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 (1m),
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;
2013 a. 362.
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) and
(3), 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(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(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;
2011 a. 260 ss.
55,
80.
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.
PEDDLERS
440.51
440.51
Statewide peddler's licenses for ex-soldiers. Any ex-soldier of the United States in any war, who has a 25% disability or more or has a cardiac disability recognized by the U.S. department of veterans affairs, and any person disabled to the extent of the loss of one arm or one leg or more or who has been declared blind as defined under Title XVI of the social security act, shall, upon presenting the department proof of these conditions, be granted a special statewide peddler's license without payment of any fee. The person must have been a bona fide resident of this state for at least 5 years preceding the application. While engaged in such business the person shall physically carry the license and the proof required for its issuance. A blind person shall also carry an identification photograph which is not more than 3 years old. A license issued under this section shall not entitle a blind person to peddle for hire for another person. A license issued under this section is permanent unless suspended or revoked by the department.
BARBERING AND COSMETOLOGY SCHOOLS
440.60
440.60
Definitions. As used in this subchapter unless the context requires otherwise:
440.60(13)
(13) "Practical instruction" means training through action or direct contact with a patron or model other than a mannequin.
440.60(14)
(14) "School" means any facility, other than a specialty school, that offers instruction in barbering, cosmetology, aesthetics, electrology, or manicuring.
440.60(15)
(15) "Specialty school" means an establishment that offers instruction in aesthetics, electrology or manicuring.
440.60(17)
(17) "Theoretical instruction" means training through the study of principles and methods.
440.60 History
History: 1987 a. 265;
2011 a. 190.
440.61
440.61
Applicability. This subchapter does not apply to any of the following:
440.61(1)
(1) Schools regulated or approved by the technical college system board.
440.61(2)
(2) Schools operated by the department of health services or the department of corrections.
440.62
440.62
School and specialty school licensure. 440.62(1)(a)(a) No person may operate a school unless the school holds a current license as a school of barbering, cosmetology, aesthetics, electrology, or manicuring, as appropriate, issued by the department.
440.62(1)(b)
(b) No person may operate a specialty school unless the specialty school holds a current license as a specialty school of aesthetics, electrology or manicuring issued by the department.
440.62(1)(c)
(c) No school may use the title "school of barbering" or any similar title unless the school holds a current school of barbering license issued by the department.
440.62(1)(cm)
(cm) No school may use the title "school of cosmetology" or any similar title unless the school holds a current school of cosmetology license issued by the department.
440.62(1)(d)
(d) No school may use the title "school of aesthetics" or any similar title unless the school holds a current school of aesthetics license issued by the department.
440.62(1)(e)
(e) No school may use the title "school of electrology" or any similar title unless the school holds a current school of electrology license issued by the department.
440.62(1)(f)
(f) No school may use the title "school of manicuring" or any similar title unless the school holds a current school of manicuring license issued by the department.
440.62(1)(g)
(g) No specialty school may use the title "specialty school of aesthetics" or any similar title unless the specialty school holds a current specialty school of aesthetics license issued by the department.
440.62(1)(h)
(h) No specialty school may use the title "specialty school of electrology" or any similar title unless the specialty school holds a current specialty school of electrology license issued by the department.
440.62(1)(i)
(i) No specialty school may use the title "specialty school of manicuring" or any similar title unless the specialty school holds a current specialty school of manicuring license issued by the department.
440.62(2)
(2) Applications; license period; change of ownership. 440.62(2)(a)(a) An application for initial licensure or renewal or reinstatement of a license under this section shall be submitted to the department on a form provided by the department and shall be accompanied by the applicable fee determined by the department under
s. 440.03 (9) (a). Each application shall be accompanied by a surety bond acceptable to the department in the minimum sum of $25,000 for each location.
