SB193: Bill Text

SB193,,1 2023 SENATE BILL 193

April 3, 2023 - Introduced by Joint Legislative Council. Referred to Committee on Licensing, Constitution and Federalism.

SB193,,2 An Act to repeal 440.992 (6), 452.10 (2) and 456.07 (1) and (3); to renumber 440.08 (2) (d) and 440.08 (2) (e); to renumber and amend 440.08 (2) (a) 1. to 37., 440.08 (2) (a) 37m., 440.08 (2) (a) 38. to 72., 440.08 (2) (c), 446.025 (3) (a) and 446.026 (3) (a); to amend 440.03 (14) (c), 440.03 (15), 440.032 (5), 440.08 (2) (title), 440.08 (2) (a) (intro.), 440.08 (2) (b), 440.08 (4) (a), 440.09 (3) (a), 440.26 (3), 440.26 (5m) (b), 440.313 (1), 440.415 (2) (a), 440.71 (3), 440.88 (4), 440.905 (2), 440.91 (1) (c), 440.91 (1m) (c), 440.91 (4), 440.92 (1) (c), 440.972 (2), 440.974 (2), 440.98 (6), 440.983 (1), 440.9935, 441.06 (3), 441.10 (6), 441.15 (3) (b), 442.083 (1), 442.083 (2) (a), 443.015 (1e), 443.07 (6), 443.08 (3) (b), 443.10 (2) (e), 443.10 (5), 445.06 (1), 445.07 (1) (a) and (b), 445.095 (1) (c), 445.105 (3), 446.02 (1) (b), 446.02 (4), 446.025 (3) (b), 446.026 (3) (b), 447.05 (1) (a), 447.055 (1) (a), 447.055 (1) (b) 1., 447.055 (1) (b) 2., 447.056 (1) (intro.), 447.056 (3), 447.058 (2) (b), 448.07 (1) (a), 448.13 (1) (a) 1., 448.13 (1) (a) 2., 448.13 (1m), 448.55 (2), 448.65 (2) (intro.), 448.665, 448.86 (2), 448.9545 (1) (a), 448.9545 (1) (b) (intro.), 448.955 (1), 448.955 (2) (a), 448.955 (3) (a), 448.956 (1) (c), 448.967 (2), 448.9703 (3) (a), 448.9706 (2), 448.974 (2) (a), 449.06 (1), 449.06 (2m), 450.08 (1), 450.08 (2) (a), 450.08 (2) (b), 450.085 (1), 451.04 (4), 452.12 (1), 452.12 (5) (a), 452.132 (2) (c), 454.06 (8), 454.08 (9), 454.23 (5), 454.25 (9), 455.06 (1) (a), 455.065 (7), 456.07 (2), 456.07 (5), 457.20 (2), 457.22 (2), 458.09 (3), 458.11, 458.13, 458.33 (5), 459.09 (1) (intro.), 459.09 (1) (b), 459.24 (5) (intro.), 459.24 (5) (b), 460.07 (2) (intro.), 460.10 (1) (a), 462.05 (1), 466.04 (3) (a) (intro.), 470.045 (3) (b), 470.07 and 480.08 (5); to repeal and recreate 448.13 (title) and 456.07 (title); and to create 440.08 (2) (a) 1n., 2n., 3n. and 4n., 440.08 (2) (ag) (intro.), 440.08 (2) (ar), 440.08 (2m) (title), 440.08 (2m) (b), 446.025 (3) (a) 2. and 446.026 (3) (a) 2. of the statutes; relating to: renewal dates and continuing education requirements for certain credentials issued by the Department of Safety and Professional Services and credentialing boards and granting rule-making authority.

SB193,,3 Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

SB193,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Joint Legislative Council prefatory note: This draft was prepared for the Joint Legislative Council’s Study Committee on Occupational Licenses.

Under current law, a two-year renewal period applies to many health and business credentials administered by the Department of Safety and Professional Services (DSPS) or a credentialing board. The renewal date for each two-year period is specified by statute. As part of a credential holder’s renewal, some professions specify continuing education requirements by statute, while some professions may establish continuing education requirements by rule.

