AB163: Bill Text

AB163,459 Section 459. 440.08 (2) (a) 70. of the statutes is repealed.

AB163,460 Section 460. 440.08 (2) (a) 71. of the statutes is repealed.

AB163,461 Section 461. 440.13 (1) (b) of the statutes is amended to read:

AB163,116,22 440.13 (1) (b) "Memorandum of understanding" means a memorandum of understanding entered into by the department of safety and professional services and the department of children and families under s. 49.857.

AB163,462 Section 462. 440.22 (2) of the statutes is amended to read:

AB163,117,10 440.22 (2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board or board in the department orders suspension, limitation or revocation of the credential or reprimands the holder, the department, examining board, affiliated credentialing board or board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12% per year beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board or board. Upon the request of the department of safety and professional services, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

AB163,463 Section 463. 440.25 of the statutes is amended to read:

AB163,117,19 440.25 Judicial review. The department may seek judicial review under ch. 227 of any final disciplinary decision of the medical examining board or affiliated credentialing board attached to the medical examining board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the medical examining board or the interested affiliated credentialing board, the attorney general may represent the board. If the attorney general declines to represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) 20.142 (3) (hg).

AB163,464 Section 464. Subchapter V (title) of chapter 440 [precedes 440.51] of the statutes is amended to read:

AB163,117,22 CHAPTER 440

AB163,117,23 SUBCHAPTER V

AB163,117,24 PEDDLERS; PRIVATE schools

AB163,465 Section 465. 440.52 (title) of the statutes is created to read:

AB163,118,1 440.52 (title) Private trade, business, technical, and other schools.

AB163,466 Section 466. 440.52 (7m) of the statutes is created to read:

AB163,118,5 440.52 (7m) Authorization of schools. (a) In this subsection, "proprietary school" means a private trade, correspondence, business, or technical school or any other private school seeking funding under 20 USC 1070 to 1099d.

AB163,118,8 (b) Upon application, the department shall issue written authorization to a proprietary school doing business within this state if the requirements established by rule under par. (c) are satisfied.

AB163,118,11 (c) The rules required under sub. (3) shall include rules related to providing authorization under this subsection and revoking authorization previously provided. The rules shall include all of the following:

AB163,118,14 1. Criteria or standards for providing authorization, which must include a requirement that the school has accreditation recognized by the U.S. secretary of education or recognized by the Council for Higher Education Accreditation.

AB163,118,16 2. The period for which the department's authorization is valid, which period may be no longer than 4 years.

AB163,118,19 3. Criteria or standards, and a procedure, for revoking authorization previously provided, which must allow revocation if the school has lost the accreditation specified in subd. 1.

AB163,118,21 4. Criteria or standards, and a procedure, for a school to regain authorization after its authorization has been revoked.

AB163,118,24 5. The fees to be paid to the department for authorization under this subsection. Fees collected under this subdivision shall be sufficient to cover all costs that the department incurs in authorizing proprietary schools under this subsection.

AB163,119,3 (d) A school issued authorization by the department under par. (b) shall promptly notify the department if it loses the accreditation specified in par. (c) 1. within the period of authorization.

AB163,119,6 (e) With respect to any school authorized by the department under par. (b) or for which the department has a pending application for authorization, the department shall do all of the following:

AB163,119,7 1. Fulfill any obligation of this state specified in 20 USC 1099a.

AB163,119,12 2. Cooperate with any accrediting agency or association recognized by the federal secretary of education as meeting the criteria established under 20 USC 1099b, and with the federal secretary of education, with respect to certification or recertification under 20 USC 1099c of any school for purposes of the school's participation in programs of the federal department of education.

AB163,467 Section 467. 440.52 (11) (bm) of the statutes is created to read:

AB163,119,21 440.52 (11) (bm) If a school operating in this state proposes to discontinue its operations or is in imminent danger of discontinuing its operations, the school shall give notice to the department. Upon receiving this notice, if the department determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department may take possession of those student records if those student records have not already been taken into possession under par. (b) 2.

AB163,468 Section 468. 440.905 (1) of the statutes is amended to read:

AB163,119,25 440.905 (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of safety and professional services on matters relating to cemeteries, to this chapter, or to the board.

AB163,469 Section 469. 440.92 (2) (d) of the statutes is amended to read:

AB163,120,15 440.92 (2) (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the department of safety and professional services for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: "THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES FINANCIAL INSTITUTIONS AND PROFESSIONAL STANDARDS."

AB163,470 Section 470. 440.945 (5) (b) of the statutes is amended to read:

AB163,121,2 440.945 (5) (b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of safety and professional services to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section.

AB163,471 Section 471. 441.01 (7) (a) 2. of the statutes is amended to read:

AB163,121,6 441.01 (7) (a) 2. Pay a nursing workforce survey fee of $4. All moneys received under this subdivision shall be deposited into the general fund and credited to the appropriation account under s. 20.165 (1) 20.142 (3) (jm).

