Date of enactment: March 15, 2004
2003 Senate Bill 103 Date of publication*: March 29, 2004
* Section 991.11, Wisconsin Statutes 2001-02 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2003 WISCONSIN ACT 151
An Act to renumber and amend 440.03 (13); and to create 440.03 (13) (b) and 440.03 (13) (c) of the statutes; relating to: criminal background investigations by the Department of Regulation and Licensing of applicants for certain professional credentials and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
151,1 Section 1. 440.03 (13) of the statutes is renumbered 440.03 (13) (a) and amended to read:
440.03 (13) (a) The department may conduct an investigation to determine whether an applicant for a credential issued under chs. 440 to 480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this subsection paragraph, the department may require an applicant to provide any information that is necessary for the investigation or, for the purpose of obtaining information related to, except that, for an investigation of an arrest or conviction record of an applicant, to complete forms provided by the department of justice or the federal bureau of investigation, the department shall comply with the requirements of pars. (b) and (c).
(d) The department shall charge the an applicant any fees, costs, or other expenses incurred in conducting the any investigation under this subsection or s. 440.26.
151,2 Section 2. 440.03 (13) (b) of the statutes is created to read:
440.03 (13) (b) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, except as provided in par. (c):
1. Accountant, certified public.
2. Acupuncturist.
3. Advanced practice nurse prescriber.
4. Aesthetician.
5. Aesthetics instructor.
6. Appraiser, real estate, certified general.
7. Appraiser, real estate, certified residential.
8. Appraiser, real estate, licensed.
9. Architect.
10. Athletic trainer.
11. Auctioneer.
12. Audiologist.
13. Barber or cosmetologist.
14. Barbering or cosmetology instructor.
15. Barbering or cosmetology manager.
16. Boxer.
17. Cemetery preneed seller.
18. Cemetery salesperson.
19. Chiropractor.
20. Dental hygienist.
21. Dentist.
22. Designer of engineering systems.
23. Dietitian.
24. Drug distributor.
25. Drug manufacturer.
26. Electrologist.
27. Electrology instructor.
28. Engineer, professional.
29. Fund-raising counsel.
30. Funeral director.
31. Hearing instrument specialist.
32. Home inspector.
33. Landscape architect.
34. Land surveyor.
35. Manicuring instructor.
36. Manicurist.
37. Marriage and family therapist.
38. Massage therapist or bodyworker.
39. Music, art, or dance therapist.
40. Nurse, licensed practical.
41. Nurse, registered.
42. Nurse-midwife.
43. Nursing home administrator.
44. Occupational therapist.
45. Occupational therapy assistant.
46. Optometrist.
47. Perfusionist.
48. Pharmacist.
49. Physical therapist.
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