April 20, 2023 - Introduced by
Joint Legislative Council. Referred to Committee
on Regulatory Licensing Reform.
AB204,2,14
1An Act to repeal 440.992 (6), 452.10 (2) and 456.07 (1) and (3);
to renumber
2440.08 (2) (d) and 440.08 (2) (e);
to renumber and amend 440.08 (2) (a) 1. to
337., 440.08 (2) (a) 37m., 440.08 (2) (a) 38. to 72., 440.08 (2) (c), 446.025 (3) (a)
4and 446.026 (3) (a);
to amend 440.03 (14) (c), 440.03 (15), 440.032 (5), 440.08
5(2) (title), 440.08 (2) (a) (intro.), 440.08 (2) (b), 440.08 (4) (a), 440.09 (3) (a),
6440.26 (3), 440.26 (5m) (b), 440.313 (1), 440.415 (2) (a), 440.71 (3), 440.88 (4),
7440.905 (2), 440.91 (1) (c), 440.91 (1m) (c), 440.91 (4), 440.92 (1) (c), 440.972 (2),
8440.974 (2), 440.98 (6), 440.983 (1), 440.9935, 441.06 (3), 441.10 (6), 441.15 (3)
9(b), 442.083 (1), 442.083 (2) (a), 443.015 (1e), 443.07 (6), 443.08 (3) (b), 443.10
10(2) (e), 443.10 (5), 445.06 (1), 445.07 (1) (a) and (b), 445.095 (1) (c), 445.105 (3),
11446.02 (1) (b), 446.02 (4), 446.025 (3) (b), 446.026 (3) (b), 447.05 (1) (a), 447.055
12(1) (a), 447.055 (1) (b) 1., 447.055 (1) (b) 2., 447.056 (1) (intro.), 447.056 (3),
13447.058 (2) (b), 448.07 (1) (a), 448.13 (1) (a) 1., 448.13 (1) (a) 2., 448.13 (1m),
14448.55 (2), 448.65 (2) (intro.), 448.665, 448.86 (2), 448.9545 (1) (a), 448.9545 (1)
1(b) (intro.), 448.955 (1), 448.955 (2) (a), 448.955 (3) (a), 448.956 (1) (c), 448.967
2(2), 448.9703 (3) (a), 448.9706 (2), 448.974 (2) (a), 449.06 (1), 449.06 (2m), 450.08
3(1), 450.08 (2) (a), 450.08 (2) (b), 450.085 (1), 451.04 (4), 452.12 (1), 452.12 (5)
4(a), 452.132 (2) (c), 454.06 (8), 454.08 (9), 454.23 (5), 454.25 (9), 455.06 (1) (a),
5455.065 (7), 456.07 (2), 456.07 (5), 457.20 (2), 457.22 (2), 458.09 (3), 458.11,
6458.13, 458.33 (5), 459.09 (1) (intro.), 459.09 (1) (b), 459.24 (5) (intro.), 459.24
7(5) (b), 460.07 (2) (intro.), 460.10 (1) (a), 462.05 (1), 466.04 (3) (a) (intro.),
8470.045 (3) (b), 470.07 and 480.08 (5);
to repeal and recreate 448.13 (title) and
9456.07 (title); and
to create 440.08 (2) (a) 1n., 2n., 3n. and 4n., 440.08 (2) (ag)
10(intro.), 440.08 (2) (ar), 440.08 (2m) (title), 440.08 (2m) (b), 446.025 (3) (a) 2. and
11446.026 (3) (a) 2. of the statutes;
relating to: renewal dates and continuing
12education requirements for certain credentials issued by the Department of
13Safety and Professional Services and credentialing boards and granting
14rule-making authority.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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:
Joint Legislative Council prefatory note: This draft was prepared for the Joint
Legislative Council's Study Committee on Occupational Licenses.
Under current law, a two-year renewal period applies to many health and business
credentials administered by the Department of Safety and Professional Services (DSPS)
or a credentialing board. The renewal date for each two-year period is specified by
statute. As part of a credential holder's renewal, some professions specify continuing
education requirements by statute, while some professions may establish continuing
education requirements by rule.
The bill revises each two-year renewal period in the health and business
professions to four-year renewal periods. Where specified in the statutes, the bill doubles
the corresponding credential's continuing education requirement.
The bill specifies that DSPS may, in cooperation with the credentialing boards,
phase in the new four-year renewal periods in a manner that allows one two-year
renewal to occur after the law takes effect. DSPS may also stagger the renewal dates
among credential holders so that approximately half of renewals within a profession
occur every two years.
