SB568: Bill Text

LRB-3089/2

MPG&MED:all

2015 - 2016 LEGISLATURE

2015 Senate BILL 568

January 13, 2016 - Introduced by Senators Stroebel, Lasee and Kapenga, cosponsored by Representatives Vorpagel, Jarchow, Craig and Hutton. Referred to Committee on Government Operations and Consumer Protection.

SB568,6,3 An Act to repeal 15.07 (1) (b) 19m., 15.07 (1) (b) 23., 15.07 (3) (bm) 3., 15.07 (3) (bm) 6., 15.07 (5) (c), 15.07 (5) (z), 15.08 (3) (c), 15.085 (1m), 15.085 (3) (b), 15.405 (2) (b), 15.405 (2) (c), 15.405 (2m), 15.405 (3), 15.405 (3m), 15.405 (7c) (am) 4., 15.405 (7c) (b), 15.405 (7c) (c), 15.405 (7c) (d), 15.405 (7c) (e), 15.405 (7c) (f), 15.405 (7e), 15.406, 15.407 (2), 15.407 (2m), 15.407 (7), 15.407 (9), 15.407 (11), 15.407 (16), 15.407 (18) (c), 101.625, 157.061 (2g), 180.1901 (1m) (ag), 180.1901 (1m) (bk), 180.1901 (1m) (bs), 180.1901 (1m) (bu), 440.03 (9) (c), 440.032 (title), 440.032 (1) (b), 440.032 (6) (a), 440.032 (6) (e), 440.032 (7) (title), 440.317, 440.90 (1b), 440.905, 440.987, 443.10 (3), 443.11 (5), subchapter III (title) of chapter 448 [precedes 448.50], 448.51 (2) (a), 448.52 (title), 448.527 (title), 448.565 (title), 448.567 (title), 448.58 (title), 448.59 (title), 448.70 (1), 448.95 (1), 448.951 (title), 448.952 (title), 448.958 (title), 448.959 (title), 448.962 (intro.), 448.969 (title), 448.970 (title), 450.11 (8) (bm), 457.01 (4), 457.01 (8), 457.01 (11), 460.03 (title), 460.05 (4), 460.07 (title), 460.13 (title), 470.01 (1), 470.01 (5m), 470.01 (6m), 470.01 (8), 480.01 (5), 480.04 and 480.06; to renumber 440.032 (1) (a), 440.032 (1) (c), 440.032 (6) (c), 448.51 (title), 448.51 (1e), 448.51 (1s), 448.52 (1m), 448.522, 448.56 (1m) (title), 448.56 (1m) (a), 448.56 (3) to (5), 448.59, 448.95 (intro.), 448.95 (4), 448.95 (6), 448.95 (7), 448.959, 448.961 (title), 448.970 (1), chapter 460 (title), 460.01 (1g), 460.01 (3), 460.01 (4), 460.01 (5), 460.01 (6), 460.01 (7) and 460.02 (title); to renumber and amend 15.085 (3) (a), 15.09 (3), 146.997 (1) (d) 13., 180.1901 (1m) (bg), 252.14 (1) (ar) 4e., 252.14 (1) (ar) 4p., 252.14 (1) (ar) 4q., 440.032 (1) (intro.), 440.032 (1) (d), 440.032 (2), 440.032 (3), 440.032 (4), 440.032 (5), 440.032 (6) (intro.), 440.032 (6) (b), 440.032 (6) (d), 440.032 (7) (a), 440.032 (7) (b), 440.032 (8), 440.032 (9), 448.20, 448.23, 448.50, 448.51 (1), 448.51 (2) (b), 448.52 (2m), 448.527, 448.53, 448.535, 448.54, 448.55, 448.56 (title), 448.56 (1), 448.56 (1m) (b), 448.56 (2), 448.56 (6), 448.565, 448.567, 448.57, 