LRB-2742/1 MED:skw 2023 - 2024 LEGISLATURE 2023 SENATE BILL 320 June 7, 2023 - Introduced by Senators STAFSHOLT, FELZKOWSKI, FEYEN, MARKLEIN and STROEBEL, cosponsored by Representatives GUSTAFSON, SORTWELL, ALLEN, BRANDTJEN, DITTRICH, EDMING, GREEN, MOSES, MURPHY, MURSAU, NEYLON, O'CONNOR, ROZAR and WICHGERS. Referred to Committee on Licensing, Constitution and Federalism. ***AUTHORS SUBJECT TO CHANGE*** AN ACT to repeal 89.072, 89.073 (1), 89.073 (2) (b), 89.073 (2m), 89.073 (4), 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), 442.05, 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 89.073 (3) (a), 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 45.44 (1) (a) 5., 54.25 (2) (c) 1. d., 55.043 (4) (b) 5., 89.06 (1), 89.063, 89.071 (1), 89.0715 (2), 89.073 (title), 89.073 (2) (f), 89.078 (1), 89.078 (2), 89.078 (3), 93.135 (5), 251.06 (3) (e) 3., 321.60 (1) (a) 6m., 440.09 (title), 1 2 3 4 5 6 7 8 9 10 11 12 13 14 - 2 -2023 - 2024 Legislature LRB-2742/1 MED:skw SENATE BILL 320 440.09 (2) (f), 442.04 (1), 442.04 (5) (b) 4., 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), 450.01 (15), 450.02 (2) (a), 450.03 (1) (g), 451.04 (2) (d), 451.04 (2) (e), 451.04 (3), 452.05 (3), 452.09 (2) (a), 452.09 (2) (c) (intro.), 452.09 (4) (d), 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 443.10 (1) (title), 454.13 (title), 454.27 (title), 459.28 (title) and 480.12 (title); and to create 89.073 (3) (ac), 89.073 (3) (am), 89.073 (6), 440.09 (3) (ac), 440.09 (3) (am) and 440.09 (6) of the statutes; relating to: reciprocal credentials. Analysis by the Legislative Reference Bureau This bill expands provisions allowing individuals who hold a license, certification, registration, or permit that was granted by another state to apply for and receive a reciprocal credential in this state. Under current law, an individual may not engage in certain professions or assume certain titles in this state unless the individual holds a credential issued by the Department of Safety and Professional Services or a credentialing board with authority to oversee the profession or practice. In certain circumstances, an individual who holds a license, certification, or registration from another jurisdiction that authorizes or qualifies the applicant to perform acts that are substantially the same as those acts authorized by a Wisconsin credential may obtain a “reciprocal credential.” Current law generally provides two methods for obtaining a reciprocal credential: 1. Under one of numerous provisions allowing DSPS or a credentialing board to grant a reciprocal credential if certain conditions are met. These provisions do not exist for every profession, and generally require that the requirements in the other jurisdiction in which the individual is licensed, certified, or registered have requirements that are similar to or substantially equivalent to those under Wisconsin law. 2. Under a “universal” provision that requires DSPS or a credentialing board to issue a reciprocal credential if certain conditions are met. This provision does not require that the other jurisdiction's requirements for granting the license, credential, or registration be similar to or substantially equivalent to those under 1 2 3 4 5 6 7 8 9 10 11 - 3 -2023 - 2024 Legislature LRB-2742/1 MED:skw SENATE BILL 320 Wisconsin law and is not limited to specific professions or occupations. However, it is available only to service members, former service members, or the spouses of a service member or former service members who reside in this state. In addition, it requires that the individual be in good standing with the governmental authorities in every jurisdiction outside this state that have granted the license, credential, or registration. The bill repeals the various profession-specific reciprocal credential provisions described above and expands who may apply for reciprocal credentials under the universal provision to include all individuals, and not only service members and spouses. However, the bill also eliminates the requirement that the applicant reside in this state. Additionally, the bill clarifies that the provision 1) requires that the individual not have any limitation, restriction, or other encumbrance on a credential issued in another state and not be under investigation by a credentialing authority in another state; 2) only provides for the granting of reciprocal credentials to natural persons; and 3) does not apply to temporary credentials or to certain other specified nonstandard credentials, including unarmed combat sports credentials, peddler's licenses for ex-soldiers, and credentials issued under the Uniform Athlete Agents Act. The bill provides that once an individual applies for a reciprocal credential, the credential is considered to be provisionally granted on that date, and the individual may immediately practice the occupation or profession, subject to the ultimate decision on whether to grant or deny the reciprocal credential. Finally, the bill provides that a person who receives a reciprocal credential must limit his or her practice to the scope of his or her experience, education, and training. 