440.26(2)(c)1.1. Subject to subds.
2. and
3., the department shall prescribe, by rule, such qualifications as it deems appropriate, with due regard to investigative experience, special professional education and training and other factors bearing on professional competence.
440.26(2)(c)2.
2. An individual who has been convicted in this state or elsewhere of a felony and who has not been pardoned for that felony is not eligible for a license under this section.
440.26(2)(c)3.
3. The department may not issue a license under this section to an individual unless the individual is over 18 years of age.
440.26(2)(c)4.
4. The department, in considering applicants for license, shall seek the advice of the appropriate local law enforcement agency or governmental official, and conduct such further investigation, as it deems proper to determine the competence of the applicant.
440.26(2)(c)5.
5. The department may, based on rules adopted by the department, refuse to issue a license under this section to an individual who has committed any of the acts described in sub.
(6) (a) 1. to
5. 440.26(3)
(3) Issuance of licenses; fees. Upon receipt and examination of an application executed under sub.
(2), and after any investigation that it considers necessary, the department shall, if it determines that the applicant is qualified, grant the proper license upon payment of the initial credential fee determined by the department under s.
440.03 (9) (a). No license shall be issued for a longer period than 2 years, and the license of a private detective shall expire on the renewal date of the license of the private detective agency, even if the license of the private detective has not been in effect for a full 2 years. Renewals of the original licenses issued under this section shall be issued in accordance with renewal forms prescribed by the department and shall be accompanied by the applicable fees specified in s.
440.08 or determined by the department under s.
440.03 (9) (a). The department may not renew a license unless the applicant provides evidence that the applicant has in force at the time of renewal the bond or liability policy specified in this section.
440.26(3m)
(3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in
15 USC 5902 (b) and shall allow all of the following:
440.26(4)
(4) Bonds or liability policies required. No license may be issued under this section until a bond or liability policy, approved by the department, in the amount of $100,000 if the applicant for the license is a private detective agency and includes all principals, partners, members or corporate officers, or in the amount of $2,000 if the applicant is a private detective, has been executed and filed with the department. Such bonds or liability policies shall be furnished by an insurer authorized to do a surety business in this state in a form approved by the department. The person shall maintain the bond or liability policy during the period that the license is in effect.
440.26(4m)(a)
(a)
Definition. In this subsection, “violation" means a violation of any state or local law that is punishable by a forfeiture.
440.26(4m)(b)
(b)
Reporting requirement. A person who holds a license or permit issued under this section and who is convicted of a felony or misdemeanor, or is found to have committed a violation, in this state or elsewhere, shall notify the department in writing of the date, place and nature of the conviction or finding within 48 hours after the entry of the judgment of conviction or the judgment finding that the person committed the violation. Notice may be made by mail and may be proven by showing proof of the date of mailing the notice.
440.26(5)(a)
(a) The requirement that a person acting as a private detective, investigator or special investigator be licensed under this section does not apply to attorneys, law students or law school graduates employed by an attorney or persons directly employed by an attorney or firm of attorneys whose work as private detective, investigator or special investigator is limited to such attorney or firm or to persons directly employed by an insurer or a retail credit rating establishment. A person who accepts employment with more than one law firm shall be subject to the licensing provisions of this section.
440.26(5)(b)
(b) The license requirements of this section do not apply to any person employed directly or indirectly by the state or by a municipality, as defined in s.
345.05 (1) (c), or to any employee of a railroad company under s.
192.47, or to any employee of a commercial establishment, while the person is acting within the scope of his or her employment and whether or not he or she is on the employer's premises.
440.26(5)(c)
(c) An employee of any agency that is licensed as a private detective agency under this section and that is doing business in this state as a supplier of uniformed private security personnel to patrol exclusively on the private property of industrial plants, business establishments, schools, colleges, hospitals, sports stadiums, exhibits and similar activities is exempt from the license requirements of this section while engaged in such employment, if all of the following apply:
440.26(5)(c)2.
2. The private detective agency furnishes an up-to-date written record of its employees to the department. The record shall include the name, residence address, date of birth and a physical description of each employee together with a recent photograph and 2 fingerprint cards bearing a complete set of fingerprints of each employee.
440.26(5)(c)3.
3. The private detective agency notifies the department in writing within 5 days of any change in the information under subd.
2. regarding its employees, including the termination of employment of any person.
440.26(5m)(a)
(a) The department shall issue a private security permit to an individual if all of the following apply:
440.26(5m)(a)1.
1. The individual submits an application for a private security permit to the department on a form provided by the department.
440.26(5m)(a)2.
2. The individual has not been convicted in this state or elsewhere of a felony, unless he or she has been pardoned for that felony.
440.26(5m)(a)3.
3. The individual provides evidence satisfactory to the department that he or she is an employee of a private detective agency described in sub.
(5) (c).
440.26(5m)(am)
(am) The department may refuse to issue a private security permit to a person who has 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(5m)(b)
(b) The renewal dates for permits issued under this subsection are specified under 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).
440.26(5m)(c)
(c) A private security permit issued under this subsection authorizes the holder of the permit to engage in private security activities described in sub.
(5) (c) for an employer described in sub.
(5) (c) anywhere in this state.
440.26(5m)(d)
(d) The department shall maintain a record pertaining to each applicant for a permit under this subsection and each holder of a permit issued under this subsection. The record shall include all information received by the department that is relevant to the approval or denial of the application, the issuance of the permit and any limitations, suspensions or revocations of the permit.
440.26(5r)
(5r) Temporary private security permit. 440.26(5r)(a)(a) The department shall issue a temporary private security permit to an individual at the request of the individual if all of the following apply:
440.26(5r)(a)1.
1. The individual has completed an application and provided information required under sub.
(5m) (a).
440.26(5r)(a)2.
2. The department is not yet able to grant or deny the individual's application because a background check of the individual is not complete.
440.26(5r)(b)1.1. Except as provided in subd.
2., an individual who has been issued a temporary private security permit under par.
(a) may act as a private security person in the same manner as an individual issued a private security permit under sub.
(5m).
440.26(5r)(b)2.
2. An individual may not carry a dangerous weapon while acting as a private security person under a temporary private security permit issued under par.
(a).
440.26(5r)(c)1.1. Except as provided in subd.
2., a temporary private security permit issued under par.
(a) is valid for 30 days.
440.26(5r)(c)2.
2. A temporary private security permit issued under par.
(a) shall expire on the date that the individual receives written notice from the department that a background check of the individual has been completed and that the department is granting or denying the individual's application for a private security permit, if that date occurs before the end of the period specified in subd.
1. 440.26(5r)(c)3.
3. A temporary private security permit issued under par.
(a) may not be renewed.
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)(a)5.
5. Failed to maintain a bond or liability policy as required under sub.
(4).
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.
SPS 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 (1m),
944.31,
944.32,
944.33,
944.34,
948.02,
948.025,
948.051,
948.06,
948.07,
948.075,
948.08,
948.081,
948.09,
948.095,
948.10,
948.11, or
948.12.
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:
