Effective date note
Note: Sub. (3) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(3) Council on instructional telecommunications. There is created in the department of public instruction a council on instructional telecommunications. The state superintendent of public instruction shall appoint one member to represent each of the cooperative educational service agencies, from nominations made by the boards of control of the cooperative educational service agencies, and 2 members to represent private primary and secondary educational institutions. Council members shall be appointed for 4-year terms.
15.377(4)
(4) Council on exceptional education. There is created in the department of education a council on exceptional education consisting of 15 members appointed by the secretary of education for 3-year terms. No more than 7 members of the council may be persons who do not have children with exceptional educational needs and who are representatives of the state, school districts, county handicapped children's education boards or cooperative educational service agencies. At least 5 members of the council shall be parents or guardians of a child with exceptional educational needs, at least one member of the council shall be a school board member, at least one member shall be a certified teacher of regular education as defined in
s. 115.76 (9) and at least one member shall be a certified teacher of special education.
Effective date note
Note: Sub. (4) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(4) Council on exceptional education. There is created in the department of public instruction a council on exceptional education consisting of 15 members appointed by the state superintendent for 3-year terms. No more than 7 members of the council may be persons who do not have children with exceptional educational needs and who are representatives of the state, school districts, county handicapped children's education boards or cooperative educational service agencies. At least 5 members of the council shall be parents or guardians of a child with exceptional educational needs, at least one member of the council shall be a school board member, at least one member shall be a certified teacher of regular education as defined in s. 115.76 (9) and at least one member shall be a certified teacher of special education.
15.377(6)
(6) Council on library and network development. There is created in the department of education a council on library and network development composed of 15 members. Seven of the members shall be library science, audiovisual and informational science professionals representative of various types of libraries and information services, including public libraries, public library systems, school libraries, public and private academic libraries, special libraries and library educators. Eight of the members shall be public members who have demonstrated an interest in libraries or other types of information services. The members of the council shall be appointed for 3-year terms. The council shall meet 6 times annually and shall also meet on the call of the secretary of education, and may meet at other times on the call of the chairperson or a majority of its members.
Effective date note
Note: Sub. (6) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(6) Council on library and network development. There is created in the department of public instruction a council on library and network development composed of 15 members. Seven of the members shall be library science, audiovisual and informational science professionals representative of various types of libraries and information services, including public libraries, public library systems, school libraries, public and private academic libraries, special libraries and library educators. Eight of the members shall be public members who have demonstrated an interest in libraries or other types of information services. The members of the council shall be appointed for 3-year terms. The council shall meet 6 times annually and shall also meet on the call of the state superintendent, and may meet at other times on the call of the chairperson or a majority of its members.
15.377(7m)
(7m) Council on suicide prevention. There is created a council on suicide prevention in the department of education. The council shall consist of 2 persons appointed by the secretary of education, at least one of whom is not an employe of the department of education, 2 persons appointed by the secretary of health and family services, at least one of whom is not an employe of the department of health and family services, one person and one physician appointed jointly by the secretary of education and the secretary of health and family services and one person appointed by the executive staff director of the office of justice assistance in the department of administration. Members shall be appointed for 3-year terms.
15.377 Note
Note: Sub. (7m) is shown as amended by
1995 Wis. Act 27. The treatment by Act 27 s. 9145 (1), was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Sub. (7m) as not affected by Act 27 s. 9145 (1), reads as follows:
Effective date text
(7m) Council on suicide prevention. There is created a council on suicide prevention in the department of public instruction. The council shall consist of 2 persons appointed by the state superintendent of public instruction, at least one of whom is not an employe of the department of public instruction, 2 persons appointed by the secretary of health and family services, at least one of whom is not an employe of the department of health and family services, one person and one physician appointed jointly by the state superintendent of public instruction and the secretary of health and family services and one person appointed by the executive staff director of the office of justice assistance in the department of administration. Members shall be appointed for 3-year terms.
15.40
15.40
Department of regulation and licensing; creation. There is created a department of regulation and licensing under the direction and supervision of the secretary of regulation and licensing.
15.405
15.405
Same; attached boards and examining boards. 15.405(1)(1)
Accounting examining board. There is created an accounting examining board in the department of regulation and licensing. The examining board shall consist of 7 members, appointed for staggered 4-year terms. Five members shall hold certificates as certified public accountants and be eligible for licensure to practice in this state. Two members shall be public members.
15.405(2)
(2) Examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors. There is created an examining board of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors in the department of regulation and licensing. Any professional member appointed to the examining board shall be registered to practice architecture, landscape architecture, professional geology, professional engineering, the design of engineering systems or land surveying under
ch. 443. The examining board shall consist of the following members appointed for 4-year terms: 3 architects, 3 landscape architects, 3 professional geologists, 3 professional engineers, 3 designers, 3 land surveyors and 12 public members.