AB163,472 Section 472. 443.10 (6) of the statutes is amended to read:

AB163,121,11 443.10 (6) Roster. A roster showing the names and mailing addresses of all registered surveyors shall be prepared annually by the secretary and made available for purchase at cost, and a copy shall be placed on file with the department of financial institutions.

AB163,473 Section 473. 444.04 of the statutes is amended to read:

AB163,121,22 444.04 Promoter and club reports. Within 2 business days after a promoter or club holds a professional contest or amateur mixed martial arts fighting contest, the club shall furnish to the department a written report, verified by the promoter or by one of the club's officers under penalty of perjury, showing the number of tickets sold for the contest, the amount of gross proceeds, and all other information the department requires by rule to be included in the report. The department may limit, suspend, revoke, or assess a forfeiture to the promoter or club for failure to comply with this section or failure to provide accurate information to the department. Any forfeiture collected under this section shall be deposited in the appropriation account under s. 20.165 (1) 20.142 (3) (jm).

AB163,474 Section 474. 444.14 of the statutes is amended to read:

AB163,122,6 444.14 Sham contests; contestants penalized; forfeitures; hearing. The department shall ban a contestant who participates in any sham or fake professional contest or amateur mixed martial arts fighting contest or violates any rule promulgated by the department, and may require the contestant, the contestant's manager, or the promoter of the contest to forfeit an amount determined by the department, but not more than $500. Fifty percent of all forfeitures collected under this section shall be deposited in the appropriation account under s. 20.165 (1) 20.142 (3) (im).

AB163,475 Section 475. 450.03 (1) (e) of the statutes, as affected by 2015 Wisconsin Act 3, is amended to read:

AB163,122,15 450.03 (1) (e) Any person lawfully practicing within the scope of a license, permit, registration, certificate, or certification granted to provide home medical oxygen under s. 450.076, to practice professional or practical nursing or nurse-midwifery under ch. 441, to practice dentistry or dental hygiene under ch. 447, to practice medicine and surgery under ch. 448, to practice optometry under ch. 449 or to practice veterinary medicine under ch. 453 89, or as otherwise provided by statute.

AB163,476 Section 476. 450.10 (3) (a) 8. of the statutes is amended to read:

AB163,122,17 450.10 (3) (a) 8. A veterinarian licensed under ch. 453 89.

AB163,477 Section 477. 450.11 (1m) of the statutes is amended to read:

AB163,122,22 450.11 (1m) Electronic transmission. Except as provided in s. 453.068 89.068 (1) (c) 4., a practitioner may transmit a prescription order electronically only if the patient approves the transmission and the prescription order is transmitted to a pharmacy designated by the patient.

AB163,478 Section 478. 450.125 of the statutes is amended to read:

AB163,123,3 450.125 Drugs for animal use. In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with s. 453.068 89.068.

AB163,479 Section 479. 450.19 (1) (ar) of the statutes is amended to read:

AB163,123,6 450.19 (1) (ar) "Practitioner" has the meaning given in s. 450.01 (17) but does not include a veterinarian licensed under ch. 453 89.

AB163,480 Section 480. 452.13 (2) (b) 1. of the statutes is amended to read:

AB163,123,10 452.13 (2) (b) 1. Register with the department of safety and professional services the name and address of the depository institution and the number of the interest-bearing common trust account.

AB163,481 Section 481. 452.13 (2) (b) 2. of the statutes is amended to read:

AB163,123,13 452.13 (2) (b) 2. Notify the department of safety and professional services when any of the information required under subd. 1. is changed.

AB163,482 Section 482. 452.13 (2) (b) 3. of the statutes is amended to read:

AB163,123,19 452.13 (2) (b) 3. Furnish the department of safety and professional services with a letter authorizing the department of safety and professional services and the department of administration to examine and audit the interest-bearing common trust account whenever the department of safety and professional services or the department of administration considers it necessary.

AB163,483 Section 483. 452.13 (2) (bm) of the statutes is amended to read:

AB163,123,23 452.13 (2) (bm) The department of safety and professional services shall forward to the department of administration the information and documents furnished under par. (b).

AB163,484 Section 484. 452.13 (5) of the statutes is amended to read:

AB163,124,3 452.13 (5) Rules. In consultation with the department of safety and professional services, the department of administration shall promulgate rules necessary to administer this section.

AB163,485 Section 485. 452.14 (5) of the statutes is amended to read:

AB163,124,10 452.14 (5) The department may seek judicial review under ch. 227 of any final decision of the board. The department shall be represented in such review proceedings by an attorney within the department. Upon request of the board, the attorney general may represent the board. If the attorney general does not represent the board, the board may retain special counsel which shall be paid for out of the appropriation under s. 20.165 (1) 20.142 (3) (g).

AB163,486 Section 486. Chapter 453 (title) of the statutes is renumbered chapter 89 (title).

