2013 WISCONSIN ACT
124
An Act
to renumber
450.19 (1) (a);
to renumber and amend
450.19 (1) (b) and 450.19 (2) (a);
to amend
15.405 (2) (a), 15.405 (17), 101.983 (title), 101.983 (1) (a), 101.983 (1) (b), 101.983 (1) (c) (intro.), 101.983 (1) (c) 1., 101.983 (1) (c) 2., 101.983 (1) (c) 3., 101.983 (1) (d) (intro.), 101.983 (1) (d) 1., 101.983 (1) (d) 2., 101.983 (2) (a), 101.983 (2) (c), 101.983 (3), 101.984 (3), 101.985 (3), 101.985 (5) (b) 1., 101.985 (5) (b) 2. b., 145.01 (5), 255.35 (1m) (g), 440.03 (13) (c), 440.974 (2), 441.01 (4), 441.04, 441.08, 441.10 (1), 441.10 (3) (e), 441.115 (1), 441.12 (2), 450.035 (1r), 450.035 (1t), 450.035 (2), 450.035 (2g), 450.05, 450.08 (1), 450.08 (2) (a), 450.085 (1), 450.19 (2) (intro.), 450.19 (2) (b), 450.19 (2) (d), 450.19 (2) (f), 450.19 (3) (a), 450.19 (3) (b), 452.01 (4) and 452.14 (4m) (intro.);
to repeal and recreate
101.983 (2) (title); and
to create
101.983 (4), 440.20 (5), 450.19 (2) (a) 2. and 450.19 (2) (a) 3. of the statutes;
relating to:
the authority and responsibilities of the Department of Safety and Professional Services and the various boards under that department, the membership of the Cosmetology Examining Board, professional licensure of pharmacists, the Pharmacy Examining Board's operation of the prescription drug monitoring program, authorizing the construction, installation, alteration, operation, and inspection of elevators and other similar conveyances, and licensing requirements for elevator mechanics, inspectors, and contractors.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
15.405 (2) (a) of the statutes is amended to read:
15.405
(2)
(a) In operation, the examining board shall be divided into an architect section, a landscape architect section,
an
a professional
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.
Section
2
.
15.405 (17) of the statutes is amended to read:
15.405
(17)
Cosmetology examining board.
There is created a cosmetology examining board in the department of safety and professional services. The cosmetology examining board shall consist of 9 members appointed for 4-year terms. Four members shall be licensed aestheticians or cosmetologists, 2 members shall be public members, one member shall be a representative of a private school of cosmetology, one member shall be a representative of a public school of cosmetology and one member shall be a licensed electrologist.
Except for the 2
No more than 4
members
representing schools, no member
may be connected with or have any financial interest in a cosmetology school.
Section
3
.
101.983 (title) of the statutes is amended to read:
101.983
(title)
Conveyance
Approvals and
permits
for conveyances
required.
Section
4
.
101.983 (1) (a) of the statutes is amended to read:
101.983
(1)
(a)
Permit
Approval
required.
No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s. 101.985 (1) has received
a permit
an approval
for the construction, installation, or alteration from the department.
Section
5
.
101.983 (1) (b) of the statutes is amended to read:
101.983
(1)
(b)
Application.
A person applying for
a permit
an approval
under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s. 101.12 (1) to avoid duplicative filing of information.
Section
6
.
101.983 (1) (c) (intro.) of the statutes is amended to read:
101.983
(1)
(c)
Revocation.
(intro.) The department may revoke
a permit
an
approval
issued under this subsection if the department finds any of the following:
Section
7
.
101.983 (1) (c) 1. of the statutes is amended to read:
101.983
(1)
(c) 1. That information submitted under par. (b) by the person obtaining the
permit
approval
contains false statements or misrepresentations of material fact.
Section
8
.
101.983 (1) (c) 2. of the statutes is amended to read:
101.983
(1)
(c) 2. That the
permit
approval
was issued in error.
Section
9
.
101.983 (1) (c) 3. of the statutes is amended to read:
101.983
(1)
(c) 3. That the work performed under the
permit
approval
is not consistent with information submitted under par. (b) by the person obtaining the
permit
approval
or is in violation of this subchapter or rules promulgated under this subchapter.
Section
10
.
101.983 (1) (d) (intro.) of the statutes is amended to read:
101.983
(1)
(d)
Expiration.
(intro.)
A permit
An approval
issued under this subsection expires under any of the following circumstances:
Section
11
.