15.405(2)(a)
(a) In operation, the examining board shall be divided into an architect section, a landscape architect section, a geologist section, an engineer section, a designer section and a land surveyor section. Each section shall consist of the 3 members of the named profession appointed to the examining board and 2 public members appointed to the section. The examining board shall elect its own officers, and shall meet at least twice annually.
15.405(2)(b)
(b) All matters pertaining to passing upon the qualifications of applicants for and the granting or revocation of registration, and all other matters of interest to either the architect, landscape architect, geologist, engineer, designer or land surveyor section shall be acted upon solely by the interested section.
15.405(2)(c)
(c) All matters of joint interest shall be considered by joint meetings of all sections of the examining board or of those sections to which the problem is of interest.
15.405(3)(a)(a) There is created in the department of regulation and licensing an auctioneer board consisting of the following members appointed for 4-year terms:
15.405(3)(a)1.
1. Four members, each of whom is registered under
ch. 480 as an auctioneer, or is an auction company representative, as defined in
s. 480.01 (3), of an auction company that is registered under
ch. 480 as an auction company.
15.405(3)(b)
(b) No member of the board may serve more than 2 terms.
15.405(5)
(5) Chiropractic examining board. There is created a chiropractic examining board in the department of regulation and licensing. The chiropractic examining board shall consist of 6 members, appointed for staggered 4-year terms. Four members shall be graduates from a school of chiropractic and licensed to practice chiropractic in this state. Two members shall be public members. No person may be appointed to the examining board who is in any way connected with or has a financial interest in any chiropractic school.
15.405(5g)
(5g) Controlled substances board. There is created in the department of regulation and licensing a controlled substances board consisting of the attorney general, the secretary of health and family services and the secretary of agriculture, trade and consumer protection, or their designees; the chairperson of the pharmacy examining board or a designee; and one psychiatrist and one pharmacologist appointed for 3-year terms.
15.405(6)
(6) Dentistry examining board. There is created a dentistry examining board in the department of regulation and licensing. The dentistry examining board shall consist of 8 members appointed for staggered 4-year terms. Five of the members shall be licensed dentists in this state. One member shall be a dental hygienist licensed to practice in this state. Notwithstanding
s. 15.08 (1m) (a), the dental hygienist member may participate in the preparation and grading of licensing examinations for dental hygienists. Two members shall be public members.
15.405(6m)
(6m) Hearing and speech examining board. There is created a hearing and speech examining board in the department of regulation and licensing consisting of the following members appointed for 4-year terms:
15.405(6m)(c)1.1. One audiologist registered under
subch. III of ch. 459. This subdivision applies during the period beginning on December 1, 1990, and ending on June 30, 1993.
15.405(6m)(d)1.1. One speech-language pathologist registered under
subch. III of ch. 459. This subdivision applies during the period beginning on December 1, 1990, and ending on June 30, 1993.
15.405(6m)(e)
(e) Two public members. One of the public members shall be a hearing aid user.
15.405(7)(a)(a) There is created a medical examining board in the department of regulation and licensing.
15.405(7)(b)
(b) The medical examining board shall consist of the following members appointed for staggered 4-year terms:
15.405(7)(c)
(c) The chairperson of the patients compensation fund peer review council under
s. 655.275 shall serve as a nonvoting member of the medical examining board.
15.405(7c)
(7c) Examining board of social workers, marriage and family therapists and professional counselors. 15.405(7c)(a)(a) There is created an examining board of social workers, marriage and family therapists and professional counselors in the department of regulation and licensing. The members of the examining board shall be appointed for 4-year terms. Four members shall be certified under
ch. 457 as social workers. Three members shall be certified under
ch. 457 as marriage and family therapists. Three members shall be certified under
ch. 457 as professional counselors. Three members shall be public members. Of the 4 certified social worker members, one shall be certified under
ch. 457 as an advanced practice social worker, one shall be certified under
ch. 457 as an independent social worker, one shall be certified under
ch. 457 as an independent clinical social worker and at least one shall be employed as a social worker by a federal, state or local governmental agency.
15.405(7c)(b)
(b) In operation, the examining board shall be divided into a social worker section, a marriage and family therapist section and a professional counselor section. The social worker section shall consist of the 4 social worker members of the examining board and one of the public members of the examining board. The marriage and family therapist section shall consist of the 3 marriage and family therapist members of the examining board and one of the public members of the examining board. The professional counselor section shall consist of the 3 professional counselor members of the examining board and one of the public members of the examining board.
