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AB64,824,1918 (a) The council's recommendations for the elimination of occupational licenses
19based on all of the following:
AB64,824,2320 1. The council's evaluation of whether the unregulated practice of the
21profession, occupation, or trade can clearly harm or endanger the health, safety, or
22welfare of the public, and whether the potential for the harm is recognizable and not
23remote or speculative.
AB64,824,2524 2. The council's evaluation of whether the public reasonably benefits from the
25occupational license requirement.
AB64,825,2
13. The council's evaluation of whether the public can be effectively protected
2by any means other than requiring an occupational license.
AB64,825,43 3. The council's analysis of whether licensure requirements for the regulated
4profession, occupation, or trade exist in other states.
AB64,825,65 4. The council's estimate of the number of individuals or entities that are
6affected by the occupational license requirement.
AB64,825,117 5. The council's estimate of the total financial burden imposed on individuals
8or entities as a result of the occupational licensure requirement, including education
9or training costs, examination fees, private credential fees, occupational license fees
10imposed by the state, and other costs individuals or entities incur in order to obtain
11the required occupational license.
AB64,825,1312 6. Any statement or analysis provided by the agency or board administering
13the occupation license.
AB64,825,1614 (b) The council's recommendations for the reduction or elimination of
15continuing education requirements for occupational licenses not recommended for
16elimination under par. (a).
AB64,825,18 17(3) Legislative action. (a) The legislative reference bureau shall prepare
18legislation that gives effect to the council's recommendations under sub. (2).
AB64,825,2419 (b) A bill prepared under par. (a) shall be introduced without change in each
20house of the legislature by the joint committee on legislative organization and shall
21be put on the calendar or referred to the appropriate scheduling committee of each
22house, except that the joint committee on legislative organization may submit the bill
23or a suitable portion of the bill to an appropriate legislative committee for advisory
24recommendations.
AB64,826,2
1(c) A bill introduced under par. (b) may not be amended, and the legislature
2shall take final action on the bill no later than June 30, 2019.
AB64,826,33 (d) A bill introduced under par. (b) is not subject to s. 13.093 (1).
AB64,1902 4Section 1902. 440.023 of the statutes, as created by 2017 Wisconsin Act ....
5(this act), is repealed.
AB64,1903 6Section 1903. 440.03 (1c) of the statutes is created to read:
AB64,826,187 440.03 (1c) The department shall promulgate rules specifying a procedure for
8addressing allegations that a credential holder has practiced while impaired by
9alcohol or other drugs or that his or her ability to practice is impaired by alcohol or
10other drugs, and for assisting a credential holder who requests to participate in the
11procedure. In promulgating rules under this subsection, the department shall seek
12to facilitate early identification of chemically dependent credential holders and
13encourage their rehabilitation. The rules promulgated under this subsection may
14be used by the department, the real estate appraisers board, and all examining
15boards and affiliated credentialing boards attached to the department or an
16examining board in conjunction with the procedures established under sub. (1). The
17department may contract with another entity to administer the procedure specified
18under the rules promulgated under this subsection.
AB64,1904 19Section 1904. 440.03 (4m) of the statutes is created to read:
AB64,826,2320 440.03 (4m) Except as otherwise permitted in chs. 440 to 480, the department
21may require a credential holder to submit proof of the continuing education
22programs or courses that he or she has completed only if a complaint is made against
23the credential holder.
AB64,1905 24Section 1905. 440.03 (14) (em) of the statutes is created to read:
AB64,827,5
1440.03 (14) (em) The department may, in addition to or in lieu of any
2disciplinary action under par. (e), assess a forfeiture of not more than $1,000 for each
3separate offense against a person who violates this subsection or any rule
4promulgated under par. (d) if the violation presents a serious risk to public health
5or public safety. Each day of continued violation constitutes a separate offense.
AB64,1906 6Section 1906. 440.03 (16) of the statutes is amended to read:
AB64,827,107 440.03 (16) Annually, the department shall distribute the form developed by
8the medical and optometry examining boards
under 2001 Wisconsin Act 16, section
99143 (3c), to all school districts and charter schools that offer kindergarten, to be used
10by pupils to provide evidence of eye examinations under s. 118.135.
AB64,1907 11Section 1907. 440.032 (title) of the statutes is repealed.
AB64,1908 12Section 1908. 440.032 (1) (intro.) of the statutes is renumbered 459.40 (intro.)
