.983 (1) (d) 1., 101.983 (1) (d) 2., 101.983 (2) (a), 101.983 (2) (c), 101.983 (3), 101.984 (3), 101.985 (3), 101.985 (5) (b) 1., 101.985 (5) (b) 2. b., 145.01 (5), 255.35 (1m) (g), 440.03 (13) (c), 440.974 (2), 441.01 (4), 441.04, 441.08, 441.10 (1), 441.10 (3) (e), 441.115 (1), 441.12 (2), 450.035 (1r), 450.035 (1t), 450.035 (2), 450.035 (2g), 450.05, 450.08 (1), 450.08 (2) (a), 450.085 (1), 450.19 (2) (intro.), 450.19 (2) (b), 450.19 (2) (d), 450.19 (2) (f), 450.19 (3) (a), 450.19 (3) (b), 452.01 (4) and 452.14 (4m) (intro.); to repeal and recreate 101.983 (2) (title); and to create 101.983 (4), 440.20 (5), 450.19 (2) (a) 2. and 450.19 (2) (a) 3. of the statutes; relating to: the authority and responsibilities of the Department of Safety and Professional Services and the various boards under that department, the membership of the Cosmetology Examining Board, professional licensure of pharmacists, the Pharmacy Examining Board's operation of the prescription drug monitoring program, authorizing the construction, installation, alteration, operation, and inspection of elevators and other similar conveyances, and licensing requirements for elevator mechanics, inspectors, and contractors.

Analysis by the Legislative Reference Bureau

Professional Regulation

This bill makes a number of changes to the laws governing professional regulation in Wisconsin, including the following:

1. Under current law, the Department of Safety and Professional Services (DSPS) is required to take the fingerprints of an applicant for a private detective license or a private security permit, an applicant for a juvenile martial arts instructor permit, and a person for whom DSPS conducts an investigation into the person's criminal history. Current law authorizes DSPS to submit the fingerprints to the federal bureau of investigation.

Under the bill, DSPS must also take the fingerprints of an applicant for a real estate appraiser certification or license, and the bill requires DSPS to submit the fingerprints of an applicant for a real estate appraiser certification or license to the federal bureau of investigation.

2. The bill authorizes DSPS or the appropriate board to reprimand a credential holder, or deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department or the appropriate board, within 30 days to a request for information from the department or board in connection with an investigation of alleged misconduct of the credential holder.

3. Under current law, no more than two members of the Cosmetology Examining Board may be affiliated with a cosmetology school. The bill increases that number to four.

4. Current law prohibits the Pharmacy Examining Board from issuing a license to practice pharmacy in this state to a person who is licensed in another state if that person has had a license to practice pharmacy in another state voluntarily surrendered, limited, suspended, or revoked. The bill gives the Pharmacy Examining Board discretion to grant or deny a license to practice pharmacy in this state to such a person.

5. Under current law, a pharmacist may renew his or her license by satisfying certain continuing education requirements and paying the required renewal fee on or before the renewal date. If a pharmacist fails to renew his or her license by the renewal date, the pharmacist may not practice pharmacy unless the pharmacist passes an examination to the satisfaction of the Pharmacy Examining Board.

The bill authorizes, but does not require, the board to suspend a pharmacist's license if the pharmacist fails to renew his or her license by the renewal date, and the bill authorizes, but does not require, the Pharmacy Examining Board to require the pharmacist to pass an examination to restore the pharmacist's license.

6. Current law requires the Pharmacy Examining Board to establish a prescription drug monitoring program. Under the program, a pharmacist or other practitioner must generate a record documenting the dispensing of each prescription drug that is subject to the program, generally certain controlled substances or other drugs the Pharmacy Examining Board identifies as having a substantial potential for abuse. The pharmacist or practitioner must then deliver that record to the Pharmacy Examining Board.

