LRBs0066/2
MED:cdc/wlj/amn
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 204
May 30, 2023 - Offered by Representative Macco.
AB204-ASA1,2,16
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
372., 440.08 (2) (c), 446.025 (3) (a) and 446.026 (3) (a);
to amend 440.03 (14) (c),
4440.03 (15), 440.032 (5), 440.08 (2) (title), 440.08 (2) (a) (intro.), 440.08 (2) (b),
5440.08 (4) (a), 440.09 (3) (a), 440.26 (3), 440.26 (5m) (b), 440.313 (1), 440.415 (2)
6(a), 440.71 (3), 440.88 (4), 440.905 (2), 440.91 (1) (c), 440.91 (1m) (c), 440.91 (4),
7440.92 (1) (c), 440.972 (2), 440.974 (2), 440.98 (6), 440.983 (1), 440.9935, 441.01
8(7) (a) (intro.), 441.01 (7) (a) 1., 441.01 (7) (b), 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),
1448.55 (2), 448.65 (2) (intro.), 448.665, 448.86 (2), 448.9545 (1) (a), 448.9545 (1)
2(b) (intro.), 448.955 (1), 448.955 (2) (a), 448.955 (3) (a), 448.956 (1) (c), 448.967
3(2), 448.9703 (3) (a), 448.9706 (2), 448.974 (2) (a), 449.06 (1), 449.06 (2m), 450.08
4(1), 450.08 (2) (a), 450.08 (2) (b), 450.085 (1), 451.04 (4), 452.05 (1) (d), 452.12
5(1), 452.12 (5) (a), 452.12 (5) (c), 452.132 (2) (c), 454.06 (8), 454.08 (9), 454.23 (5),
6454.25 (9), 455.06 (1) (a), 455.065 (7), 456.07 (2), 456.07 (5), 457.20 (2), 457.22
7(2), 458.085 (3), 458.09 (3), 458.11, 458.13, 458.33 (5), 459.09 (1) (intro.), 459.09
8(1) (b), 459.24 (5) (intro.), 459.24 (5) (b), 460.07 (2) (intro.), 460.10 (1) (a), 462.05
9(1), 466.04 (3) (a) (intro.), 470.045 (3) (b), 470.07 and 480.08 (5);
to repeal and
10recreate 448.13 (title) and 456.07 (title); and
to create 440.08 (2) (a) 1n., 2n.,
113n. and 4n., 440.08 (2) (ag) (intro.), 440.08 (2) (ar), 440.08 (2m) (title), 440.08
12(2m) (b), 440.08 (3m), 440.20 (6), 446.025 (3) (a) 2. and 446.026 (3) (a) 2. of the
13statutes;
relating to: renewal dates and continuing education requirements
14for certain credentials issued by the Department of Safety and Professional
15Services and credentialing boards, the nursing workforce survey, and granting
16rule-making authority.
This substitute amendment differs from 2023 Assembly Bill 204 in the
following respects:
1. Under the bill, renewal periods for credentials are changed from every two
years to every four years, and continuing education is then required to be completed
on a four-year basis instead of a two-year basis. To account for the longer renewal
period, for continuing education requirements where specific numbers of hours are
specified in the statutes, the number of hours is doubled. The bill grants emergency
rule-making authority to the Department of Safety and Professional Services and
credentialing boards, to allow them to modify their rules as needed to account for the
change in renewal periods, including to modify continuing education requirements
where specific numbers of hours are not specified in the statutes and are instead set
by rule.
Under the substitute amendment, for continuing education requirements
where specific numbers of hours are specified in the statutes, continuing education
continues to be required on a two-year basis, notwithstanding the change of renewal
periods from two years to four years. The substitute amendment provides that DSPS
or the interested examining board or affiliated credentialing board may 1) impose
discipline for a failure to meet continuing education requirements and may specify
makeup continuing education requirements that must be completed in order to
maintain a credential or to restore it to good standing and may 2) allow the holder
of a credential who fails to complete continuing education requirements within a
required period to complete such makeup requirements in order to be able to renew
the credential, notwithstanding the failure. The substitute amendment retains the
provision described above granting emergency rule-making authority.
2. Current law requires all registered nurses and licensed practical nurses,
when renewing their licenses, to complete a nursing workforce survey developed by
the Department of Workforce Development. DWD is required to compile, process,
and evaluate the survey results and submit a report of its findings to various
specified recipients. Current law also requires all nurses to pay a nursing workforce
survey of $4 when renewing their licenses, moneys which are used to fund the survey
costs and a nursing grant.
The substitute amendment makes completing the survey and paying the fee
optional and instead requires the Board of Nursing to provide all registered nurses
and licensed practical nurses an opportunity to complete the survey and pay the fee.
3. The substitute amendment codifies into statute the number of hours of
continuing education required for real estate brokers and salespersons and for real
estate appraisers.
4. The substitute amendment provides for a six-month delayed effective date,
instead of the three-month delayed effective date specified in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB204-ASA1,1
1Section 1
. 440.03 (14) (c) of the statutes is amended to read:
AB204-ASA1,3,82
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-ASA1,2
1Section
2. 440.03 (15) of the statutes is amended to read:
AB204-ASA1,4,32
440.03
(15) The department shall promulgate rules that establish the fees
3specified in ss. 440.05 (10) and 440.08
(2) (d)
(2m) (c).
