440.26(6)(a)(a) Subject to the rules adopted under
s. 440.03 (1), the department may reprimand the holder of a license or permit issued under this section or revoke, suspend or limit the license or permit of any person who has done any of the following:
440.26(6)(a)1.
1. Been convicted of a misdemeanor or found to have violated any state or local law that is punishable by a forfeiture, subject to
ss. 111.321,
111.322 and
111.335.
440.26(6)(a)2.
2. Engaged in conduct reflecting adversely on his or her professional qualification.
440.26(6)(a)3.
3. Made a false statement in connection with any application for a license or permit under this section.
440.26(6)(a)4.
4. Violated this section or any rule promulgated or order issued under this section.
440.26(6)(b)
(b) Subject to the rules promulgated under
s. 440.03 (1), the department shall revoke the license or permit of any person who has been convicted of a felony in this state or elsewhere and who has not been pardoned for that felony.
440.26(8)
(8) Penalties. Any person, acting as a private detective, investigator or private security person, or who employs any person who solicits, advertises or performs services in this state as a private detective or private security person, or investigator or special investigator, without having procured the license or permit required by this section, may be fined not less than $100 nor more than $500 or imprisoned not less than 3 months nor more than 6 months or both. Any agency having an employee, owner, officer or agent convicted of the above offense may have its agency license revoked or suspended by the department. Any person convicted of the above offense shall be ineligible for a license for one year.
440.26 Cross-reference
Cross-reference: See s.
134.57 for requirement that all settlements made with an employee or fiduciary agent, where the detective is to be paid a percentage of the amount recovered, must be submitted to the circuit court for approval.
440.26 Cross-reference
Cross-reference: See also chs.
RL 30,
31,
32,
33,
34, and
35, Wis. adm. code.
440.26 Annotation
Police officers working as private security persons are subject to the same licensing provisions in this section as are non-police officers. 69 Atty. Gen. 226.
440.26 Annotation
This section does not apply to qualified arson experts or other expert witnesses merely because they may investigate matters relating to their field of expertise.
76 Atty. Gen. 35.
BEHAVIOR ANALYSTS
440.310
440.310
Definitions. In this subchapter:
440.310(1)
(1) "Behavior analyst" means a person who is certified by the Behavior Analyst Certification Board, Inc., as a board-certified behavior analyst and has been granted a license under this subchapter to engage in the practice of behavior analysis.
440.310(2)
(2) "Practice of behavior analysis" means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior, including the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, including interventions based on scientific research and the direct observation and measurement of behavior and environment. "Practice of behavior analysis" does not include psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, marriage counseling, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities.
440.310 History
History: 2009 a. 282.
440.311
440.311
Use of title; penalty. 440.311(1)
(1) No person may use the title "behavior analyst" or represent or imply that he or she is a behavior analyst unless the person is licensed under this subchapter. This section may not be construed to restrict the practice of behavior analysis by a licensed professional who is not a behavior analyst, if the services performed are within the scope of the professional's practice and are performed commensurate with the professional's training and experience, and the professional does not represent that he or she is a behavior analyst.
440.311(2)
(2) Any person who violates
sub. (1) may be fined not more than $250, imprisoned not more than 3 months in the county jail, or both.
440.311 History
History: 2009 a. 282.
440.312(1)(1) Except as provided in
sub. (2), the department shall grant a license as a behavior analyst to a person under this subchapter if all of the following apply:
440.312(1)(a)
(a) The person submits an application to the department on a form provided by the department.
440.312(1)(c)
(c) The person submits evidence satisfactory to the department that the person is a behavior analyst certified by the Behavior Analyst Certification Board, Inc., or its successor organization.
440.312(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,
940.302 (2) (a) 1. b.,
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.
440.312 History
History: 2009 a. 282.
440.313(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 determined by the department under
s. 440.03 (9) (a).
440.313(2)
(2) A behavior analyst shall, at the time that he or she applies for renewal of a license under
sub. (1), submit proof satisfactory to the department that he or she is, at the time he or she applies for renewal, certified by the Behavior Analyst Certification Board, Inc., or its successor organization.
440.313 History
History: 2009 a. 282.
440.314(1)(1) The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under
sub. (2). Except as provided in
subs. (2),
(3), and
(4), any rules regarding the practice of behavior analysis shall be consistent with standards established by the Behavior Analyst Certification Board, Inc., or its successor organization.
440.314 Note
NOTE: There is no s. 440.314 (4). Corrective legislation is pending.
440.314(2)
(2) The department may promulgate rules authorizing the department to issue a temporary permit to a person who is certified by the Behavior Analyst Certification Board, Inc., or its successor organization authorizing the practice of behavior analysis by the person under the supervision of a behavior analyst licensed under
s. 440.312 (1).
440.314 Note
NOTE: Sub. (2) was created as sub. (2) (a) by
2009 Wis. Act 282 and renumbered to sub. (2) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
440.314(3)
(3) The rules may not do any of the following:
440.314(3)(a)
(a) Require an applicant for a license under this subchapter to have education in addition to the education required by the Behavior Analyst Certification Board, Inc., or its successor organization.
440.314(3)(b)
(b) Require a behavior analyst to practice behavior analysis under the supervision of, or in collaboration with, another health care provider.
440.314(3)(c)
(c) Require a behavior analyst to enter into an agreement, written or otherwise, with another health care provider.
440.314(3)(d)
(d) Limit the location where a behavior analyst may practice behavior analysis.
440.314 History
History: 2009 a. 282; 13.92 (1) (bm) 2.
440.315
440.315
Informed consent. A behavior analyst shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and shall disclose to the client orally and in writing all of the following:
440.315(1)
(1) A summary of the behavior analyst's experience and training.
