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.
440.42
440.42
Regulation of charitable organizations. 440.42(1)(1)
Annual registration requirement. 440.42(1)(a)(a) Except as provided in
sub. (5), no charitable organization may solicit in this state or have contributions solicited in this state on its behalf unless it is registered with the department under this subsection.
440.42(1)(b)
(b) The department shall promptly register a charitable organization that does all of the following:
440.42(1)(b)1.
1. Submits to the department an application for registration on a form provided by the department.
440.42(1)(b)2.
2. Submits to the department a registration statement that complies with
sub. (2).
440.42(1)(b)2g.
2g. Submits to the department an annual financial report for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $5,000 but not more than $100,000 during its most recently completed fiscal year.
440.42(1)(b)2r.
2r. Submits to the department an audited financial statement for the most recently completed fiscal year of the charitable organization, if the charitable organization received contributions in excess of $100,000 during its most recently completed fiscal year.
440.42(1)(c)
(c) The department shall issue a certificate of registration to each charitable organization that is registered under this subsection. Renewal applications shall be submitted to the department, on a form provided by the department, on or before the expiration date specified in
s. 440.08 (2) (a) and shall include a registration statement that complies with
sub. (2) and the renewal fee determined by the department under
s. 440.03 (9) (a).
440.42(1)(d)
(d) Within 20 days after receiving an application for registration or for renewal of a registration under this subsection, the department shall notify the charitable organization of any deficiencies in the application, registration statement or fee payment.
440.42(2)
(2) Registration statement. Except as provided in
sub. (3), a registration statement required under
sub. (1) shall be signed and sworn to by 2 authorized officers, including the chief fiscal officer, of the charitable organization and shall include all of the following:
440.42(2)(a)
(a) The name of the charitable organization and the purpose for which it is organized.
440.42(2)(b)
(b) The address and telephone number of the charitable organization and the address and telephone number of any offices in this state or, if the charitable organization does not have an address, the name, address and telephone number of the person having custody of its financial records.
440.42(2)(c)
(c) The names and the addresses of the officers, directors and trustees and the principal salaried employees of the charitable organization.
440.42(2)(f)
(f) A statement of whether the charitable organization is authorized by any other governmental authority to solicit.
440.42(2)(g)
(g) A statement of whether the charitable organization has ever had its authority to solicit denied, suspended, revoked or enjoined by a court or other governmental authority.
440.42(2)(h)
(h) The charitable purpose or purposes for which contributions will be used.
440.42(2)(i)
(i) The name or names under which it intends to solicit.
440.42(2)(j)
(j) The names of the persons within the charitable organization who have final responsibility for the custody of contributions.
440.42(2)(k)
(k) The names of the persons within the charitable organization who are responsible for the final distribution of contributions.
440.42(2)(L)
(L) If the registration statement is submitted to the department with an initial application for registration, all of the following:
440.42(2)(L)1.
1. A copy of the charitable organization's charter, articles of organization, agreement of association, instrument of trust, constitution or other organizational instrument and bylaws.
440.42(2)(L)2.
2. A statement of the place where and the date when the charitable organization was legally established, the form of its organization and whether it has tax-exempt status.
440.42(2)(L)3.
3. Copies of any federal or state tax exemption determination letters received by the charitable organization.
440.42(2)(m)
(m) Any other information required by the department.
440.42(3)
(3) Annual financial report; audit requirement. 440.42(3)(a)(a) Except as provided in
pars. (am),
(b), and
(bm), and in rules promulgated under
sub. (8), a charitable organization that received contributions in excess of $5,000 during its most recently completed fiscal year shall file with the department an annual financial report for the charitable organization's most recently completed fiscal year. The department shall prescribe the form of the report and shall prescribe standards for its completion. The annual financial report shall be filed within 6 months after the end of that fiscal year and shall include all of the following:
440.42(3)(a)2.
2. A statement of support, revenue, expenses and changes in fund balance.
440.42(3)(a)3.
3. A statement of functional expenses that, at a minimum, is divided into categories of management and general, program services and fund-raising.
440.42(3)(a)4.
4. Other financial information that the department requires.
440.42(3)(am)
(am) A charitable organization that operates solely within one community and that received less than $50,000 in contributions during its most recently completed fiscal year may apply to the department for an exemption from the reporting requirement under
par. (a). The department shall promulgate rules specifying the criteria for eligibility for an exemption under this paragraph, and shall grant exemptions from the reporting requirement under
par. (a) to a charitable organization that satisfies those criteria.