13and amended to read:
AB64,827,14 14459.40 Definitions. (intro.) In this section subchapter:
AB64,1909 15Section 1909. 440.032 (1) (a) of the statutes is renumbered 459.40 (1).
AB64,1910 16Section 1910. 440.032 (1) (b) of the statutes is repealed.
AB64,1911 17Section 1911. 440.032 (1) (c) of the statutes is renumbered 459.40 (3).
AB64,1912 18Section 1912. 440.032 (1) (d) of the statutes is renumbered 459.40 (4) and
19amended to read:
AB64,828,220 459.40 (4) “Wisconsin interpreting and transliterating assessment" means a
21program administered by the department of health services to determine and verify
22the level of competence of communication access services providers who are not
23certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the
24National Association of the Deaf or its successor, or other another similar nationally

1recognized certification organization, or a successor program administered by the
2department of health services.
AB64,1913 3Section 1913. 440.032 (2) of the statutes is renumbered 459.41, and 459.41 (1),
4(2) (intro.) and (c) and (3), as renumbered, are amended to read:
AB64,828,85 459.41 (1) Except as provided in pars. (b) and (c) subs. (2) and (3), no person
6may, for compensation, provide sign language interpretation services for a client
7unless the person is licensed by the department examining board under sub. (3) s.
8459.42
.
AB64,828,10 9(2) (intro.) No license is required under this subsection sub. (1) for any of the
10following:
AB64,828,1511 (c) A person interpreting at a religious service or at a religious function,
12including educational or social events sponsored by a religious organization. This
13subdivision paragraph does not apply to a person interpreting for a religious
14organization at a professional service provided or sponsored by the religious
15organization.
AB64,828,22 16(3) (a) The council examining board may grant a temporary exemption from the
17requirement under sub. (1)
to an individual who is not a resident of this state that
18authorizes the individual to provide interpretation services for a period not to exceed
1920 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc.,
20or its successor, or the National Association of the Deaf or its successor. The council
21examining board may not grant an individual more than 2 temporary exemptions
22under this subdivision paragraph per year.
AB64,829,223 (b) The council examining board may grant a temporary or permanent
24exemption from the requirement under sub. (1) to an individual who is a resident of
25this state that authorizes the individual to provide interpretation services for a

1period specified by the council examining board or for persons specified by the council
2examining board.
AB64,1914 3Section 1914. 440.032 (3) of the statutes is renumbered 459.42, and 459.42 (1)
4(a) (intro.) and 3., (b) and (c) and (2) (a) (intro.), (b) (intro.) and (c), as renumbered,
5are amended to read:
AB64,829,126 459.42 (1) (a) (intro.) The department examining board shall grant a license
7as a sign language interpreter to an applicant who submits an application on a form
8provided by the department, pays the fee determined by the department under s.
9440.03 (9) (a), and submits evidence satisfactory to the department examining board
10that the applicant has received an associate degree in sign language interpretation
11or has received a certificate of completion of an education and training program
12regarding such interpretation, and the applicant has one of the following:
AB64,829,1513 3. Any valid certification granted by any other organization that the
14department examining board determines is substantially equivalent to a
15certification specified in subd. 1. a. or b. or 2.
AB64,829,2116 (b) The department examining board shall grant a license as a sign language
17interpreter to an applicant who submits an application on a form provided by the
18department and pays the fee determined by the department under s. 440.03 (9) (a),
19if the applicant has a certification specified in subd. 1. a. par. (a) 1. and if the
20applicant provides to the department examining board satisfactory evidence of a
21diagnosis by a physician that the applicant is deaf or hard of hearing.
AB64,830,622 (c) The department examining board shall grant a license as a sign language
23interpreter to an applicant who has not received an associate degree in sign language
24interpretation or a certificate of completion of an education and training program
25regarding such interpretation, but who otherwise satisfies the requirements in subd.

11.
par. (a) (intro.), if, within 24 months after establishing residency in the state, the
2applicant provides evidence satisfactory to the department examining board that the
3applicant holds one of the certifications specified in subd. 1. a., b., or c. par. (a) 1., 2.,
4or 3.
, that the applicant obtained the certification prior to establishing residency in
5the state, and that the applicant held the certification at the time the applicant
6established residency in the state.