The bill revises each two-year renewal period in the health and business professions to four-year renewal periods. Where specified in the statutes, the bill doubles the corresponding credential’s continuing education requirement.

The bill specifies that DSPS may, in cooperation with the credentialing boards, phase in the new four-year renewal periods in a manner that allows one two-year renewal to occur after the law takes effect. DSPS may also stagger the renewal dates among credential holders so that approximately half of renewals within a profession occur every two years.

The bill specifies that if the four-year renewal period is in place before revised renewal fees are approved by the Joint Committee on Finance, DSPS may double the two-year renewal fee. The bill also specifies the converse, that if a two-year renewal applies to an individual after a four-year renewal fee has been established, the individual is required to pay only one-half of the four-year renewal fee.

If DSPS implements measures to phase in four-year renewal periods or to stagger renewal dates within a profession, the bill requires DSPS to do so by administrative rule. The bill also grants emergency rulemaking authority to DSPS and the credentialing boards to implement the provisions of the bill without making a finding of emergency, and allows an emergency rule to remain in effect until May 1, 2025, or the date on which the permanent rule takes effect, whichever is sooner. Lastly, the bill specifies that its provisions take effect on the first day of the third month following enactment.

SB193,1 Section 1. 440.03 (14) (c) of the statutes is amended to read:

SB193,,6 440.03 (14) (c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are specified in shall be as determined 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.

SB193,2 Section 2. 440.03 (15) of the statutes is amended to read:

SB193,,8 440.03 (15) The department shall promulgate rules that establish the fees specified in ss. 440.05 (10) and 440.08 (2) (d) (2m) (c).

SB193,3 Section 3. 440.032 (5) of the statutes is amended to read:

SB193,,10 440.032 (5) License renewal. The renewal dates for licenses granted under sub. (3) are specified in shall be as determined 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.

SB193,4 Section 4. 440.08 (2) (title) of the statutes is amended to read:

SB193,,12 440.08 (2) (title) Renewal dates, fees and applications.

SB193,5 Section 5. 440.08 (2) (a) (intro.) of the statutes is amended to read:

SB193,,14 440.08 (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:

SB193,6 Section 6. 440.08 (2) (a) 1. to 37. of the statutes are renumbered 440.08 (2) (ag) 1. to 37. and amended to read:

SB193,,16 440.08 (2) (ag) 1. Accountant, certified public: December 15 of each every other odd-numbered year.

SB193,,17 3. Accounting corporation or partnership: December 15 of each every other odd-numbered year.

SB193,,18 4. Acupuncturist: July 1 of each every other odd-numbered year.

SB193,,19 4m. Advanced practice nurse prescriber: October 1 of each every other even-numbered year.

SB193,,20 5. Aesthetician: April 1 of each every other odd-numbered year.

SB193,,21 6. Aesthetics establishment: April 1 of each every other odd-numbered year.

SB193,,22 8. Aesthetics school: April 1 of each every other odd-numbered year.

SB193,,23 9. Aesthetics specialty school: April 1 of each every other odd-numbered year.

SB193,,24 9m. Substance abuse counselor, clinical supervisor, or prevention specialist: except as limited in s. 440.88 (4), March 1 of each every other odd-numbered year.

SB193,,25 10. Anesthesiologist assistant: October 1 of each every other even-numbered year.

SB193,,26 10m. Appraisal management company: December 15 of each every other odd-numbered year.

SB193,,27 11. Appraiser, real estate, certified general: December 15 of each every other odd-numbered year.

SB193,,28 11m. Appraiser, real estate, certified residential: December 15 of each every other odd-numbered year.

SB193,,29 12. Appraiser, real estate, licensed: December 15 of each every other odd-numbered year.

SB193,,30 13. Architect: August 1 of each every other even-numbered year.

SB193,,31 14. Architectural or engineering firm, partnership or corporation: February 1 of each every other even-numbered year.

SB193,,32 14d. Athlete agent: July 1 of each every other even-numbered year.

SB193,,33 14f. Athletic trainer: July 1 of each every other even-numbered year.