The bill specifies that if the four-year renewal period is in place before revised
renewal fees are approved by the Joint Committee on Finance, DSPS may double the
two-year renewal fee. The bill also specifies the converse, that if a two-year renewal
applies to an individual after a four-year renewal fee has been established, the individual
is required to pay only one-half of the four-year renewal fee.
If DSPS implements measures to phase in four-year renewal periods or to stagger
renewal dates within a profession, the bill requires DSPS to do so by administrative rule.
The bill also grants emergency rulemaking authority to DSPS and the credentialing
boards to implement the provisions of the bill without making a finding of emergency, and
allows an emergency rule to remain in effect until May 1, 2025, or the date on which the
permanent rule takes effect, whichever is sooner. Lastly, the bill specifies that its
provisions take effect on the first day of the third month following enactment.
AB204,1
1Section 1
. 440.03 (14) (c) of the statutes is amended to read:
AB204,3,82
440.03
(14) (c) The renewal dates for certificates granted under par. (a) and
3licenses granted under par. (am)
are specified in
shall be as determined under s.
4440.08 (2)
(a). Renewal applications shall be submitted to the department on a form
5provided by the department and shall include the renewal fee determined by the
6department under s. 440.03 (9) (a) and evidence satisfactory to the department that
7the person's certification, registration, or accreditation specified in par. (a) 1. a., 2.
8a., or 3. a. has not been revoked.
AB204,2
9Section
2. 440.03 (15) of the statutes is amended to read:
AB204,3,1110
440.03
(15) The department shall promulgate rules that establish the fees
11specified in ss. 440.05 (10) and 440.08
(2) (d)
(2m) (c).
AB204,3
12Section
3. 440.032 (5) of the statutes is amended to read:
AB204,4,213
440.032
(5) License renewal. The renewal dates for licenses granted under
14sub. (3)
are specified in shall be as determined under s. 440.08 (2)
(a) 68c. Renewal
15applications shall be submitted to the department on a form provided by the
16department and shall include the renewal fee determined by the department under
17s. 440.03 (9) (a) and evidence satisfactory to the department that the person's
1certification or membership specified in sub. (3) that is required for the license has
2not been revoked or invalidated.
AB204,4
3Section
4. 440.08 (2) (title) of the statutes is amended to read:
AB204,4,44
440.08
(2) (title)
Renewal dates
, fees and applications.
AB204,5
5Section
5. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB204,4,106
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
7444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06
8(1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448,
the renewal dates for
9credentials are as follows all of the following apply with respect to renewals of
10credentials:
AB204,6
11Section 6
. 440.08 (2) (a) 1. to 37. of the statutes are renumbered 440.08 (2) (ag)
121. to 37. and amended to read:
AB204,4,1413
440.08
(2) (ag) 1. Accountant, certified public: December 15 of
each every other 14odd-numbered year.
AB204,4,1615
3. Accounting corporation or partnership: December 15 of
each every other 16odd-numbered year.
AB204,4,1717
4. Acupuncturist: July 1 of
each every other odd-numbered year.
AB204,4,1918
4m. Advanced practice nurse prescriber: October 1 of
each every other 19even-numbered year.
AB204,4,2020
5. Aesthetician: April 1 of
each every other odd-numbered year.
AB204,4,2121
6. Aesthetics establishment: April 1 of
each
every other odd-numbered year.
AB204,4,2222
8. Aesthetics school: April 1 of
each every other odd-numbered year.
AB204,4,2323
9. Aesthetics specialty school: April 1 of
each
every other odd-numbered year.
AB204,4,2524
9m. Substance abuse counselor, clinical supervisor, or prevention specialist:
25except as limited in s. 440.88 (4), March 1 of
each
every other odd-numbered year.
AB204,5,2
110. Anesthesiologist assistant: October 1 of
each every other even-numbered
2year.
AB204,5,43
10m. Appraisal management company: December 15 of
each every other 4odd-numbered year.
AB204,5,65
11. Appraiser, real estate, certified general: December 15 of
each every other 6odd-numbered year.
AB204,5,87
11m. Appraiser, real estate, certified residential: December 15 of
each every
8other odd-numbered year.
AB204,5,109
12. Appraiser, real estate, licensed: December 15 of
each every other 10odd-numbered year.
AB204,5,1111
13. Architect: August 1 of
each every other even-numbered year.
AB204,5,1312
14. Architectural or engineering firm, partnership or corporation: February 1
13of
each every other even-numbered year.
AB204,5,1414
14d. Athlete agent: July 1 of
each every other even-numbered year.