448.58, subchapter VI (title) of chapter 448 [precedes 448.95], 448.95 (5), 448.95 (5m), 448.951, 448.952, 448.9525, 448.953, 448.954, 448.9545, 448.955, 448.956, 448.957, 448.958, subchapter VII (title) of chapter 448 [precedes 448.96], 448.96, 448.961 (1), 448.961 (2), 448.962 (1), 448.962 (2), 448.963, 448.964, 448.965, 448.966, 448.967, 448.968, 448.969, 448.970 (2), 450.10 (3) (a) 5q., 460.01 (intro.), 460.01 (1r), 460.01 (2m), 460.02, 460.03, 460.04 (title), 460.04 (1m), 460.04 (2), 460.05 (1), 460.05 (2), 460.06, 460.07 (1), 460.07 (2), 460.08, 460.09, 460.095, 460.10, 460.11, 460.12, 460.13, 460.14, 460.15 and 460.17; to consolidate, renumber and amend 15.405 (2) (intro.) and (a); to amend 15.07 (1) (cm), 15.07 (1) (cs), 15.07 (3) (b), 15.08 (1m) (b), 15.08 (3) (a), 15.405 (6m) (a), 15.405 (6m) (e), 15.405 (7c) (a) 1., 15.405 (7c) (a) 4., 15.405 (7c) (am) (intro.), 15.405 (7r) (intro.), 15.405 (7r) (a), 15.405 (7r) (am), 15.407 (10) (b), 15.407 (13) (b), 17.16 (1), 20.165 (1) (g), 20.165 (1) (hg), 46.90 (5m) (br) 5., 48.78 (2) (g), 49.45 (8) (a) 3., 49.45 (8) (a) 5., 50.01 (2), 50.36 (3) (b), 50.36 (3) (c), 50.39 (3), 50.50 (7m), 55.043 (4) (b) 5., 101.64 (3), 145.02 (4) (a), 146.37 (1g), 146.40 (1) (d), 146.81 (1) (dg), 146.81 (1) (eq), 146.81 (1) (es), 146.81 (1) (hp), 146.89 (1) (r) 1., 146.997 (1) (d) 4., 146.997 (1) (d) 5., 154.01 (3), 155.01 (7), 157.08 (2) (b), 157.11 (9g) (a) 1. c., 157.19 (2) (b), 157.19 (2) (c), 157.19 (2) (d), 157.19 (4), 157.19 (5) (b), 157.62 (2) (a), 157.62 (2) (c), 157.65 (2), 180.1901 (1m) (b), 180.1901 (1m) (br), 231.01 (7) (d) 2., 252.14 (1) (ar) 9., 252.14 (1) (ar) 10., 252.14 (1) (ar) 11., 255.40 (2) (a) (intro.), 440.03 (3), 440.03 (9) (a) (intro.), 440.91 (1) (a), 440.91 (1) (b) (intro.), 440.91 (1) (b) 1., 440.91 (1m) (a), 440.91 (1m) (b) (intro.), 440.91 (1m) (b) 1., 440.91 (1m) (b) 2., 440.91 (2) (intro.), 440.92 (1) (b) (intro.), 440.92 (1) (bm), 440.92 (2) (a) 4. a., 440.92 (6) (a), 440.92 (6) (d), 440.92 (6) (e), 440.92 (6) (h), 440.92 (6) (i), 440.92 (6) (j), 440.92 (6) (k), 440.92 (7), 440.93 (1) (intro.), 443.01 (2), 443.015 (1), 443.015 (2), 443.03 (1) (intro.), 443.03 (1) (b) 1m., 443.03 (1) (b) 2., 443.03 (2), 443.035 (intro.), 443.035 (1) (intro.), 443.035 (1) (a), 443.035 (1) (b), 443.04 (intro.), 443.04 (1m), 443.04 (2m) (a), 443.04 (2m) (b), 443.05 (1) (intro.), 443.05 (1) (a), 443.05 (1) (b), 443.05 (2), 443.06 (1) (a), 443.06 (1) (b), 443.06 (2) (intro.), 443.06 (2) (am), 443.06 (2) (bm), 443.06 (2) (cm), 443.06 (2) (d), 