AB726: Bill Text

AB726,139,14 auctioneers

AB726,554 Section 554. 480.01 (5) of the statutes is repealed.

AB726,555 Section 555. 480.04 of the statutes is repealed.

AB726,556 Section 556. 480.06 of the statutes is repealed.

AB726,557 Section 557. 480.18 (3) of the statutes is amended to read:

AB726,139,21 480.18 (3) An auctioneer shall, upon reasonable notice, make the records described in sub. (1) available for inspection and copying by the department or the board.

AB726,558 Section 558. 480.24 (1) of the statutes is amended to read:

AB726,140,5 480.24 (1) Subject to the rules promulgated under s. 440.03 (1), the board department may make investigations or conduct hearings to determine whether a violation of this chapter or any rule promulgated under this chapter has occurred. The board department may require a registrant or an auction company representative of an auction company that is a registrant to undergo and may consider the results of one or more physical, mental, or professional competency examinations if the board department believes that the results of any of those examinations may be useful to the board department in conducting its investigation.

AB726,559 Section 559. 480.24 (2) (intro.) of the statutes is amended to read:

AB726,140,11 480.24 (2) (intro.) Subject to the rules promulgated under s. 440.03 (1), the board department may reprimand a registrant or deny, limit, suspend, or revoke a certificate under this chapter if it finds that the applicant or registrant or an auction company representative of an auction company that is an applicant or registrant has done any of the following:

AB726,560 Section 560. 480.24 (3) (intro.) of the statutes is amended to read:

AB726,140,16 480.24 (3) (intro.) The board department may, as a condition of removing a limitation imposed under this chapter on a certificate issued under this chapter or of reinstating a certificate that has been suspended or revoked under this chapter, do any of the following:

AB726,561 Section 561. 480.24 (3) (a) of the statutes is amended to read:

AB726,140,23 480.24 (3) (a) Require the registrant or an auction company representative of an auction company that is a registrant to obtain minimum results specified by the board department on one or more physical, mental, or professional competency examinations if the board department determines that obtaining the minimum results is related to correcting one or more of the bases upon which the limitation, suspension, or revocation was imposed.

AB726,562 Section 562. 632.895 (12m) (b) 7. of the statutes is amended to read:

AB726,141,2 632.895 (12m) (b) 7. An occupational therapist, as defined in s. 448.96 464.20 (4).

AB726,563 Section 563. 655.45 (1) of the statutes is amended to read:

AB726,141,8 655.45 (1) For the quarter beginning on July 1, 1986, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the medical examining board, the physical medical therapy examining board, the podiatry affiliated credentialing board, the board of nursing, and the department, respectively, regarding health care providers licensed by the respective bodies.

AB726,564 Section 564. 655.45 (1m) of the statutes is amended to read:

AB726,141,14 655.45 (1m) For the quarter beginning on July 1, 1995, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the dietitians affiliated credentialing board department of safety and professional services regarding health care providers certified by the dietitians affiliated credentialing board under subch. V of ch. 448.

AB726,565 Section 565. 895.48 (1m) (a) of the statutes is amended to read:

AB726,142,2 895.48 (1m) (a) Except as provided in par. (b), any physician, physician assistant, or podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, athletic trainer licensed under subch. III of ch. 464, emergency medical technician licensed under s. 256.15, first responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 subch. IV of ch. 464 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB726,142,6 1. The health care is rendered at the site of the event or contest, during transportation to a health care facility from the event or contest, or in a locker room or similar facility immediately before, during, or immediately after the event or contest.

AB726,142,10 2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist, or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

AB726,566 Section 566. 905.015 (2) (intro.) of the statutes is amended to read:

AB726,142,15 905.015 (2) (intro.) In addition to the privilege under sub. (1), a person who is licensed as an interpreter under s. 440.032 (3) 459.42 may not disclose any aspect of a confidential communication facilitated by the interpreter unless one of the following conditions applies:

AB726,567 Section 567. 938.78 (2) (g) of the statutes is amended to read:

AB726,143,4 938.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or, 457, or 464. Unless authorized by an order of the court, the department of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB726,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

AB726,143,7 (1) Elimination of certain boards and transfer of their functions to the department of safety and professional services.

