440.989 Local regulation.
GENERAL PROVISIONS
440.01(1)(a)
(a) "Department" means the department of regulation and licensing.
440.01(1)(b)
(b) "Grant" means the substantive act of an examining board, section of an examining board, affiliated credentialing board or the department of approving the applicant for credentialing and the preparing, executing, signing or sealing of the credentialing.
440.01(1)(c)
(c) "Issue" means the procedural act of the department of transmitting the credential to the person who is credentialed.
440.01(1)(d)
(d) "Limit", when used in reference to limiting a credential, means to impose conditions and requirements upon the holder of the credential, and to restrict the scope of the holder's practice.
440.01(1)(dm)
(dm) "Renewal date" means the date on which a credential expires and before which it must be renewed for the holder to maintain without interruption the rights, privileges and authority conferred by the credential.
440.01(1)(e)
(e) "Reprimand" means to publicly warn the holder of a credential.
440.01(1)(f)
(f) "Revoke", when used in reference to revoking a credential, means to completely and absolutely terminate the credential and all rights, privileges and authority previously conferred by the credential.
440.01(1)(g)
(g) "Secretary" means the secretary of regulation and licensing.
440.01(1)(h)
(h) "Suspend", when used in reference to suspending a credential, means to completely and absolutely withdraw and withhold for a period of time all rights, privileges and authority previously conferred by the credential.
440.01(2)(a)
(a) "Credential" means a license, permit, or certificate of certification or registration that is issued under
chs. 440 to
480.
440.01(2)(b)
(b) "Credentialing" means the acts of an examining board, section of an examining board, affiliated credentialing board or the department that relate to granting, issuing, denying, limiting, suspending or revoking a credential.
440.01(2)(bm)
(bm) "Credentialing board" means an examining board or an affiliated credentialing board in the department.
440.01(2)(c)
(c) "Examining board" includes the board of nursing.
440.01(2)(d)
(d) "Reciprocal credential" means a credential granted by an examining board, section of an examining board, affiliated credentialing board or the department to an applicant who holds a credential issued by a governmental authority in a jurisdiction outside this state authorizing or qualifying the applicant to perform acts that are substantially the same as those acts authorized by the credential granted by the examining board, section of the examining board, affiliated credentialing board or department.
440.01 Annotation
Procedural due process and the separation of functions in state occupational licensing agencies. 1974 WLR 833.
440.02
440.02
Bonds. Members of the staff of the department who are assigned by the secretary to collect moneys shall be bonded in an amount equal to the total receipts of the department for any month.
440.03
440.03
General duties and powers of the department. 440.03(1)(1) The department may promulgate rules defining uniform procedures to be used by the department, the real estate board, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
440.03(1m)
(1m) The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in
s. 560.41 (2), that is issued under
chs. 440 to
480.
440.03(2)
(2) The department may provide examination development services, consultation and technical assistance to other state agencies, federal agencies, counties, cities, villages, towns, national or regional organizations of state credentialing agencies, similar credentialing agencies in other states, national or regional accrediting associations, and nonprofit organizations. The department may charge a fee sufficient to reimburse the department for the costs of providing such services. In this subsection, "nonprofit organization" means a nonprofit corporation as defined in
s. 181.0103 (17), and an organization exempt from tax under
26 USC 501.
440.03(3)
(3) If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under
s. 15.405 or
15.406.
440.03(3m)
(3m) The department may investigate complaints made against a person who has been issued a credential under
chs. 440 to
480.
440.03(4)
(4) The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of disciplinary proceedings.
440.03(5)
(5) The department may investigate allegations of negligence by physicians licensed to practice medicine and surgery under
ch. 448.
440.03(5m)
(5m) The department shall maintain a toll-free telephone number to receive reports of allegations of unprofessional conduct, negligence or misconduct involving a physician licensed under
subch. II of ch. 448. The department shall publicize the toll-free telephone number and the investigative powers and duties of the department and the medical examining board as widely as possible in the state, including in hospitals, clinics, medical offices and other health care facilities.