101.983 (1) (d) 1. of the statutes is amended to read:
101.983
(1)
(d) 1. If the work authorized under the
permit
approval
is not commenced within 6 months after the date on which the
permit
approval
is issued, or within a shorter period of time as specified by the department at the time the
permit
approval
is issued.
Section
12
.
101.983 (1) (d) 2. of the statutes is amended to read:
101.983
(1)
(d) 2. If the work authorized under the
permit
approval
is suspended or abandoned for 60 consecutive days at any time following the commencement of the work, or for a shorter period of time as specified by the department at the time the
permit
approval
is issued.
Section
13
.
101.983 (2) (title) of the statutes, as affected by
2013 Wisconsin Act 20
, is repealed and recreated to read:
101.983
(2)
(title)
Operating permits; inspections.
Section
14
.
101.983 (2) (a) of the statutes is amended to read:
101.983
(2)
(a)
Permit
Operating permit
required.
No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit
for the
under this subsection from the department that authorizes its
operation
from the department. The department may not issue a permit required under this paragraph until all inspections required under par. (c) are completed
.
Section
15
.
101.983 (2) (c) of the statutes is amended to read:
101.983
(2)
(c)
Inspections.
The department may not issue or renew a permit
for a conveyance
under this subsection unless the department
has received
or an independent inspector has conducted an inspection of the conveyance and has prepared
an inspection report
for
certifying that
the conveyance
issued by an elevator inspector licensed under s. 101.985 (3) indicating that the conveyance
complies with this subchapter and any applicable rules promulgated under this subchapter.
This inspection by the department does not exempt the owner from the requirement to ensure that the department receives an inspection report from a licensed elevator inspector. Upon performing this inspection, the
Any inspection under this subsection or sub. (3) shall be performed by an inspector who is licensed under s. 101.985 (3).
(d)
Instruction on operation.
When issuing or renewing a permit under this subsection, the
department shall give the owner notice of relevant conveyance safety requirements and shall instruct the owner as to the procedure for obtaining periodic inspections and renewing the permit under which the
lift or equipment
conveyance
is operated.
101.983
(3)
Inspections; individual residential dwelling units.
No owner of a residence may sell or otherwise transfer
If the owner and a prospective buyer of
an individual residential dwelling unit that is served by a dumbwaiter or an elevator
unless the owner provides the purchaser or transferee, prior to the sale or transfer of the property, with an inspection report from
enter into a contract of sale for the unit that includes a provision requiring that the dumbwaiter or elevator be inspected, the inspection shall be performed by
an elevator inspector licensed under s. 101.985 (3)
that indicates that the dumbwaiter or elevator complies with this subchapter and any applicable rules promulgated under this subchapter
.
Section
17
.
101.983 (4) of the statutes is created to read:
101.983
(4)
Municipalities as agents.
The department may appoint a city or village as its agent to do any of the following:
(a) Issue approvals under sub. (1) (a).
(b) Issue or renew permits under sub. (2) (a).
(c) Conduct inspections and prepare inspection reports as provided under sub. (2) (c) and sub. (3).
(d) Give notice and provide instruction as required under sub. (2) (d).
Section
18
.
101.984 (3) of the statutes is amended to read:
101.984
(3)
Elevator inspector.
No individual may perform an
elevator
inspection
of a conveyance
in this state unless the individual is licensed as an elevator inspector under s. 101.985 (3)
and holds a certification as an elevator inspector issued by a person approved by the American Society of Mechanical Engineers
.
Section
19
.
101.985 (3) of the statutes is amended to read:
101.985
(3)
Elevator inspector.
The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide
elevator
inspection services
of conveyances as required under s. 101.983 (2)
. The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.
Section
20
.
101.985 (5) (b) 1. of the statutes is amended to read:
101.985
(5)
(b) 1.
Except as otherwise provided in this subdivision, an
An
applicant for renewal of a license under sub.
(1),
(2) (ab), (ad), or (b), or (3) shall provide to the department a certificate indicating that, during the
one-year period before the date on which the applicant's license expires
term of the license
, the applicant has satisfactorily met the education requirements established by rule under subd. 2.
If the applicant is not an individual, the certificate shall indicate that the education requirements were satisfactorily met by an individual who, as of the date of the application, is an agent of the applicant.
Section
21
.
101.985 (5) (b) 2. b. of the statutes is amended to read:
101.985
(5)
(b) 2. b. The number of hours of education required
on an annual basis
.
Section
22
.
