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 1Section 1. 15.405 (2) (a) of the statutes is amended to read:
SB345,4,32 15.405 (2) (a) In operation, the examining board shall be divided into an
3architect section, a landscape architect section, an a professional engineer section,
4a designer section and a land surveyor section. Each section shall consist of the 3

1members of the named profession appointed to the examining board and 2 public
2members appointed to the section. The examining board shall elect its own officers,
3and shall meet at least twice annually.
SB345,2 4Section 2. 15.405 (17) of the statutes is amended to read:
SB345,4,135 15.405 (17) Cosmetology examining board. There is created a cosmetology
6examining board in the department of safety and professional services. The
7cosmetology examining board shall consist of 9 members appointed for 4-year terms.
8Four members shall be licensed aestheticians or cosmetologists, 2 members shall be
9public members, one member shall be a representative of a private school of
10cosmetology, one member shall be a representative of a public school of cosmetology
11and one member shall be a licensed electrologist. Except for the 2 No more than 4
12members representing schools, no member may be connected with or have any
13financial interest in a cosmetology school.
SB345,3 14Section 3. 101.983 (title) of the statutes is amended to read:
SB345,4,16 15101.983 (title) Conveyance Approvals and permits for conveyances
16required.
SB345,4 17Section 4. 101.983 (1) (a) of the statutes is amended to read:
SB345,4,2118 101.983 (1) (a) Permit Approval required. No person may construct, install, or
19alter a conveyance in this state unless an elevator contractor licensed by the
20department under s. 101.985 (1) has received a permit an approval for the
21construction, installation, or alteration from the department.
SB345,5 22Section 5. 101.983 (1) (b) of the statutes is amended to read:
SB345,5,1023 101.983 (1) (b) Application. A person applying for a permit an approval under
24par. (a) shall include, along with the application, copies of specifications and
25accurately scaled and fully dimensioned plans showing the location of the

1construction, installation, or alteration in relation to the plans and elevation of the
2building; the location of the applicable machinery room, if any, and the equipment
3to be constructed, installed, or altered; and all structural supporting members
4relevant to the construction, installation, or alteration, including foundations. The
5specifications and plans shall be sufficiently complete to illustrate all details of
6design and construction, installation, or alteration. The application shall specify all
7materials to be used and all loads to be supported or conveyed. The department may
8authorize a person to include the application and other information required under
9this paragraph with any submission required under s. 101.12 (1) to avoid duplicative
10filing of information.
SB345,6 11Section 6. 101.983 (1) (c) (intro.) of the statutes is amended to read:
SB345,5,1312 101.983 (1) (c) Revocation. (intro.) The department may revoke a permit an
13approval issued under this subsection if the department finds any of the following:
SB345,7 14Section 7. 101.983 (1) (c) 1. of the statutes is amended to read:
SB345,5,1715 101.983 (1) (c) 1. That information submitted under par. (b) by the person
16obtaining the permit approval contains false statements or misrepresentations of
17material fact.
SB345,8 18Section 8. 101.983 (1) (c) 2. of the statutes is amended to read:
SB345,5,1919 101.983 (1) (c) 2. That the permit approval was issued in error.
SB345,9 20Section 9. 101.983 (1) (c) 3. of the statutes is amended to read:
SB345,5,2421 101.983 (1) (c) 3. That the work performed under the permit approval is not
22consistent with information submitted under par. (b) by the person obtaining the
23permit approval or is in violation of this subchapter or rules promulgated under this
24subchapter.
SB345,10 25Section 10. 101.983 (1) (d) (intro.) of the statutes is amended to read:
SB345,6,2
1101.983 (1) (d) Expiration. (intro.) A permit An approval issued under this
2subsection expires under any of the following circumstances:
SB345,11 3Section 11. 101.983 (1) (d) 1. of the statutes is amended to read:
SB345,6,74 101.983 (1) (d) 1. If the work authorized under the permit approval is not
5commenced within 6 months after the date on which the permit approval is issued,
6or within a shorter period of time as specified by the department at the time the
7permit approval is issued.
SB345,12 8Section 12. 101.983 (1) (d) 2. of the statutes is amended to read:
SB345,6,129 101.983 (1) (d) 2. If the work authorized under the permit approval is
10suspended or abandoned for 60 consecutive days at any time following the
11commencement of the work, or for a shorter period of time as specified by the
12department at the time the permit approval is issued.
SB345,13 13Section 13. 101.983 (2) (title) of the statutes, as affected by 2013 Wisconsin
14Act 20
, is repealed and recreated to read:
SB345,6,1515 101.983 (2) (title) Operating permits; inspections.
SB345,14 16Section 14. 101.983 (2) (a) of the statutes is amended to read:
SB345,6,2117 101.983 (2) (a) Permit Operating permit required. No person may allow a
18conveyance to be operated on property owned by the person unless the person has
19received a permit for the under this subsection from the department that authorizes
20its
operation from the department. The department may not issue a permit required
21under this paragraph until all inspections required under par. (c) are completed
.
SB345,15 22Section 15. 101.983 (2) (c) of the statutes is amended to read:
SB345,7,823 101.983 (2) (c) Inspections. The department may not issue or renew a permit
24for a conveyance under this subsection unless the department has received or an
25independent inspector has conducted an inspection of the conveyance and has

