Amendment SSA1-SB320

LRBs0232/1

MED&JPC:skw

2023 - 2024 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 320

January 24, 2024 - Offered by Senator Stafsholt.

SB320-SSA1,2,9 An Act to repeal 440.09 (1), 440.09 (2) (b), 440.09 (2m), 440.09 (4), 440.88 (7), 440.972 (1m), 440.98 (7), 441.06 (1m), 441.10 (8), 443.06 (2) (d), 443.10 (1) (a), (b), (c) and (e), 445.08, 446.02 (3g), 447.02 (3) (a) 2., 447.04 (1) (b), 447.04 (2) (b), 448.53 (3), 448.535 (2), 448.63 (2), 448.82, 448.953 (2), 448.966, 448.9704 (2) (a), 448.974 (1) (b), 449.055, 450.05, 450.071 (3m), 451.08, 454.13 (1), 454.27 (1), 455.04 (3), 456.08, 457.15, 458.06 (4m), 458.08 (4), 459.05 (1m), 459.28 (1), 460.09, 470.06 and 480.12 (1); to renumber 440.09 (3) (a), 443.10 (1) (d), 448.535 (1), 448.9704 (2) (b), 454.13 (2), 454.27 (2), 459.28 (2) and 480.12 (2); to renumber and amend 448.974 (1) (a), 458.06 (2) (intro.), 458.08 (2) (intro.) and 459.05 (1); to consolidate, renumber and amend 447.02 (3) (a) (intro.) and 1.; to amend 251.06 (3) (e) 3., 440.09 (title), 440.09 (2) (c), 440.09 (2) (f), 443.01 (3r) (a), 443.01 (3r) (b), 443.02 (2), 443.02 (3), 443.18 (1) (a), 443.18 (2) (a), 445.07 (2) (b), 447.04 (2) (c) 1., 447.04 (2) (c) 2., 447.04 (2) (d) 1., 447.04 (2) (d) 2., 448.53 (1) (d), 448.54 (3), 448.63 (1) (d) 1., 448.64 (3), 448.9545 (1) (a), 448.964 (1), 450.01 (15), 450.02 (2) (a), 450.03 (1) (g), 451.04 (2) (d), 451.04 (2) (e), 451.04 (3), 454.06 (1) (a), 454.23 (2) (a), 458.06 (2) (b), 458.08 (2) (b), 462.03 (1) (intro.), 462.03 (2), 462.03 (3), 462.06 (1) (b) and 961.385 (1) (aL); to repeal and recreate 89.072, 443.10 (1) (title), 454.13 (title), 454.27 (title), 459.28 (title) and 480.12 (title); and to create 440.09 (2) (e), 440.09 (3) (ac), 440.09 (3) (am), 440.09 (6), 440.88 (3) (d), 441.16 (3m), 448.05 (6) (av), 448.964 (3), 450.04 (4) and 457.125 of the statutes; relating to: reciprocal credentials and prohibiting statutes and rules examinations for certain professions.

Analysis by the Legislative Reference Bureau

This substitute amendment differs from 2023 Senate Bill 320 in the following ways:

1. The substitute amendment adds a number of exemptions from the bill's universal reciprocity provision, including credentials that allow the limited practice of law, certified public accounting credentials, and electrician credentials.

2. The substitute amendment additionally requires that, in order to be granted a reciprocal credential under the bill's universal reciprocity provision, an individual to have held the credential in another jurisdiction for at least three years within the five years preceding application.

3. The substitute amendment additionally requires that, in order to be granted a reciprocal credential under the bill's universal reciprocity provision, an individual pass a statutes and rules examination, if otherwise required for applicants for the credential. The substitute amendment, however, prohibits statutes and rules examinations for certain credentials for which they are currently required and instead allows the Department of Safety and Professional Services and the examining and credentialing boards to require an applicant to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB320-SSA1,1 Section 1. 89.072 of the statutes is repealed and recreated to read:

SB320-SSA1,3,5 89.072 Licensees of other jurisdictions. Upon application and payment of the fee established under s. 89.063, the examining board may, subject to rules promulgated under s. 89.03 (1), issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country.

SB320-SSA1,2 Section 2. 251.06 (3) (e) 3. of the statutes is amended to read:

SB320-SSA1,3,9 251.06 (3) (e) 3. A public health dental hygienist, who is licensed as a dental hygienist under s. 447.04 (2) (a) or (b), and who meets qualifications that the department shall specify by rule.

SB320-SSA1,3 Section 3. 440.09 (title) of the statutes is amended to read:

SB320-SSA1,3,12 440.09 (title) Reciprocal credentials for service members, former service members, and their spouses.

SB320-SSA1,4 Section 4. 440.09 (1) of the statutes is repealed.

SB320-SSA1,5 Section 5. 440.09 (2) (b) of the statutes is repealed.

SB320-SSA1,6 Section 6. 440.09 (2) (c) of the statutes is amended to read:

SB320-SSA1,3,22 440.09 (2) (c) The individual holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under the appropriate credential granted by the department or credentialing board, and the individual has held that license, certification, registration, or permit for at least 3 years in the 5 years preceding the application for a reciprocal credential under this section.

SB320-SSA1,7 Section 7. 440.09 (2) (e) of the statutes is created to read:

SB320-SSA1,4,3 440.09 (2) (e) The individual passes any applicable statutes and rules examination that is otherwise required of applicants for the credential for which the individual is applying.

SB320-SSA1,8 Section 8. 440.09 (2) (f) of the statutes is amended to read:

SB320-SSA1,4,11 440.09 (2) (f) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a does not have any limitation, restriction, or other encumbrance on any license, certification, registration, or permit issued by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform acts authorized under the appropriate credential granted by the department or credentialing board and is not under investigation by any such governmental authority.

SB320-SSA1,9 Section 9. 440.09 (2m) of the statutes is repealed.

SB320-SSA1,10 Section 10. 440.09 (3) (a) of the statutes is renumbered 440.09 (3) (ag).

SB320-SSA1,11 Section 11. 440.09 (3) (ac) of the statutes is created to read:

SB320-SSA1,4,19 440.09 (3) (ac) Notwithstanding sub. (2), once an individual applies for a credential under sub. (2) (a), the credential shall be considered to be provisionally granted on that date, and the individual may immediately practice as provided in par. (am), subject to the ultimate decision by the department or credentialing board on whether to grant or deny the credential.

SB320-SSA1,12 Section 12. 440.09 (3) (am) of the statutes is created to read:

SB320-SSA1,5,2 440.09 (3) (am) 1. A reciprocal credential granted under this section shall, except as otherwise provided in this subsection and as otherwise provided by law, be considered in all respects as being equivalent to, subject to the same laws, scope of practice, and procedures as, and considered to confer the same rights, privileges, and authority that are conferred by, the appropriate credential granted by the department or credentialing board under the appropriate provisions under chs. 440 to 480.

SB320-SSA1,5,4 2. An individual granted a reciprocal credential under this section shall limit his or her practice to the scope of his or her experience, education, and training.

SB320-SSA1,13 Section 13. 440.09 (4) of the statutes is repealed.

SB320-SSA1,14 Section 14. 440.09 (6) of the statutes is created to read:

SB320-SSA1,5,8 440.09 (6) (a) Only an individual may be granted a reciprocal credential under this section.

SB320-SSA1,5,9 (b) This section does not apply to any of the following:

SB320-SSA1,5,11 1. Credentials that are granted under subch. IV, V, or XIV or ch. 442, 444, or 463.

SB320-SSA1,5,12 2. Credentials that are granted under subch. IV of ch. 101.

SB320-SSA1,5,14 3. Credentials that authorize a credential holder to engage in the limited practice of law.

SB320-SSA1,5,15 4. Credentials that are of a temporary nature.

SB320-SSA1,15 Section 15 . 440.88 (3) (d) of the statutes is created to read:

SB320-SSA1,5,20 440.88 (3) (d) 1. The department may not require an applicant for certification as a substance abuse counselor, clinical substance abuse counselor, or substance abuse counselor-in-training to pass a statutes and rules examination as a condition of receiving an initial certification or a certification renewal.

SB320-SSA1,5,24 2. The department may require an applicant for certification as a substance abuse counselor, clinical substance abuse counselor, or substance abuse counselor-in-training to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice.

SB320-SSA1,16 Section 16. 440.88 (7) of the statutes is repealed.

SB320-SSA1,17 Section 17. 440.972 (1m) of the statutes is repealed.

SB320-SSA1,18 Section 18. 440.98 (7) of the statutes is repealed.

SB320-SSA1,19 Section 19. 441.06 (1m) of the statutes is repealed.