AB726,143,14 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the auctioneer board, cemetery board, dietitians affiliated credentialing board, and examining board of professional geologists, hydrologists, and soil scientists, and all assets and liabilities of the medical examining board that are primarily related to the functions of the dietitians affiliated credentialing board, as determined by the secretary of safety and professional services, become the assets and liabilities of the department of safety and professional services.

AB726,143,22 (b) Tangible personal property. On the effective date of this paragraph, all records and other tangible personal property of the auctioneer board, cemetery board, dietitians affiliated credentialing board, and examining board of professional geologists, hydrologists, and soil scientists, and all records and other tangible personal property of the medical examining board that are primarily related to the functions of the dietitians affiliated credentialing board, as determined by the secretary of safety and professional services, are transferred to the department of safety and professional services.

AB726,144,5 (c) Contracts. All contracts entered into by the auctioneer board, cemetery board, dietitians affiliated credentialing board, and examining board of professional geologists, hydrologists, and soil scientists remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

AB726,144,13 (d) Rules and orders. All rules promulgated by the cemetery board, dietitians affiliated credentialing board, and examining board of professional geologists, hydrologists, and soil scientists that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by those boards and by the auctioneer board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB726,144,20 (e) Pending matters. All matters pending with the auctioneer board, cemetery board, dietitians affiliated credentialing board, and examining board of professional geologists, hydrologists, and soil scientists on the effective date of this paragraph are transferred to the department of safety and professional services and all materials submitted to or actions taken by those boards with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB726,144,22 (2) Elimination of certain boards and transfer of their functions to the medical examining board.

AB726,144,25 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the podiatry affiliated credentialing board and radiography examining board become the assets and liabilities of the medical examining board.

AB726,145,4 (b) Tangible personal property. On the effective date of this paragraph, all records and other tangible personal property of the podiatry affiliated credentialing board and radiography examining board are transferred to the medical examining board.

AB726,145,9 (c) Contracts. All contracts entered into by the podiatry affiliated credentialing board and radiography examining board remain in effect and are transferred to the medical examining board. The medical examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the medical examining board to the extent allowed under the contract.

AB726,145,16 (d) Rules and orders. All rules promulgated by the podiatry affiliated credentialing board and radiography examining board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the medical examining board. All orders issued by those boards that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the medical examining board.

AB726,145,21 (e) Pending matters. All matters pending with the podiatry affiliated credentialing board and radiography examining board on the effective date of this paragraph are transferred to the medical examining board and all materials submitted to or actions taken by those boards with respect to the pending matters are considered as having been submitted to or taken by the medical examining board.

AB726,145,22 (3) Transfer of regulation of sign language interpreters.

AB726,145,23 (a) Transfer of functions.

AB726,146,8 1. `Rules and orders.' All rules promulgated by the department of safety and professional services and of the sign language interpreter council under the authority of section 440.032 of the statutes and that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the hearing and speech examining board. All orders issued by the department of safety and professional services under the authority of section 440.032 of the statutes or of the sign language interpreter council that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the hearing and speech examining board.

AB726,146,15 2. `Pending matters.' Any matter pending with the department of safety and professional services under the authority of section 440.032 of the statutes or of the sign language interpreter council on the effective date of this subdivision is transferred to the hearing and speech examining board, and all materials submitted to or actions taken by the department of safety and professional services or the sign language interpreter council with respect to the pending matter are considered as having been submitted to or taken by the hearing and speech examining board.

AB726,146,22 3. `Contracts.' All contracts entered into by the department of safety and professional services under the authority of section 440.032 of the statutes or of the sign language interpreter council in effect on the effective date of this subdivision remain in effect and are transferred to the hearing and speech examining board. The hearing and speech examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the hearing and speech examining board to the extent allowed under the contract.

