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
256 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).
Effective date note
NOTE: Sub. (6) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(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 initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for a sanitarian registration is specified under s. 440.08 (2) (a), and the renewal fee for such registration is determined by the department under s. 440.03 (9) (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).
LICENSED MIDWIVES
Subch. XII of ch. 440 Cross-reference
Cross Reference: See also chs.
RL 180,
181,
182, and
183, Wis. adm. code.
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. 256.15, or a person certified as a first responder under
s. 256.15 (8) (a).
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.
440.9805 History
History: 2005 a. 292;
2007 a. 97 s.
185;
2007 a. 130.
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.
Effective date note
NOTE: Par. (b) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(b) The person pays the initial credential fee determined by the department under s. 440.03 (9) (a).
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(1m)(d)
(d) The person submits evidence satisfactory to the department that the person has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
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,
948.051,
948.06,
948.07,
948.075,
948.08,
948.09,
948.095,
948.10,
948.11, or
948.12 or under
s. 940.302 (2) if
s. 940.302 (2) (a) 1. b. applies.
440.982 History
History: 2005 a. 292;
2007 a. 20,
104,
116.
440.982 Cross-reference
Cross Reference: See also ch.
RL 181, Wis. adm. code.
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).
Effective date note
NOTE: Sub. (1) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(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 determined by the department under s. 440.03 (9) (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 of all of the following:
440.983(2)(a)
(a) 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(2)(b)
(b) He or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under
s. 46.03 (38) to provide such instruction.
440.983 History
History: 2005 a. 292;
2007 a. 20,
104.
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.
440.984(2)
(2) The rules shall allow a licensed midwife to administer oxygen during the practice of midwifery.
440.984(2m)
(2m) The rules shall provide for the granting of temporary permits to practice midwifery pending qualification for licensure.
440.984(3)
(3) The rules may allow a midwife to administer, during the practice of midwifery, oxytocin (Pitocin) as a postpartum antihemorrhagic agent, intravenous fluids for stabilization, vitamin K, eye prophylactics, and other drugs or procedures as determined by the department.
440.984(4)
(4) The rules may not do any of the following:
440.984(4)(a)
(a) Require a licensed midwife to have a nursing degree or diploma.
440.984(4)(b)
(b) Require a licensed midwife to practice midwifery under the supervision of, or in collaboration with, another health care provider.
440.984(4)(c)
(c) Require a licensed midwife to enter into an agreement, written or otherwise, with another health care provider.
440.984(4)(d)
(d) Limit the location where a licensed midwife may practice midwifery.
440.984(4)(e)
(e) Permit a licensed midwife to use forceps or vacuum extraction.
440.984 History
History: 2005 a. 292.
440.984 Cross-reference
Cross Reference: See also chs.
RL 180,
181,
182, and
183, Wis. adm. code.
440.985
440.985
Informed consent. A licensed midwife shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and disclose to the client orally and in writing all of the following:
440.985(1)
(1) The licensed midwife's experience and training.
440.985(2)
(2) Whether the licensed midwife has malpractice liability insurance coverage and the policy limits of any such coverage.
440.985(3)
(3) A protocol for medical emergencies, including transportation to a hospital, particular to each client.
440.985(4)
(4) Any other information required by department rule.
440.985 History
History: 2005 a. 292.
440.985 Cross-reference
Cross Reference: See also s.
RL 182.01, Wis. adm. code.
440.986
440.986
Disciplinary proceedings and actions. 440.986(1)(1) Subject to the rules promulgated under
s. 440.03 (1), the department may conduct investigations and hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred.
440.986(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a licensed midwife or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that the applicant or the licensed midwife has done any of the following:
440.986(2)(a)
(a) Intentionally made a material misstatement in an application for a license or for renewal of a license.
440.986(2)(b)
(b) Subject to
ss. 111.321,
111.322, and
111.34, practiced midwifery while his or her ability to engage in the practice was impaired by alcohol or other drugs.
440.986(2)(c)
(c) Advertised in a manner that is false or misleading.
440.986(2)(d)
(d) In the course of the practice of midwifery, made a substantial misrepresentation that was relied upon by a client.
440.986(2)(e)
(e) In the course of the practice of midwifery, engaged in conduct that evidences an inability to apply the principles or skills of midwifery.
440.986(2)(f)
(f) Obtained or attempted to obtain compensation through fraud or deceit.
440.986(2)(g)
(g) Allowed another person to use a license granted under this subchapter.
440.986(2)(h)
(h) Violated any law of this state or federal law that substantially relates to the practice of midwifery, violated this subchapter, or violated any rule promulgated under this subchapter.
440.986(3)
(3) Subject to the rules promulgated under
s. 440.03 (1), the department shall revoke a license granted under this subchapter if the licensed midwife is convicted of any of the offenses specified in 440.982 (2).
440.986 History
History: 2005 a. 292.
440.986 Cross-reference
Cross Reference: See also ch.
RL 183, Wis. adm. code.
440.987
440.987
Advisory committee. If the department appoints an advisory committee under
s. 440.042 to advise the department on matters relating to the regulation of licensed midwives, the committee shall consist of only the following:
440.987(1)
(1) Two members who are licensed midwives.
440.987(2)
(2) One member who is licensed as a nurse-midwife under
s. 441.15 and who practices in an out-of-hospital setting.
440.987(3)
(3) One member who is a physician specializing in obstetrics and gynecology.
440.987(4)
(4) One public member who has received midwifery care in an out-of-hospital setting.
440.987 History
History: 2005 a. 292.
440.988
440.988
Vicarious liability. No health care provider shall be liable for an injury resulting from an act or omission by a licensed midwife, even if the health care provider has consulted with or accepted a referral from the licensed midwife.
440.988 History
History: 2005 a. 292.
