List of registered persons.
Discipline; prohibited acts; penalties.
"Department" means the department of regulation and licensing.
"Grant" means the substantive act of an examining board, section of an examining board, affiliated credentialing board or the department of approving the applicant for credentialing and the preparing, executing, signing or sealing of the credentialing.
"Issue" means the procedural act of the department of transmitting the credential to the person who is credentialed.
"Limit", when used in reference to limiting a credential, means to impose conditions and requirements upon the holder of the credential, and to restrict the scope of the holder's practice.
"Renewal date" means the date on which a credential expires and before which it must be renewed for the holder to maintain without interruption the rights, privileges and authority conferred by the credential.
"Reprimand" means to publicly warn the holder of a credential.
"Revoke", when used in reference to revoking a credential, means to completely and absolutely terminate the credential and all rights, privileges and authority previously conferred by the credential.
"Secretary" means the secretary of regulation and licensing.
"Suspend", when used in reference to suspending a credential, means to completely and absolutely withdraw and withhold for a period of time all rights, privileges and authority previously conferred by the credential.
"Credential" means a license, permit, or certificate of certification or registration that is issued under chs. 440
"Credentialing" means the acts of an examining board, section of an examining board, affiliated credentialing board or the department that relate to granting, issuing, denying, limiting, suspending or revoking a credential.
"Examining board" includes the board of nursing.
"Liable for delinquent taxes" means that a person has been finally determined to be delinquent in the payment of taxes, including penalties, interest, fees and costs, under ch. 71
and the person remains delinquent in the payment of those taxes at the time the department requests a certification under s. 440.08 (2r)
of liability for delinquent taxes.
Par. (cs) was created as 440.01 (2) (cm) by 1995 Wis. Act 333
and renumbered by the revisor under s. 13.93 (1) (b).
"Reciprocal credential" means a credential granted by an examining board, section of an examining board, affiliated credentialing board or the department to an applicant who holds a credential issued by a governmental authority in a jurisdiction outside this state authorizing or qualifying the applicant to perform acts that are substantially the same as those acts authorized by the credential granted by the examining board, section of the examining board, affiliated credentialing board or department.
Procedural due process and the separation of functions in state occupational licensing agencies. 1974 WLR 833.
Members of the staff of the department who are assigned by the secretary to collect moneys shall be bonded in an amount equal to the total receipts of the department for any month.
General duties and powers of the department. 440.03(1)(1)
The department may promulgate rules defining uniform procedures to be used by the department, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in s. 560.41 (2)
, that is issued under chs. 440
The department may provide examination development services, consultation and technical assistance to other state agencies, federal agencies, counties, cities, villages, towns, national or regional organizations of state credentialing agencies, similar credentialing agencies in other states, national or regional accrediting associations, and nonprofit organizations. The department may charge a fee sufficient to reimburse the department for the costs of providing such services. In this subsection, "nonprofit organization" means a nonprofit corporation as defined in s. 181.02 (4)
and an organization exempt from tax under 26 USC 501
If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under s. 15.405
The department may investigate complaints made against a person who has been issued a credential under chs. 440
The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of disciplinary proceedings.
The department may investigate allegations of negligence by physicians licensed to practice medicine and surgery under ch. 448
The department shall have access to any information contained in the reports filed with the medical examining board, an affiliated credentialing board attached to the medical examining board and the board of nursing under s. 655.045
, as created by 1985 Wisconsin Act 29
, and s. 655.26
The department shall establish the style, content and format of all credentials and of all forms for applying to the department for renewal of any credential issued under chs. 440
.When establishing the format of credential renewal application forms, the department shall provide a place on the form for the information required under s. 440.08 (2g) (b)
. Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.
The department may promulgate rules requiring holders of certain credentials to do any of the following:
Display the credential in a conspicuous place in the holder's office or place of practice or business, if the holder is not required by statute to do so.
Post a notice in a conspicuous place in the holder's office or place of practice or business describing the procedures for filing a complaint against the holder.
The department shall include all of the following with each biennial budget request that it makes under s. 16.42
A recalculation of the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under chs. 440
and that are included in the budget request.
A recommended change to each fee specified under s. 440.05 (1)
for an initial credential for which an examination is not required, under s. 440.05 (2)
for a reciprocal credential and under s. 440.08 (2) (a)
for a credential renewal if the change is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under s. 440.08 (2) (a)
for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i)
prior to and during that budget period.
The department shall study whether continued certification of dietitians by the dietitians affiliated credentialing board, as created by 1993 Wisconsin Act 443
, is necessary for the protection of the consumers of dietetic services. The department shall report the results of the study to the legislature under s. 13.172 (2)
by July 1, 1998.
The department shall cooperate with the department of health and family services to develop a program to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health and family services in the evaluation of community mental health programs in exchange for continuing education credits for the professionals under ss. 448.40 (2) (e)
and 455.065 (5)
The department shall establish a procedure for making a request under s. 440.08 (2r)
to the department of revenue to certify whether a credential holder is liable for delinquent taxes.