AB726,146,23 (b) Board membership.

AB726,147,4 1. `Reduction in board membership.' The governor shall determine which hearing instrument specialist member is to be removed from the hearing and speech examining board as a result of this act's treatment of section 15.405 (6m) (a) of the statutes. No later than the 60th day after the effective date of this subdivision, the governor shall notify the examining board of that determination and report that determination to the legislature under section 13.172 (2) of the statutes.

AB726,147,14 2. `Initial appointments.' Notwithstanding the length of terms specified for the members of the hearing and speech examining board under section 15.405 (6m) of the statutes, the new member appointed to the hearing and speech examining board under section 15.405 (6m) (e) of the statutes, as affected by this act, shall be appointed for a term expiring on July 1, 2018; one of the 2 new members appointed to the hearing and speech examining board under section 15.405 (6m) (dm) of the statutes, as created by this act, shall be appointed for a term expiring on July 1, 2018; and one of the 2 new members appointed to the hearing and speech examining board under section 15.405 (6m) (dm) of the statutes, as created by this act, shall be appointed for a term expiring on July 1, 2019.

AB726,147,15 (4) Elimination of certain board sections.

AB726,147,16 (a) Assets and liabilities.

AB726,147,20 1. On the effective date of this paragraph, all assets and liabilities of each section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of safety and professional services become the assets and liabilities of that examining board.

AB726,147,24 2. On the effective date of this paragraph, all assets and liabilities of each section of the marriage and family therapy, professional counseling, and social work examining board in the department of safety and professional services become the assets and liabilities of that examining board.

AB726,147,25 (b) Tangible personal property.

AB726,148,5 1. On the effective date of this paragraph, all records and other tangible personal property of each section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of safety and professional services are transferred to that examining board.

AB726,148,9 2. On the effective date of this paragraph, all records and other tangible personal property of each section of the marriage and family therapy, professional counseling, and social work examining board in the department of safety and professional services are transferred to that examining board.

AB726,148,10 (c) Contracts.

AB726,148,17 1. All contracts entered into by each section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of safety and professional services in effect on the effective date of this paragraph remain in effect and are transferred to that examining board. The examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the examining board to the extent allowed under the contract.

AB726,148,23 2. All contracts entered into by each section of the marriage and family therapy, professional counseling, and social work examining board in the department of safety and professional services in effect on the effective date of this paragraph remain in effect and are transferred to that examining board. The examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the examining board to the extent allowed under the contract.

AB726,148,24 (d) Rules and orders.

AB726,149,10 1. All rules promulgated by each section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of safety and professional services that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by that examining board. All orders issued by each section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of safety and professional services that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the examining board.

AB726,149,15 2. All orders issued by each section of the marriage and family therapy, professional counseling, and social work examining board in the department of safety and professional services that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by that examining board.

AB726,149,16 (e) Pending matters.

AB726,149,22 1. All matters pending with each section of the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors in the department of safety and professional services on the effective date of this paragraph are transferred to that examining board and all materials submitted to or actions taken by each section with respect to the pending matters are considered as having been submitted to or taken by the examining board.

AB726,150,3 2. All matters pending with each section of the marriage and family therapy, professional counseling, and social work examining board in the department of safety and professional services on the effective date of this paragraph are transferred to that examining board and all materials submitted to or actions taken by each section with respect to the pending matters are considered as having been submitted to or taken by the examining board.

AB726,150,4 (f) Elimination of board members.

AB726,150,13 1. The governor shall determine which 14 members — consisting of one architect, one landscape architect, one professional engineer, one designer, one professional land surveyor, and 9 public members — are to be removed from the examining board of architects, landscape architects, professional engineers, designers, and professional land surveyors as a result of this act's treatment of section 15.405 (2) of the statutes. No later than the 60th day after the effective date of this paragraph, the governor shall notify the examining board of that determination and report that determination to the legislature under section 13.172 (2) of the statutes.

