AB726: Bill Text

AB726,109 Section 109. 252.14 (1) (ar) 9. of the statutes is amended to read:

AB726,29,10 252.14 (1) (ar) 9. An employee or agent of any provider specified under subds. 1. to 8. 8s.

AB726,110 Section 110. 252.14 (1) (ar) 10. of the statutes is amended to read:

AB726,29,13 252.14 (1) (ar) 10. A partnership of any provider specified under subds. 1. to 8. 8s.

AB726,111 Section 111. 252.14 (1) (ar) 11. of the statutes is amended to read:

AB726,29,16 252.14 (1) (ar) 11. A corporation of any provider specified under subds. 1. to 8. 8s. that provides health care services.

AB726,112 Section 112. 255.40 (2) (a) (intro.) of the statutes is amended to read:

AB726,29,20 255.40 (2) (a) (intro.) Any person licensed, certified or registered by the state under ch. 441, 448 or, 455, or 464 who treats a patient suffering from any of the following shall report in accordance with par. (b):

AB726,113 Section 113. 440.03 (3) of the statutes is amended to read:

AB726,29,25 440.03 (3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under s. 15.405 or 15.406.

AB726,114 Section 114. 440.03 (9) (a) (intro.) of the statutes is amended to read:

AB726,30,5 440.03 (9) (a) (intro.) Subject to pars. par. (b) and (c), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

AB726,115 Section 115. 440.03 (9) (c) of the statutes is repealed.

AB726,116 Section 116. 440.032 (title) of the statutes is repealed.

AB726,117 Section 117. 440.032 (1) (intro.) of the statutes is renumbered 459.40 (intro.) and amended to read:

AB726,30,10 459.40 Definitions. (intro.) In this section subchapter:

AB726,118 Section 118. 440.032 (1) (a) of the statutes is renumbered 459.40 (1).

AB726,119 Section 119. 440.032 (1) (b) of the statutes is repealed.

AB726,120 Section 120. 440.032 (1) (c) of the statutes is renumbered 459.40 (3).

AB726,121 Section 121. 440.032 (1) (d) of the statutes is renumbered 459.40 (4) and amended to read:

AB726,30,22 459.40 (4) "Wisconsin interpreting and transliterating assessment" means a program administered by the department of health services to determine and verify the level of competence of communication access services providers who are not certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the National Association of the Deaf or its successor, or other another similar nationally recognized certification organization, or a successor program administered by the department of health services.

AB726,122 Section 122. 440.032 (2) of the statutes is renumbered 459.41, and 459.41 (1), (2) (intro.) and (c) and (3), as renumbered, are amended to read:

AB726,31,4 459.41 (1) Except as provided in pars. (b) and (c) subs. (2) and (3), no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department examining board under sub. (3) s. 459.42.

AB726,31,6 (2) (intro.) No license is required under this subsection sub. (1) for any of the following:

AB726,31,11 (c) A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision paragraph does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization.

AB726,31,18 (3) (a) The council examining board may grant a temporary exemption from the requirement under sub. (1) to an individual who is not a resident of this state that authorizes the individual to provide interpretation services for a period not to exceed 20 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc., or its successor, or the National Association of the Deaf or its successor. The council examining board may not grant an individual more than 2 temporary exemptions under this subdivision paragraph per year.

AB726,31,23 (b) The council examining board may grant a temporary or permanent exemption from the requirement under sub. (1) to an individual who is a resident of this state that authorizes the individual to provide interpretation services for a period specified by the council examining board or for persons specified by the council examining board.

AB726,123 Section 123. 440.032 (3) of the statutes is renumbered 459.42, and 459.42 (1) (a) (intro.) and 3., (b) and (c) and (2) (a) (intro.), (b) (intro.) and (c), as renumbered, are amended to read:

AB726,32,10 459.42 (1) (a) (intro.) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board that the applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation, and the applicant has one of the following:

AB726,32,13 3. Any valid certification granted by any other organization that the department examining board determines is substantially equivalent to a certification specified in subd. 1. a. or b. or 2.

AB726,32,19 (b) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department and pays the fee determined by the department under s. 440.03 (9) (a), if the applicant has a certification specified in subd. 1. a. par. (a) 1. and if the applicant provides to the department examining board satisfactory evidence of a diagnosis by a physician that the applicant is deaf or hard of hearing.

AB726,33,4 (c) The department examining board shall grant a license as a sign language interpreter to an applicant who has not received an associate degree in sign language interpretation or a certificate of completion of an education and training program regarding such interpretation, but who otherwise satisfies the requirements in subd. 1. par. (a) (intro.), if, within 24 months after establishing residency in the state, the applicant provides evidence satisfactory to the department examining board that the applicant holds one of the certifications specified in subd. 1. a., b., or c. par. (a) 1., 2., or 3., that the applicant obtained the certification prior to establishing residency in the state, and that the applicant held the certification at the time the applicant established residency in the state.