AB64,830,11 7(2) (a) (intro.) The department examining board shall grant a license as a sign
8language interpreter to an applicant who submits an application on a form provided
9by the department, pays the fee determined by the department under s. 440.03 (9)
10(a), and submits evidence satisfactory to the department examining board of all of
11the following:
AB64,830,1712 (b) (intro.) The department examining board shall grant a restricted license as
13a sign language interpreter, authorizing the holder to provide interpretation services
14only under the supervision of an interpreter licensed under par. (a) sub. (1), to an
15applicant who submits an application on a form provided by the department, pays
16the fee determined by the department under s. 440.03 (9) (a), and submits evidence
17satisfactory to the department examining board of all of the following:
AB64,830,1918 (c) A license granted under subd. 1. or 2. par. (a) or (b) may be renewed twice
19and is not valid upon the expiration of the 2nd renewal period.
AB64,1915 20Section 1915. 440.032 (4) of the statutes is renumbered 459.44 and amended
21to read:
AB64,831,2 22459.44 Notification required. A person who is licensed under sub. (3) s.
23459.42
shall notify the department examining board in writing within 30 days if the
24person's certification or membership specified in sub. (3) s. 459.42 that is required
25for the license is revoked or invalidated. The department examining board shall

1revoke a license granted under sub. (3) s. 459.42 if such a certification or membership
2is revoked or invalidated.
AB64,1916 3Section 1916. 440.032 (5) of the statutes is renumbered 459.43 and amended
4to read:
AB64,831,11 5459.43 License renewal. The renewal dates date for licenses granted under
6sub. (3) (a) are s. 459.42 (1) is specified in s. 440.08 (2) (a) 68c. Renewal applications
7shall be submitted to the department examining board on a form provided by the
8department and shall include the renewal fee determined by the department under
9s. 440.03 (9) (a) and evidence satisfactory to the department examining board that
10the person's certification or membership specified in sub. (3) s. 459.42 that is
11required for the license has not been revoked or invalidated.
AB64,1917 12Section 1917. 440.032 (6) (intro.) of the statutes is renumbered 459.45 (1)
13(intro.) and amended to read:
AB64,831,1514 459.45 (1) Council. (intro.) The council Subject to sub. (2), the examining
15board
shall do all of the following:
AB64,1918 16Section 1918. 440.032 (6) (a) of the statutes is repealed.
AB64,1919 17Section 1919. 440.032 (6) (b) of the statutes is renumbered 459.45 (1) (a) and
18amended to read:
AB64,831,2119 459.45 (1) (a) Advise the department regarding the promulgation and
20implementation of
Promulgate and implement rules regarding the practice of sign
21language interpreters.
AB64,1920 22Section 1920. 440.032 (6) (c) of the statutes is renumbered 459.45 (1) (d).
AB64,1921 23Section 1921. 440.032 (6) (d) of the statutes is renumbered 459.45 (1) (c) and
24amended to read:
AB64,832,2
1459.45 (1) (c) Promulgate rules establishing a process and criteria for granting
2exemptions under sub. (2) (c) 2. s. 459.41 (3) (b).
AB64,1922 3Section 1922. 440.032 (6) (e) of the statutes is repealed.
AB64,1923 4Section 1923. 440.032 (7) (title) of the statutes is repealed.
AB64,1924 5Section 1924. 440.032 (7) (a) of the statutes is renumbered 459.45 (2) and
6amended to read:
AB64,832,97 459.45 (2) The department examining board may not promulgate rules that
8impose requirements for granting a license under s. 459.42 that are in addition to the
9requirements specified in sub. (3) s. 459.42.
AB64,1925 10Section 1925. 440.032 (7) (b) of the statutes is renumbered 459.45 (1) (b) and
11amended to read:
AB64,832,2012 459.45 (1) (b) After considering the recommendations of the council, the
13department shall promulgate
Promulgate rules that establish a code of ethics that
14governs the professional conduct of persons licensed under sub. (3) s. 459.42. In
15promulgating rules under this paragraph, the department examining board shall
16consider including as part or all of the rules part or all of the code of ethics established
17by the Registry of Interpreters for the Deaf, Inc., or its successor. The department
18examining board shall periodically review the code of ethics established by the
19Registry of Interpreters for the Deaf, Inc., or its successor, and, if appropriate, revise
20the rules promulgated under this paragraph to reflect revisions to that code of ethics.
AB64,1926 21Section 1926. 440.032 (8) (title) of the statutes is renumbered 459.46 (title).