AB204-ASA1,3
4Section 3
. 440.032 (5) of the statutes is amended to read:
AB204-ASA1,4,115
440.032
(5) License renewal. The renewal dates for licenses granted under
6sub. (3)
are specified in shall be as determined under s. 440.08 (2)
(a) 68c. Renewal
7applications shall be submitted to the department 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 that the person's
10certification or membership specified in sub. (3) that is required for the license has
11not been revoked or invalidated.
AB204-ASA1,4
12Section 4
. 440.08 (2) (title) of the statutes is amended to read:
AB204-ASA1,4,1313
440.08
(2) (title)
Renewal dates
, fees and applications.
AB204-ASA1,5
14Section 5
. 440.08 (2) (a) (intro.) of the statutes is amended to read:
AB204-ASA1,4,1915
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
16444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06
17(1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448,
the renewal dates for
18credentials are as follows all of the following apply with respect to renewals of
19credentials:
AB204-ASA1,6
20Section 6
. 440.08 (2) (a) 1. to 72. of the statutes are renumbered 440.08 (2) (ag)
211. to 72. and amended to read:
AB204-ASA1,4,2322
440.08
(2) (ag) 1. Accountant, certified public: December 15 of
each every other 23odd-numbered year.
AB204-ASA1,4,2524
3. Accounting corporation or partnership: December 15 of
each every other 25odd-numbered year.
AB204-ASA1,5,1
14. Acupuncturist: July 1 of
each every other odd-numbered year.
AB204-ASA1,5,32
4m. Advanced practice nurse prescriber: October 1 of
each every other 3even-numbered year.
AB204-ASA1,5,44
5. Aesthetician: April 1 of
each every other odd-numbered year.
AB204-ASA1,5,55
6. Aesthetics establishment: April 1 of
each
every other odd-numbered year.
AB204-ASA1,5,66
8. Aesthetics school: April 1 of
each every other odd-numbered year.
AB204-ASA1,5,77
9. Aesthetics specialty school: April 1 of
each
every other odd-numbered year.
AB204-ASA1,5,98
9m. Substance abuse counselor, clinical supervisor, or prevention specialist:
9except as limited in s. 440.88 (4), March 1 of
each
every other odd-numbered year.
AB204-ASA1,5,1110
10. Anesthesiologist assistant: October 1 of
each
every other even-numbered
11year.
AB204-ASA1,5,1312
10m. Appraisal management company: December 15 of
each every other 13odd-numbered year.
AB204-ASA1,5,1514
11. Appraiser, real estate, certified general: December 15 of
each every other 15odd-numbered year.
AB204-ASA1,5,1716
11m. Appraiser, real estate, certified residential: December 15 of
each every
17other odd-numbered year.
AB204-ASA1,5,1918
12. Appraiser, real estate, licensed: December 15 of
each every other 19odd-numbered year.
AB204-ASA1,5,2020
13. Architect: August 1 of
each every other even-numbered year.
AB204-ASA1,5,2221
14. Architectural or engineering firm, partnership or corporation: February 1
22of
each every other even-numbered year.
AB204-ASA1,5,2323
14d. Athlete agent: July 1 of
each every other even-numbered year.
AB204-ASA1,5,2424
14f. Athletic trainer: July 1 of
each every other even-numbered year.
AB204-ASA1,5,2525
14g. Auction company: December 15 of
each every other even-numbered year.
AB204-ASA1,6,1
114r. Auctioneer: December 15 of
each
every other even-numbered year.
AB204-ASA1,6,22
15. Audiologist: February 1 of
each every other odd-numbered year.
AB204-ASA1,6,33
15m. Barber: April 1 of
each every other odd-numbered year.
AB204-ASA1,6,44
16. Barbering establishment: April 1 of
each
every other odd-numbered year.
AB204-ASA1,6,55
19. Barbering school: April 1 of
each every other odd-numbered year.
AB204-ASA1,6,66
20m. Behavior analyst: December 15 of
each
every other even-numbered year.
AB204-ASA1,6,87
21. Cemetery authority, licensed: December 15 of
each every other 8even-numbered year.
AB204-ASA1,6,109
21m. Cemetery authority, registered: December 15 of
each every other 10even-numbered year
; $10.
AB204-ASA1,6,1211
22. Cemetery preneed seller: December 15 of
each
every other even-numbered
12year.
AB204-ASA1,6,1413
23. Cemetery salesperson: December 15 of
each
every other even-numbered
14year.
AB204-ASA1,6,1615
23p. Chiropractic radiological technician: December 15 of
each every other 16even-numbered year.
AB204-ASA1,6,1817
23s. Chiropractic technician: December 15 of
each
every other even-numbered
18year.
AB204-ASA1,6,1919
24. Chiropractor: December 15 of
each every other even-numbered year.
AB204-ASA1,6,2020
24b. Cosmetologist: April 1 of
each every other odd-numbered year.
AB204-ASA1,6,2221
24d. Cosmetology establishment: April 1 of
each
every other odd-numbered
22year.
AB204-ASA1,6,2323
24k. Cosmetology school: April 1 of
each every other odd-numbered year.
