LRB-2423/1
JPC:emw&amn
2023 - 2024 LEGISLATURE
April 3, 2023 - Introduced by Senators Stafsholt, Marklein, Stroebel and
Felzkowski, cosponsored by Representatives Gustafson, Sortwell,
Binsfeld, Bodden, Brooks, Dittrich, Green, Magnafici and Schmidt.
Referred to Committee on Licensing, Constitution and Federalism.
SB160,1,3
1An Act to amend 448.964 (1); and
to create 440.88 (3) (d), 441.16 (3m), 448.05
2(6) (av), 448.964 (3), 450.04 (4) and 457.125 of the statutes;
relating to:
3prohibiting statutes and rules examinations for certain professions.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Safety and Professional Services, the
Board of Nursing, the Medical Examining Board, the Occupational Therapists
Affiliated Credentialing Board, the Pharmacy Examining Board, and the Marriage
and Family Therapy, Professional Counseling, and Social Work Examining Board
from requiring an applicant to pass a statutes and rules examination as a condition
of licensure or certification for all of the following professions:
1. Substance abuse counselors, clinical substance abuse counselors, and
substance abuse counselors-in-training.
2. Advanced practice nurse prescribers.
3. Respiratory care practitioners.
4. Occupational therapists and occupational therapy assistants.
5. Pharmacists.
6. Professional counselors.
The bill allows DSPS and the examining and credentialing boards to require an
applicant for a credential to practice any of the professions listed above to affirm that
the applicant has read and understands the statutes and rules that apply to the
applicant's practice.
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:
SB160,1
1Section 1
. 440.88 (3) (d) of the statutes is created to read:
SB160,2,52
440.88
(3) (d) 1. The department may not require an applicant for certification
3as a substance abuse counselor, clinical substance abuse counselor, or substance
4abuse counselor-in-training to pass a statutes and rules examination as a condition
5of receiving an initial certification or a certification renewal.
SB160,2,96
2. The department may require an applicant for certification as a substance
7abuse counselor, clinical substance abuse counselor, or substance abuse
8counselor-in-training to affirm that the applicant has read and understands the
9statutes and rules that apply to the applicant's practice.
SB160,2
10Section 2
. 441.16 (3m) of the statutes is created to read:
SB160,2,1311
441.16
(3m) (a) The board may not require an applicant for certification under
12this section to pass a statutes and rules examination as a condition of receiving an
13initial certification or a certification renewal.
SB160,2,1614
(b) The board may require an applicant for certification under this section to
15affirm that the applicant has read and understands the statutes and rules that apply
16to the applicant's practice.
SB160,3
17Section 3
. 448.05 (6) (av) of the statutes is created to read:
SB160,2,2118
448.05
(6) (av) 1. The board may not require an applicant for certification as
19a respiratory care practitioner under s. 448.04 (1) (i) to pass a statutes and rules
20examination as a condition of receiving an initial certification or a certification
21renewal.
SB160,3,3
12. The board may require an applicant described under subd. 1. to affirm that
2the applicant has read and understands the statutes and rules that apply to the
3applicant's practice.
SB160,4
4Section 4
. 448.964 (1) of the statutes is amended to read:
SB160,3,85
448.964
(1) The Except as provided in sub. (3), the affiliated credentialing
6board shall conduct or arrange for examinations required for occupational therapist
7and occupational therapy assistant licensure under s. 448.963 (2) (c) and (3) (c) at
8times and places determined by the affiliated credentialing board.
SB160,5
9Section 5
. 448.964 (3) of the statutes is created to read:
SB160,3,1210
448.964
(3) (a) The affiliated credentialing board may not require an applicant
11for a license under s. 448.963 (2) or (3) to pass a statutes and rules examination as
12a condition of receiving an initial license or a license renewal.
SB160,3,1513
(b) The affiliated credentialing board may require an applicant for a license
14under s. 448.963 (2) or (3) to affirm that the applicant has read and understands the
15statutes and rules that apply to the applicant's practice.
SB160,6
16Section 6
. 450.04 (4) of the statutes is created to read:
SB160,3,1817
450.04
(4) (a) The board may not require an applicant to pass a statutes and
18rules examination as a condition of licensure as a pharmacist.
SB160,3,2019
(b) The board may require an applicant to affirm that the applicant has read
20and understands the statutes and rules that apply to the applicant's practice.
SB160,7
21Section 7
. 457.125 of the statutes is created to read:
SB160,3,25
22457.125 Professional counselor statutes and rules examination. (1) 23The examining board may not require an applicant for a license to practice as a
24professional counselor to pass a statutes and rules examination as a condition of
25receiving an initial license or a license renewal.
SB160,4,3
1(2) The examining board may require an applicant for a license to practice as
2a professional counselor to affirm that the applicant has read and understands the
3statutes and rules that apply to the applicant's practice.
