440.03(13)(b)57m.
57m. Professional employer organization or professional employer group.
440.03(13)(b)75.
75. Any other profession or occupation specified by law that is regulated by the department or a credentialing board.
440.03(13)(c)
(c) The department shall require an applicant for a private detective license or a private security permit under
s. 440.26, and a person for whom the department conducts an investigation under
par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.
440.03(13)(d)
(d) The department shall charge an applicant any fees, costs, or other expenses incurred in conducting any investigation under this subsection or
s. 440.26.
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.
Effective date note
NOTE: Subdpar. c. is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
440.03 Note
c. The person pays the initial credential fee determined by the department under s. 440.03 (9) (a) 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.
Effective date note
NOTE: Subdpar. c. is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
440.03 Note
c. The person pays the initial credential fee determined by the department under s. 440.03 (9) (a) 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.
Effective date note
NOTE: Subdpar. c. is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
440.03 Note
c. The person pays the initial credential fee determined by the department under s. 440.03 (9) (a) 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)(am)
(am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under
par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under
ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under
par. (a) who pays the fee specified in
s. 440.05 (1) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.
Effective date note
NOTE: Par. (am) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(am) The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.
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. If the department revokes the certificate of registration of a person who also holds a license granted under the rules promulgated under
par. (am), the department shall also revoke the license.
440.03(14)(c)
(c) The renewal dates for certificates granted under
par. (a) and licenses granted under
par. (am) 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.
Effective date note
NOTE: Par. (c) is amended eff. 7-1-09 by
2007 Wis. Act 20 to read:
Effective date text
(c) The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) 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 determined by the department under s. 440.03 (9) (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. The rules may not allow a person registered under
par. (a) to perform psychotherapy unless the person is granted a license under the rules promulgated under
par. (am).
440.03 Cross-reference
Cross Reference: See also chs.
RL 140,
141, and
142, Wis. adm. code.
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 holds a license granted under the rules promulgated under
par. (am) or may deny, limit, suspend, or revoke a certificate of registration granted under
par. (a) or a license granted under the rules promulgated under
par. (am) if the department finds that the applicant or certificate or license 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) or holds a license granted under the rules promulgated under
par. (am) 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(16)
(16) Annually, the department shall distribute the form developed by the medical and optometry examining boards under
2001 Wisconsin Act 16, section 9143 (3c), to all school districts and charter schools that offer kindergarten, to be used by pupils to provide evidence of eye examinations under
s. 118.135.
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;
2001 a. 16,
66,
80;
2003 a. 151;
2005 a. 25;
2007 a. 20 ss.
3449 to
3462,
9121 (6) (a);
2007 a. 153,
189.
440.03 Cross-reference
Cross Reference: See also
RL, Wis. adm. code.
440.03 Annotation
Notwithstanding the absence of any state statute limiting eligibility for professional licenses or credentials to persons who are in the country legally, federal law is controlling so that the Department of Regulation and Licensing is prohibited from granting any professional license or credential to an alien who is present in the United States illegally. Because the department is prohibited from issuing professional licenses or credentials to illegal aliens, the department must put in place some procedure practicably designed to reasonably insure that it does not issue licenses or credentials in violation of federal law.
OAG 3-07.
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.