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: SECTION 1. 45.44 (1) (a) 5. of the statutes is amended to read: 45.44 (1) (a) 5. A license, certification, registration, or permit issued under s. 89.06, 89.072, 89.073, 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175 (2), 97.22 (2), 98.145, 98.146, 98.18 (1) (a), or 168.23 (3). SECTION 2. 54.25 (2) (c) 1. d. of the statutes is amended to read: 54.25 (2) (c) 1. d. The right to apply for an operator's license, a license issued under ch. 29, a license, certification, or permit issued under s. 89.06, 89.072, or 89.073, or a credential, as defined in s. 440.01 (2) (a), if the court finds that the 1 2 3 4 5 6 7 8 - 4 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 2 SENATE BILL 320 individual is incapable of understanding the nature and risks of the licensed or credentialed activity, to the extent that engaging in the activity would pose a substantial risk of physical harm to the individual or others. A failure to find that an individual is incapable of applying for a license or credential is not a finding that the individual qualifies for the license or credential under applicable laws and rules. SECTION 3. 55.043 (4) (b) 5. of the statutes is amended to read: 55.043 (4) (b) 5. Refer the case to the department of safety and professional services or the department of agriculture, trade and consumer protection, as appropriate, if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 or to hold a license, certification, or permit issued under s. 89.06, 89.072, or 89.073. SECTION 4. 89.06 (1) of the statutes is amended to read: 89.06 (1) Except as provided under ss. 89.072 and s. 89.073, veterinary licenses shall be issued only to persons who successfully pass an examination conducted by the examining board and pay the fee established under s. 89.063. An applicant for an initial license shall be a graduate of a veterinary college that has been approved by the examining board or have successfully completed either the educational commission for foreign veterinary graduates certification program of the American Veterinary Medical Association or the program for the assessment of veterinary education equivalence offered by the American Association of Veterinary State Boards. Persons who qualify for examination may be granted temporary permits to engage in the practice of veterinary medicine in the employment and under the supervision of a veterinarian until the results of the next examination conducted by the examining board are available. In case of failure at any examination, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 5 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 4 SENATE BILL 320 applicant shall have the privilege of taking subsequent examinations, upon the payment of another fee for each examination. SECTION 5. 89.063 of the statutes is amended to read: 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06, 89.072, and 89.073, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department's administrative and enforcement costs under this chapter. The department shall notify the holder of each such license, certification, or permit of any fee adjustment under this subsection that affects that license, certification, or permit holder. SECTION 6. 89.071 (1) of the statutes is amended to read: 89.071 (1) If the examining board determines during an investigation of a complaint against a person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 that there is evidence that the credential holder committed misconduct, the examining board may close the investigation by issuing an administrative warning to the credential holder if the examining board determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public. SECTION 7. 89.0715 (2) of the statutes is amended to read: 89.0715 (2) In any disciplinary proceeding against a holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 in which the examining board orders suspension, limitation, or revocation of the credential or reprimands the credential holder, the examining board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the credential 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 6 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 7 SENATE BILL 320 holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12 percent per year beginning on the date that payment of the costs are due as ordered by the examining board. Upon the request of the department, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest. SECTION 8. 