Amendment AA1-SB70

SB70-AA1,764 Section 764. 440.03 (13) (b) 39m. of the statutes is created to read:

SB70-AA1,357,12 440.03 (13) (b) 39m. Nurse, advanced practice registered.

SB70-AA1,765 Section 765. 440.03 (13) (b) 42. of the statutes is repealed.

SB70-AA1,766 Section 766. 440.03 (13) (br) of the statutes is created to read:

SB70-AA1,357,19 440.03 (13) (br) When conducting an investigation of an arrest or conviction record under par. (a) or (bm), the department shall review and obtain information to determine the circumstances of each case or offense, except that the department may, in its discretion, complete its investigation of an arrest or conviction record without reviewing the circumstances of any of the following types of violations:

SB70-AA1,358,3 1. If the violation occurred more than 5 years before the application date, a first violation of s. 346.63 (1) (a), (am), or (b) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) (a), (am), or (b) or the law of another jurisdiction prohibiting driving or operating a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog, or a combination thereof or under the influence of any drug that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

SB70-AA1,358,5 2. A violation of s. 125.07 (4) (a) or (b) or a local ordinance that strictly conforms to s. 125.07 (4) (a) or (b) or of a substantially similar law of another jurisdiction.

SB70-AA1,358,6 3. A minor, nonviolent ordinance violation, as determined by the department.

SB70-AA1,767 Section 767. 440.03 (14) (c) of the statutes is amended to read:

SB70-AA1,358,14 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in shall be determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has not been revoked.

SB70-AA1,768 Section 768. 440.03 (15) of the statutes is amended to read:

SB70-AA1,358,17 440.03 (15) The department shall promulgate rules that establish the fees specified in ss. 440.05 (10) and 440.08 (2) (d) (2m) (c).

SB70-AA1,769 Section 769. 440.032 (5) of the statutes is amended to read:

SB70-AA1,358,25 440.032 (5) License renewal. The renewal dates for licenses granted under sub. (3) are specified in shall be as determined by the department under s. 440.08 (2) (a) 68c. Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person's certification or membership specified in sub. (3) that is required for the license has not been revoked or invalidated.

SB70-AA1,770 Section 770. 440.077 (1) (a) of the statutes is amended to read:

SB70-AA1,359,4 440.077 (1) (a) “Advanced practice registered nurse prescriber” means an advanced practice registered nurse prescriber certified licensed under s. 441.16 (2) 441.09.

SB70-AA1,771 Section 771. 440.077 (2) (c) of the statutes is amended to read:

SB70-AA1,359,11 440.077 (2) (c) Under the program under par. (a), a participating military medical personnel shall be supervised by a physician, physician assistant, podiatrist, registered professional nurse, or advanced practice registered nurse prescriber. The supervising physician, physician assistant, podiatrist, registered professional nurse, or advanced practice registered nurse prescriber shall retain responsibility for the care of the patient.

SB70-AA1,772 Section 772. 440.08 (2) (title) of the statutes is amended to read:

SB70-AA1,359,13 440.08 (2) (title) Renewal dates , fees and applications.

SB70-AA1,773 Section 773. 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB70-AA1,359,19 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 447.05 (1) (b), 449.17 (1m) (d), 449.18 (2) (e), 455.06 (1) (b), 463.10, 463.12, and 463.25 and subch. II of ch. 448, the renewal dates for credentials are as follows all of the following apply with respect to renewals of credentials:

SB70-AA1,774 Section 774. 440.08 (2) (a) 1. to 37. of the statutes, as affected by 2023 Wisconsin Act .... (this act), are repealed.

SB70-AA1,775 Section 775. 440.08 (2) (a) 1n. and 2n. of the statutes are created to read:

SB70-AA1,360,6 440.08 (2) (a) 1n. The department shall establish renewal dates and renewal cycles for credentials that are subject to periodic renewal and may adjust the renewal dates and renewal cycles so established. For practicality and expediency, the department may stagger renewal cycles among credential holders. The department shall consult with the relevant credentialing boards in establishing renewal dates and renewal cycles under this subdivision and shall notify each credential holder of any renewal date or renewal cycle established or adjusted under this subdivision. The department shall publish a schedule of renewal dates and renewal cycles on its website.

SB70-AA1,360,8 2n. The department or a credentialing board may promulgate rules to do any of the following:

SB70-AA1,360,11 a. Establish interim continuing education or other reporting requirements between renewal dates established under subd. 1n. as needed to account for the length of a renewal cycle established under subd. 1n.

SB70-AA1,360,14 b. Notwithstanding any specific continuing education or similar requirement in chs. 440 to 480, adjust or prorate the requirement to align it with the length of a renewal cycle established under subd. 1n.