AB726,33,9 (2) (a) (intro.) The department examining board shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board of all of the following:

AB726,33,15 (b) (intro.) The department examining board shall grant a restricted license as a sign language interpreter, authorizing the holder to provide interpretation services only under the supervision of an interpreter licensed under par. (a) sub. (1), to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under s. 440.03 (9) (a), and submits evidence satisfactory to the department examining board of all of the following:

AB726,33,17 (c) A license granted under subd. 1. or 2. par. (a) or (b) may be renewed twice and is not valid upon the expiration of the 2nd renewal period.

AB726,124 Section 124. 440.032 (4) of the statutes is renumbered 459.44 and amended to read:

AB726,33,25 459.44 Notification required. A person who is licensed under sub. (3) s. 459.42 shall notify the department examining board in writing within 30 days if the person's certification or membership specified in sub. (3) s. 459.42 that is required for the license is revoked or invalidated. The department examining board shall revoke a license granted under sub. (3) s. 459.42 if such a certification or membership is revoked or invalidated.

AB726,125 Section 125. 440.032 (5) of the statutes is renumbered 459.43 and amended to read:

AB726,34,9 459.43 License renewal. The renewal dates date for licenses granted under sub. (3) (a) are s. 459.42 (1) is specified in s. 440.08 (2) (a) 68c. Renewal applications shall be submitted to the department examining board on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department examining board that the person's certification or membership specified in sub. (3) s. 459.42 that is required for the license has not been revoked or invalidated.

AB726,126 Section 126. 440.032 (6) (intro.) of the statutes is renumbered 459.45 (1) (intro.) and amended to read:

AB726,34,13 459.45 (1) Council. (intro.) The council Subject to sub. (2), the examining board shall do all of the following:

AB726,127 Section 127. 440.032 (6) (a) of the statutes is repealed.

AB726,128 Section 128. 440.032 (6) (b) of the statutes is renumbered 459.45 (1) (a) and amended to read:

AB726,34,19 459.45 (1) (a) Advise the department regarding the promulgation and implementation of Promulgate and implement rules regarding the practice of sign language interpreters.

AB726,129 Section 129. 440.032 (6) (c) of the statutes is renumbered 459.45 (1) (d).

AB726,130 Section 130. 440.032 (6) (d) of the statutes is renumbered 459.45 (1) (c) and amended to read:

AB726,34,24 459.45 (1) (c) Promulgate rules establishing a process and criteria for granting exemptions under sub. (2) (c) 2. s. 459.41 (3) (b).

AB726,131 Section 131. 440.032 (6) (e) of the statutes is repealed.

AB726,132 Section 132. 440.032 (7) (title) of the statutes is repealed.

AB726,133 Section 133. 440.032 (7) (a) of the statutes is renumbered 459.45 (2) and amended to read:

AB726,35,6 459.45 (2) The department examining board may not promulgate rules that impose requirements for granting a license under s. 459.42 that are in addition to the requirements specified in sub. (3) s. 459.42.

AB726,134 Section 134. 440.032 (7) (b) of the statutes is renumbered 459.45 (1) (b) and amended to read:

AB726,35,17 459.45 (1) (b) After considering the recommendations of the council, the department shall promulgate Promulgate rules that establish a code of ethics that governs the professional conduct of persons licensed under sub. (3) s. 459.42. In promulgating rules under this paragraph, the department examining board shall consider including as part or all of the rules part or all of the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor. The department examining board shall periodically review the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor, and, if appropriate, revise the rules promulgated under this paragraph to reflect revisions to that code of ethics.

AB726,135 Section 135. 440.032 (8) of the statutes is renumbered 459.46 and amended to read:

AB726,36,2 459.46 Disciplinary proceedings and actions. Subject to the rules promulgated under s. 440.03 (1), the department examining board may make investigations and conduct hearings to determine whether a violation of this section subchapter or any rule promulgated under this section subchapter has occurred and may reprimand a person who is licensed under sub. (3) s. 459.42 or may deny, limit, suspend, or revoke a license granted under sub. (3) s. 459.42 if it finds that the applicant or licensee has violated this section subchapter or any rule promulgated under this section subchapter.

AB726,136 Section 136. 440.032 (9) of the statutes is renumbered 459.47 and amended to read:

AB726,36,7 459.47 Penalty. A person who violates this section subchapter or any rule promulgated under this section subchapter may be fined not more than $200 or imprisoned for not more than 6 months or both.

AB726,137 Section 137. 440.317 of the statutes is repealed.

AB726,138 Section 138. 440.90 (1b) of the statutes is repealed.