89.072 of the statutes is repealed. SECTION 9. 89.073 (title) of the statutes is amended to read: 89.073 (title) Reciprocal credentials for service members, former service members, and their spouses. SECTION 10. 89.073 (1) of the statutes is repealed. SECTION 11. 89.073 (2) (b) of the statutes is repealed. SECTION 12. 89.073 (2) (f) of the statutes is amended to read: 89.073 (2) (f) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a credential 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 specified under s. 89.06 and is not under investigation by any such governmental authority. SECTION 13. 89.073 (2m) of the statutes is repealed. SECTION 14. 89.073 (3) (a) of the statutes is renumbered 89.073 (3) (ag). SECTION 15. 89.073 (3) (ac) of the statutes is created to read: 89.073 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 7 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 15 SENATE BILL 320 par. (am), subject to the ultimate decision by the examining board on whether to grant or deny the credential. SECTION 16. 89.073 (3) (am) of the statutes is created to read: 89.073 (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 provisions under s. 89.06. 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. SECTION 17. 89.073 (4) of the statutes is repealed. SECTION 18. 89.073 (6) of the statutes is created to read: 89.073 (6) (a) This section applies only to grant reciprocal credentials to individuals. (b) This section does not apply to credentials of a temporary nature. SECTION 19. 89.078 (1) of the statutes is amended to read: 89.078 (1) The examining board may conduct an investigation to determine whether an applicant for a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 satisfies any of the eligibility requirements specified for the license, certification, or permit, including, subject to ss. 111.321, 111.322, and 111.335, whether the applicant does not have an arrest or conviction record. In conducting an investigation under this subsection, the examining board may require an applicant to provide any information that is necessary for the investigation. SECTION 20. 89.078 (2) of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 8 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 20 SENATE BILL 320 89.078 (2) A person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the examining board within 48 hours after the entry of the judgment of conviction. The examining board shall by rule determine what information and documentation the person holding the credential shall include with the written notice. SECTION 21. 89.078 (3) of the statutes is amended to read: 89.078 (3) The examining board may investigate whether an applicant for or holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 has been charged with or convicted of a crime. SECTION 22. 93.135 (5) of the statutes is amended to read: 93.135 (5) The department shall deny an application for an initial license, certification, or permit issued under s. 89.06, 89.072, or 89.073, or, if applicable, an application for renewal of that license, certification, or permit or revoke a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for or hold that license, certification, or permit. SECTION 23. 251.06 (3) (e) 3. of the statutes is amended to read: 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. SECTION 24. 321.60 (1) (a) 6m. of the statutes is amended to read: 321.60 (1) (a) 6m. A license, certification, or permit issued under s. 89.06 or 89.072. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 9 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 25 SENATE BILL 320 SECTION 25. 440.09 (title) of the statutes is amended to read: 440.09 (title) Reciprocal credentials for service members, former service members, and their spouses. SECTION 26. 440.09 (1) of the statutes is repealed. SECTION 27. 440.09 (2) (b) of the statutes is repealed. SECTION 28. 440.09 (2) (f) of the statutes is amended to read: 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. SECTION 29. 440.09 (2m) of the statutes is repealed. SECTION 30. 440.09 (3) (a) of the statutes is renumbered 440.09 (3) (ag). SECTION 31. 440.09 (3) (ac) of the statutes is created to read: 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. SECTION 32. 440.09 (3) (am) of the statutes is created to read: 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 10 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 32 SENATE BILL 320 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. 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. SECTION 33. 440.09 (4) of the statutes is repealed. SECTION 34. 