SB70-AA1,776 Section 776. 440.08 (2) (a) 25m. of the statutes is created to read:

SB70-AA1,360,16 440.08 (2) (a) 25m. Dental therapist: October 1 of each odd-numbered year.

SB70-AA1,777 Section 777. 440.08 (2) (a) 37m. of the statutes, as created by 2021 Wisconsin Act 251, is repealed.

SB70-AA1,778 Section 778. 440.08 (2) (a) 38. to 72. of the statutes are repealed.

SB70-AA1,779 Section 779 . 440.08 (2) (ar) of the statutes is created to read:

SB70-AA1,360,24 440.08 (2) (ar) 1. Notwithstanding par. (a) and chs. 440 to 480, the department may, in cooperation with credentialing boards, establish a system or process to transition credential holders from 2-year renewal cycles under chs. 440 to 480, 2021 stats., to renewal cycles established by the department under par. (a) 1n.

SB70-AA1,361,6 2. Notwithstanding the fees for credential renewals determined under s. 440.03 (9), if the department under subd. 1. transitions credential holders from 2-year renewal cycles under chs. 440 to 480, 2021 stats., to different renewal cycles under par. (a) 1n. before revised renewal fees can be determined under s. 440.03 (9), the department may adjust the applicable renewal fee accordingly, in cooperation with credentialing boards, until a revised fee can be determined under s. 440.03 (9).

SB70-AA1,780 Section 780. 440.08 (2) (b) of the statutes is amended to read:

SB70-AA1,361,11 440.08 (2) (b) The renewal fee for an apprentice, journeyman, student or temporary credential is $10. The renewal dates specified in par. (a) determined under par. (a) do not apply to apprentice, journeyman, student or temporary credentials.

SB70-AA1,781 Section 781. 440.08 (2) (c) of the statutes is renumbered 440.08 (2m) (a) and amended to read:

SB70-AA1,361,16 440.08 (2m) (a) Except as provided in par. (e) (d) and sub. (3), renewal applications shall include the applicable renewal fee as determined by the department under s. 440.03 (9) (a) or as specified in par. (b).

SB70-AA1,782 Section 782. 440.08 (2) (d) of the statutes is renumbered 440.08 (2m) (c).

SB70-AA1,783 Section 783. 440.08 (2) (e) of the statutes is renumbered 440.08 (2m) (d).

SB70-AA1,784 Section 784. 440.08 (2m) (title) of the statutes is created to read:

SB70-AA1,361,20 440.08 (2m) (title) Renewal fees and applications.

SB70-AA1,785 Section 785. 440.08 (2m) (b) of the statutes is created to read:

SB70-AA1,361,23 440.08 (2m) (b) The renewal fee for an apprentice, journeyman, student, or temporary credential is $10.

SB70-AA1,786 Section 786. 440.08 (4) (a) of the statutes is amended to read:

SB70-AA1,362,13 440.08 (4) (a) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) (2m) (a) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential.

SB70-AA1,787 Section 787. 440.09 (3) (a) of the statutes is amended to read:

SB70-AA1,362,20 440.09 (3) (a) A reciprocal credential granted under this section expires on the applicable renewal date specified in determined by the department under s. 440.08 (2) (a), except that if the first renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted is within 180 days of the date on which the credential is granted, the credential expires on the 2nd renewal date specified in s. 440.08 (2) (a) after the date on which the credential is granted.

SB70-AA1,788 Section 788. 440.094 (1) (c) 1. of the statutes is amended to read:

SB70-AA1,362,24 440.094 (1) (c) 1. A registered nurse, licensed practical nurse, or nurse midwife licensed under ch. 441, or an advanced practice registered nurse prescriber certified licensed under ch. 441.

SB70-AA1,789 Section 789. 440.094 (1) (c) 3. of the statutes is amended to read:

SB70-AA1,363,1 440.094 (1) (c) 3. A dentist or dental therapist licensed under ch. 447.

SB70-AA1,790 Section 790. 440.094 (2) (a) (intro.) of the statutes is amended to read:

SB70-AA1,363,9 440.094 (2) (a) (intro.) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 441.09 (3) (b), 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply:

SB70-AA1,791 Section 791. 440.26 (3) of the statutes is amended to read:

SB70-AA1,363,24 440.26 (3) Issuance of licenses; fees. Upon receipt and examination of an application executed under sub. (2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the initial credential fee determined by the department under s. 440.03 (9) (a). No license shall be issued for a longer period than 2 years, and the The license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 years licensure period. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the applicable fees specified in s. 440.08 or determined by the department under s. 440.03 (9) (a). The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.