1prepared
an inspection report for certifying that the conveyance issued by an
2elevator inspector licensed under s. 101.985 (3) indicating that the conveyance

3complies with this subchapter and any applicable rules promulgated under this
4subchapter. This inspection by the department does not exempt the owner from the
5requirement to ensure that the department receives an inspection report from a
6licensed elevator inspector. Upon performing this inspection, the
Any inspection
7under this subsection or sub. (3) shall be performed by an inspector who is licensed
8under s. 101.985 (3).
SB345,7,13 9(d) Instruction on operation. When issuing or renewing a permit under this
10subsection, the
department shall give the owner notice of relevant conveyance safety
11requirements and shall instruct the owner as to the procedure for obtaining periodic
12inspections and renewing the permit under which the lift or equipment conveyance
13is operated.
SB345,16 14Section 16. 101.983 (3) of the statutes, as created by 2013 Wisconsin Act 20,
15is amended to read:
SB345,7,2316 101.983 (3) Inspections; individual residential dwelling units. No owner of
17a residence may sell or otherwise transfer an individual residential dwelling unit
18that is served by a dumbwaiter or an elevator unless the owner provides the
19purchaser or transferee, prior to the sale or transfer of the property, with an
20inspection report from an elevator inspector licensed under s. 101.985 (3) prepared
21by
the department or an independent inspector that indicates that the dumbwaiter
22or elevator complies with this subchapter and any applicable rules promulgated
23under this subchapter.
SB345,17 24Section 17. 101.983 (4) of the statutes is created to read:
SB345,8,2
1101.983 (4) Municipalities as agents. The department may appoint a city or
2village as its agent to do any of the following:
SB345,8,33 (a) Issue approvals under sub. (1) (a).
SB345,8,44 (b) Issue or renew permits under sub. (2) (a).
SB345,8,65 (c) Conduct inspections and prepare inspection reports as provided under sub.
6(2) (c) and sub. (3).
SB345,8,77 (d) Give notice and provide instruction as required under sub. (2) (d).
SB345,18 8Section 18. 101.984 (3) of the statutes is amended to read:
SB345,8,139 101.984 (3) Elevator inspector. No individual may perform an elevator
10inspection of a conveyance in this state unless the individual is licensed as an
11elevator inspector under s. 101.985 (3) and holds a certification as an elevator
12inspector issued by a person approved by the American Society of Mechanical
13Engineers
.
SB345,19 14Section 19. 101.985 (3) of the statutes is amended to read:
SB345,8,2015 101.985 (3) Elevator inspector. The department shall issue an elevator
16inspector license to each individual who demonstrates to the satisfaction of the
17department that the individual is adequately qualified and able to provide elevator
18inspection services of conveyances as required under s. 101.983 (2). The department
19shall promulgate rules that establish the qualifications required for issuance of an
20elevator inspector license.
SB345,20 21Section 20. 101.985 (5) (b) 1. of the statutes is amended to read:
SB345,9,422 101.985 (5) (b) 1. Except as otherwise provided in this subdivision, an An
23applicant for renewal of a license under sub. (1), (2) (ab), (ad), or (b), or (3) shall
24provide to the department a certificate indicating that, during the one-year period
25before the date on which the applicant's license expires
2-year term of the license,

1the applicant has satisfactorily met the education requirements established by rule
2under subd. 2. If the applicant is not an individual, the certificate shall indicate that
3the education requirements were satisfactorily met by an individual who, as of the
4date of the application, is an agent of the applicant.
SB345,21 5Section 21. 101.985 (5) (b) 2. b. of the statutes is amended to read:
SB345,9,76 101.985 (5) (b) 2. b. The number of hours of education required on an annual
7basis
.
SB345,22 8Section 22. 145.01 (5) of the statutes is amended to read:
SB345,9,149 145.01 (5) Governmental unit responsible for regulation of private on-site
10wastewater treatment systems.
"Governmental unit responsible for the regulation
11of private on-site wastewater treatment systems" or "governmental unit", unless
12otherwise qualified, means the county except that in a county with a population of
13500,000 750,000 or more these terms mean the city, village or town where the private
14on-site wastewater treatment system is located.
SB345,23 15Section 23. 255.35 (1m) (g) of the statutes is amended to read:
SB345,9,1716 255.35 (1m) (g) "School of pharmacy" means a school of pharmacy that is
17accredited by the American Accreditation Council on Pharmaceutical Education.
SB345,24 18Section 24. 440.03 (13) (c) of the statutes is amended to read:
SB345,9,2519 440.03 (13) (c) The department shall require an applicant for a private
20detective license or a private security permit under s. 440.26, an applicant for a
21juvenile martial arts instructor permit under sub. (17), an applicant for a real estate
22appraiser certification under s. 458.06 or license under s. 458.08,
and a person for
23whom the department conducts an investigation under par. (b), to be photographed
24and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's
25fingerprints. The department of justice may submit the fingerprint cards, and the