440.09 (6) of the statutes is created to read: 440.09 (6) (a) Only an individual may be granted a reciprocal credential under this section. (b) This section does not apply to any of the following: 1. Credentials that are granted under subch. IV, V, or XIV or ch. 444 or 463. 2. Credentials that are of a temporary nature. SECTION 35. 440.88 (7) of the statutes is repealed. SECTION 36. 440.972 (1m) of the statutes is repealed. SECTION 37. 440.98 (7) of the statutes is repealed. SECTION 38. 441.06 (1m) of the statutes is repealed. SECTION 39. 441.10 (8) of the statutes is repealed. SECTION 40. 442.04 (1) of the statutes is amended to read: 442.04 (1) The examining board shall grant a certificate as a certified public accountant to all persons who become entitled thereto under this section and s. 442.05. A certificate is permanent unless revoked and not subject to periodic renewal. SECTION 41. 442.04 (5) (b) 4. of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 11 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 41 SENATE BILL 320 442.04 (5) (b) 4. Except as provided in s. 442.05 440.09, the person has successfully passed an examination in such subjects affecting accountancy and business as the examining board considers necessary. A person is not eligible to take the examination under this subdivision unless the person has completed at least 120 semester hours of education at an institution that include course work in accounting and business subjects, as determined by the examining board. SECTION 42. 442.05 of the statutes is repealed. SECTION 43. 443.01 (3r) (a) of the statutes is amended to read: 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). SECTION 44. 443.01 (3r) (b) of the statutes is amended to read: 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). SECTION 45. 443.02 (2) of the statutes is amended to read: 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). SECTION 46. 443.02 (3) of the statutes is amended to read: 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). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 12 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 47 SENATE BILL 320 SECTION 47. 443.06 (2) (d) of the statutes is repealed. SECTION 48. 443.10 (1) (title) of the statutes is repealed and recreated to read: 443.10 (1) (title) PERMITS. SECTION 49. 443.10 (1) (a), (b), (c) and (e) of the statutes are repealed. SECTION 50. 443.10 (1) (d) of the statutes is renumbered 443.10 (1). SECTION 51. 443.18 (1) (a) of the statutes is amended to read: 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. SECTION 52. 443.18 (2) (a) of the statutes is amended to read: 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 13 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 52 SENATE BILL 320 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. SECTION 53. 445.07 (2) (b) of the statutes is amended to read: 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. SECTION 54. 445.08 of the statutes is repealed. SECTION 55. 446.02 (3g) of the statutes is repealed. SECTION 56. 447.02 (3) (a) (intro.) and 1. of the statutes are consolidated, renumbered 447.02 (3) (a) and amended to read: 447.02 (3) (a) The examining board may issue a permit authorizing the practice in this state, without compensation, of dentistry or dental hygiene to an applicant who is licensed to practice dentistry or dental hygiene in another state, if all of the following apply: 1. The the examining board determines that the applicant's services will improve the welfare of Wisconsin residents. SECTION 57. 447.02 (3) (a) 2. of the statutes is repealed. SECTION 58. 447.04 (1) (b) of the statutes is repealed. SECTION 59. 447.04 (2) (b) of the statutes is repealed. SECTION 60. 447.04 (2) (c) 1. of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 14 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 60 SENATE BILL 320 447.04 (2) (c) 1. The examining board shall grant a certificate to administer local anesthesia to a dental hygienist who is licensed under par. (a) or (b), and who submits evidence satisfactory to the examining board that he or she satisfies the educational requirements established in rules promulgated under s. 447.02 (2) (e). SECTION 61. 447.04 (2) (c) 2. of the statutes is amended to read: 447.04 (2) (c) 2. No fee may be charged for a certificate granted under subd. 1. A certificate granted under subd. 1. remains in effect while the dental hygienist's license granted under par. (a) or (b) remains in effect unless the certificate is suspended or revoked by the examining board. SECTION 62. 447.04 (2) (d) 1. of the statutes is amended to read: 447.04 (2) (d) 1. The examining board shall grant a certificate to administer nitrous oxide inhalation analgesia to a dental hygienist who is licensed under par. (a) or (b) and who submits evidence satisfactory to the examining board that he or she satisfies the educational requirements established in rules promulgated under s. 447.02 (2) (j), including by having satisfied substantially similar requirements in another state. SECTION 63. 447.04 (2) (d) 2. of the statutes is amended to read: 447.04 (2) (d) 2. A certificate granted under subd. 1. remains in effect while the dental hygienist's license granted under par. (a) or (b) remains in effect unless the board suspends or revokes the certificate. SECTION 64. 448.53 (1) (d) of the statutes is amended to read: 448.53 (1) (d) Submits evidence satisfactory to the examining board that the applicant is a graduate of a school of physical therapy approved by the examining board, unless the examining board waives this requirement under sub. (3). SECTION 65. 448.53 (3) of the statutes is repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 15 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 66 SENATE BILL 320 SECTION 66. 448.535 (1) of the statutes is renumbered 448.535. SECTION 67. 448.535 (2) of the statutes is repealed. SECTION 68. 448.54 (3) of the statutes is amended to read: 448.54 (3) Notwithstanding s. 448.53 (1) (f), the examining board may not require an applicant for physical therapist licensure to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a physical therapy school that is not in the United States if the applicant establishes, to the satisfaction of the examining board, that he or she satisfies the requirements under s. 448.53 (3). SECTION 69. 448.63 (1) (d) 1. of the statutes is amended to read: 448.63 (1) (d) 1. That the applicant is a graduate of a school of podiatric medicine and surgery approved by the affiliated credentialing board and possesses a diploma from such school conferring the degree of doctor of podiatric medicine, or equivalent degree as determined by the affiliated credentialing board, unless the affiliated credentialing board waives these requirements under sub. (2). SECTION 70. 448.63 (2) of the statutes is repealed. SECTION 71. 448.64 (3) of the statutes is amended to read: 448.64 (3) The affiliated credentialing board may not require an applicant to take an oral examination or an examination to test proficiency in the English language for the sole reason that the applicant was educated at a podiatry school that is not in the United States if the applicant establishes, to the satisfaction of the affiliated credentialing board, that he or she satisfies the requirements under s. 448.63 (2). SECTION 72. 448.82 of the statutes is repealed. SECTION 73. 448.953 (2) of the statutes is repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 16 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 74 SENATE BILL 320 SECTION 74. 448.9545 (1) (a) of the statutes is amended to read: 448.9545 (1) (a) To be eligible for renewal of a license issued under s. 448.953 (1) or (2), a licensee shall, during the 2-year period immediately preceding the renewal date specified under s. 440.08 (2) (a), complete not less than 30 credit hours of continuing education in courses of study approved by the affiliated credentialing board. SECTION 75. 448.966 of the statutes is repealed. SECTION 76. 448.9704 (2) (a) of the statutes is repealed. SECTION 77. 448.9704 (2) (b) of the statutes is renumbered 448.9704 (2). SECTION 78. 448.974 (1) (a) of the statutes is renumbered 448.974 (1), and 448.974 (1) (intro.), as renumbered, is amended to read: 448.974 (1) (intro.) Except as provided in par. (b), the The board shall grant an initial license to practice as a physician assistant to any applicant who is found qualified by three-fourths of the members of the board and satisfies all of the following requirements, as determined by the board: SECTION 79. 448.974 (1) (b) of the statutes is repealed. SECTION 80. 449.055 of the statutes is repealed. SECTION 81. 450.01 (15) of the statutes is amended to read: 450.01 (15) “Pharmacist" means a person licensed as a pharmacist by the board under s. 450.03 or 450.05 this chapter. SECTION 82. 450.02 (2) (a) of the statutes is amended to read: 450.02 (2) (a) Define the active practice of pharmacy. The rules shall apply to all applicants for licensure under s. 450.05. SECTION 83. 450.03 (1) (g) of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 17 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 83 SENATE BILL 320 450.03 (1) (g) A person who has applied for a license under s. 450.05 440.09 whose practice of pharmacy is limited to performing duties under the direct supervision of a person licensed as a pharmacist by the board and administering vaccines or drugs as authorized under s. 450.035 during the period before which the board takes final action on the person's application. SECTION 84. 450.05 of the statutes is repealed. SECTION 85. 450.071 (3m) of the statutes is repealed. SECTION 86. 451.04 (2) (d) of the statutes is amended to read: 451.04 (2) (d) Subject to s. 451.08, submits Submits evidence satisfactory to the department that he or she has completed a course of study and residency program in acupuncture that meets standards established by the department by rule. SECTION 87. 451.04 (2) (e) of the statutes is amended to read: 451.04 (2) (e) Subject to s. 451.08, passes Passes an examination approved by the department to determine fitness as an acupuncturist. SECTION 88. 451.04 (3) of the statutes is amended to read: 451.04 (3) POSTING OF CERTIFICATE. The department shall issue a certificate to each individual who satisfies the requirements in sub. (2) or s. 451.08, certifying that the holder is authorized to practice acupuncture in this state. The holder shall post the certificate in a conspicuous place in his or her place of business. SECTION 89. 451.08 of the statutes is repealed. SECTION 90. 452.05 (3) of the statutes is amended to read: 452.05 (3) The board may enter into reciprocal agreements with officials of other states or territories of the United States for licensing brokers and salespersons and grant licenses to applicants who are licensed as brokers or salespersons in those states or territories according to the terms of the reciprocal agreements. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 18 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 91 SENATE BILL 320 SECTION 91. 452.09 (2) (a) of the statutes is amended to read: 452.09 (2) (a) Except as provided in a reciprocal agreement under s. 452.05 (3) s. 440.09, each applicant for a salesperson's license shall submit to the board evidence satisfactory to the board of successful completion of educational programs approved for this purpose under s. 452.05 (1) (c). The board may waive the requirement under this paragraph upon proof that the applicant has received 10 academic credits in real estate or real estate related law courses from an accredited institution of higher education. SECTION 92. 452.09 (2) (c) (intro.) of the statutes is amended to read: 452.09 (2) (c) (intro.) Except as provided in par. (d) or a reciprocal agreement under s. 452.05 (3) s. 440.09, each applicant for a broker's license to be issued to an individual shall do all of the following: SECTION 93. 452.09 (4) (d) of the statutes is amended to read: 452.09 (4) (d) Except as provided in a reciprocal agreement under s. 452.05 (3) s. 440.09, an applicant for a broker's license who is a nonresident may satisfy the requirement under par. (a) by submitting to the board evidence satisfactory to the board that the applicant has been a licensed broker under the laws of another state for at least 2 years within the last 4 years preceding the date of the applicant's application for a broker's license. SECTION 94. 454.06 (1) (a) of the statutes is amended to read: 454.06 (1) (a) The applicant pays the initial credential fee determined by the department under s. 440.03 (9) (a), except as provided in s. 454.13 (1). SECTION 95. 454.13 (title) of the statutes is repealed and recreated to read: 454.13 (title) Reciprocal agreements. SECTION 96. 454.13 (1) of the statutes is repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 19 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 97 SENATE BILL 320 SECTION 97. 454.13 (2) of the statutes is renumbered 454.13. SECTION 98. 454.23 (2) (a) of the statutes is amended to read: 454.23 (2) (a) The applicant pays the initial credential fee determined by the department under s. 440.03 (9) (a), except as provided in s. 454.27 (1). SECTION 99. 454.27 (title) of the statutes is repealed and recreated to read: 454.27 (title) Reciprocal agreements. SECTION 100. 454.27 (1) of the statutes is repealed. SECTION 101. 454.27 (2) of the statutes is renumbered 454.27. SECTION 102. 455.04 (3) of the statutes is repealed. SECTION 103. 456.08 of the statutes is repealed. SECTION 104. 457.15 of the statutes is repealed. SECTION 105. 458.06 (2) (intro.) of the statutes is renumbered 458.06 (1) and amended to read: 458.06 (1) APPLICATION. All applications for certification under this section shall be submitted to the department on a form provided by the department. An applicant shall specify on the application whether he or she is applying for a general appraiser certificate or a residential appraiser certificate. (2) GENERAL REQUIREMENTS. No initial certificate may be issued under this section sub. (3) or (4) unless all of the following conditions are satisfied: SECTION 106. 