440.03(6)
(6) The department shall have access to any information contained in the reports filed with the medical examining board, an affiliated credentialing board attached to the medical examining board and the board of nursing under
s. 655.045, as created by
1985 Wisconsin Act 29, and
s. 655.26.
440.03(7)
(7) The department shall establish the style, content and format of all credentials and of all forms for applying for any credential issued or renewed under
chs. 440 to
480.All forms shall include a place for the information required under
sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.
440.03(7m)
(7m) The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in
chs. 440 to
480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, signed, sworn or made under oath, notwithstanding
ss. 440.26 (2) (b),
440.42 (2) (intro.),
440.91 (2) (intro.),
443.06 (1) (a),
443.10 (2) (a),
445.04 (2),
445.08 (4),
445.095 (1) (a),
448.05 (7),
450.09 (1) (a),
452.10 (1) and
480.08 (2m).
440.03(8)
(8) The department may promulgate rules requiring holders of certain credentials to do any of the following:
440.03(8)(a)
(a) Display the credential in a conspicuous place in the holder's office or place of practice or business, if the holder is not required by statute to do so.
440.03(8)(b)
(b) Post a notice in a conspicuous place in the holder's office or place of practice or business describing the procedures for filing a complaint against the holder.
440.03(9)
(9) The department shall include all of the following with each biennial budget request that it makes under
s. 16.42:
440.03(9)(a)
(a) A recalculation of the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under
chs. 440 to
480 and that are included in the budget request.
440.03(9)(b)
(b) A recommended change to each fee specified under
s. 440.05 (1) for an initial credential for which an examination is not required, under
s. 440.05 (2) for a reciprocal credential and under
s. 440.08 (2) (a) for a credential renewal if the change is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of the recommended change to each fee specified under
s. 440.08 (2) (a) for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations, during the budget period to which the biennial budget request applies, as a result of appropriation transfers that have been or are estimated to be made under
s. 20.165 (1) (i) prior to and during that budget period.
440.03(11)
(11) The department shall cooperate with the department of health and family services to develop a program to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health and family services in the evaluation of community mental health programs in exchange for continuing education credits for the professionals under
ss. 448.40 (2) (e) and
455.065 (5).
440.03(11m)(a)(a) Each application form for a credential issued or renewed under
chs. 440 to
480 shall provide a space for the department to require each of the following, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under
par. (am), to provide his or her social security number:
440.03(11m)(a)1.
1. An applicant for an initial credential or credential renewal. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.
440.03(11m)(am)
(am) If an applicant specified in
par. (a) 1. or
2. is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.
440.03(11m)(b)
(b) The department shall deny an application for an initial credential or deny an application for credential renewal or for reinstatement of an inactive license under
s. 452.12 (6) (e) if any information required under
par. (a) is not included in the application form or, in the case of an applicant who is an individual and who does not have a social security number, if the statement required under
par. (am) is not included with the application form.
440.03(11m)(c)
(c) The department of regulation and licensing may not disclose a social security number obtained under
par. (a) to any person except to the department of workforce development for purposes of administering
s. 49.22 and, for a social security number obtained under
par. (a) 1., the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
440.03(12m)
(12m) The department of regulation and licensing shall cooperate with the departments of justice and health and family services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of regulation and licensing, including whether that credential has been restricted in any way.
440.03(13)
(13) 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, 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 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 charge the applicant any fees, costs or other expenses incurred in conducting the investigation under this subsection.
440.03(14)(a)1.1. The department shall grant a certificate of registration as a music therapist to a person if all of the following apply:
440.03(14)(a)1.a.
a. The person is certified, registered or accredited as a music therapist by the Certification Board for Music Therapists, National Music Therapy Registry, American Music Therapy Association or by another national organization that certifies, registers or accredits music therapists.
440.03(14)(a)1.b.
b. The organization that certified. registered or accredited the person under
subd. 1. a. is approved by the department.
440.03(14)(a)1.c.
c. The person pays the fee specified in
s. 440.05 (1) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under
subd. 1. a.
440.03(14)(a)2.
2. The department shall grant a certificate of registration as an art therapist to a person if all of the following apply:
440.03(14)(a)2.a.
a. The person is certified, registered or accredited as an art therapist by the Art Therapy Credentials Board or by another national organization that certifies, registers or accredits art therapists.
440.03(14)(a)2.b.
b. The organization that certified, registered or accredited the person under
subd.2. a. is approved by the department.
440.03(14)(a)2.c.
c. The person pays the fee specified in
s. 440.05 (1) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under
subd. 2. a.
440.03(14)(a)3.
3. The department shall grant a certificate of registration as a dance therapist to a person if all of the following apply:
440.03(14)(a)3.a.
a. The person is certified, registered or accredited as a dance therapist by the American Dance Therapy Association or by another national organization that certifies, registers or accredits dance therapists.
440.03(14)(a)3.b.
b. The organization that certified, registered or accredited the person under
subd.3. a. is approved by the department.
440.03(14)(a)3.c.
c. The person pays the fee specified in
s. 440.05 (1) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under
subd. 3. a.
440.03(14)(b)
(b) A person who is registered under
par. (a) shall notify the department in writing within 30 days if an organization specified in
par. (a) 1. a.,
2. a. or
3. a. revokes the person's certification, registration or accreditation specified in
par. (a) 1. a.,
2. a. or
3. a. The department shall revoke a certificate of registration granted under
par. (a) if such an organization revokes such a certification, registration or accreditation.
440.03(14)(c)
(c) The renewal dates for certificates granted under
par. (a) are 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) and evidence satisfactory to the department that the person's certification, registration or accreditation specified in
par. (a) 1. a.,
2. a. or
3. a. has not been revoked.
440.03(14)(d)
(d) The department shall promulgate rules that specify the services within the scope of practice of music, art or dance therapy that a person who is registered under
par. (a) is qualified to perform.
440.03(14)(e)
(e) Subject to the rules promulgated under
sub. (1), the department may make investigations and conduct hearings to determine whether a violation of this subsection or any rule promulgated under
par. (d) has occurred and may reprimand a person who is registered under
par. (a) or may deny, limit, suspend or revoke a certificate of registration granted under
par. (a) if it finds that the applicant or certificate holder has violated this subsection or any rule promulgated under
par. (d).
440.03(14)(f)
(f) A person who is registered under
par. (a) who violates this subsection or any rule promulgated under
par. (d) may be fined not more than $200 or imprisoned for not more than 6 months or both.
440.03 History
History: 1977 c. 418 ss.
24,
792;
1979 c. 34,
221,
337;
1981 c. 94;
1985 a. 29,
340;
1989 a. 31,
340;
1991 a. 39;
1993 a. 16,
102,
107,
443,
445,
490,
491;
1995 a. 27 ss.
6472g,
6472j,
9126 (19);
1995 a. 233;
1997 a. 27,
75,
79;
1997 a. 191 ss.
312,
313,
318;
1997 a. 231,
237;
1997 a. 261 ss.
1 to
4,
7,
10,
13;
1997 a. 311;
1999 a. 9,
32.
440.035
440.035
General duties of examining boards and affiliated credentialing boards. Each examining board or affiliated credentialing board attached to the department or an examining board shall:
440.035(1)
(1) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.
440.035(2)
(2) 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.
440.035(3)
(3) Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.
440.035(4)
(4) 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.
440.04
440.04
Duties of the secretary. The secretary shall:
440.04(1)
(1) 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.
440.04(2)
(2) 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.
440.04(3)
(3) 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.
440.04(4)
(4) 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.
440.04(5)
(5) With the advice of the examining boards or affiliated credentialing boards:
440.04(5)(a)
(a) Provide the department with such supplies, equipment, office space and meeting facilities as are required for the efficient operation of the department.
