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.
440.979
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.
REGISTRY OF MASSAGE THERAPISTS AND BODYWORKERS
440.98
440.98
Definitions. In this subchapter:
440.98(2)
(2) "Manual action" includes holding, positioning, rocking, kneading, compressing, decompressing, gliding or percussing the soft tissue of the human body and applying friction to soft tissue.
440.98(3)
(3) "Massage therapist or bodyworker" means a person who engages in massage therapy or bodywork.
440.98(4)(a)
(a) Means the science and healing art that uses manual actions to palpate and manipulate the soft tissue of the human body and includes determining whether massage therapy or bodywork is appropriate or contraindicated, or whether a referral to another health care practitioner is appropriate.
440.98(4)(b)2.
2. Instructing in or prescribing rehabilitative strengthening or conditioning exercises that are within the practice of physical therapy, as defined in
s. 448.50 (4).
440.98(5)
(5) "Registrant" means a person who is issued a license of registration under this subchapter.
440.98 History
History: 1997 a. 156;
1999 a. 32 s.
300.
440.9805
440.9805
Applicability. This subchapter does not apply to a person holding a license, permit, registration or certification granted by this state or the federal government who engages in the practice of massage therapy or bodywork within the scope of his or her license, permit, registration or certification and who does not use any title or description that implies that he or she is registered under this subchapter or represent himself or herself to be registered under this subchapter.
440.9805 History
History: 1997 a. 156;
1999 a. 32 s.
301.
440.981(1)(1) No person may use the title "Wisconsin registered massage therapist and bodyworker", "Wisconsin registered massage therapist", "Wisconsin registered bodyworker", "registered massage therapist and bodyworker", "registered massage therapist", "registered bodyworker", "massage therapist and bodyworker", "massage therapist" or "bodyworker", use any title or description that implies that he or she is registered under this subchapter or represent himself or herself to be registered under this subchapter unless the person has been issued a license of registration as a massage therapist or bodyworker under this subchapter.
440.981(2)
(2) This subchapter does not prohibit a person who is not a registrant from engaging in the practice of massage therapy or bodywork.
440.981 History
History: 1997 a. 156;
1999 a. 32 s.
302.
440.982
440.982
Duties of department. 440.982(1)
(1) The department shall do all of the following:
440.982(1)(a)
(a) Promulgate rules establishing requirements and standards for the practice of massage therapy or bodywork by a registrant, including a code of ethics that governs a registrant's practice of massage therapy or bodywork.
440.982(1)(b)
(b) Promulgate rules establishing the education, training or competency requirements that an applicant for a license must satisfy in order to be issued a license of registration under this subchapter. The rules shall require an applicant to complete at least 500 classroom hours of study in a course of instruction in massage therapy or bodywork approved by the department or at a school approved by the educational approval board under
s. 45.54. The rules shall also require an applicant whose application is received after March 1, 2000, to successfully complete the national certification examination for therapeutic massage and bodywork that is offered by the National Certification Board for Therapeutic Massage and Bodywork or a substantially equivalent examination relating to the practice of massage therapy or bodywork that is approved by the National Commission of Certifying Agencies of the National Organization for Competency Assurance or that is developed, administered or approved by the department. The rules may also require an applicant to pass an examination on state laws and administrative rules governing massage therapy or bodywork.
440.982(1)(c)
(c) Establish and update on at least a bimonthly basis a registry of persons who are issued a license of registration under this subchapter. The department shall make the registry available for public inspection and copying and in any other manner that, as determined by the department, facilitates public access to the registry.
440.982(2)
(2) The department may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license of registration that is issued under this subchapter.
440.983
440.983
Registration requirements. The department shall issue a license of registration as a massage therapist or bodyworker to a person who does all of the following:
440.983(1)
(1) Submits an application for the license to the department on a form provided by the department.
440.983(3)
(3) Subject to
ss. 111.321,
111.322 and
111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.
440.983(4)
(4) Submits evidence satisfactory to the department that he or she satisfies the requirements established in rules promulgated under
s. 440.982 (1) (b).
440.983(5)
(5) Submits evidence satisfactory to the department that he or she has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
440.983 History
History: 1997 a. 156;
1999 a. 32 s.
304.
440.984
440.984
Reciprocal registration. Upon application and payment of the fee specified in
s. 440.05 (2), the department may issue a license of registration as a massage therapist or bodyworker to a person who has been issued a similar license, registration or certificate by another state or territory of the United States or another country if all of the following apply:
440.984(1)
(1) The person is not currently under investigation for a matter related to his or her practice of massage therapy or bodywork in the other state, territory or country.
440.984(2)
(2) The person has never been disciplined for a matter related to his or her practice of massage therapy or bodywork in the other state, territory or country.
440.984(4)
(4) The person is not currently a party in pending litigation in which it is alleged that he or she is liable for damages for acts committed in the course of the practice of massage therapy or bodywork.
440.984(5)
(5) The person has never been found liable for damages for acts committed in the course of the practice of massage therapy or bodywork which evidenced a lack of ability or fitness to practice massage therapy or bodywork.
440.984 History
History: 1997 a. 156;
1999 a. 32 s.
305.
440.985
440.985
Renewal of registration. The renewal dates for licenses of registration issued under this subchapter 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 all of the following:
440.985(2)
(2) Evidence satisfactory to the department that the applicant has completed any continuing education requirements specified in rules promulgated under
s. 440.982 (2).
440.985(3)
(3) Evidence satisfactory to the department that the applicant has in effect malpractice liability insurance coverage in an amount that is not less than $1,000,000 per occurrence and $1,000,000 for all occurrences in one year.
440.985 History
History: 1997 a. 156;
1999 a. 32 s.
306.
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 make investigations and conduct 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 registrant, or may deny, limit, suspend or revoke a license of registration, if an applicant or registrant has done any of the following:
440.986(2)(a)
(a) Made a material misstatement in an application for a license of registration or for renewal of a license of registration.
440.986(2)(b)
(b) Subject to
ss. 111.321,
111.322 and
111.335, been convicted of an offense the circumstances of which substantially relate to the practice of massage therapy or bodywork.
440.986(2)(c)
(c) Been adjudicated mentally incompetent by a court of competent jurisdiction, a certified copy of the record of adjudication of incompetency to be conclusive evidence of such incompetency.