AB163,487 Section 487. 453.02 of the statutes is renumbered 89.02.

AB163,488 Section 488. 453.03 of the statutes is renumbered 89.03, and 89.03 (1), as renumbered, is amended to read:

AB163,124,22 89.03 (1) The examining board shall promulgate rules, within the limits of the definition under s. 453.02 89.02 (6), establishing the scope of practice permitted for veterinarians and veterinary technicians and shall review the rules at least once every 5 years to determine whether they are consistent with current practice. The examining board may promulgate rules relating to licensure qualifications, denial of a license, certificate certification, or temporary permit, unprofessional conduct, and disciplinary proceedings.

AB163,489 Section 489. 453.04 of the statutes is renumbered 89.04.

AB163,490 Section 490. 453.05 of the statutes is renumbered 89.05, and 89.05 (2) (g), as renumbered, is amended to read:

AB163,125,3 89.05 (2) (g) Employees of a school of veterinary medicine in this state who practice veterinary medicine on privately owned animals only as a part of their employment and who are licensed under s. 453.06 89.06 (2m).

AB163,491 Section 491. 453.06 of the statutes is renumbered 89.06, and 89.06 (1), as renumbered, is amended to read:

AB163,125,19 89.06 (1) Except as provided under s. 453.072 89.072, veterinary licenses shall be issued only to persons who successfully pass an examination conducted by the examining board and pay the fee specified in established under s. 440.05 (1) 89.063. An applicant for an initial license shall be a graduate of a veterinary college that has been approved by the examining board or have successfully completed either the educational commission for foreign veterinary graduates certification program of the American Veterinary Medical Association or the program for the assessment of veterinary education equivalence offered by the American Association of Veterinary State Boards. Persons who qualify for examination may be granted temporary permits to engage in the practice of veterinary medicine in the employment and under the supervision of a veterinarian until the results of the next examination conducted by the examining board are available. In case of failure at any examination, the applicant shall have the privilege of taking subsequent examinations, upon the payment of another fee for each examination.

AB163,492 Section 492. 453.062 of the statutes is renumbered 89.062, and 89.062 (1), as renumbered, is amended to read:

AB163,125,25 89.062 (1) Renewal. The renewal dates date for veterinary licenses and veterinary technician certifications are specified under s. 440.08 (2) (a) is December 15 of each odd-numbered year, and the renewal fees for such licenses and certifications are determined by the department under s. 440.03 (9) (a) 89.063.

AB163,493 Section 493. 453.065 of the statutes is renumbered 89.065.

AB163,494 Section 494. 453.068 of the statutes is renumbered 89.068.

AB163,495 Section 495. 453.07 of the statutes is renumbered 89.07, and 89.07 (1) (b), (2) (intro.) and (3), as renumbered, are amended to read:

AB163,126,6 89.07 (1) (b) Violating this chapter or ch. 440 or any federal or state statute or rule which that substantially relates to the practice of veterinary medicine.

AB163,126,11 (2) (intro.) Subject to subch. II of ch. 111 and the rules adopted under s. 440.03 (1), the examining board may, by order, reprimand any person holding a license, certificate, or permit under this chapter or deny, revoke, suspend, limit, or any combination thereof, the person's license, certificate certification, or permit if the person has:

AB163,126,16 (3) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, certificate certification, or permit under sub. (2), the examining board may assess against the applicant for or the holder of the license, certificate certification, or permit a forfeiture of not more than $5,000 for each violation of s. 453.068 89.068.

AB163,496 Section 496. 453.072 of the statutes is renumbered 89.072 and amended to read:

AB163,127,4 89.072 Licensees of other jurisdictions. (1) Upon application and payment of the fee specified in established under s. 440.05 (2) 89.063, the examining board may issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country if the applicant is not currently under investigation and has never been disciplined by the licensing authority in the other state, territory or country, has not been found guilty of a crime the circumstances of which are substantially related to the practice of veterinary medicine, is not currently a party in pending litigation in which it is alleged that the applicant is liable for damages for acts committed in the course of practice and has never been found liable for damages for acts committed in the course of practice which evidenced a lack of ability or fitness to practice.

AB163,127,9 (2) Upon application and payment of the fee specified in established under s. 440.05 (6) 89.063, the examining board may issue a temporary consulting permit to practice veterinary medicine in this state for up to 60 days per year to any nonresident licensed to practice veterinary medicine in another state or territory of the United States or in another country.

AB163,497 Section 497. 453.075 of the statutes is renumbered 89.075.

AB163,498 Section 498. 453.08 of the statutes is renumbered 89.08.

AB163,499 Section 499. 460.05 (1) (e) 1. of the statutes is amended to read:

AB163,127,16 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork therapy approved by the educational approval board under s. 38.50 that meets the requirements under s. 460.095 or completed a training program approved by the affiliated credentialing board under the rules promulgated under s. 460.04 (2) (b).