History: 1977 c. 418
; 1979 c. 34
; 1981 c. 94
; 1985 a. 29
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
, 9126 (19)
; 1995 a. 233
General duties of examining boards and affiliated credentialing boards.
Each examining board or affiliated credentialing board attached to the department or an examining board shall:
Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.
Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations and disciplinary matters affecting persons who are credentialed by the examining board or affiliated credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the examining board, affiliated credentialing board or accreditation.
Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.
Compile and keep current a register of the names and addresses of all persons who are credentialed to be retained by the department and which shall be available for public inspection during the times specified in s. 230.35 (4) (a)
Duties of the secretary.
The secretary shall:
Centralize, at the capital and in such district offices as the operations of the department and the attached examining boards and affiliated credentialing boards require, the routine housekeeping functions required by the department, the examining boards and the affiliated credentialing boards.
Provide the bookkeeping, payroll, accounting and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached examining boards and affiliated credentialing boards.
Control the allocation, disbursement and budgeting of the funds received by the examining boards and affiliated credentialing boards in connection with their credentialing and regulation.
Employ, assign and reassign such staff as are required by the department and the attached examining boards and affiliated credentialing boards in the performance of their functions.
With the advice of the examining boards or affiliated credentialing boards:
Provide the department with such supplies, equipment, office space and meeting facilities as are required for the efficient operation of the department.
Make all arrangements for meetings, hearings and examinations.
Provide such other services as the examining boards or affiliated credentialing boards request.
Appoint outside the classified service an administrator for any division established in the department and a director for any bureau established in the department as authorized in s. 230.08 (2)
. The secretary may assign any bureau director appointed in accordance with this subsection to serve concurrently as a bureau director and a division administrator.
Unless otherwise specified in chs. 440
, provide examination development, administration, research and evaluation services as required.
Collect data related to the registration of speech-language pathologists and audiologists under subch. III of ch. 459
and, on January 15, 1993, report the data and recommendations on whether the licensure of speech-language pathologists and audiologists under subch. II of ch. 459
is appropriate to the chief clerk of each house of the legislature for distribution in the manner provided under s. 13.172 (2)
Annually prepare and submit a report to the legislature under s. 13.172 (2)
on the number of minority group members who applied for licensure as a certified public accountant under ch. 442
, the number who passed the examination required for licensure as a certified public accountant and the number who were issued a certified public accountant license under ch. 442
, during the preceding year.
Advisory committees. 440.042(1)(1)
The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
Any person who in good faith testifies before the department or any examining board, affiliated credentialing board or board in the department or otherwise provides the department or any examining board, affiliated credentialing board or board in the department with advice or information on a matter relating to the regulation of a person holding a credential is immune from civil liability for his or her acts or omissions in testifying or otherwise providing such advice or information. The good faith of any person specified in this subsection shall be presumed in any civil action and an allegation that such a person has not acted in good faith must be proven by clear and convincing evidence.
History: 1993 a. 16
; 1993 a. 107
Any dispute between an examining board or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor's designee after consultation with the disputants.
History: 1977 c. 418
; 1979 c. 34
; 1993 a. 107
Relationship between department, cosmetology examining board and governor discussed. 70 Atty. Gen. 172.
The following standard fees apply to all initial credentials, except as provided in ss. 440.42
Initial credential: $39. Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department.
Examination: If an examination is required, the applicant shall pay an examination fee. The fee for examination shall be an amount equal to the department's best estimate of the actual cost of preparing, administering and grading the examination or obtaining and administering an approved examination from a test service.
Reciprocal credential, including any credential described in s. 440.01 (2) (d)
and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: The applicable credential renewal fee under s. 440.08 (2) (a)
and, if an examination is required, an examination fee under sub. (1)
Apprentice, journeyman, student or other temporary credential , granted pending completion of education, apprenticeship or examination requirements: $10.
Replacement of lost credential, name or address change on credential, issuance of duplicate credential or transfer of credential: $10.
Endorsement of persons who are credentialed to other states: $10.
History: 1977 c. 29
; 1979 c. 34
; 1979 c. 175
; 1979 c. 221
s. 2202 (45)
; 1983 a. 27
; 1985 a. 29
; 1987 a. 264
; 1989 a. 31
; 1991 a. 39
; 1993 a. 16
; 1995 a. 27
Credit card payments. 440.055(1)
The department may accept payment by credit card of a fee that is required to be paid to the department under chs. 440
If the department permits the payment of a fee with use of a credit card under sub. (1)
, the department shall charge a credit card service charge for each transaction. The credit card service charge shall be in addition to the fee that is being paid with the credit card and shall be sufficient to pay the costs to the department for providing this service to persons who request it, including the cost of any services for which the department contracts under sub. (3)
The department may contract for services relating to the payment of fees by credit card under this section.
History: 1995 a. 27