AB64: Bill Text

AB64,825,11 5. The council's estimate of the total financial burden imposed on individuals or entities as a result of the occupational licensure requirement, including education or training costs, examination fees, private credential fees, occupational license fees imposed by the state, and other costs individuals or entities incur in order to obtain the required occupational license.

AB64,825,13 6. Any statement or analysis provided by the agency or board administering the occupation license.

AB64,825,16 (b) The council's recommendations for the reduction or elimination of continuing education requirements for occupational licenses not recommended for elimination under par. (a).

AB64,825,18 (3) Legislative action. (a) The legislative reference bureau shall prepare legislation that gives effect to the council's recommendations under sub. (2).

AB64,825,24 (b) A bill prepared under par. (a) shall be introduced without change in each house of the legislature by the joint committee on legislative organization and shall be put on the calendar or referred to the appropriate scheduling committee of each house, except that the joint committee on legislative organization may submit the bill or a suitable portion of the bill to an appropriate legislative committee for advisory recommendations.

AB64,826,2 (c) A bill introduced under par. (b) may not be amended, and the legislature shall take final action on the bill no later than June 30, 2019.

AB64,826,3 (d) A bill introduced under par. (b) is not subject to s. 13.093 (1).

AB64,1902 Section 1902. 440.023 of the statutes, as created by 2017 Wisconsin Act .... (this act), is repealed.

AB64,1903 Section 1903. 440.03 (1c) of the statutes is created to read:

AB64,826,18 440.03 (1c) The department shall promulgate rules specifying a procedure for addressing allegations that a credential holder has practiced while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a credential holder who requests to participate in the procedure. In promulgating rules under this subsection, the department shall seek to facilitate early identification of chemically dependent credential holders and encourage their rehabilitation. The rules promulgated under this subsection may be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board in conjunction with the procedures established under sub. (1). The department may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.

AB64,1904 Section 1904. 440.03 (4m) of the statutes is created to read:

AB64,826,23 440.03 (4m) Except as otherwise permitted in chs. 440 to 480, the department may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

AB64,1905 Section 1905. 440.03 (14) (em) of the statutes is created to read:

AB64,827,5 440.03 (14) (em) The department may, in addition to or in lieu of any disciplinary action under par. (e), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates this subsection or any rule promulgated under par. (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1906 Section 1906 . 440.03 (16) of the statutes is amended to read:

AB64,827,10 440.03 (16) Annually, the department shall distribute the form developed by the medical and optometry examining boards under 2001 Wisconsin Act 16, section 9143 (3c), to all school districts and charter schools that offer kindergarten, to be used by pupils to provide evidence of eye examinations under s. 118.135.

AB64,1907 Section 1907 . 440.032 (title) of the statutes is repealed.

AB64,1908 Section 1908 . 440.032 (1) (intro.) of the statutes is renumbered 459.40 (intro.) and amended to read:

AB64,827,14 459.40 Definitions. (intro.) In this section subchapter:

AB64,1909 Section 1909 . 440.032 (1) (a) of the statutes is renumbered 459.40 (1).

AB64,1910 Section 1910 . 440.032 (1) (b) of the statutes is repealed.

AB64,1911 Section 1911 . 440.032 (1) (c) of the statutes is renumbered 459.40 (3).

AB64,1912 Section 1912. 440.032 (1) (d) of the statutes is renumbered 459.40 (4) and amended to read:

AB64,828,2 459.40 (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.

AB64,1913 Section 1913 . 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:

AB64,828,8 459.41 (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.

AB64,828,10 (2) (intro.) No license is required under this subsection sub. (1) for any of the following:

AB64,828,15 (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.

AB64,828,22 (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.

AB64,829,2 (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.

AB64,1914 Section 1914 . 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:

AB64,829,12 459.42 (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:

AB64,829,15 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.

AB64,829,21 (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.

AB64,830,6 (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.

AB64,830,11 (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:

AB64,830,17 (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:

AB64,830,19 (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.

AB64,1915 Section 1915 . 440.032 (4) of the statutes is renumbered 459.44 and amended to read:

AB64,831,2 459.44 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.

AB64,1916 Section 1916 . 440.032 (5) of the statutes is renumbered 459.43 and amended to read:

AB64,831,11 459.43 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.

AB64,1917 Section 1917 . 440.032 (6) (intro.) of the statutes is renumbered 459.45 (1) (intro.) and amended to read:

AB64,831,15 459.45 (1) Council. (intro.) The council Subject to sub. (2), the examining board shall do all of the following:

AB64,1918 Section 1918 . 440.032 (6) (a) of the statutes is repealed.