SB320-SSA1,20 Section 20. 441.10 (8) of the statutes is repealed.

SB320-SSA1,21 Section 21 . 441.16 (3m) of the statutes is created to read:

SB320-SSA1,6,8 441.16 (3m) (a) The board may not require an applicant for certification under this section to pass a statutes and rules examination as a condition of receiving an initial certification or a certification renewal.

SB320-SSA1,6,11 (b) The board may require an applicant for certification under this section to affirm that the applicant has read and understands the statutes and rules that apply to the applicant's practice.

SB320-SSA1,22 Section 22. 443.01 (3r) (a) of the statutes is amended to read:

SB320-SSA1,6,14 443.01 (3r) (a) Professional services performed by a registered architect or by a person who has in effect a permit under s. 443.10 (1) (d).

SB320-SSA1,23 Section 23. 443.01 (3r) (b) of the statutes is amended to read:

SB320-SSA1,6,17 443.01 (3r) (b) Professional services performed by a professional engineer or by a person who has in effect a permit under s. 443.10 (1) (d).

SB320-SSA1,24 Section 24. 443.02 (2) of the statutes is amended to read:

SB320-SSA1,6,21 443.02 (2) No person may practice architecture, landscape architecture, or professional engineering in this state unless the person has been duly registered, is exempt under s. 443.14 or has in effect a permit under s. 443.10 (1) (d).

SB320-SSA1,25 Section 25. 443.02 (3) of the statutes is amended to read:

SB320-SSA1,7,4 443.02 (3) Except as provided under s. 443.015 (1m) (c), no person may offer to practice architecture, landscape architecture, or professional engineering or use in connection with the person's name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is an architect, landscape architect, or professional engineer or advertise to furnish architectural, landscape architectural, or professional engineering services unless the person has been duly registered or has in effect a permit under s. 443.10 (1) (d).

SB320-SSA1,26 Section 26. 443.06 (2) (d) of the statutes is repealed.

SB320-SSA1,27 Section 27. 443.10 (1) (title) of the statutes is repealed and recreated to read:

SB320-SSA1,7,7 443.10 (1) (title) Permits.

SB320-SSA1,28 Section 28. 443.10 (1) (a), (b), (c) and (e) of the statutes are repealed.

SB320-SSA1,29 Section 29. 443.10 (1) (d) of the statutes is renumbered 443.10 (1).

SB320-SSA1,30 Section 30. 443.18 (1) (a) of the statutes is amended to read:

SB320-SSA1,8,2 443.18 (1) (a) Any person who practices or offers to practice architecture, landscape architecture, or professional engineering in this state, or who uses the term “architect," “landscape architect," or “professional engineer" as part of the person's business name or title, except as provided in s. 443.08 (6), or in any way represents himself or herself as an architect, landscape architect, or a professional engineer unless the person is registered or exempted in accordance with this chapter, or unless the person is the holder of an unexpired permit issued under s. 443.10 (1) (d), or any person presenting or attempting to use as his or her own the certificate of registration of another, or any person who gives any false or forged evidence of any kind to the examining board or to any section of the examining board or to any member of the examining board or to any member of any section of the examining board in obtaining a certificate of registration, or any person who falsely impersonates any other registrant of like or different name, or any person who attempts to use an expired or revoked certificate of registration, or violates any of the provisions of this section, may be fined not less than $100 nor more than $500 or imprisoned for not more than 3 months or both.

SB320-SSA1,31 Section 31. 443.18 (2) (a) of the statutes is amended to read:

SB320-SSA1,8,14 443.18 (2) (a) If it appears upon complaint to the examining board or to any section of the examining board by any person, or is known to the examining board or to any section of the examining board that any person who is neither registered nor exempt under this chapter nor the holder of an unexpired permit under s. 443.10 (1) (d) is practicing or offering to practice, or is about to practice or to offer to practice, architecture, landscape architecture, or professional engineering in this state, the appropriate section of the examining board or the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring action in the name and on behalf of this state against any such person to enjoin the person from practicing or offering to practice architecture, landscape architecture, or professional engineering.

SB320-SSA1,32 Section 32. 445.07 (2) (b) of the statutes is amended to read:

SB320-SSA1,8,17 445.07 (2) (b) Subsection (1) (a) does not apply to an applicant who was granted a reciprocal license under s. 445.08 440.09.