443.07 (1) (intro.), 443.07 (1) (a), 443.07 (3), 443.07 (5), 443.08 (3) (a) 1., 443.08 (3) (a) 2., 443.08 (3) (a) 3., 443.09 (4m), 443.09 (5), 443.10 (1) (a), 443.10 (1) (b), 443.10 (1) (c), 443.10 (1) (d), 443.10 (2) (c), 443.10 (2) (d), 443.10 (2) (f), 443.10 (2) (h), 443.10 (4) (a), 443.10 (4) (b), 443.10 (5), 443.11 (1) (intro.), 443.11 (1) (e), 443.11 (2), 443.11 (3), 443.11 (4), 443.11 (6), 443.12 (1), 443.12 (2), 443.12 (3), 443.12 (4), 443.13 (1) (intro.), 443.13 (2), 443.18 (1) (a), 443.18 (2) (a), 443.18 (2) (b), 448.05 (5) (c), 448.40 (2) (b), 448.40 (2) (c), subchapter IV (title) of chapter 448 [precedes 448.60], 448.60 (1), 448.60 (3), 448.60 (5), 448.63 (1) (intro.), 448.63 (1) (c), 448.63 (1) (d) (intro.), 448.63 (1) (d) 1., 448.63 (1) (d) 2., 448.63 (2) (intro.), 448.63 (3), 448.63 (4), 448.64 (1), 448.64 (3), 448.64 (4), 448.64 (5), 448.655 (1) (intro.), 448.655 (1) (b) 3. a., 448.655 (1) (b) 3. b., 448.655 (2) (intro.), 448.655 (3), 448.665, 448.675 (1) (a), 448.675 (1) (b), 448.675 (1) (c), 448.675 (1) (d) 2., 448.675 (1) (d) 3., 448.675 (1) (d) 4., 448.675 (1) (d) 5., 448.675 (1) (d) 6., 448.675 (1) (e), 448.675 (1) (f), 448.675 (1) (g), 448.675 (2), 448.675 (3), 448.675 (4), 448.68 (1), 448.68 (2), 448.68 (3), 448.685, 448.69 (2), 448.695 (1) (intro.), 448.695 (2), 448.695 (3), subchapter V (title) of chapter 448 [precedes 448.70], 448.72 (1) (c), 448.72 (6), 448.74 (intro.), 448.78 (intro.), 448.78 (3) (intro.), 448.78 (3) (a), 448.78 (3) (b), 448.78 (3) (c), 448.78 (4) (intro.), 448.78 (4) (c) 1., 448.78 (4) (c) 2., 448.78 (5), 448.80, 448.82, 448.84 (1), 448.87 (1), 448.87 (2) (intro.), 450.10 (3) (a) 5., 450.11 (8) (b), 451.02 (1), 457.01 (1c), 457.01 (1r), 457.01 (2g), 457.01 (3), 457.01 (7), 457.01 (10), 457.03 (1), 457.03 (2), 457.03 (3), 457.04 (8) (a) 1., 457.06 (intro.), 457.08 (1) (intro.), 457.08 (1) (b), 457.08 (1) (c), 457.08 (2) (intro.), 457.08 (2) (b), 457.08 (2) (c), 457.08 (3) (intro.), 457.08 (3) (b), 457.08 (3) (c), 457.08 (3) (d), 457.08 (4) (intro.), 457.08 (4) (b) (intro.), 457.08 (4) (b) 2., 457.08 (4) (c) (intro.), 457.08 (4) (c) 4., 457.08 (4) (d), 457.09 (1) (intro.), 457.09 (1) (c), 457.09 (1) (d), 457.09 (4m) (a), 457.09 (4m) (b), 457.09 (5) (b), 457.09 (5) (c), 457.09 (5) (d), 457.10 (intro.), 457.10 (2) (intro.), 457.10 (2) (b), 457.10 (3) (intro.), 457.10 (3) (d), 457.10 (4), 457.11 (1) (intro.), 457.11 (1) (c), 457.11 (1) (d), 457.11 (2), 457.12 (intro.), 457.12 (2), 457.12 (3) (intro.), 457.12 (3) (a) 4., 457.12 (3) (b) 