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)(bm)
(bm) Upon a request by the real estate examining board, the department may conduct an investigation to determine whether an individual seeking a determination by the real estate examining board under the rules promulgated under
s. 452.07 (2) has an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an individual to provide any information that is necessary for the investigation.
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, an applicant for a juvenile martial arts instructor permit under
sub. (17), an applicant for a real estate appraiser certification under
s. 458.06 or license under
s. 458.08, 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, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under
s. 458.06 or license under
s. 458.08, 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 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 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 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 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 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.
SPS 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(17)(a)1.b.
b. A person who has been convicted of a violation of
s. 940.01 or a violation of the law of another state or the United States that would be a violation of
s. 940.01 if committed in this state.
440.03(17)(a)2.
2. "Martial arts instruction" means instruction in self-defense or combat, but does not include instruction in the use of a firearm, bow and arrow, or crossbow.
440.03(17)(b)
(b) No person may, for a fee, provide martial arts instruction to a minor if the person is a disqualified offender.
440.03(17)(c)
(c) No person may, for a fee, provide martial arts instruction to a minor unless the person has been issued a permit under this subsection.
440.03(17)(d)
(d) Except as provided in
par. (e), the department shall grant a juvenile martial arts instructor permit to a person if the person pays the fee specified in
s. 440.05 (1).
440.03(17)(e)
(e) Pursuant to
s. 440.03 (13) (b), the department shall investigate an applicant for a permit under this subsection. Notwithstanding
ss. 111.321,
111.322, and
111.335, the department may not issue a juvenile martial arts instructor permit to a person who is a disqualified offender and shall revoke a permit issued to a person under this subsection if, after the permit is issued, the person becomes a disqualified offender.
440.03(17)(f)
(f) If a person who holds a permit under this subsection becomes a disqualified offender, the person shall notify the department within 14 days of the date of the conviction.
440.03(17)(g)
(g) The department may conduct periodic audits to determine whether any person who holds a permit under this subsection is a disqualified offender.
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;
2009 a. 28,
130,
276,
282,
355;
2011 a. 32,
146,
160,
190,
255;
2013 a. 20,
36,
124,
244,
288,
358; s. 35.17 correction in sub. (14) (a) 1. b.
440.03 Cross-reference
Cross-reference: See also
SPS, 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.
440.032
440.032
Sign language interpreting. 440.032(1)(a)
(a) "Client" means a deaf or hard of hearing person for whom a person provides interpretation services.
440.032(1)(b)
(b) "Council" means the sign language interpreter council.
440.032(1)(c)
(c) "Support service provider" means an individual who is trained to act as a link between a person who is deaf and blind and the person's environment.
440.032(1)(d)
(d) "Wisconsin interpreting and transliterating assessment" means a program administered by the department of health services to determine and verify the level of competence of communication access services providers who are not certified by the Registry of Interpreters for the Deaf, Inc., or its successor, the National Association of the Deaf or its successor, or other similar nationally recognized certification organization, or a successor program administered by the department of health services.
440.032(2)(a)(a) Except as provided in
pars. (b) and
(c), no person may, for compensation, provide sign language interpretation services for a client unless the person is licensed by the department under
sub. (3).
440.032(2)(b)
(b) No license is required under this subsection for any of the following:
440.032(2)(b)1.
1. A person interpreting in a court proceeding if the person is certified by the supreme court to act as a qualified interpreter in court proceedings under
s. 885.38 (2).
440.032(2)(b)2.
2. A person interpreting at any school or school-sponsored event if the person is licensed by the department of public instruction as an educational interpreter.
440.032(2)(b)3.
3. A person interpreting at a religious service or at a religious function, including educational or social events sponsored by a religious organization. This subdivision does not apply to a person interpreting for a religious organization at a professional service provided or sponsored by the religious organization.
440.032(2)(b)4.
4. A support service provider interpreting for the purpose of facilitating communication between an individual who provides interpretation services and a client of the individual.
440.032(2)(b)5.
5. A person who, in the course of the person's employment, provides interpretation services during an emergency unless the interpretation services are provided during a period that exceeds 24 hours.
440.032(2)(c)1.1. The council may grant a temporary exemption to an individual who is not a resident of this state that authorizes the individual to provide interpretation services for a period not to exceed 20 days, if the individual is certified by the Registry of Interpreters for the Deaf, Inc., or its successor, or the National Association of the Deaf or its successor. The council may not grant an individual more than 2 temporary exemptions under this subdivision per year.
440.032(2)(c)2.
2. The council may grant a temporary or permanent exemption to an individual who is a resident of this state that authorizes the individual to provide interpretation services for a period specified by the council or for persons specified by the council.
440.032(3)(a)1.1. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department, pays the fee determined by the department under
s. 440.03 (9) (a), and submits evidence satisfactory to the department that the applicant has received an associate degree in sign language interpretation or has received a certificate of completion of an education and training program regarding such interpretation, and the applicant has one of the following:
440.032(3)(a)1.a.
a. Any valid certification granted by the Registry of Interpreters for the Deaf, Inc., or its successor.
440.032(3)(a)1.b.
b. A valid certification level 3, 4, or 5 granted by the National Association of the Deaf or its successor.
440.032(3)(a)1.c.
c. Any valid certification granted by any other organization that the department determines is substantially equivalent to a certification specified in
subd. 1. a. or
b.
440.032(3)(a)2.
2. The department shall grant a license as a sign language interpreter to an applicant who submits an application on a form provided by the department and pays the fee determined by the department under
s. 440.03 (9) (a), if the applicant has a certification specified in
subd. 1. a. and if the applicant provides to the department satisfactory evidence of a diagnosis by a physician that the applicant is deaf or hard of hearing.
440.032(3)(a)3.
3. The department shall grant a license as a sign language interpreter to an applicant who has not received an associate degree in sign language interpretation or a certificate of completion of an education and training program regarding such interpretation, but who otherwise satisfies the requirements in
subd. 1. (intro.), if, within 24 months after establishing residency in the state, the applicant provides evidence satisfactory to the department that the applicant holds one of the certifications specified in
subd. 1. a.,
b., or
c., that the applicant obtained the certification prior to establishing residency in the state, and that the applicant held the certification at the time the applicant established residency in the state.