SB193,,34 14g. Auction company: December 15 of each every other even-numbered year.

SB193,,35 14r. Auctioneer: December 15 of each every other even-numbered year.

SB193,,36 15. Audiologist: February 1 of each every other odd-numbered year.

SB193,,37 15m. Barber: April 1 of each every other odd-numbered year.

SB193,,38 16. Barbering establishment: April 1 of each every other odd-numbered year.

SB193,,39 19. Barbering school: April 1 of each every other odd-numbered year.

SB193,,40 20m. Behavior analyst: December 15 of each every other even-numbered year.

SB193,,41 21. Cemetery authority, licensed: December 15 of each every other even-numbered year.

SB193,,42 21m. Cemetery authority, registered: December 15 of each every other even-numbered year; $10.

SB193,,43 22. Cemetery preneed seller: December 15 of each every other even-numbered year.

SB193,,44 23. Cemetery salesperson: December 15 of each every other even-numbered year.

SB193,,45 23p. Chiropractic radiological technician: December 15 of each every other even-numbered year.

SB193,,46 23s. Chiropractic technician: December 15 of each every other even-numbered year.

SB193,,47 24. Chiropractor: December 15 of each every other even-numbered year.

SB193,,48 24b. Cosmetologist: April 1 of each every other odd-numbered year.

SB193,,49 24d. Cosmetology establishment: April 1 of each every other odd-numbered year.

SB193,,50 24k. Cosmetology school: April 1 of each every other odd-numbered year.

SB193,,51 24m. Crematory authority: January 1 of each every other even-numbered year.

SB193,,52 25. Dental hygienist: October 1 of each every other odd-numbered year.

SB193,,53 26. Dentist: October 1 of each every other odd-numbered year.

SB193,,54 26m. Dentist, faculty member: October 1 of each every other odd-numbered year.

SB193,,55 27. Designer of engineering systems: February 1 of each every other even-numbered year.

SB193,,56 27m. Dietitian: November 1 of each every other even-numbered year.

SB193,,57 29. Drug manufacturer: June 1 of each every other even-numbered year.

SB193,,58 30. Electrologist: April 1 of each every other odd-numbered year.

SB193,,59 31. Electrology establishment: April 1 of each every other odd-numbered year.

SB193,,60 33. Electrology school: April 1 of each every other odd-numbered year.

SB193,,61 34. Electrology specialty school: April 1 of each every other odd-numbered year.

SB193,,62 35. Engineer, professional: August 1 of each every other even-numbered year.

SB193,,63 36. Funeral director: December 15 of each every other odd-numbered year.

SB193,,64 37. Funeral establishment: June 1 of each every other odd-numbered year.

SB193,7 Section 7. 440.08 (2) (a) 1n., 2n., 3n. and 4n. of the statutes are created to read:

SB193,,66 440.08 (2) (a) 1n. Beginning with the first renewal after the initial issuance of a credential, the credential may be renewed every 4 years as provided in this paragraph.

SB193,,67 2n. General renewal dates shall be as specified in par. (ag).

SB193,,68 3n. The department may, if practical and expedient, stagger renewal dates among credential holders so that approximately half of renewals occur every 2 years.

SB193,,69 4n. The department shall promulgate rules for the implementation of subds. 1n. to 3n.

SB193,8 Section 8. 440.08 (2) (a) 37m. of the statutes, as created by 2021 Wisconsin Act 251, is renumbered 440.08 (2) (ag) 37m. and amended to read:

SB193,,71 440.08 (2) (ag) 37m. Genetic counselor: November 1 of each every other odd-numbered year.

SB193,9 Section 9. 440.08 (2) (a) 38. to 72. of the statutes are renumbered 440.08 (2) (ag) 38. to 72. and amended to read:

SB193,,73 440.08 (2) (ag) 38. Hearing instrument specialist: February 1 of each every other odd-numbered year.

SB193,,74 38g. Home inspector: December 15 of each every other even-numbered year.

SB193,,75 38h. Home medical oxygen provider: June 1 of each every other even-numbered year.