440.975 History
History: 1997 a. 81.
440.975 Cross-reference
Cross Reference: See also ch.
RL 134, Wis. adm. code.
440.976
440.976
Disclaimers or limitation of liability. No home inspector may include, as a term or condition in an agreement to conduct a home inspection, any provision that disclaims the liability, or limits the amount of damages for liability, of the home inspector for his or her failure to comply with the standards of practice prescribed in this subchapter or in rules promulgated under this subchapter.
440.976 History
History: 1997 a. 81.
440.977
440.977
Liability of home inspectors. 440.977(1)
(1) Notwithstanding
s. 893.54, an action to recover damages for any act or omission of a home inspector relating to a home inspection that he or she conducts shall be commenced within 2 years after the date that a home inspection is completed or be barred. The period of limitation under this subsection may not be reduced by agreement.
440.977(2)
(2) A home inspector is not liable to a person for damages that arise from an act or omission relating to a home inspection that he or she conducts if that person is not a party to the transaction for which the home inspection is conducted.
440.977 History
History: 1997 a. 81.
440.978
440.978
Discipline; prohibited acts. 440.978(1)
(1) Subject to the rules promulgated under
s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.978(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a home inspector or deny, limit, suspend or revoke a certificate under this subchapter if the department finds that the applicant or home inspector has done any of the following:
440.978(2)(a)
(a) Made a material misstatement in an application for a certificate or renewal of a certificate.
440.978(2)(b)
(b) Engaged in conduct while practicing as a home inspector that evidences a lack of knowledge or ability to apply professional principles or skills.
440.978(2)(d)
(d) Advertised in a manner that is false, deceptive or misleading.
440.978(2)(e)
(e) Advertised, practiced or attempted to practice as a home inspector under another person's name.
440.978(2)(f)
(f) Allowed his or her name to be used by another person while the other person was practicing or attempting to practice as a home inspector.
440.978(2)(g)
(g) Subject to
ss. 111.321,
111.322 and
111.34, practiced as a home inspector while the individual's ability to practice was impaired by alcohol or other drugs.
440.978(2)(h)
(h) Acted as a home inspector in connection with a transaction in which he or she was also an appraiser or broker.
440.978(2)(i)
(i) Performed, or agreed to perform, for compensation any repairs, maintenance or improvements on any property less than 2 years after he or she conducts a home inspection, without the written consent of the property owner given before the home inspection occurred.
440.978(2)(j)
(j) Prevented or attempted to prevent a client from providing a copy of, or any information from, a home inspection report done by the home inspector in connection with a transaction to any interested party to the transaction.
440.978(2)(k)
(k) Failed to provide a home inspection report to a client by the date agreed on by the home inspector and the client or, if no date was agreed on, within a reasonable time after completing the inspection.
440.978(2)(m)
(m) Violated this subchapter or any rule promulgated under this subchapter.
440.978(3)
(3) In addition to or in lieu of proceeding under
sub. (2), the department may assess against a person who has engaged in any of the practices specified in
sub. (2) a forfeiture of not more than $1,000 for each separate offense.
440.978(4)
(4) In lieu of proceeding under
sub. (1) or
(2), the department may place, in a registry information file, a copy of a complaint received by the department against a Wisconsin registered home inspector, the inspector's response to the complaint and a copy of any records of the department concerning the complaint. If the department establishes a registry information file under this subsection, the department shall use the following procedure:
440.978(4)(a)
(a) No later than 60 days after the date on which the department receives a complaint alleging that a home inspector has engaged in conduct that is grounds for discipline under
sub. (2), the department shall provide the inspector with a copy of the complaint and place a copy of the complaint and a copy of any records of the department concerning the complaint in the registry information file.
440.978(4)(b)
(b) After receiving a copy of the complaint under
par. (a), the home inspector who is the subject of the complaint, or his or her authorized representative, may place in the registry information file a statement of reasonable length describing the inspector's view of the correctness or relevance of any of the information contained in the complaint.
440.978(4)(c)
(c) The department shall make the complaint, the home inspector's response to the complaint, if any, and a copy of any records of the department concerning the complaint placed in a registry information file under this subsection available to the public.
440.978(4)(d)
(d) The department shall remove all complaints against and other information concerning a home inspector from the registry information file if, for a period of 2 years from the date of the most recent complaint filed in the registry information file, no further complaints have been filed against the inspector.
440.978(5)
(5) The department may, as a condition of removing a limitation on a certificate issued under this subchapter or of reinstating a certificate that has been suspended or revoked under this subchapter, do any of the following:
440.978(5)(a)
(a) Require the home inspector to obtain insurance against loss, expense and liability resulting from errors and omissions or neglect in the performance of services as a home inspector.
440.978(5)(b)
(b) Require the home inspector to file with the department a bond that is furnished by a company authorized to do business in this state and is in an amount approved by the department.
440.978 History
History: 1997 a. 81.
440.978 Cross-reference
Cross Reference: See also ch.
RL 134, Wis. adm. code.
440.979
440.979
Report by department. The department shall submit an annual report to the legislature under
s. 13.172 (2) that describes all of the following:
440.979(1)
(1) The number of home inspectors who are registered under this subchapter.
440.979(2)
(2) The number and nature of complaints regarding home inspections that are received by the department from clients of home inspectors.
440.979(3)
(3) The number and nature of complaints regarding home inspections that are received by the department from persons who are not clients of home inspectors.
440.979(4)
(4) An estimate of the cost of complying with this subchapter that is incurred by home inspectors.
440.979(5)
(5) The cost incurred by the department in carrying out its duties under this subchapter.
440.979 History
History: 1997 a. 81;
1999 a. 32 s.
311.
440.979 Cross-reference
Cross Reference: See also ch.
RL 134, Wis. adm. code.
SANITARIANS
440.98
440.98
Sanitarians; qualifications, duties, registration. 440.98(1)(a)
(a) "Municipality" means a county, city or village.
440.98(1)(b)
(b) "Sanitarian" means an individual who, through education, training or experience in the natural sciences and their application and through technical knowledge of prevention and control of preventable diseases, is capable of applying environmental control measures so as to protect human health, safety and welfare.
440.98(2)
(2) Registration qualifications. In order to safeguard life, health and property, to promote public welfare and to establish the status of those persons whose duties in environmental sanitation call for knowledge of the natural sciences, the department may establish minimum standards and qualifications for the registration of sanitarians.
440.98(3)
(3) Sanitarians; employment or contractual services. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes under
chs. 250 to
255 or rules promulgated under those statutes.
440.98(5)
(5) Registration. Except as provided in
s. 440.12 or
440.13, the department shall register as a sanitarian any person who satisfies the conditions in
sub. (6) and who has presented evidence satisfactory to the department that sanitarian registration standards and qualifications of the department, as established by rule, have been met.
440.98(6)
(6) Applications. An application for a sanitarian registration 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 a sanitarian registration are specified under s.440.08 (2) (a).
440.98(7)
(7) Reciprocity. The department may by rule set standards for sanitarians registered in other states to practice as registered sanitarians in this state.
440.98(8)
(8) Revocation of registration. The department may, after a hearing held in conformance with
ch. 227, revoke, deny, suspend, or limit under this subchapter the registration of any sanitarian, or reprimand the sanitarian, for practice of fraud or deceit in obtaining the registration or any unprofessional conduct, incompetence, or professional negligence.
440.98(9)
(9) Forfeiture. In addition to or in lieu of a reprimand or a denial, limitation, suspension, or revocation of a registration under
sub. (8), the department may assess against any person a forfeiture of not less than $100 nor more than $1,000 for each violation under
sub. (8).
440.98 Cross-reference
Cross Reference: See also ch.
HFS 160, Wis. adm. code.
LICENSED MIDWIVES
Effective date note
NOTE: This subchapter is created eff. 5-1-07 by
2005 Wis. Act 292 as Subchapter XI of Chapter 440 and is renumbered Subchapter XII of Chapter 440 by the revisor under s. 13.93 (1) (b).
440.9805
440.9805
Definitions. In this subchapter:
440.9805(1)
(1) "Health care provider" means a health care provider, as defined in
s. 146.81 (1), a person licensed or issued a training permit as an emergency medical technician under
s. 146.50, or a person certified as a first responder under
s. 146.50 (8).
440.9805(2)
(2) "Licensed midwife" means a person who has been granted a license under this subchapter to engage in the practice of midwifery.
440.9805(3)
(3) "Practice of midwifery" means providing maternity care during the antepartum, intrapartum, and postpartum periods.
Effective date note
NOTE: This section is created eff. 5-1-07 by
2005 Wis. Act 292 as s. 440.980 and is renumbered s. 440.9805 by the revisor under s. 13.93 (1) (b).
440.9805 History
History: 2005 a. 292; s. 13.93 (1) (b).
440.981
440.981
Use of title; penalty. 440.981(1)
(1) No person may use the title "licensed midwife," describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this subchapter or is licensed as a nurse-midwife under
s. 441.15.
440.981(2)
(2) Any person who violates
sub. (1) may be fined not more than $250, imprisoned not more than 3 months, or both.
440.981 History
History: 2005 a. 292.
440.982(1)(1) No person may engage in the practice of midwifery unless the person is granted a license under this subchapter, is granted a temporary permit pursuant to a rule promulgated under
s. 440.984 (2m), or is licensed as a nurse-midwife under
s. 441.15.
440.982(1m)
(1m) Except as provided in
sub. (2), the department may grant a license to a person under this subchapter if all of the following apply:
440.982(1m)(a)
(a) The person submits an application for the license to the department on a form provided by the department.
440.982(1m)(c)
(c) The person submits evidence satisfactory to the department of one of the following:
440.982(1m)(c)1.
1. The person holds a valid certified professional midwife credential granted by the North American Registry of Midwives or a successor organization.
440.982(1m)(c)2.
2. The person holds a valid certified nurse-midwife credential granted by the American College of Nurse Midwives or a successor organization.
440.982(2)
(2) The department may not grant a license under this subchapter to any person who has been convicted of an offense under
s. 940.22,
940.225,
944.06,
944.15,
944.17,
944.30,
944.31,
944.32,
944.33,
944.34,
948.02,
948.025,
948.06,
948.07,
948.075,
948.08,
948.09,
948.095,
948.10,
948.11, or
948.12.
440.982 History
History: 2005 a. 292.
440.983
440.983
Renewal of licensure. 440.983(1)
(1) The renewal date for licenses granted under this subchapter is specified in
s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee specified in
s. 440.08 (2) (a).
440.983(2)
(2) A licensed midwife shall, at the time that he or she applies for renewal of a license under
sub. (1), submit proof satisfactory to the department that he or she holds a valid certified professional midwife credential from the North American Registry of Midwives or a successor organization or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization.
440.983 History
History: 2005 a. 292.
440.984(1)(1) The department shall promulgate rules necessary to administer this subchapter. Except as provided in
subs. (2),
(2m), and
(3), any rules regarding the practice of midwifery shall be consistent with standards regarding the practice of midwifery established by the National Association of Certified Professional Midwives or a successor organization.