145.01 (5) of the statutes is amended to read:
145.01
(5)
Governmental unit responsible for regulation of private on-site wastewater treatment systems.
"Governmental unit responsible for the regulation of private on-site wastewater treatment systems" or "governmental unit", unless otherwise qualified, means the county except that in a county with a population of
500,000
750,000
or more these terms mean the city, village or town where the private on-site wastewater treatment system is located.
Section
23
.
255.35 (1m) (g) of the statutes is amended to read:
255.35
(1m)
(g) "School of pharmacy" means a school of pharmacy that is accredited by the
American
Accreditation
Council
on Pharmaceutical
for Pharmacy
Education.
Section
24
.
440.03 (13) (c) of the statutes is amended to read:
440.03
(13)
(c) The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17),
an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08,
and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards
, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08,
to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
Section
25
.
440.20 (5) of the statutes is created to read:
440.20
(5)
In addition to any grounds for discipline specified in chs. 440 to 480, the department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder.
Section
26
.
440.974 (2) of the statutes is amended to read:
440.974
(2)
The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least
20
40
hours of continuing education
during each calendar year
every 2 years
.
Section
27
.
441.01 (4) of the statutes is amended to read:
441.01
(4)
The board shall direct that those schools
which
that
qualify be placed on
the accredited
a
list of schools
the board has approved
for professional nurses or of schools
the board has approved
for licensed practical nurses on application and proof of qualifications; and shall make a study of nursing education and initiate rules and policies to improve it.
Section
28
.
441.04 of the statutes is amended to read:
441.04
Requisites for examination as a registered nurse.
Any person who has graduated from a high school or its equivalent as determined by the board, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, holds a diploma of graduation from
an accredited
a
school of nursing
approved by the board or that the board has authorized to admit students pending approval,
and, if
the
that
school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse
,
;
and upon payment of the fee specified under s. 440.05 (1)
, that person
shall be entitled to examination.
Section
29
.
441.08 of the statutes is amended to read:
441.08
Temporary permit.
A nurse who has graduated from
an accredited
a
school
approved by the board or that the board has authorized to admit students pending approval
but
who
is not licensed in this state may be granted a temporary permit upon payment of the fee specified in s. 440.05 (6) by the board to practice for compensation until the nurse can qualify for licensure. The temporary permit may be renewed once. Each applicant for renewal of a temporary permit under this section shall complete the nursing workforce survey and pay the fee required under s. 441.01 (7). Further renewals may be granted in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.
Section
30
.
441.10 (1) of the statutes is amended to read:
441.10
(1)
Prerequisites for examination as licensed practical nurses.
A person who is 18 years of age or older, does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, has completed 2 years of high school or its equivalent as determined by the board
,
and holds a diploma of graduation from
an accredited
a
school for licensed practical nurses approved by
that
the
board
or that the board has authorized to admit students pending approval
, may apply to the board for licensing as a licensed practical nurse
,
;
and, upon payment of the examination fee specified in s. 440.05 (1),
that person
shall be entitled to take an examination. Any school for licensed practical nurses, in order to be
accredited
approved by the board
, must offer a course of not less than 9 months.
Section
31
.
441.10 (3) (e) of the statutes is amended to read:
441.10
(3)
(e) The board may grant a temporary permit to a practical nurse who has graduated from
an accredited
a
school
approved by the board or that the board has authorized to admit students pending approval
but
who
is not licensed in this state, upon payment of the fee specified in s. 440.05 (6), to practice for compensation until the practical nurse qualifies for licensure. The board may grant further renewals in hardship cases. The board may promulgate rules limiting the use and duration of temporary permits and providing for revocation of temporary permits.
Section
32
.
441.115 (1) of the statutes is amended to read:
441.115
(1)
This chapter
shall
may
not be construed to affect nursing by friends, members of the family
,
or undergraduates in
an accredited
a
school
approved by the board
, nor be construed to interfere with members of religious communities or orders having charge of hospitals or taking care of the sick in their homes, except that none of
such excepted
those
persons
while engaged in such activities shall
may
represent himself or herself as a registered, trained, certified
,
or graduate nurse unless registered under this subchapter.
Section
33
.
441.12 (2) of the statutes is amended to read:
441.12
(2)
No person
shall
may
operate in this state a school for professional nurses or a school for practical nurses unless the
same shall be accredited
school is approved
by the board. No solicitation
shall
may
be made in this state of the sale of, or registration in, a course by correspondence or conducted
without
outside of
the state for practical nurses unless all written material used in
such
the
solicitation plainly states in type as large as any other type on the material that the course is not
accredited in this state
approved by the board
for training of practical nurses.
Section
34
.
450.035 (1r) of the statutes is amended to read:
450.035
(1r)
A pharmacist may not administer by injection a prescribed drug product or device unless he or she has successfully completed a course of study and training in injection technique conducted by a course provider approved by the
American
Accreditation
Council
on Pharmaceutical
for Pharmacy
Education or the board. A pharmacist may administer a prescribed drug product or device under this subsection only in the course of teaching self-administration techniques to a patient. A pharmacist who administers a prescribed drug product or device under this subsection shall comply with the requirements and procedures established in rules promulgated by the board under s. 450.02 (2g) (b).
Section
35
.
450.035 (1t) of the statutes is amended to read:
450.035
(1t)
A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may not administer a prescribed drug product or device unless he or she has successfully completed a course of study and training in administration technique conducted by a course provider approved by the
American
Accreditation
Council
on Pharmaceutical
for Pharmacy
Education or the board. A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may administer a prescribed drug product or device under this subsection only under the direct supervision of a pharmacist who has successfully completed a course of study and training in administration technique conducted by a course provider approved by the
American
Accreditation
Council
on Pharmaceutical
for Pharmacy
Education or the board, and only in the course of teaching self-administration techniques to a patient. A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) who administers a prescribed drug product or device under this subsection shall comply with the requirements and procedures established in rules promulgated by the board under s. 450.02 (2g) (b).
Section
36
.
450.035 (2) of the statutes is amended to read:
450.035
(2)
A pharmacist may not administer a vaccine unless he or she has successfully completed 12 hours in a course of study and training, approved by the
American
Accreditation
Council
on Pharmaceutical
for Pharmacy
Education or the board, in vaccination storage, protocols, administration technique, emergency procedures
,
and record keeping and has satisfied the requirements specified in sub. (2t). A pharmacist may not administer a vaccine under this subsection to a person who is under the age of 6.
Section
37
.
450.035 (2g) of the statutes is amended to read:
450.035
(2g)
A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may not administer a vaccine unless he or she acts under the direct supervision of a pharmacist and he or she and the supervising pharmacist have successfully completed 12 hours in a course of study and training, approved by the
American
Accreditation
Council
on Pharmaceutical
for Pharmacy
Education or the board, in vaccination storage, protocols, administration technique, emergency procedures
,
and record keeping and the supervising pharmacist has satisfied the requirements specified in sub. (2t). A person engaged in the practice of pharmacy under s. 450.03 (1) (f) or (g) may not administer a vaccine under this subsection to a person who is under the age of 18.
Section
38
.
450.05 of the statutes is amended to read:
450.05
Pharmacist licensed in other state; licensure.
The board may, upon application and payment of the fee specified in s. 440.05 (2), license as a pharmacist any person who is licensed in another state if the person produces satisfactory evidence of having met requirements comparable to those that existed in this state at the time the person became licensed in the other state. The board
shall not
may deny a
license as a pharmacist under this section
to
any person whose license to practice pharmacy in another state has been voluntarily surrendered, limited, suspended
,
or revoked. The board may require an applicant under this section to pass an equivalency examination administered by the board. If the board requires an equivalency examination, any person licensed as a pharmacist in another state who is engaged in the active practice of pharmacy may only be required to pass an examination on state and federal laws, rules
,
and regulations.
Section
39
.
450.08 (1) of the statutes is amended to read:
450.08
(1)
The renewal date for all licenses granted by the board is specified under s. 440.08 (2) (a).
Only
Except as provided under sub. (2) (a), only
a holder of an unexpired license may engage in his or her licensed activity.
Section
40
.
450.08 (2) (a) of the statutes is amended to read:
450.08
(2)
(a) A pharmacist's license may be renewed by complying with continuing education requirements under s. 450.085 and paying the applicable fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).
Failure
Notwithstanding s. 440.08 (3) (a), if a pharmacist fails
to obtain renewal
within the time period specified under this paragraph terminates the right of the person to be licensed as a pharmacist
by that date, the board may suspend the pharmacist's license
, and
such right can only be acquired by passing
the board may require the pharmacist to pass
an examination to the satisfaction of the board
to restore that license
.
Section
41
.