AB726,150,20 2. The governor shall determine which 3 members — consisting of 1 social worker and 2 public members — are to be removed from the marriage and family therapy, professional counseling, and social work examining board as a result of this act's treatment of section 15.405 (7c) (a) 1. and 4. of the statutes. No later than the 60th day after the effective date of this paragraph, the governor shall notify the affected members and the examining board of that determination and report that determination to the legislature under section 13.172 (2) of the statutes.

AB726,150,23 (5) Elimination of athletic trainers affiliated credentialing board, occupational therapists affiliated credentialing board, and massage therapy and bodywork therapy affiliated credentialing board.

AB726,150,24 (a) Transfer of functions.

AB726,151,10 1. `Rules and orders.' All rules promulgated by the athletic trainers affiliated credentialing board, the occupational therapists affiliated credentialing board, and the massage therapy and bodywork therapy affiliated credentialing board and that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the medical therapy examining board. All orders issued by the athletic trainers affiliated credentialing board, the occupational therapists affiliated credentialing board, and the massage therapy and bodywork therapy affiliated credentialing board that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the medical therapy examining board.

AB726,151,19 2. `Pending matters.' Any matter pending with the athletic trainers affiliated credentialing board, the occupational therapists affiliated credentialing board, or the massage therapy and bodywork therapy affiliated credentialing board on the effective date of this subdivision is transferred to the medical therapy examining board, and all materials submitted to or actions taken by the athletic trainers affiliated credentialing board, the occupational therapists affiliated credentialing board, or the massage therapy and bodywork therapy affiliated credentialing board with respect to the pending matter are considered as having been submitted to or taken by the medical therapy examining board.

AB726,152,2 3. `Contracts.' All contracts entered into by the athletic trainers affiliated credentialing board, the occupational therapists affiliated credentialing board, or the massage therapy and bodywork therapy affiliated credentialing board in effect on the effective date of this subdivision remain in effect and are transferred to the medical therapy examining board. The medical therapy examining board shall carry out any obligations under such a contract until the contract is modified or rescinded by the medical therapy examining board to the extent allowed under the contract.

AB726,152,7 4. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the athletic trainers affiliated credentialing board, the occupational therapists affiliated credentialing board, and the massage therapy and bodywork therapy affiliated credentialing board is transferred to the medical therapy examining board.

AB726,152,17 (b) Medical therapy examining board membership; initial appointments. Notwithstanding the length of terms specified for the members of the medical therapy examining board under section 15.405 (7r) of the statutes, the new member appointed to the medical therapy examining board under section 15.405 (7r) (ar) of the statutes, as affected by this act, shall be appointed for a term expiring on July 1, 2018; the new member appointed to the medical therapy examining board under section 15.405 (7r) (at) of the statutes, as affected by this act, shall be appointed for a term expiring on July 1, 2019; and the new member appointed to the medical therapy examining board under section 15.405 (7r) (av) of the statutes, as affected by this act, shall be appointed for a term expiring on July 1, 2020.

AB726,9352 Section 9352. Initial applicability; Other.

AB726,152,20 (1) The treatment of section 17.07 (3e) of the statutes first applies to a state officer who is appointed and qualifies on the effective date of this act.

AB726,9400 Section 9400. Effective dates; general. Except as otherwise provided in Sections 9401 to 9452 of this act, this act takes effect on the day after publication.

AB726,9438 Section 9438. Effective dates; Safety and Professional Services.

AB726,153,2 (1) Elimination of certain board members. The treatment of section 15.405 (2) (intro.), (a), (b), and (c), (6m) (a), and (7c) (a) 1. and 4., (am) (intro.) and 4., (b), (c), (d), (e), and (f) of the statutes takes effect on the first day of the 3rd month beginning after publication.

AB726,153,4 (2) Certain terms of board members. The repeal and recreation of section 15.07 (1) (cm) of the statutes takes effect on June 30, 2016.

AB726,153,5 (End)