4., 457.12 (4), 457.13 (1) (intro.), 457.13 (1) (d), 457.13 (2), 457.14 (1) (intro.), 457.14 (2), 457.15 (1) (intro.), 457.15 (1) (a), 457.15 (1) (b), 457.15 (1) (c), 457.15 (1) (d), 457.15 (2), 457.15 (3), 457.16 (1), 457.20 (3) (c), 457.22 (1) (a), 457.22 (1) (b), 457.22 (1) (c), 457.22 (2), 457.25 (1), 457.25 (2), 457.25 (3), 457.25 (4), 457.26 (1), 457.26 (2) (intro.), 457.28, 462.01 (1), 462.02 (2) (f), chapter 470 (title), 470.02 (1), 470.02 (2), 470.02 (3), 470.03 (title), 470.03 (1) (intro.), 470.03 (1) (a), 470.03 (1) (b), 470.03 (1) (c), 470.03 (2), 470.03 (3), 470.04 (1) (intro.), 470.04 (2) (intro.), 470.04 (2) (b), 470.04 (2) (c) 1. (intro.), 470.04 (2) (c) 1. c., 470.04 (2) (c) 2., 470.04 (3) (intro.), 470.04 (3) (b), 470.04 (3) (c) 1. (intro.), 470.04 (3) (c) 1. c., 470.04 (3) (c) 2., 470.04 (4) (intro.), 470.04 (4) (b), 470.04 (4) (c) 1. (intro.), 470.04 (4) (c) 1. c., 470.04 (4) (c) 2., 470.04 (5), 470.04 (6), 470.04 (7), 470.045 (3) (a), 470.05, 470.06 (intro.), 470.07, 470.08 (1), 470.08 (2) (intro.), 470.08 (2) (g), 470.08 (2) (i), 470.08 (3), 470.08 (4), 470.08 (5), 470.08 (6), 480.18 (3), 480.24 (1), 480.24 (2) (intro.), 480.24 (3) (intro.), 480.24 (3) (a), 632.895 (12m) (b) 7., 655.45 (1), 655.45 (1m), 895.48 (1m) (a), 905.015 (2) (intro.) and 938.78 (2) (g); to repeal and recreate 15.07 (1) (cm) and chapter 480 (title); and to create 15.07 (3) (c), 15.09 (3) (b), 15.405 (6m) (dm), 15.405 (7r) (ar), 15.405 (7r) (at), 15.405 (7r) (av), 15.407 (4), 17.07 (3e), 146.997 (1) (d) 13e., 146.997 (1) (d) 13m., 448.20 (title), 448.20 (1m), 448.20 (4m), 450.10 (3) (a) 12., 450.10 (3) (a) 13., subchapter III (title) of chapter 459 [precedes 459.40], 459.40 (2), 459.45 (title), chapter 464 (title), subchapter I (title) of chapter 464 [precedes 464.01], 464.03 (intro.), 464.10 (title), 464.27 (title), 464.40 (4), 464.41 (title), 464.49 (title) and 464.65 (title) of the statutes; relating to: renaming, changing the membership of, and eliminating certain professional licensure boards and transferring certain functions to the Department of Safety and Professional Services and the Medical Therapy Examining Board; eliminating certain councils under the Department of Safety and Professional Services; creating the Medical Assistants Council; authorizing removal by the governor, for excessive absenteeism and other infractions, of certain members of boards under the Department of Safety and Professional Services; granting rule-making authority; and making an appropriation.