AB64,1927 22Section 1927. 440.032 (8) of the statutes is renumbered 459.46 (1) and
23amended to read:
AB64,833,524 459.46 (1) Subject to the rules promulgated under s. 440.03 (1), the department
25examining board may make investigations and conduct hearings to determine

1whether a violation of this section subchapter or any rule promulgated under this
2section subchapter has occurred and may reprimand a person who is licensed under
3sub. (3) s. 459.42 or may deny, limit, suspend, or revoke a license granted under sub.
4(3)
s. 459.42 if it finds that the applicant or licensee has violated this section
5subchapter or any rule promulgated under this section subchapter.
AB64,1928 6Section 1928. 440.032 (9) of the statutes is renumbered 459.47 and amended
7to read:
AB64,833,10 8459.47 Penalty. A person who violates this section subchapter or any rule
9promulgated under this section subchapter may be fined not more than $200 or
10imprisoned for not more than 6 months or both.
AB64,1929 11Section 1929. 440.035 (2) of the statutes is created to read:
AB64,833,1612 440.035 (2) Except as otherwise permitted in chs. 440 to 480, an examining
13board or affiliated credentialing board attached to the department or an examining
14board may require a credential holder to submit proof of the continuing education
15programs or courses that he or she has completed only if a complaint is made against
16the credential holder.
AB64,1930 17Section 1930. 440.035 (2m) of the statutes is amended to read:
AB64,833,2218 440.035 (2m) The medical examining board, the podiatry affiliated
19credentialing board,
the board of nursing, or the dentistry examining board, or the
20optometry examining board
may issue guidelines regarding best practices in
21prescribing controlled substances, as defined in s. 961.01 (4), for persons
22credentialed by that board who are authorized to prescribe controlled substances.
AB64,1931 23Section 1931. 440.23 (2) (c) of the statutes is amended to read:
AB64,833,2524 440.23 (2) (c) Pays the charge for an unpaid draft established by the depository
25selection board
under s. 20.905 (2).
AB64,1932
1Section 1932. 440.26 (6) (am) of the statutes is created to read:
AB64,834,62 440.26 (6) (am) The department may, in addition to or in lieu of any disciplinary
3action under par. (a), assess a forfeiture of not more than $1,000 for each separate
4offense against a person who violates par. (a) 1. to 5. if the violation presents a serious
5risk to public health or public safety. Each day of continued violation constitutes a
6separate offense.
AB64,1933 7Section 1933. 440.316 (2m) of the statutes is created to read:
AB64,834,128 440.316 (2m) The department may, in addition to or in lieu of any disciplinary
9action under sub. (2), assess a forfeiture of not more than $1,000 for each separate
10offense against a person who violates sub. (2) (a) to (i) if the violation presents a
11serious risk to public health or public safety. Each day of continued violation
12constitutes a separate offense.
AB64,1934 13Section 1934. 440.317 of the statutes is repealed.
AB64,1935 14Section 1935. Subchapter V (title) of chapter 440 [precedes 440.51] of the
15statutes is amended to read:
AB64,834,1616 CHAPTER 440
AB64,834,1717 SUBCHAPTER V
AB64,834,1818 PEDDLERS; PRIVATE schools
AB64,1936 19Section 1936. 440.52 (title) of the statutes is created to read:
AB64,834,21 20440.52 (title) Private trade, correspondence, business, and technical
21schools.
AB64,1937 22Section 1937. 440.88 (6) of the statutes is amended to read:
AB64,835,923 440.88 (6) Revocation, denial, suspension, or limitation of certification
24Disciplinary proceedings and actions
. The department may, after a hearing held
25in conformity with ch. 227, revoke, deny, suspend, or limit under this subchapter the

1certification of any substance abuse counselor, clinical supervisor, or prevention
2specialist or reprimand the substance abuse counselor, clinical supervisor, or
3prevention specialist, for practice of fraud or deceit in obtaining the certification or
4any unprofessional conduct, incompetence, or professional negligence. The
5department may also, in addition to or in lieu of any such disciplinary action, assess
6a forfeiture of not more than $1,000 for each separate instance of fraud or deceit in
7obtaining the certification or unprofessional conduct, incompetence, or professional
8negligence, if the violation presents a serious risk to public health or public safety.
9Each day of continued violation constitutes a separate offense.
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