AB726,139 Section 139. 440.905 of the statutes is repealed.

AB726,140 Section 140. 440.91 (1) (a) of the statutes is amended to read:

AB726,36,19 440.91 (1) (a) Any cemetery authority that operates a cemetery that is 5 acres or more in size, that sells 20 or more cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has $100,000 or more in trust fund accounts for a cemetery shall apply to the board department for a license for that cemetery. A cemetery authority that operates more than one cemetery shall apply for a separate license for each cemetery that is 5 acres or more in size and for each cemetery at which it sells 20 or more burial spaces or at which it has $100,000 or more in trust fund accounts.

AB726,141 Section 141. 440.91 (1) (b) (intro.) of the statutes is amended to read:

AB726,36,22 440.91 (1) (b) (intro.) The board department shall grant a license to a cemetery authority if all of the following are satisfied:

AB726,142 Section 142. 440.91 (1) (b) 1. of the statutes is amended to read:

AB726,37,4 440.91 (1) (b) 1. The cemetery authority submits an application for the license to the board department on a form provided by the board department. The application shall require the cemetery authority to provide the names of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.

AB726,143 Section 143. 440.91 (1m) (a) of the statutes is amended to read:

AB726,37,14 440.91 (1m) (a) Except as provided in sub. (6m), any cemetery authority that operates a cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts for a cemetery shall register with the board department. A cemetery authority that operates more than one cemetery shall submit a separate registration to the board department for each cemetery that is less than 5 acres in size, that sells fewer than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in trust fund accounts.

AB726,144 Section 144. 440.91 (1m) (b) (intro.) of the statutes is amended to read:

AB726,37,17 440.91 (1m) (b) (intro.) The board department shall register a cemetery authority if all of the following are satisfied:

AB726,145 Section 145. 440.91 (1m) (b) 1. of the statutes is amended to read:

AB726,37,24 440.91 (1m) (b) 1. The cemetery authority submits an application for registration to the board department on a form provided by the board department. The application shall require the cemetery authority to provide the names and addresses of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with subch. II of ch. 157 and this subchapter.

AB726,146 Section 146. 440.91 (1m) (b) 2. of the statutes is amended to read:

AB726,38,2 440.91 (1m) (b) 2. The cemetery authority pays a $10 fee to the board department.

AB726,147 Section 147. 440.91 (2) (intro.) of the statutes is amended to read:

AB726,38,14 440.91 (2) (intro.) Except as provided in sub. (10), every individual who sells or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more cemetery lots or mausoleum spaces per year during 2 consecutive calendar years shall be licensed by the board under this subchapter. An individual may not be licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the initial credential fee determined by the department under s. 440.03 (9) (a). The cemetery authority shall certify in writing to the board department that the individual is competent to act as a cemetery salesperson. An applicant for licensure as a cemetery salesperson shall furnish to the board department, in such form as the board department prescribes, all of the following information:

AB726,148 Section 148. 440.92 (1) (b) (intro.) of the statutes is amended to read:

AB726,38,17 440.92 (1) (b) (intro.) The board department shall issue a certificate of licensure as a cemetery preneed seller to any person who does all of the following:

AB726,149 Section 149. 440.92 (1) (bm) of the statutes is amended to read:

AB726,38,23 440.92 (1) (bm) If a cemetery authority that is licensed under this subsection notifies the board department that it proposes to take an action specified in s. 157.08 (2) (b) and the board department does not object to the action under s. 157.08 (2) (b), the board department shall revoke the license and require the cemetery authority to reapply for a license under this subsection.

AB726,150 Section 150. 440.92 (2) (a) 4. a. of the statutes is amended to read:

AB726,39,4 440.92 (2) (a) 4. a. At the time that the preneed sales contract is entered into, the preneed seller shall provide the purchaser with the name, address and telephone number of the warehouse and inform the purchaser that the warehouse is approved by the board department.

AB726,151 Section 151. 440.92 (6) (a) of the statutes is amended to read:

AB726,39,11 440.92 (6) (a) Every preneed seller licensed under sub. (1) shall file an annual report with the board department. The report shall be made on a form prescribed and furnished by the board department. The report shall be made on a calendar-year basis unless the board department, by rule, provides for other reporting periods. The report is due on or before the 60th day after the last day of the reporting period.

AB726,152 Section 152. 440.92 (6) (d) of the statutes is amended to read:

AB726,39,18 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the board department are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).

AB726,153 Section 153. 440.92 (6) (e) of the statutes is amended to read:

AB726,39,21 440.92 (6) (e) The board department shall review each report filed under par. (a) to determine whether the preneed seller is complying with this section.

AB726,154 Section 154. 440.92 (6) (h) of the statutes is amended to read: