SB296,8 14Section 8 . 440.14 (3) of the statutes, as affected by 2015 Wisconsin Act 116,
15section 11m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
SB296,5,2416 440.14 (3) If the department or a credentialing board requires an individual
17to provide, by telephone or other electronic means, any of the individual's personal
18identifiers in order to apply for a credential or credential renewal, to obtain a product
19or service from the department or a credentialing board, or to be included in the
20self-certification registry under s. 475.13, the department or the credentialing board
21shall ask the individual at the time that the individual provides the information if
22the individual wants to declare that the individual's personal identifiers obtained by
23telephone or other electronic means may not be disclosed on any list that the
24department or the credentialing board furnishes to another person.
SB296,9 25Section 9. 440.21 (1) of the statutes is amended to read:
SB296,6,3
1440.21 (1) The department may conduct investigations, hold hearings, and
2make findings as to whether a person has engaged in a practice or used a title without
3a credential required under chs. 440 to 480 or has violated s. 475.13 (5).
SB296,10 4Section 10. 440.21 (2) of the statutes is amended to read:
SB296,6,85 440.21 (2) If, after holding a public hearing, the department determines that
6a person has engaged in a practice or used a title without a credential required under
7chs. 440 to 480 or has violated s. 475.13 (5), the department may issue a special order
8enjoining the person from the continuation of the practice or use of the title.
SB296,11 9Section 11. 440.21 (3) of the statutes is amended to read:
SB296,6,1410 440.21 (3) In lieu of holding a public hearing, if the department has reason to
11believe that a person has engaged in a practice or used a title without a credential
12required under chs. 440 to 480 or has violated s. 475.13 (5), the department may
13petition the circuit court for a temporary restraining order or an injunction as
14provided in ch. 813.
SB296,12 15Section 12 . 440.23 (title) of the statutes is amended to read:
SB296,6,17 16440.23 (title) Cancellation of credential or removal from registry;
17reinstatement.
SB296,13 18Section 13 . 440.23 (2g) and (2r) of the statutes are created to read:
SB296,6,2419 440.23 (2g) If a person included in the self-certification registry pays a fee
20under s. 475.10 (1) or (5) or 475.13 (1) (a) 2. or (2) (b) by check or debit or credit card
21and the check is not paid by the financial institution upon which the check is drawn
22or if the demand for payment under the debit or credit card transaction is not paid
23by the financial institution upon which demand is made, the department may
24remove the person from the registry.
SB296,7,6
1(2r) At least 20 days before removing a person from the self-certification
2registry under sub. (2g), the department shall mail a notice to the person that
3informs the person that the check or demand for payment under the debit or credit
4card transaction was not paid by the financial institution and that the person may
5be removed from the registry on the date determined under sub. (2g) unless the
6person complies with sub. (2) (a) and (c) before that date.
SB296,14 7Section 14 . 440.23 (3) of the statutes is amended to read:
SB296,7,128 440.23 (3) Nothing in sub. (1) or (2) prohibits the department from extending
9the date for cancellation to allow the holder additional time to comply with sub. (2)
10(a) to (c). Nothing in sub. (2g) or (2r) prohibits the department from extending the
11date for removing a person from the self-certification registry to allow the person
12additional time to comply with sub. (2) (a) and (c).
SB296,15 13Section 15. Chapter 475 of the statutes is created to read:
SB296,7,1414 CHAPTER 475
SB296,7,1515 Self-Certification Registry
SB296,7,16 16475.01 Definitions. In this chapter:
SB296,7,19 17(1) “Credential” means a license, permit, certificate of certification or
18registration, or similar form of permission that is issued by the state or by any agency
19or authority in any branch of state government.
SB296,7,21 20(2) “Registry” means the self-certification registry established by the
21department under s. 475.05 (1).
SB296,8,2 22(3) (a) Except as provided in par. (b), “supporting organization” means an
23organization based in this state, a national organization, or the Wisconsin chapter
24of a national organization, that exists solely to serve or benefit individuals who work
25in one or more particular occupations or professions, including by providing

1professional certification, providing continuing education, or otherwise facilitating
2the continued existence of the occupations or professions.
SB296,8,73 (b) “Supporting organization” does not include an organization or a chapter of
4an organization that exists to serve or benefit individuals who work in an occupation
5or profession for which a credential is currently required in order to practice that
6occupation or profession, to use a title associated with that occupation or profession,
7or to otherwise be employed in that occupation or profession.
SB296,8,11 8475.05 Registry established; duties of department. (1) (a) The
9department shall establish and maintain an electronic, self-certification registry
10that includes information about individuals who have been certified by an approved
11supporting organization as provided in this chapter.
SB296,8,1312 (b) The department shall make all of the following information available from
13the registry under par. (a) through its Internet site:
SB296,8,1514 1. A searchable listing of approved supporting organizations included in the
15registry under s. 475.10.
SB296,8,1716 2. Searchable registers of the names and addresses of individuals included in
17the registry under s. 475.13.
SB296,8,1918 3. Information about how a supporting organization can apply to be included
19in the registry under s. 475.10 (1).