458.06 (2) (b) of the statutes is amended to read: 458.06 (2) (b) The applicant pays the fee specified in s. 440.05 (1), except as provided in sub. (4m). SECTION 107. 458.06 (4m) of the statutes is repealed. SECTION 108. 458.08 (2) (intro.) of the statutes is renumbered 458.08 (1) and amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 20 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 108 SENATE BILL 320 458.08 (1) APPLICATION. An application for licensure under this section shall be submitted to the department on a form provided by the department. (2) GENERAL REQUIREMENTS. No initial certificate of licensure may be issued under this section sub. (3) unless all of the following conditions are satisfied: SECTION 109. 458.08 (2) (b) of the statutes is amended to read: 458.08 (2) (b) The applicant pays the fee specified in s. 440.05 (1), except as provided in subs. sub. (3m) and (4). SECTION 110. 458.08 (4) of the statutes is repealed. SECTION 111. 459.05 (1) of the statutes is renumbered 459.05 and amended to read: 459.05 Issuance of license. The department shall issue grant a hearing instrument specialist license to each applicant who passes an examination under s. 459.06 and pays the fee specified in s. 440.05 (1) a license. SECTION 112. 459.05 (1m) of the statutes is repealed. SECTION 113. 459.28 (title) of the statutes is repealed and recreated to read: 459.28 (title) Reciprocal agreements. SECTION 114. 459.28 (1) of the statutes is repealed. SECTION 115. 459.28 (2) of the statutes is renumbered 459.28. SECTION 116. 460.09 of the statutes is repealed. SECTION 117. 462.03 (1) (intro.) of the statutes is amended to read: 462.03 (1) GENERAL REQUIREMENTS. (intro.) The board may not grant a license under sub. (2) or limited X-ray machine operator permit under this section sub. (3) to a person unless all of the following apply: SECTION 118. 462.03 (2) of the statutes is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 21 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 118 SENATE BILL 320 462.03 (2) LICENSE. Subject to sub. (1), the The board shall grant a license to practice radiography to a person who satisfies the general requirements under sub. (1), passes an examination administered by the board, and submits evidence satisfactory to the board that the person has completed a course of study in radiography that has been approved by the board or an equivalent course of study, as determined by the board. SECTION 119. 462.03 (3) of the statutes is amended to read: 462.03 (3) PERMIT. Subject to sub. (1), the The board shall grant a limited X-ray machine operator permit to perform radiography to a person who satisfies the general requirements under sub. (1) and passes an examination administered by the board and submits evidence satisfactory to the board that the person has completed an appropriate course of study, as determined by the board. SECTION 120. 462.06 (1) (b) of the statutes is amended to read: 462.06 (1) (b) Establish standards for examinations under s. 462.03 (2) and (3). Notwithstanding s. 462.03 (2) and (3), the rules may permit a person to satisfy the examination requirement by providing the board with evidence satisfactory to the board that the person holds a current registration by the American Registry of Radiologic Technologists or a successor organization or is currently licensed to practice radiography in another state with examination standards at least as stringent as those promulgated by the board under this paragraph. The board may adopt a limited scope radiography examination administered by the American Registry of Radiologic Technologists, a successor organization, or other recognized national voluntary credentialing body, if the examination standards are at least as stringent as those adopted by the board under this paragraph. SECTION 121. 470.06 of the statutes is repealed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 22 -2023 - 2024 Legislature LRB-2742/1 MED:skw SECTION 122 SENATE BILL 320 SECTION 122. 480.12 (title) of the statutes is repealed and recreated to read: 480.12 (title) Reciprocal agreements. SECTION 123. 480.12 (1) of the statutes is repealed. SECTION 124. 480.12 (2) of the statutes is renumbered 480.12. SECTION 125. 961.385 (1) (aL) of the statutes is amended to read: 961.385 (1) (aL) “Pharmacist" means a person licensed by the pharmacy examining board under s. 450.03 or 450.05 or pharmacist, as defined in s. 450.01 (15) or a person licensed in another state and recognized by this state as a person authorized to engage in the practice of pharmacy in the state in which the person is licensed. SECTION 126.0Effective date. (1) This act takes effect on the first day of the 13th month beginning after publication. (END) 1 2 3 4 5 6 7 8 9 10 11 12 13 14