15.405(7c)(c)
(c) All matters pertaining to granting, denying, limiting, suspending or revoking a certificate under
ch. 457, and all other matters of interest to either the social worker, marriage and family therapist or professional counselor section shall be acted upon solely by the interested section of the examining board.
15.405(7c)(d)
(d) All matters that the examining board determines are of joint interest shall be considered by joint meetings of all sections of the examining board or of those sections to which the problem is of interest.
15.405(7c)(e)
(e) Notwithstanding
s. 15.08 (4) (a), at a joint meeting of all sections of the examining board, a majority of the examining board constitutes a quorum to do business only if at least 8 members are present at the meeting. At a meeting of a section of the examining board or a joint meeting of 2 or more of the sections of the examining board, each member who is present has one vote, except as provided in
par. (f).
15.405(7c)(f)
(f) At a joint meeting of the social worker section and one or both of the other sections of the examining board, each member who is present has one vote, except that the social worker members each have three-fourths of a vote if all 4 of those members are present.
15.405(7g)
(7g) Board of nursing. There is created a board of nursing in the department of regulation and licensing. The board of nursing shall consist of the following members appointed for staggered 4-year terms: 5 currently licensed registered nurses under
ch. 441; 2 currently licensed practical nurses under
ch. 441; and 2 public members. Each registered nurse member shall have graduated from a program in professional nursing and each practical nurse member shall have graduated from a program in practical nursing accredited by the state in which the program was conducted.
15.405(7m)
(7m) Nursing home administrator examining board. There is created a nursing home administrator examining board in the department of regulation and licensing consisting of 9 members appointed for staggered 4-year terms and the secretary of health and family services or a designee, who shall serve as a nonvoting member. Five members shall be nursing home administrators licensed in this state. One member shall be a physician. One member shall be a nurse licensed under
ch. 441. Two members shall be public members. No more than 2 members may be officials or full-time employes of this state.
15.405(8)
(8) Optometry examining board. There is created an optometry examining board in the department of regulation and licensing. The optometry examining board shall consist of 7 members appointed for staggered 4-year terms. Five of the members shall be licensed optometrists in this state. Two members shall be public members.
15.405(9)
(9) Pharmacy examining board. There is created a pharmacy examining board in the department of regulation and licensing. The pharmacy examining board shall consist of 7 members appointed for staggered 4-year terms. Five of the members shall be licensed to practice pharmacy in this state. Two members shall be public members.
15.405(10m)
(10m) Psychology examining board. There is created in the department of regulation and licensing a psychology examining board consisting of 6 members appointed for staggered 4-year terms. Four of the members shall be psychologists licensed in this state. Each of the psychologist members shall represent a different specialty area within the field of psychology. Two members shall be public members.
15.405(10r)(a)(a) There is created a real estate appraisers board in the department of regulation and licensing consisting of the following members appointed for 4-year terms:
15.405(10r)(b)
(b) Of the appraiser members of the board, one shall be certified under
s. 458.06 as a general appraiser, one shall be certified under
s. 458.06 as a residential appraiser and one shall be licensed under
s. 458.08 as an appraiser. No public member of the board may be connected with or have any financial interest in an appraisal business or in any other real estate-related business.
Section 15.08 (1m) (am) applies to the public members of the board. No member of the board may serve more than 2 consecutive terms.
15.405(10r)(c)
(c) Notwithstanding
s. 15.07 (4), a majority of the board constitutes a quorum to do business only if at least 2 of the members present are appraiser members and at least one of the members present is a public member.
15.405(11)
(11) Real estate board. There is created a real estate board in the department of regulation and licensing. The real estate board shall consist of 7 members appointed to staggered 4-year terms. Four of the members shall be real estate brokers or salespersons licensed in this state. Three members shall be public members.
Section 15.08 (1m) (am) applies to the public members of the real estate board. No member may serve more than 2 terms. The real estate board does not have rule-making authority.
15.405(12)
(12) Veterinary examining board. There is created a veterinary examining board in the department of regulation and licensing. The veterinary examining board shall consist of 8 members appointed for staggered 4-year terms. Five of the members shall be licensed veterinarians in this state. One member shall be a veterinary technician certified in this state. Two members shall be public members. No member of the examining board may in any way be financially interested in any school having a veterinary department or a course of study in veterinary or animal technology.
15.405(16)
(16) Funeral directors examining board. There is created a funeral directors examining board in the department of regulation and licensing. The funeral directors examining board shall consist of 6 members appointed for staggered 4-year terms. Four members shall be licensed funeral directors under
ch. 445 in this state. Two members shall be public members.