SB296,8,2120 4. Information about how an individual certified by an approved supporting
21organization can apply to be included in the registry under s. 475.13 (1).
SB296,8,24 22(2) The department shall create an application that requires a supporting
23organization applying for inclusion in the registry under s. 475.10 (1) to provide all
24of the following information:
SB296,8,2525 (a) The name of the organization.
SB296,9,2
1(b) Information about each occupation or profession that the organization
2certifies.
SB296,9,43 (c) Information about how approving the organization will provide additional
4protection to consumers in this state.
SB296,9,65 (d) The following information about the scope of practice of each occupation or
6profession to which the organization relates:
SB296,9,87 1. The extent to which the scope of practice is similar to the scope of practice
8of an occupation or profession for which a credential is required.
SB296,9,109 2. The extent to which the services provided by individuals practicing the
10occupation or profession include fiduciary responsibilities.
SB296,9,1211 3. The extent to which the services provided by individuals practicing the
12occupation or profession can be misused for unscrupulous reasons.
SB296,9,1413 (e) The organization's ability to decertify individuals who have received a
14certification from the organization.
SB296,9,1615 (f) The organization's ability to investigate consumer complaints about
16individuals certified by the organization.
SB296,9,1817 (g) The extent to which the organization monitors individuals certified by the
18organization.
SB296,9,1919 (h) Continuing education services provided by the organization.
SB296,9,2020 (i) The length of time the organization has existed.
SB296,9,2121 (j) Other information the department deems appropriate.
SB296,9,22 22(3) The department shall promulgate all of the following rules:
SB296,9,2423 (a) Any rules necessary for creating and maintaining the registry under sub.
24(1).
SB296,10,3
1(b) Rules establishing procedures for processing applications by supporting
2organizations under s. 475.10 and the removal of supporting organizations from the
3registry.
SB296,10,54 (c) Rules establishing procedures for processing applications by individuals
5under s. 475.13 and the removal of individuals from the registry.
SB296,10,76 (d) Rules establishing requirements and procedures for renewals under ss.
7475.10 (5) and 475.13 (2) (b).
SB296,10,88 (e) Rules governing audits under s. 475.13 (6).
SB296,10,12 9(4) The department shall, within 2 years after the department first approves
10a supporting organization under s. 475.10, submit a report to the joint committee on
11finance and to the appropriate standing committees of the legislature under s. 13.172
12(3) containing all of the following:
SB296,10,1413 (a) The names of all supporting organizations that have been approved by the
14department under s. 475.10.
SB296,10,1615 (b) The names of all organizations that applied for approval under s. 475.10
16that were not approved by the department.
SB296,10,1817 (c) Information about how the registry has provided additional consumer
18protection to the residents of this state.
SB296,10,2019 (d) The department's recommendations as to whether the registry should be
20continued or whether the limitation under s. 475.10 (8) should be repealed.
SB296,11,2 21475.10 Inclusion in registry; supporting organizations. (1) A supporting
22organization may apply for inclusion in the registry using the application created by
23the department under s. 475.05 (2). The department may charge a supporting
24organization an application fee in an amount necessary to reflect the administrative

1costs of the department that are associated with the application process. The
2department shall adjust any such fee in accordance with s. 440.03 (9).
SB296,11,10 3(2) The department shall review completed applications from supporting
4organizations submitted under sub. (1). After the department has completed its
5review of an application, the department shall hold a public hearing on the
6application. To the extent practicable, the department shall conduct a hearing under
7this subsection in the manner prescribed for rule-making hearings under s. 227.18.
8The department may send a copy of a notice of a hearing under this subsection to the
9legislative reference bureau, in a format approved by the legislative reference
10bureau, for publication in the Wisconsin administrative register.
SB296,11,20 11(3) (a) The department shall, within 30 days after the date of the hearing held
12under sub. (2), either approve the application, deny the application, or request that
13the supporting organization submit additional information. The department shall
14approve an application if the department determines, based on the evidence
15presented in the supporting organization's application under sub. (1) and
16information and testimony presented at the hearing held under sub. (2), that
17approving the supporting organization will improve consumer protection in this
18state. After the department receives additional information as provided in this
19paragraph, the department may hold an additional hearing as needed and shall
20either approve or deny the application.
SB296,11,2421 (b) Within 30 days after the department denies an application under this
22section, the supporting organization may petition the secretary for reconsideration
23of the application. The secretary shall make a decision on the petition within 30 days
24after it is filed.
SB296,12,5
1(4) If the department approves a supporting organization's application for
2inclusion in the registry, the department shall include the supporting organization
3in the registry. The department shall allow an individual who is certified by an
4approved supporting organization to apply for inclusion in the registry as provided
5in s. 475.13.
SB296,12,12 6(5) A supporting organization's inclusion in the registry shall be subject to
7renewal every 2 years. If the department requires the payment of an application fee
8under sub. (1), the department shall require the payment of a renewal fee for a
9renewal under this subsection in an amount necessary to reflect the administrative
10and enforcement costs of the department associated with that supporting
11organization's inclusion in the registry. The department shall adjust any such fee in
12accordance with s. 440.03 (9).
SB296,12,14 13(6) The department may remove an approved supporting organization from the
14registry for any of the following reasons:
SB296,12,1515 (a) The organization requests to be removed from the registry.
SB296,12,1616 (b) The organization ceases its operations.
SB296,12,1817 (c) The supporting organization fails to renew its inclusion in the registry as
18provided in sub. (5).
SB296,12,2119 (d) Fraud or deceit in the application process that would have affected the
20department's decision to approve the supporting organization's application under
21sub. (1).
SB296,12,2222 (e) The department removes the organization pursuant to s. 440.23.
SB296,12,25 23(7) (a) A supporting organization that is included in the registry shall notify
24the department if the organization decertifies an individual who is certified by the
25organization.
SB296,13,5
1(b) A supporting organization that is included in the registry may audit the
2information of an individual included in the registry under s. 475.13 who claims to
3have earned a certification from the supporting organization. If the supporting
4organization determines that an individual included in the registry does not possess
5the certification, the supporting organization shall notify the department.
SB296,13,9 6(8) The department shall be limited to approving 5 supporting organizations
7for inclusion in the registry. Once the department has approved 5 supporting
8organizations, the department shall, notwithstanding sub. (3), summarily deny any
9outstanding applications and any subsequently filed applications.
SB296,13,13 10475.13 Inclusion in registry; individuals. (1) (a) An individual may apply
11for inclusion in the registry by submitting an application to the department for
12inclusion in the registry on a form provided by the department. An applicant shall
13include all of the following with his or her application:
SB296,13,1514 1. Evidence that the individual possesses a valid certification from an approved
15supporting organization that is included in the registry under s. 475.10 (4).
SB296,13,1816 2. A fee in an amount necessary to reflect the administrative costs of the
17department that are associated with the application process. The department shall
18adjust the fee in accordance with s. 440.03 (9).
SB296,13,2019 3. Subject to ss. 111.321, 111.322, and 111.335, evidence satisfactory to the
20department that the person does not have an arrest or conviction record.
SB296,13,2421 (b) 1. The department shall conduct an investigation to determine whether an
22applicant under par. (a) does not have an arrest or conviction record. In conducting
23an investigation under this paragraph, the department may require an applicant to
24provide any information that is necessary for the investigation.
SB296,14,5
12. An individual may apply to the secretary for a waiver from the investigation
2requirement under subd. 1. The secretary may grant the waiver only if the secretary
3determines the individual, in practicing the individual's occupation or profession,
4would not present an unreasonable risk of harm to the health, safety, or welfare of
5the public.
SB296,14,76 3. The department may charge an individual any fees, costs, or other expenses
7incurred in conducting any investigation under subd. 1.
SB296,14,10 8(2) (a) The department shall review completed applications submitted under
9sub. (1). If the department approves an individual's application, the department
10shall include that individual in the registry.
SB296,14,1611 (b) An individual's inclusion in the registry shall be subject to renewal every
122 years. The department may require the payment of a renewal fee for a renewal
13under this paragraph in an amount necessary to reflect the administrative and
14enforcement costs of the department associated with the inclusion of individuals
15certified by that supporting organization in the registry. The department shall
16adjust the fee in accordance with s. 440.03 (9).
SB296,14,21 17(3) An individual who is included in the registry and is convicted of a felony or
18misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the
19department within 48 hours after the entry of the judgment of conviction. The
20department shall by rule determine what information and documentation the
21individual shall include with the written notice.
SB296,14,23 22(4) An individual who is included in the registry as provided in sub. (2) shall
23be removed from the registry if any of the following applies:
SB296,14,2524 (a) The supporting organization that certified the individual is removed from
25the registry under s. 475.10 (6).
SB296,15,2
1(b) The individual fails to renew his or her inclusion in the registry as provided
2in sub. (2) (b).
SB296,15,43 (c) The department receives a notification from a supporting organization
4under s. 475.10 (7) (a) that the individual has been decertified.
SB296,15,75 (d) The department determines, on the basis of a notification under s. 475.10
6(7) (b), on the basis of an audit under sub. (6), or otherwise, that the individual does
7not possess the requisite certification.
SB296,15,98 (e) Subject to ss. 111.321, 111.322, and 111.335, the individual is convicted of
9a crime.
SB296,15,1010 (f) The department removes the individual pursuant to s. 440.23.
SB296,15,16 11(5) No individual may, in conjunction with his or her practice of an occupation
12or profession, use the phrase “state certified” or anything else to indicate that he or
13she is certified by the state to engage in that occupation or profession, if a supporting
14organization for that occupation or profession is included on the registry under s.
15475.10, unless the individual is currently included in the registry as provided in sub.
16(2).
SB296,15,19 17(6) The department may conduct audits of information submitted by
18individuals in applications under sub. (1) (a) or by individuals included in the
19registry as provided in sub. (2).
SB296,15,21 20475.15 Penalties. (1) Any individual who violates s. 475.13 (5) is subject to
21a forfeiture not to exceed $10,000.
Loading...
Loading...