AB64,1919 Section 1919 . 440.032 (6) (b) of the statutes is renumbered 459.45 (1) (a) and amended to read:

AB64,831,21 459.45 (1) (a) Advise the department regarding the promulgation and implementation of Promulgate and implement rules regarding the practice of sign language interpreters.

AB64,1920 Section 1920 . 440.032 (6) (c) of the statutes is renumbered 459.45 (1) (d).

AB64,1921 Section 1921 . 440.032 (6) (d) of the statutes is renumbered 459.45 (1) (c) and amended to read:

AB64,832,2 459.45 (1) (c) Promulgate rules establishing a process and criteria for granting exemptions under sub. (2) (c) 2. s. 459.41 (3) (b).

AB64,1922 Section 1922 . 440.032 (6) (e) of the statutes is repealed.

AB64,1923 Section 1923. 440.032 (7) (title) of the statutes is repealed.

AB64,1924 Section 1924 . 440.032 (7) (a) of the statutes is renumbered 459.45 (2) and amended to read:

AB64,832,9 459.45 (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.

AB64,1925 Section 1925 . 440.032 (7) (b) of the statutes is renumbered 459.45 (1) (b) and amended to read:

AB64,832,20 459.45 (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.

AB64,1926 Section 1926. 440.032 (8) (title) of the statutes is renumbered 459.46 (title).

AB64,1927 Section 1927 . 440.032 (8) of the statutes is renumbered 459.46 (1) and amended to read:

AB64,833,5 459.46 (1) 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.

AB64,1928 Section 1928 . 440.032 (9) of the statutes is renumbered 459.47 and amended to read:

AB64,833,10 459.47 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.

AB64,1929 Section 1929. 440.035 (2) of the statutes is created to read:

AB64,833,16 440.035 (2) Except as otherwise permitted in chs. 440 to 480, an examining board or affiliated credentialing board attached to the department or an examining board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

AB64,1930 Section 1930 . 440.035 (2m) of the statutes is amended to read:

AB64,833,22 440.035 (2m) The medical examining board, the podiatry affiliated credentialing board, the board of nursing, or the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4), for persons credentialed by that board who are authorized to prescribe controlled substances.

AB64,1931 Section 1931. 440.23 (2) (c) of the statutes is amended to read:

AB64,833,25 440.23 (2) (c) Pays the charge for an unpaid draft established by the depository selection board under s. 20.905 (2).

AB64,1932 Section 1932. 440.26 (6) (am) of the statutes is created to read:

AB64,834,6 440.26 (6) (am) The department may, in addition to or in lieu of any disciplinary action under par. (a), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates par. (a) 1. to 5. if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1933 Section 1933. 440.316 (2m) of the statutes is created to read:

AB64,834,12 440.316 (2m) The department may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (i) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1934 Section 1934. 440.317 of the statutes is repealed.

AB64,1935 Section 1935 . Subchapter V (title) of chapter 440 [precedes 440.51] of the statutes is amended to read:

AB64,834,16 CHAPTER 440

AB64,834,17 SUBCHAPTER V

AB64,834,18 PEDDLERS; PRIVATE schools

AB64,1936 Section 1936 . 440.52 (title) of the statutes is created to read:

AB64,834,21 440.52 (title) Private trade, correspondence, business, and technical schools.

AB64,1937 Section 1937. 440.88 (6) of the statutes is amended to read:

AB64,835,9 440.88 (6) Revocation, denial, suspension, or limitation of certification Disciplinary proceedings and actions. The department may, after a hearing held in conformity with ch. 227, revoke, deny, suspend, or limit under this subchapter the certification of any substance abuse counselor, clinical supervisor, or prevention specialist or reprimand the substance abuse counselor, clinical supervisor, or prevention specialist, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence. The department may also, in addition to or in lieu of any such disciplinary action, assess a forfeiture of not more than $1,000 for each separate instance of fraud or deceit in obtaining the certification or unprofessional conduct, incompetence, or professional negligence, if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1938 Section 1938. 440.93 (1m) of the statutes is created to read:

AB64,835,15 440.93 (1m) The board may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (g) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1939 Section 1939. 440.968 (1m) of the statutes is created to read:

AB64,835,21 440.968 (1m) The department may, in addition to or in lieu of any disciplinary action under sub. (1), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (1) (a) to (d) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.

AB64,1940 Section 1940. 440.986 (2m) of the statutes is created to read:

AB64,836,2 440.986 (2m) The department may, in addition to or in lieu of any disciplinary action under sub. (2), assess a forfeiture of not more than $1,000 for each separate offense against a person who violates sub. (2) (a) to (h) if the violation presents a serious risk to public health or public safety. Each day of continued violation constitutes a separate offense.