15.405(17)
(17) Barbering and cosmetology examining board. 15.405(17)(a)(a) There is created a barbering and cosmetology examining board in the department of regulation and licensing. The barbering and cosmetology examining board shall consist of 11 members appointed for 4-year terms. Six members shall be licensed barbers or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of barbering or cosmetology, one member shall be a representative of a public school of barbering or cosmetology and one member shall be a licensed electrologist. Of the licensed barber or cosmetologist members, 3 shall be persons who, on April 22, 1988, hold current master barber or shop manager licenses issued by the barbers examining board under ch.
457, 1985 stats., and 3 shall be persons who, on April 22, 1988, hold current manager or operator licenses issued by the cosmetology examining board under ch.
458, 1985 stats. Except for the 2 members representing schools, no member may be connected with or have any financial interest in a barbering or cosmetology school. This paragraph does not apply after June 30, 1994.
15.405(17)(b)
(b) There is created a barbering and cosmetology examining board in the department of regulation and licensing. The barbering and cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed barbers or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of barbering or cosmetology, one member shall be a representative of a public school of barbering or cosmetology and one member shall be a licensed electrologist. Except for the 2 members representing schools, no member may be connected with or have any financial interest in a barbering or cosmetology school. This paragraph applies after June 30, 1994.
15.405 History
History: 1973 c. 90,
156;
1975 c. 39,
86,
199,
200,
383,
422;
1977 c. 26,
29,
203;
1977 c. 418;
1979 c. 34 ss.
45,
47 to
52;
1979 c. 221,
304;
1981 c. 94 ss.
5,
9;
1981 c. 356;
1983 a. 27,
403,
485,
538;
1985 a. 340;
1987 a. 257 s.
2;
1987 a. 264,
265,
316;
1989 a. 316,
340;
1991 a. 39,
78,
160,
189,
269;
1993 a. 16,
102,
463,
465,
491;
1995 a. 27 s.
9126 (19);
1995 a. 225;
1995 a. 305 s.
1;
1995 a. 321,
417.
15.405 Annotation
Medical school instructor serving without compensation is ineligible to serve on board of medical examiners. 62 Atty. Gen. 193.
15.405 Annotation
Incumbent real estate examining board member is entitled to hold over in office until his successor is duly appointed and confirmed by the senate, and board is without authority to reimburse nominee for expenses incurred in attending meeting during orientation period prior to confirmation under facts stated. 63 Atty. Gen. 192.
15.406
15.406
Same; attached affiliated credentialing boards. 15.406(1)(1)
Physical therapists affiliated credentialing board. There is created in the department of regulation and licensing, attached to the medical examining board, a physical therapists affiliated credentialing board consisting of the following members appointed for 4-year terms:
15.406(2)
(2) Dietitians affiliated credentialing board. 15.406(2)(a)(a) There is created in the department of regulation and licensing, attached to the medical examining board, a dietitians affiliated credentialing board consisting of the following members appointed for 4-year terms:
15.406(2)(b)
(b) The dietitians affiliated credentialing board does not exist after June 30, 1999.
15.406 History
History: 1993 a. 107,
443.
15.407(1)(1)
Examining councils; medical examining board. Each of the examining councils created in the department of regulation and licensing under this subsection shall serve the medical examining board in an advisory capacity in the formulating of rules to be promulgated by the medical examining board for the regulation of a particular trade or profession.
Section 15.08 (1) to
(4) (a) and
(6) to
(10), shall apply to these examining councils.
15.407(1)(b)
(b)
Podiatrists. There is created a podiatrists examining council consisting of 3 licensed podiatrists appointed by the medical examining board and one public member. The members of the examining council shall serve staggered 4-year terms.
15.407(1)(c)
(c)
Occupational therapists. There is created an occupational therapy examining council consisting of 5 members appointed by the medical examining board for 3-year terms. Two members shall be occupational therapists certified under
ch. 448 who have performed or taught occupational therapy or performed research in occupational therapy for at least 3 years prior to appointment. One member shall be an occupational therapy assistant certified under
ch. 448. Two members shall be public members.
15.407(1)(d)
(d)
Respiratory care practitioners. There is created a respiratory care practitioners examining council consisting of 3 certified respiratory care practitioners, each of whom shall have engaged in the practice of respiratory care for at least 3 years preceding appointment, one physician and one public member. The respiratory care practitioner and physician members shall be appointed by the medical examining board. The members of the examining council shall serve 3-year terms.
15.407(2)
(2) Council on physician assistants. There is created a council on physician assistants in the department of regulation and licensing and serving the medical examining board in an advisory capacity. The council's membership shall consist of:
