440.85(2)(f)
(f) Violated this subchapter or a rule promulgated under this subchapter.
440.85 History
History: 2005 a. 31.
440.86(1)(1) Any person who violates this subchapter or a rule promulgated under this subchapter may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
440.86(2)
(2) In addition to or in lieu of the penalties under
sub. (1) and the remedies under
s. 440.85 (2), any person who violates this subchapter or a rule promulgated under this subchapter may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate violation.
440.86 History
History: 2005 a. 31.
440.87
440.87
Exceptions. This subchapter does not apply to a person who is performing his or her duties as an officer of a public institution, medical school, medical college, county medical society, anatomical association, or accredited college of embalming, or to a person acting in accordance with a statute prescribing the conditions under which donated or indigent dead human bodies are held subject for anatomical study, or to a person who is acting according to the burial customs or rites of a religious sect to which the person belongs or subscribes.
440.87 History
History: 2005 a. 31.
SUBSTANCE ABUSE COUNSELORS,
CLINICAL SUPERVISORS,
AND PREVENTION SPECIALISTS
440.88
440.88
Substance abuse counselors, clinical supervisors, and prevention specialists. 440.88(1)
(1)
Definitions. In this subchapter:
440.88(1)(a)
(a) "Clinical supervisor" means a clinical supervisor-in-training, an intermediate clinical supervisor, or an independent clinical supervisor.
440.88(1)(am)
(am) "Prevention specialist" means a prevention specialist-in-training or a prevention specialist.
440.88(1)(b)
(b) "Substance abuse counselor" means a substance abuse counselor-in-training, a substance abuse counselor, or a clinical substance abuse counselor.
440.88(2)
(2) Certification. Except as provided in
sub. (3m) and
s. 440.12 or
440.13, the department shall certify as a substance abuse counselor, a clinical supervisor, or a prevention specialist any individual who satisfies the applicable conditions in
sub. (3) and who has presented evidence satisfactory to the department that applicable certification standards and qualification of the department, as established by rule, have been met.
440.88(3)
(3) Certification; standards and qualifications. 440.88(3)(a)(a) Subject to
pars. (b) and
(c) and except as provided in
sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors described under
s. HFS 75.02 (11) and
(84), 2005 Wis. Adm. Code:
440.88(3)(b)
(b) Rules promulgated under
par. (a) shall include standards based on demonstrated requisite competency, knowledge, skills, and attitudes of professional practice that are culturally competent and evidence-based.
440.88(3)(c)
(c) Before the department may promulgate rules under
par. (a), the department shall appoint a certification review committee under
s. 227.13 and shall consult with the certification review committee on the proposed rules.
440.88(3m)
(3m) Exception. This section does not apply to a physician, as defined in
s. 448.01 (5), a clinical social worker, as defined in
s. 457.01 (1r), or a licensed psychologist, as defined in
s. 455.01 (4), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her licensure.
440.88(4)
(4) Applications; certification period. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the fee specified in
s. 440.05 (1). The renewal date and renewal fee for certification as a substance abuse counselor, clinical supervisor, or prevention specialist are specified under
s. 440.08 (2) (a). Renewal of certification as a substance abuse counselor-in-training, a clinical supervisor-in-training, or a prevention specialist-in-training may be made only twice.
440.88(5)
(5) Certification required. Except as provided in
sub. (3m) and
s. 250.042 (4) (b), no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under
sub. (2).
440.88(6)
(6) Revocation, denial, suspension, or limitation of certification. The department may, after a hearing held in conformity with
chapter 227, revoke, deny, suspend, or limit under this subchapter the certification of any substance abuse counselor, clinical supervisor, or prevention specialist or reprimand the substance abuse counselor, clinical supervisor, or prevention specialist, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence.
440.88(7)
(7) Reciprocal certification. The department may, upon application and payment of the required fee, issue certification as a substance abuse counselor, clinical supervisor, or prevention specialist to an individual who holds a similar unexpired certification issued to the individual by another state for which the requirements for certification are of a standard that is not lower than that specified in this subchapter.
440.88(8)
(8) Certification other than by department prohibited. No entity other than the department may certify substance abuse counselors, clinical supervisors, or prevention specialists.
440.88(9)
(9) Continuing education. The department may do all of the following:
440.88(9)(a)
(a) Establish the minimum number of hours of continuing education required for renewal of certification under this section and the topic areas that the continuing education must cover.
440.88(9)(b)
(b) Require continuing education as part of any disciplinary process for an individual.
440.88(10)
(10) Continuing education course approval. The department shall establish the criteria for the approval of continuing education programs and courses required for renewal of certification of a substance abuse counselor, clinical supervisor, or prevention specialist and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses. The department shall approve continuing education programs and courses in accordance with the criteria established under this subsection.
440.88(11)
(11) Scope of practice. The department shall promulgate rules establishing minimum standards for the practice of substance abuse counseling, supervision, and prevention.
CEMETERY AUTHORITIES, SALESPERSONS AND PRENEED SELLERS
440.90
440.90
Definitions. In this subchapter:
440.90(4m)
(4m) "Licensed cemetery authority" means a cemetery authority that is licensed under
s. 440.91 (1).
440.90(4r)
(4r) "Licensee" means a person licensed under this subchapter.
440.90(8)
(8) "Preneed seller" means an individual who sells or solicits the sale of cemetery merchandise or an undeveloped space under a preneed sales contract or, if such an individual is employed by or acting as an agent for a cemetery authority or any other person, the cemetery authority or other person.
440.90(13)
(13) "Warehouse" means a place of storage for cemetery merchandise sold under a preneed sales contract.
440.90(14)
(14) "Wholesale cost ratio" means the actual cost to a preneed seller to supply and deliver cemetery merchandise or to construct an undeveloped space divided by the price paid by the purchaser, excluding sales tax, finance or interest charges and insurance premiums.
440.90 History
History: 1989 a. 307;
2005 a. 25.
440.905
440.905
General duties and powers of board. 440.905(1)
(1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of regulation and licensing on matters relating to cemeteries, to this chapter, or to the board.
440.905(2)
(2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. The board may determine, by rule, a fee under
s. 440.05 (1) (a) and under
s. 440.08 (2) (a) 21. that is sufficient to fund the board's operating costs.
440.905 History
History: 2005 a. 25.
440.91
440.91
Cemetery authorities and cemetery salespersons. 440.91(1)(a)(a) Any cemetery authority that operates a cemetery that is 5 acres or more in size, that sells 20 or more cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has $100,000 or more in preneed trust fund accounts for a cemetery shall apply to the board for a license for that cemetery. A cemetery authority that operates more than one cemetery shall apply for a separate license for each cemetery that is 5 acres or more in size and for each cemetery at which it sells 20 or more burial spaces or at which it has $100,000 or more in preneed trust fund accounts.
440.91(1)(b)
(b) The board shall grant a license to a cemetery authority if all of the following are satisfied:
440.91(1)(b)1.
1. The cemetery authority submits an application for the license to the board on a form provided by the board. The application shall require the cemetery authority to provide the names of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority's compliance with
subch. II of ch. 157 and this subchapter.
440.91(1)(c)1.1. The renewal dates and renewal fees for licenses granted under
par. (b) are specified in
s. 440.08 (2) (a), except that a licensed cemetery authority is not required to renew its license if the cemetery authority sells less than 20 cemetery lots or mausoleum spaces at a cemetery during a calendar year, or that has less than $100,000 in preneed trust fund accounts for a cemetery.
440.91(1)(c)2.
2. A licensed cemetery authority that is not required to renew its license under
subd. 1. shall renew the license if, during a period of 2 consecutive calendar years that is subsequent to the period specified in
subd. 1., the cemetery authority sells 20 or more cemetery lots or mausoleum spaces for a cemetery or has $100,000 or more in preneed trust fund accounts for a cemetery.
440.91(2)
(2) Except as provided in
sub. (10), every person that sells or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more cemetery lots or mausoleum spaces per year during 2 consecutive calendar years shall be licensed by the board. A person may not be licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the fee specified in
s. 440.05 (1). The cemetery authority shall certify in writing to the board that the person is competent to act as a cemetery salesperson. An applicant for licensure as a cemetery salesperson shall furnish to the board, in such form as the board prescribes, all of the following information:
440.91(2)(a)
(a) The name and address of the applicant and, if the applicant is a business entity, the name and address of each business representative.
440.91(2)(d)
(d) Any other information which the department may reasonably require to enable it to determine the competency of the salesperson to transact the business of a cemetery salesperson in a manner which safeguards the interest of the public.
440.91(3)
(3) Any cemetery salesperson may transfer to the employment of a cemetery authority, other than the cemetery authority that certified the salesperson under
sub. (2), by filing a transfer form with the department and paying the transfer fee specified in
s. 440.05 (7).
440.91(4)
(4) Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under
s. 440.08 (2) (a) and shall include the applicable renewal fee specified under
s. 440.08 (2) (a).
440.91(5)
(5) Every cemetery authority requesting the registration or transfer of any cemetery salesperson shall be responsible for the acts of that salesperson while acting as a cemetery salesperson.
440.91(6m)
(6m) A cemetery authority of a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be licensed under
sub. (1).
440.91(7)
(7) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be licensed under
sub. (2).
440.91(9)
(9) No cemetery authority or cemetery salesperson licensed under
sub. (1) or
(2) may pay a fee or commission as compensation for a referral or as a finder's fee relating to the sale of cemetery merchandise or a burial space to any person who is not licensed under
sub. (1) or
(2) or who is not regularly and lawfully engaged in the sale of cemetery merchandise or burial spaces in another state or territory of the United States or a foreign country.
440.91(10)
(10) Nothing in this section requires an individual who is licensed as a preneed seller under
s. 440.92 (1) to be licensed as a cemetery salesperson under
sub. (2) if the individual only sells or solicits the sale of cemetery merchandise or undeveloped spaces under preneed sales contracts.
440.91 History
History: 1989 a. 307 ss.
75,
80 to
83,
91;
1991 a. 39,
269;
2005 a. 25.