AB204,5,1515
14f. Athletic trainer: July 1 of
each every other even-numbered year.
AB204,5,1616
14g. Auction company: December 15 of
each every other even-numbered year.
AB204,5,1717
14r. Auctioneer: December 15 of
each every other even-numbered year.
AB204,5,1818
15. Audiologist: February 1 of
each every other odd-numbered year.
AB204,5,1919
15m. Barber: April 1 of
each every other odd-numbered year.
AB204,5,2020
16. Barbering establishment: April 1 of
each
every other odd-numbered year.
AB204,5,2121
19. Barbering school: April 1 of
each every other odd-numbered year.
AB204,5,2222
20m. Behavior analyst: December 15 of
each
every other even-numbered year.
AB204,5,2423
21. Cemetery authority, licensed: December 15 of
each every other 24even-numbered year.
AB204,6,2
121m. Cemetery authority, registered: December 15 of
each every other 2even-numbered year
; $10.
AB204,6,43
22. Cemetery preneed seller: December 15 of
each
every other even-numbered
4year.
AB204,6,65
23. Cemetery salesperson: December 15 of
each
every other even-numbered
6year.
AB204,6,87
23p. Chiropractic radiological technician: December 15 of
each every other 8even-numbered year.
AB204,6,109
23s. Chiropractic technician: December 15 of
each
every other even-numbered
10year.
AB204,6,1111
24. Chiropractor: December 15 of
each every other even-numbered year.
AB204,6,1212
24b. Cosmetologist: April 1 of
each every other odd-numbered year.
AB204,6,1413
24d. Cosmetology establishment: April 1 of
each
every other odd-numbered
14year.
AB204,6,1515
24k. Cosmetology school: April 1 of
each every other odd-numbered year.
AB204,6,1716
24m. Crematory authority: January 1 of
each
every other even-numbered
17year.
AB204,6,1818
25. Dental hygienist: October 1 of
each every other odd-numbered year.
AB204,6,1919
26. Dentist: October 1 of
each every other odd-numbered year.
AB204,6,2120
26m. Dentist, faculty member: October 1 of
each
every other odd-numbered
21year.
AB204,6,2322
27. Designer of engineering systems: February 1 of
each every other 23even-numbered year.
AB204,6,2424
27m. Dietitian: November 1 of
each every other even-numbered year.
AB204,6,2525
29. Drug manufacturer: June 1 of
each every other even-numbered year.
AB204,7,1
130. Electrologist: April 1 of
each every other odd-numbered year.
AB204,7,22
31. Electrology establishment: April 1 of
each
every other odd-numbered year.
AB204,7,33
33. Electrology school: April 1 of
each every other odd-numbered year.
AB204,7,54
34. Electrology specialty school: April 1 of
each
every other odd-numbered
5year.
AB204,7,66
35. Engineer, professional: August 1 of
each
every other even-numbered year.
AB204,7,77
36. Funeral director: December 15 of
each every other odd-numbered year.
AB204,7,88
37. Funeral establishment: June 1 of
each every other odd-numbered year.
AB204,7
9Section 7
. 440.08 (2) (a) 1n., 2n., 3n. and 4n. of the statutes are created to read:
AB204,7,1210
440.08
(2) (a) 1n. Beginning with the first renewal after the initial issuance of
11a credential, the credential may be renewed every 4 years as provided in this
12paragraph.
AB204,7,1313
2n. General renewal dates shall be as specified in par. (ag).
AB204,7,1514
3n. The department may, if practical and expedient, stagger renewal dates
15among credential holders so that approximately half of renewals occur every 2 years.
AB204,7,1716
4n. The department shall promulgate rules for the implementation of subds.
171n. to 3n.
AB204,7,2120
440.08
(2) (ag) 37m. Genetic counselor: November 1 of
each every other 21odd-numbered year.
AB204,9
22Section 9
. 440.08 (2) (a) 38. to 72. of the statutes are renumbered 440.08 (2)
23(ag) 38. to 72. and amended to read:
AB204,7,2524
440.08
(2) (ag) 38. Hearing instrument specialist: February 1 of
each every
25other odd-numbered year.
AB204,8,1
138g. Home inspector: December 15 of
each
every other even-numbered year.
AB204,8,32
38h. Home medical oxygen provider: June 1 of
each
every other 3even-numbered year.
AB204,8,54
38i. Interior design firm, partnership, or corporation: February 1 of
each every
5other even-numbered year.
AB204,8,76
38j. Juvenile martial arts instructor: September 1 of
each every other 7even-numbered year.