1department of justice shall submit the fingerprint cards of all applicants for a real
2estate appraiser certification under s. 458.06 or license under s. 458.08,
to the federal
3bureau of investigation for the purpose of verifying the identity of the persons
4fingerprinted and obtaining records of their criminal arrests and convictions.
SB345,25 5Section 25. 440.20 (5) of the statutes is created to read:
SB345,10,136 440.20 (5) In addition to any grounds for discipline specified in chs. 440 to 480,
7the department, or the appropriate credentialing board or other board in the
8department, may reprimand a credential holder, or may deny, limit, suspend, or
9revoke a credential, if the credential holder fails to respond, to the satisfaction of the
10department, credentialing board, or other board in the department, within 30 days
11to a request for information from the department, credentialing board, or other board
12in the department in connection with an investigation of alleged misconduct of the
13credential holder.
SB345,26 14Section 26. 440.974 (2) of the statutes is amended to read:
SB345,10,1815 440.974 (2) The department shall promulgate rules establishing continuing
16education requirements for individuals registered under this subchapter. The rules
17promulgated under this subsection shall require the completion of at least 20 40
18hours of continuing education during each calendar year every 2 years.
SB345,27 19Section 27. 441.01 (4) of the statutes is amended to read:
SB345,10,2420 441.01 (4) The board shall direct that those schools which that qualify be placed
21on the accredited a list of schools the board has approved for professional nurses or
22of schools the board has approved for licensed practical nurses on application and
23proof of qualifications; and shall make a study of nursing education and initiate rules
24and policies to improve it.
SB345,28 25Section 28. 441.04 of the statutes is amended to read:
SB345,11,10
1441.04 Requisites for examination as a registered nurse. Any person
2who has graduated from a high school or its equivalent as determined by the board,
3does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and
4111.335, holds a diploma of graduation from an accredited a school of nursing
5approved by the board or that the board has authorized to admit students pending
6approval,
and, if the that school is located outside this state, submits evidence of
7general and professional educational qualifications comparable to those required in
8this state at the time of graduation may apply to the department for licensure by the
9board as a registered nurse,; and upon payment of the fee specified under s. 440.05
10(1), that person shall be entitled to examination.
SB345,29 11Section 29. 441.08 of the statutes is amended to read:
SB345,11,21 12441.08 Temporary permit. A nurse who has graduated from an accredited
13a school approved by the board or that the board has authorized to admit students
14pending approval
but who is not licensed in this state may be granted a temporary
15permit upon payment of the fee specified in s. 440.05 (6) by the board to practice for
16compensation until the nurse can qualify for licensure. The temporary permit may
17be renewed once. Each applicant for renewal of a temporary permit under this
18section shall complete the nursing workforce survey and pay the fee required under
19s. 441.01 (7). Further renewals may be granted in hardship cases. The board may
20promulgate rules limiting the use and duration of temporary permits and providing
21for revocation of temporary permits.
SB345,30 22Section 30. 441.10 (1) of the statutes is amended to read:
SB345,12,723 441.10 (1) Prerequisites for examination as licensed practical nurses. A
24person who is 18 years of age or older, does not have an arrest or conviction record,
25subject to ss. 111.321, 111.322 and 111.335, has completed 2 years of high school or

1its equivalent as determined by the board, and holds a diploma of graduation from
2an accredited a school for licensed practical nurses approved by that the board or that
3the board has authorized to admit students pending approval
, may apply to the board
4for licensing as a licensed practical nurse,; and, upon payment of the examination
5fee specified in s. 440.05 (1), that person shall be entitled to take an examination.
6Any school for licensed practical nurses, in order to be accredited approved by the
7board
, must offer a course of not less than 9 months.
SB345,31 8Section 31. 441.10 (3) (e) of the statutes is amended to read:
SB345,12,159 441.10 (3) (e) The board may grant a temporary permit to a practical nurse who
10has graduated from an accredited a school approved by the board or that the board
11has authorized to admit students pending approval
but who is not licensed in this
12state, upon payment of the fee specified in s. 440.05 (6), to practice for compensation
13until the practical nurse qualifies for licensure. The board may grant further
14renewals in hardship cases. The board may promulgate rules limiting the use and
15duration of temporary permits and providing for revocation of temporary permits.
SB345,32 16Section 32. 441.115 (1) of the statutes is amended to read:
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