This bill applies the requirements of the prescription drug monitoring program to pharmacies instead of pharmacists and to any practitioner who dispenses a prescription drug subject to the program outside of a pharmacy. The bill also creates an exemption from the prescription drug monitoring program for a schedule V controlled substance if the substance is not a narcotic and the prescription order is for a number of doses that is intended to last the patient seven days or less.

Buildings and Safety

This bill contains various changes to current law that governs the construction, installation, alteration, operation, and inspection of elevators and other lifts that move people and things. The changes include the following:

1. Authorizes cities and villages to issue permits to construct, install, or alter elevators and lifts and changes the term used in the statutes for this type of permit from "permit" to "approval."

2. Authorizes cities and villages to issue and renew operating permits for elevators and lifts and to conduct inspections for purposes of issuing and renewing these permits.

3. Changes current law as to when a licensed elevator mechanic or inspector must satisfy the applicable continuing education requirements and eliminates the continuing legal education requirements for elevator contractors.

4. Eliminates the requirement that an elevator inspector hold a certification issued by an entity approved by the American Society of Mechanical Engineers.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB345,1 Section 1. 15.405 (2) (a) of the statutes is amended to read:

SB345,4,3 15.405 (2) (a) In operation, the examining board shall be divided into an architect section, a landscape architect section, an a professional engineer section, a designer section and a land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.

SB345,2 Section 2. 15.405 (17) of the statutes is amended to read:

SB345,4,13 15.405 (17) Cosmetology examining board. There is created a cosmetology examining board in the department of safety and professional services. The cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed aestheticians or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of cosmetology, one member shall be a representative of a public school of cosmetology and one member shall be a licensed electrologist. Except for the 2 No more than 4 members representing schools, no member may be connected with or have any financial interest in a cosmetology school.

SB345,3 Section 3. 101.983 (title) of the statutes is amended to read:

SB345,4,16 101.983 (title) Conveyance Approvals and permits for conveyances required.

SB345,4 Section 4. 101.983 (1) (a) of the statutes is amended to read:

SB345,4,21 101.983 (1) (a) Permit Approval required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s. 101.985 (1) has received a permit an approval for the construction, installation, or alteration from the department.

SB345,5 Section 5. 101.983 (1) (b) of the statutes is amended to read:

SB345,5,10 101.983 (1) (b) Application. A person applying for a permit an approval under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s. 101.12 (1) to avoid duplicative filing of information.

SB345,6 Section 6. 101.983 (1) (c) (intro.) of the statutes is amended to read:

SB345,5,13 101.983 (1) (c) Revocation. (intro.) The department may revoke a permit an approval issued under this subsection if the department finds any of the following:

SB345,7 Section 7. 101.983 (1) (c) 1. of the statutes is amended to read:

SB345,5,17 101.983 (1) (c) 1. That information submitted under par. (b) by the person obtaining the permit approval contains false statements or misrepresentations of material fact.

SB345,8 Section 8. 101.983 (1) (c) 2. of the statutes is amended to read:

SB345,5,19 101.983 (1) (c) 2. That the permit approval was issued in error.

SB345,9 Section 9. 101.983 (1) (c) 3. of the statutes is amended to read:

SB345,5,24 101.983 (1) (c) 3. That the work performed under the permit approval is not consistent with information submitted under par. (b) by the person obtaining the permit approval or is in violation of this subchapter or rules promulgated under this subchapter.

SB345,10 Section 10. 101.983 (1) (d) (intro.) of the statutes is amended to read:

SB345,6,2 101.983 (1) (d) Expiration. (intro.) A permit An approval issued under this subsection expires under any of the following circumstances:

SB345,11 Section 11. 101.983 (1) (d) 1. of the statutes is amended to read:

SB345,6,7 101.983 (1) (d) 1. If the work authorized under the permit approval is not commenced within 6 months after the date on which the permit approval is issued, or within a shorter period of time as specified by the department at the time the permit approval is issued.

SB345,12 Section 12. 101.983 (1) (d) 2. of the statutes is amended to read: