The department may not promulgate rules that impose requirements for granting a license that are in addition to the requirements specified in sub. (3)
After considering the recommendations of the council, the department shall promulgate rules that establish a code of ethics that governs the professional conduct of persons licensed under sub. (3)
. In promulgating rules under this paragraph, the department shall consider including as part or all of the rules part or all of the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor. The department shall periodically review the code of ethics established by the Registry of Interpreters for the Deaf, Inc., or its successor, and, if appropriate, revise the rules promulgated under this paragraph to reflect revisions to that code of ethics.
(8) Disciplinary proceedings and actions.
Subject to the rules promulgated under s. 440.03 (1)
, the department may make investigations and conduct hearings to determine whether a violation of this section or any rule promulgated under this section has occurred and may reprimand a person who is licensed under sub. (3)
or may deny, limit, suspend, or revoke a license granted under sub. (3)
if it finds that the applicant or licensee has violated this section or any rule promulgated under this section.
A person who violates this section or any rule promulgated under this section may be fined not more than $200 or imprisoned for not more than 6 months or both.
History: 2009 a. 360
General duties and powers of examining boards and affiliated credentialing boards. 440.035(1m)
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)
. The department may also make the register available to the public by electronic transmission.
Except as otherwise permitted in chs. 440
, an examining board or affiliated credentialing board attached to the department or an examining board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.
The medical examining board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances, as defined in s. 961.01 (4)
, for persons credentialed by that board who are authorized to prescribe controlled substances.
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, including the reimbursement of board members for actual and necessary expenses, including travel expenses, incurred in the performance of their duties.
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.
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)
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.
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
The relationship between the department, cosmetology examining board, and governor is discussed. 70 Atty. Gen. 172.
Effective date note
This section is amended eff. 12-16-19 by 2015 Wis. Act 116
Effective date text
440.05 Standard fees. The following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c), 447.04 (2) (c) 2., 449.17 (1m) (d), and 449.18 (2) (d):
Initial credential: An amount determined by the department under s. 440.03 (9) (a)
. 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, except that no fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under s. 45.44
Examination: If an examination is required, the applicant shall pay an examination fee to the department. If the department prepares, administers, or grades the examination, the fee to the department shall be an amount equal to the department's best estimate of the actual cost of preparing, administering, or grading the examination. If the department approves an examination prepared, administered, and graded by a test service provider, the fee to the department shall be an amount equal to the department's best estimate of the actual cost of approving the examination, including selecting, evaluating, and reviewing the examination.
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: Except as provided in par. (b)
, the applicable credential renewal fee determined by the department under s. 440.03 (9) (a)
and, if an examination is required, an examination fee under sub. (1)
No reciprocal credential fee is required under this subsection for an individual who seeks an initial reciprocal credential in this state and who is eligible for the veterans fee waiver program under s. 45.44
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.
Expedited service: If an applicant for a credential requests that the department process an application on an expedited basis, the applicant shall pay a service fee that is equal to the department's best estimate of the cost of processing the application on an expedited basis, including the cost of providing counter or other special handling services.
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
; 1997 a. 27
; 1999 a. 9
; 2001 a. 16
; 2003 a. 150
; 2005 a. 25
; 2007 a. 20
; 2011 a. 209
; 2013 a. 20
; 2015 a. 116
See also ch. SPS 4
, Wis. adm. code.
Credit card payments. 440.055(2)
If the department permits the payment of a fee with use of a credit card, 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
; 1999 a. 9
Refunds and reexaminations.
The secretary may establish uniform procedures for refunds of fees paid under s. 440.05
and uniform procedures and fees for reexaminations under chs. 440
See also ch. SPS 4
, Wis. adm. code.
Examination standards and services. 440.07(1)
In addition to the standards specified in chs. 440
, examinations for credentials shall reasonably relate to the skills likely to be needed for an applicant to practice in this state at the time of examination and shall seek to determine the applicant's preparedness to exercise the skills.
The department, examining board or affiliated credentialing board having authority to credential applicants may do any of the following:
Prepare, administer and grade examinations.
Approve, in whole or in part, an examination prepared, administered and graded by a test service provider.
The department may charge a fee to an applicant for a credential who fails an examination required for the credential and requests a review of his or her examination results. The fee shall be based on the cost of the review. No fee may be charged for the review unless the amount of the fee or the procedure for determining the amount of the fee is specified in rules promulgated by the department.
See also ch. SPS 4
, Wis. adm. code.
Department of Regulation and Licensing test scores were subject to disclosure under the open records law. Munroe v. Braatz, 201 Wis. 2d 442
, 549 N.W.2d 452
(Ct. App. 1996), 95-2557
No degree completion requirement to sit for examination. 440.071(1)(1)
Except as provided under sub. (2)
, the department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the department or credentialing board or other board in the department grants or issues.
This section does not apply to an examination for a real estate appraiser certification under s. 458.06
or license under s. 458.08
History: 2013 a. 114
Military service education, training, instruction, or other experience. 440.075(1)
In this section, “instruction" means any education, training, instruction, or other experience related to an occupation or profession.
The department, if the department issues the credential, or the credentialing board, if a credentialing board issues the credential, shall count any relevant instruction that an applicant for an initial credential has obtained in connection with the applicant's military service, as defined in s. 111.32 (12g)
, toward satisfying any instruction requirements for that credential if the applicant demonstrates to the satisfaction of the department or credentialing board that the instruction obtained by the applicant is substantially equivalent to the instruction required for the initial credential.
History: 2011 a. 120
Credential renewal. 440.08(1)
Notice of renewal.
The department shall give a notice of renewal to each holder of a credential at least 30 days prior to the renewal date of the credential. Notice may be mailed to the last address provided to the department by the credential holder or may be given by electronic transmission. Failure to receive a notice of renewal is not a defense in any disciplinary proceeding against the holder or in any proceeding against the holder for practicing without a credential. Failure to receive a notice of renewal does not relieve the holder from the obligation to pay a penalty for late renewal under sub. (3)
(2) Renewal dates, fees and applications. 440.08(2)(a)(a)
Except as provided in par. (b)
and in ss. 440.51, 442.04, 444.03, 444.11, 447.04 (2) (c) 2., 449.17 (1m) (d), 449.18 (2) (d), 463.10, 463.12, and 463.25
, 447.04 (2) (c) 2.
, 449.17 (1m) (d)
, 449.18 (2) (e)
, and 463.25
] and subch. II of ch. 448
, the renewal dates for credentials are as follows:
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
Accountant, certified public: December 15 of each odd-numbered year.
Accounting corporation or partnership: December 15 of each odd-numbered year.
Advanced practice nurse prescriber: October 1 of each even-numbered year.
Aesthetics establishment: April 1 of each odd-numbered year.
Aesthetics school: April 1 of each odd-numbered year.
Aesthetics specialty school: April 1 of each odd-numbered year.
Substance abuse counselor, clinical supervisor, or prevention specialist: except as limited in s. 440.88 (4)
, March 1 of each odd-numbered year.
Anesthesiologist assistant: October 1 of each even-numbered year.