440.315(2)
(2) Any other information required by the department by rule.
440.315 History
History: 2009 a. 282.
440.316
440.316
Disciplinary proceedings and actions. 440.316(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.
440.316(2)
(2) Subject to the rules promulgated under
s. 440.03 (1), the department may reprimand a behavior analyst or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that the applicant or the behavior analyst has done any of the following:
440.316(2)(a)
(a) Intentionally made a material misstatement in an application for a license or for renewal of a license.
440.316(2)(b)
(b) Subject to
ss. 111.321,
111.322, and
111.34, practiced behavior analysis while his or her ability to engage in the practice was impaired by alcohol or other drugs.
440.316(2)(c)
(c) Advertised in a manner that is false or misleading.
440.316(2)(d)
(d) In the course of the practice of behavior analysis, made a substantial misrepresentation that was relied upon by a client.
440.316(2)(e)
(e) In the course of the practice of behavior analysis, engaged in conduct that evidences an inability to apply the principles or skills of behavior analysis.
440.316(2)(f)
(f) Obtained or attempted to obtain compensation through fraud or deceit.
440.316(2)(g)
(g) Allowed another person to use a license granted under this subchapter.
440.316(2)(h)
(h) Violated any law of this state or federal law that substantially relates to the practice of behavior analysis, violated this subchapter, or violated any rule promulgated under this subchapter.
440.316(3)
(3) Subject to the rules promulgated under
s. 440.03 (1), the department shall revoke a license granted under this subchapter if the behavior analyst is convicted of any of the offenses specified in 440.312 (2).
440.316 History
History: 2009 a. 282.
440.317
440.317
Advisory committee. The department may appoint an advisory committee under
s. 440.042 to advise the department on matters relating to the regulation of behavior analysts.
440.317 History
History: 2009 a. 282.
SOLICITATION OF FUNDS FOR CHARITABLE PURPOSES
440.41
440.41
Definitions. In this subchapter:
440.41(1)
(1) "Charitable organization" means any of the following:
440.41(1)(a)
(a) An organization that is described in section
501 (c) (3) of the internal revenue code and that is exempt from taxation under section
501 (a) of the internal revenue code.
440.41(1)(b)
(b) A person who is or purports to be established for a charitable purpose.
440.41(2)
(2) "Charitable purpose" means any of the following:
440.41(2)(a)
(a) A purpose described in section
501 (c) (3) of the internal revenue code.
440.41(2)(b)
(b) A benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other eleemosynary objective.
440.41(3)
(3) "Charitable sales promotion" means an advertising or sales campaign, conducted by a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting, which represents that the purchase or use of goods or services offered will benefit, in whole or in part, a charitable organization or charitable purpose.
440.41(4)
(4) "Commercial coventurer" means a person who is regularly and primarily engaged in trade or commerce for profit other than in connection with soliciting and who conducts a charitable sales promotion.
440.41(5)
(5) "Contribution" means a grant or pledge of money, credit, property or other thing of any kind or value, except used clothing or household goods, to a charitable organization or for a charitable purpose. "Contribution" does not include income from bingo or raffles conducted under
ch. 563, a government grant, or a bona fide fee, due or assessment paid by a member of a charitable organization, except that, if initial membership is conferred solely as consideration for making a grant or pledge of money in response to a solicitation, the grant or pledge of money is a contribution.
440.41(6)
(6) "Fund-raising counsel" means a person who, for compensation, plans, manages, advises, consults or prepares material for, or with respect to, solicitation in this state for a charitable organization, but who does not solicit and who does not employ, engage or provide any person who is paid to solicit contributions. "Fund-raising counsel" does not include an attorney, investment counselor or employee of a financial institution who advises a person to make a contribution or a bona fide employee, volunteer or salaried officer of a charitable organization.
440.41(7)
(7) "Professional fund-raiser" means a person who, for compensation, solicits in this state or employs, engages or provides, directly or indirectly, another person who is paid to solicit in this state. "Professional fund-raiser" does not include an attorney, investment counselor or employee of a financial institution who advises a person to make a charitable contribution, a bona fide employee, volunteer, wholly owned subsidiary or salaried officer of a charitable organization, an employee of a temporary help agency who is placed with a charitable organization or a bona fide employee of a person who employs another person to solicit in this state.
440.41(8)
(8) "Solicit" means to request, directly or indirectly, a contribution and to state or imply that the contribution will be used for a charitable purpose or will benefit a charitable organization.
440.41(9)
(9) "Solicitation" means the act or practice of soliciting, whether or not the person soliciting receives any contribution. "Solicitation" includes any of the following methods of requesting or securing a contribution:
440.41(9)(b)
(b) An announcement to the news media or by radio, television, telephone, telegraph or other transmission of images or information concerning the request for contributions by or for a charitable organization or charitable purpose.
440.41(9)(c)
(c) The distribution or posting of a handbill, written advertisement or other publication which directly or by implication seeks contributions.
440.41(9)(d)
(d) The sale of, or offer or attempt to sell, a membership or an advertisement, advertising space, book, card, tag, coupon, device, magazine, merchandise, subscription, flower, ticket, candy, cookie or other tangible item in connection with any of the following:
440.41(9)(d)1.
1. A request for financial support for a charitable organization or charitable purpose.
440.41(9)(d)2.
2. The use of or reference to the name of a charitable organization as a reason for making a purchase.
440.41(9)(d)3.
3. A statement that all or a part of the proceeds from the sale will be used for a charitable purpose or will benefit a charitable organization.
440.41(10)
(10) "Unpaid solicitor" means a person who solicits in this state and who is not a professional fund-raiser.
440.41 History
History: 1991 a. 278,
315;
1999 a. 9.