450.085 (1) of the statutes is amended to read:
450.085
(1)
An applicant for renewal of a license under s. 450.08 (2) (a) shall submit proof that he or she has completed, within the 2-year period immediately preceding the date of his or her application, 30 hours of continuing education in courses conducted by a provider that is approved by the
American
Accreditation
Council
on Pharmaceutical
for Pharmacy
Education or in courses approved by the board. Courses specified in s. 450.035 (1r) and (2) are courses in continuing education for purposes of this subsection. This subsection does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.
Section
42
.
450.19 (1) (a) of the statutes, as affected by
2013 Wisconsin Act 3
, is renumbered 450.19 (1) (ar).
Section
43
.
450.19 (1) (b) of the statutes, as affected by
2013 Wisconsin Act 3
, is renumbered 450.19 (1) (ag) and amended to read:
450.19
(1)
(ag) "
Prescription
Monitored prescription
drug" means a substance identified in s. 961.16
or
,
961.18
, 961.20, or 961.22
or a drug identified by the board by rule as having a substantial potential for abuse.
Section
44
.
450.19 (2) (intro.) of the statutes is amended to read:
450.19
(2)
(intro.) The board shall establish by rule a program for monitoring the dispensing of
monitored
prescription drugs. The program shall do all of the following:
Section
45
.
450.19 (2) (a) of the statutes is renumbered 450.19 (2) (a) (intro.) and amended to read:
450.19
(2)
(a) (intro.) Require a
pharmacist
pharmacy
or
a
practitioner to generate a record documenting each dispensing of a
monitored
prescription drug
at the pharmacy or, if the monitored prescription drug is not dispensed at a pharmacy, by the practitioner
and to deliver the record to the board, except that the program may not require the generation of a record
when a
in any of the following circumstances:
1. A monitored prescription
drug is administered directly to a patient.
Section
46
.
450.19 (2) (a) 2. of the statutes is created to read:
450.19
(2)
(a) 2. A monitored prescription drug is compounded, packaged, or labeled in preparation for delivery but is not delivered.
Section
47
.
450.19 (2) (a) 3. of the statutes is created to read:
450.19
(2)
(a) 3. The prescription order is for a monitored prescription drug that is a substance listed in the schedule in s. 961.22 and is not a narcotic drug, as defined in s. 961.01 (15), and the prescription order is for a number of doses that is intended to last the patient 7 days or less.
Section
48
.
450.19 (2) (b) of the statutes is amended to read:
450.19
(2)
(b) Identify specific data elements to be contained in a record documenting the dispensing of a
monitored
prescription drug. In identifying specific data elements, the board shall consider data elements identified by similar programs in other states and shall ensure, to the extent possible, that records generated by the program are easily shared with other states.
Section
49
.
450.19 (2) (d) of the statutes is amended to read:
450.19
(2)
(d) Specify a secure electronic format for delivery of a record generated under the program and authorize the board to grant a
pharmacist
pharmacy
or practitioner a waiver of the specified format.
Section
50
.
450.19 (2) (f) of the statutes is amended to read:
450.19
(2)
(f) Specify
a penalty
the discipline
for failure to comply with rules promulgated under this subsection.
Section
51
.
450.19 (3) (a) of the statutes is amended to read:
450.19
(3)
(a) A
pharmacy,
pharmacist
,
or practitioner is immune from civil or criminal liability or professional discipline arising from the
pharmacy's,
pharmacist's
,
or practitioner's compliance in good faith with this section or with rules promulgated under this section.
Section
52
.
450.19 (3) (b) of the statutes is amended to read:
450.19
(3)
(b) Nothing in this section may be construed to require a
pharmacy,
pharmacist
,
or practitioner to obtain, before prescribing or dispensing a
monitored
prescription
drug
to a patient, information about the patient that has been collected pursuant to the program
described
established
under sub. (2).
Section
53
.
452.01 (4) of the statutes is amended to read:
452.01
(4)
"Disciplinary proceeding" means a proceeding against one or more licensees or registrants in which the board may revoke, suspend
,
or limit a license or registration, reprimand a licensee or registrant,
issue a private letter of warning to a licensee or registrant,
or assess a forfeiture or require education or training under s. 452.14 (4m).
Section
54
.
452.14 (4m) (intro.) of the statutes is amended to read:
452.14
(4m)
(intro.) In addition to or in lieu of a reprimand
, the issuance of a private letter of warning
or a revocation, limitation
,
or suspension of a license or certificate of registration under sub. (3), the board may do any of the following:
Section
55
.
Initial applicability.
(1) The treatment of section 101.985 (5) (b) 1. and 2. b. of the statutes first applies to applications for renewals of licenses that are submitted to the department on the effective date of this subsection.