Analysis by the Legislative Reference Bureau

safety and professional services

Professional licensure

Under current law, various professions are regulated by the Department of Safety and Professional Services (DSPS) and various examining boards and affiliated credentialing boards are created under DSPS. Affiliated credentialing boards are each attached to a specific examining board. This bill makes numerous changes to the laws governing DSPS and the examining boards and affiliated credentialing boards under DSPS, including all of the following:

1. Elimination of certain boards and transfer of their functions to DSPS.

Under current law, in Wisconsin, the Auctioneer Board advises DSPS, including by reviewing and commenting on proposed rules, concerning the regulation of auctioneering and has the power to discipline registered auctioneers and auction companies; the Cemetery Board regulates many aspects of the management of cemeteries, including the sale of cemetery plots and other cemetery services; the Examining Board of Professional Geologists, Hydrologists, and Soil Scientists and the respective sections created under that board regulate the practice of geologists, hydrologists, and soil scientists; and the Dietitians Affiliated Credentialing Board regulates the practice of dietitians. The Dietitians Affiliated Credentialing Board is attached to the Medical Examining Board, but all of those boards are under the umbrella of DSPS. This bill eliminates all of those boards and transfers their functions to DSPS.

2. Elimination of certain boards and transfer of their functions to the Medical Examining Board.

Under current law, the Radiography Examining Board regulates the practice of radiographers and limited X-ray machine operators in Wisconsin, and the Podiatry Affiliated Credentialing Board, which is attached to the Medical Examining Board, regulates the practice of podiatrists. This bill eliminates both of those boards and transfers their functions to the Medical Examining Board.

3. Elimination of certain boards and transfer of their functions to the Medical Therapy Examining Board.

Under current law, occupational therapists and occupational therapy assistants are regulated by the Occupational Therapists Affiliated Credentialing Board, athletic trainers are regulated by the Athletic Trainers Affiliated Credentialing Board, and massage therapists and bodyworkers are regulated by the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board. Also under current law, physical therapists and physical therapy assistants are regulated by the Physical Therapy Examining Board.

This bill eliminates the Occupational Therapists Affiliated Credentialing Board, the Athletic Trainers Affiliated Credentialing Board, and the Massage Therapy and Bodywork Therapy Affiliated Credentialing Board and transfers their functions to the Physical Therapy Examining Board, which is renamed in the bill to be the Medical Therapy Examining Board. Under the bill, the membership of the Medical Therapy Examining Board includes, in addition to the members under current law, one representative of each of the professions to be newly regulated by the board.

4. Elimination of sign language interpreter council and transfer of functions to Hearing and Speech Examining Board.

Under current law, a license is generally required to perform sign language interpretation services, and a license to act as a sign language interpreter is issued by DSPS. However, also under current law, there is a Sign Language Interpreter Council that is required to perform certain duties, including advising DSPS on rule making regarding sign language interpreting and promulgating certain rules for sign language interpreters.

This bill eliminates the Sign Language Interpreter Council and transfers the duties of both DSPS and the Sign Language Interpreter Council regarding sign language interpreters to the Hearing and Speech Examining Board. In addition, the bill eliminates one of the hearing instrument specialist members on the Hearing and Speech Examining Board and adds to that board two sign language interpreters and one additional public member.

5. Elimination of Medical Examining Board councils; creation of consolidated council.

Under current law, there are three councils created to serve the Medical Examining Board in an advisory capacity regarding certain professions for which licenses are issued by the Medical Examining Board: 1) the Perfusionists Examining Council, which advises the Medical Examining Board regarding the practice of perfusion; 2) the Council on Physician Assistants, which advises the Medical Examining Board and the University of Wisconsin System Board of Regents regarding licensing, practice standards, and education and training for physician assistants; and 3) the Council on Anesthesiologist Assistants, which advises the Medical Examining Board on the practice of anesthesiologist assistants.