SB70-AA1,792 Section 792. 440.26 (5m) (b) of the statutes is amended to read:

SB70-AA1,364,5 440.26 (5m) (b) The renewal dates for permits issued under this subsection are specified shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB70-AA1,793 Section 793. 440.313 (1) of the statutes is amended to read:

SB70-AA1,364,11 440.313 (1) The renewal date for licenses granted under this subchapter is specified in shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB70-AA1,794 Section 794. 440.415 (2) (a) of the statutes is amended to read:

SB70-AA1,364,16 440.415 (2) (a) The renewal date for a license granted under sub. (1) is specified in shall be as determined by the department under s. 440.08 (2) (a) 69m. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.

SB70-AA1,795 Section 795. 440.71 (3) of the statutes is amended to read:

SB70-AA1,364,22 440.71 (3) Renewal. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified determined by the department under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB70-AA1,796 Section 796. 440.88 (4) of the statutes is amended to read:

SB70-AA1,365,9 440.88 (4) Applications; certification period. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for certification as a substance abuse counselor, clinical supervisor, or prevention specialist is specified shall be as determined by the department under s. 440.08 (2) (a) , and the renewal fee for such certifications is determined by the department under s. 440.03 (9) (a). Renewal of The department shall by rule prescribe the number of times that a certification as a substance abuse counselor-in-training, a clinical supervisor-in-training, or a prevention specialist-in-training may be made only twice renewed.

SB70-AA1,797 Section 797. 440.905 (2) of the statutes is amended to read:

SB70-AA1,365,15 440.905 (2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. The board may determine, by rule, a fee under s. 440.05 (1) (a) and under s. 440.08 (2) (a) 21. that is sufficient to fund the board's operating costs.

SB70-AA1,798 Section 798. 440.91 (1) (c) of the statutes is amended to read:

SB70-AA1,365,19 440.91 (1) (c) The renewal dates for licenses granted under par. (b) are specified in shall be as determined by the department under s. 440.08 (2) (a), and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a).

SB70-AA1,799 Section 799. 440.91 (1m) (c) of the statutes is amended to read:

SB70-AA1,365,24 440.91 (1m) (c) The renewal date and renewal fee for a registration granted under par. (b) are specified in shall be as determined by the department under s. 440.08 (2). The department shall determine the renewal fee for a registration granted under par. (b) under s. 440.03 (9) (a).

SB70-AA1,800 Section 800. 440.91 (4) of the statutes is amended to read:

SB70-AA1,366,4 440.91 (4) Renewal applications shall be submitted to the board on a form provided by the board on or before the applicable renewal date specified determined by the department under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB70-AA1,801 Section 801. 440.92 (1) (c) of the statutes is amended to read:

SB70-AA1,366,9 440.92 (1) (c) Renewal applications shall be submitted to the board on a form provided by the board on or before the applicable renewal date specified determined by the department under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB70-AA1,802 Section 802. 440.972 (2) of the statutes is amended to read:

SB70-AA1,366,14 440.972 (2) The renewal date for certificates granted under this section is specified shall be as determined by the department under s. 440.08 (2) (a) 38g., and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a).

SB70-AA1,803 Section 803. 440.974 (2) of the statutes is amended to read:

SB70-AA1,366,24 440.974 (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 40 hours of continuing education every 2 years, except that the rules may not require continuing education for an applicant for renewal of a registration that expires on the 1st and 2nd renewal dates after the date on which the department initially granted the registration 2-year period, except that the department shall shall, for up to a 2-year period, exempt new registrants from the requirement under this subsection.

SB70-AA1,804 Section 804. 440.98 (6) of the statutes is amended to read:

SB70-AA1,367,7 440.98 (6) Applications. An application for a sanitarian registration under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for a sanitarian registration is specified shall be as determined by the department under s. 440.08 (2) (a), and the renewal fee for such registration is determined by the department under s. 440.03 (9) (a).

SB70-AA1,805 Section 805. 440.981 (1) of the statutes is amended to read:

SB70-AA1,367,13 440.981 (1) No person may use the title “licensed midwife," describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this subchapter or is licensed as a nurse-midwife under s. 441.15 an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09.

SB70-AA1,806 Section 806. 440.982 (1) of the statutes is amended to read:

SB70-AA1,367,19 440.982 (1) No person may engage in the practice of midwifery unless the person is granted a license under this subchapter, is granted a temporary permit pursuant to a rule promulgated under s. 440.984 (2m), or is licensed as a nurse-midwife under s. 441.15 an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09.

SB70-AA1,807 Section 807. 440.983 (1) of the statutes is amended to read:

SB70-AA1,367,25 440.983 (1) The renewal date for licenses granted under this subchapter is specified in shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).