This bill eliminates these three councils and transfers their duties to a newly created council called the Medical Assistants Council. Under the bill, the Medical Assistants Council includes one licensed anesthesiologist assistant; one anesthesiologist; one licensed perfusionist; one physician who is a cardiothoracic surgeon or a cardiovascular anesthesiologist; one physician assistant; one person who teaches physician assistants; and one public member.

6. Elimination of certain sections of examining boards.

Under current law, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors is composed of an architect section, a landscape architect section, a professional engineer section, a designer section, and a professional land surveyor section. The membership of that examining board consists of the following:

1. Three architects.

2. Three landscape architects.

3. Three professional engineers.

4. Three designers.

5. Three professional land surveyors.

6. Ten public members.

This bill eliminates the individual sections of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors and reduces the membership of the examining board to the following:

1. Two architects.

2. Two landscape architects.

3. Two professional engineers.

4. Two designers.

5. Two professional land surveyors.

6. One public member.

Also under current law, the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board is composed of a marriage and family therapist section, a professional counselor section, and a social worker section. The membership of that examining board consists of the following:

1. Three marriage and family therapists.

2. Three professional counselors.

3. Four social workers.

4. Three public members who represent groups promoting the interests of consumers of services provided by marriage and family therapists, professional counselors, and social workers.

The bill eliminates the individual sections of the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board and reduces the membership of the examining board to the following:

1. Three marriage and family therapists (no change).

2. Three professional counselors (no change).

3. Three social workers.

4. One public member.

7. Removal from office.

Under current law, members of examining boards, affiliated credentialing boards, or other boards under DSPS, like most other state officers appointed by the governor for a fixed term, may be removed from office only for cause, subject to certain complaint and other procedural requirements. This bill authorizes the governor to remove any member appointed for a fixed term to an examining board, affiliated credentialing board, or other board under DSPS for, as determined by the governor, excessive absenteeism, neglect of duties, conviction of a crime, or unprofessional conduct. If the governor determines that one of those elements is present, the removal is treated essentially as a removal from office at pleasure.

8. Meeting requirements.

Under current law, each board other than a board that serves as the head of a department and each council must meet annually, and may meet at other times on the call of the chairperson or a majority of its members. This bill deletes the annual meeting requirements that apply to boards and councils in or attached to DSPS, to examining boards, and to affiliated credentialing boards. The bill also deletes various other mandatory meeting requirements that apply to specific bodies that are in or attached to DSPS.

Buildings and safety

Under current law, the Contractor Certification Council recommends rules for promulgation to DSPS concerning certain residential building contractors in Wisconsin and advises DSPS about examinations for the continuing education of such contractors. This bill eliminates the Contractor Certification Council.

The bill also eliminates the Plumbers Council, which is tasked with advising DSPS with respect to DSPS's rules concerning plumbers, utility contractors, plumbing apprentices, pipe layers, and registered learners.

For further information see the state 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:

SB568,1 Section 1. 15.07 (1) (b) 19m. of the statutes is repealed.

SB568,2 Section 2. 15.07 (1) (b) 23. of the statutes is repealed.

SB568,3 Section 3. 15.07 (1) (cm) of the statutes is amended to read:

SB568,9,12 15.07 (1) (cm) The term of one member of the government accountability board shall expire on each May 1. The terms of the 3 members of the land and water conservation board appointed under s. 15.135 (4) (b) 2. shall expire on January 1. The term of the member of the land and water conservation board appointed under s. 15.135 (4) (b) 2m. shall expire on May 1 of an even-numbered year. The terms of the appraiser members of the real estate appraisers board and the terms of the auctioneer and auction company representative members of the auctioneer board shall expire on May 1 in an even-numbered year. The terms of the members of the cemetery board shall expire on July 1 in an even-numbered year. The term of the student member of the Board of Regents of the University of Wisconsin System who is at least 24 years old shall expire on May 1 of every even-numbered year.

SB568,4 Section 4. 15.07 (1) (cm) of the statutes, as affected by 2015 Wisconsin Acts 118 and .... (this act), is repealed and recreated to read: