440.032(6m)(c)
(c) The committee shall submit to the secretary, upon request of the secretary not more often than annually, a report on the operation of the committee.
440.032(7)(a)(a) The department may not promulgate rules that impose requirements for granting a license that are in addition to the requirements specified in sub.
(3).
440.032(7)(b)
(b) The department, after receiving advice from the committee, may promulgate rules governing the professional conduct of individuals licensed under sub.
(3). The rules shall incorporate the rules of professional conduct adopted by the National Association of the Deaf, or its successor, and the Registry of Interpreters for the Deaf, or its successor, or a substantially equivalent organization, as determined by the department after receiving advice from the committee.
440.032(7m)
(7m)
Submitting complaints. The department shall facilitate the submission of complaints concerning alleged violations of this section or rules promulgated under this section, including by accepting complaints submitted by mail.
440.032(8)
(8)
Disciplinary proceedings and actions. Subject to the rules promulgated under s.
440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this section or any rule promulgated under this section has occurred and may reprimand a person who is licensed under sub.
(3) or may deny, limit, suspend, or revoke a license granted under sub.
(3) if it finds that the applicant or licensee has violated this section or any rule promulgated under this section.
440.032(9)
(9)
Penalty. A person who violates this section or any rule promulgated under this section may be fined not more than $200 or imprisoned for not more than 6 months or both.
440.032 History
History: 2009 a. 360;
2019 a. 17;
2021 a. 239 ss.
63,
64,
74.
440.032 Cross-reference
Cross-reference: See also chs.
SPS 200 to
202, Wis. adm. code.
440.035
440.035
General duties and powers of examining boards and affiliated credentialing boards. 440.035(1m)(a)
(a) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.
440.035(1m)(b)
(b) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation, or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations, and disciplinary matters affecting persons who are credentialed by the credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the credentialing board or accreditation.
440.035(1m)(c)
(c) Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.
440.035(1m)(d)
(d) Compile and keep current a register of the names and addresses of all persons who are credentialed to be retained by the department and which shall be available for public inspection during the times specified in s.
230.35 (4) (a). The department may also make the register available to the public by electronic transmission.
440.035(1p)
(1p) Notwithstanding chs.
440 to
480, a credentialing board may delegate authority to the department to make determinations regarding whether an applicant satisfies the requirements to be granted a credential and may delegate authority to the department to grant or deny a credential in accordance with that determination.
440.035(1r)
(1r) Notwithstanding chs.
440 and
480 [chs.
440 to
480], after the department submits a completed application for a credential to a credentialing board or the designee of the credentialing board under s.
440.03 (13) (a) 2. a. for which the department recommends approval or approval with limitations and does not recommend further review by the credentialing board or the credentialing board's designee, the application shall be considered to have been approved by the credentialing board in accordance with the department's recommendation on the 10th business day following the date of submission, unless one of the following occurs prior to that date:
440.035 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
440.035(1r)(a)
(a) The credentialing board or the credentialing board's designee approves or denies the credential.
440.035(1r)(b)
(b) The credentialing board or the credentialing board's designee makes a determination that additional time is required to make a determination on the application, not to exceed any deadline established by the department under s.
440.03 (1m).
440.035(1r)(c)
(c) The credentialing board or the credentialing board's designee determines that an applicant must complete an additional examination, if the credentialing board has the authority to require such an examination.
440.035(1r)(d)
(d) The credentialing board makes a request, subject to s.
103.35, for further information from the applicant in order to make a determination on the application.
440.035(2)
(2) Except as otherwise permitted in chs.
440 to
480, a credentialing board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.
440.035(2m)(b)
(b) The medical examining board, the physician assistant affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
440.035(2m)(c)1.1. The medical examining board, the physician assistant affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by November 1 of each year, submit a report to the persons specified in subd.
2. that does all of the following:
440.035(2m)(c)1.a.
a. Details proactive efforts taken by the board to address the issue of opioid abuse. The board shall specify whether the board has required, or otherwise encouraged, continuing education related to prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.
440.035(2m)(c)1.b.
b. Sets goals for addressing the issue of opioid abuse, as that issue pertains to or implicates the practices of the professions regulated by the board.
440.035(2m)(c)1.c.
c. Describes the actions taken by the board so that the goals described in subd.
1. b. that were identified in the board's previous reports under this paragraph can be achieved, whether those goals have been achieved, and, if the goals have not been achieved, the reasons therefor.
440.035(2m)(c)2.a.
a. Any committee, task force, or other body or person designated by the governor.
440.04
440.04
Duties of the secretary. The secretary shall:
440.04(1)
(1) Centralize, at the capital and in such district offices as the operations of the department and the attached examining boards and affiliated credentialing boards require, the routine housekeeping functions required by the department, the examining boards and the affiliated credentialing boards.
440.04(2)
(2) Provide the bookkeeping, payroll, accounting and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached examining boards and affiliated credentialing boards.
440.04(3)
(3) Control the allocation, disbursement, and budgeting of the funds received by the examining boards and affiliated credentialing boards in connection with their credentialing and regulation, including the reimbursement of board members for actual and necessary expenses, including travel expenses, incurred in the performance of their duties.
440.04(4)
(4) Employ, assign and reassign such staff as are required by the department and the attached examining boards and affiliated credentialing boards in the performance of their functions.
440.04(5)
(5) With the advice of the examining boards or affiliated credentialing boards:
440.04(5)(a)
(a) Provide the department with such supplies, equipment, office space and meeting facilities as are required for the efficient operation of the department.
440.04(5)(b)
(b) Make all arrangements for meetings, hearings and examinations.
440.04(5)(c)
(c) Provide such other services as the examining boards or affiliated credentialing boards request.
440.04(6)
(6) Appoint outside the classified service an administrator for any division established in the department and a director for any bureau established in the department as authorized in s.
230.08 (2). The secretary may assign any bureau director appointed in accordance with this subsection to serve concurrently as a bureau director and a division administrator.
440.04(7)
(7) Unless otherwise specified in chs.
440 to
480, provide examination development, administration, research and evaluation services as required.
440.042
440.042
Advisory committees. 440.042(1)(1)
The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards, and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.
440.042(2)
(2) Any person who in good faith testifies before the department or any examining board, affiliated credentialing board or board in the department or otherwise provides the department or any examining board, affiliated credentialing board or board in the department with advice or information on a matter relating to the regulation of a person holding a credential is immune from civil liability for his or her acts or omissions in testifying or otherwise providing such advice or information. The good faith of any person specified in this subsection shall be presumed in any civil action and an allegation that such a person has not acted in good faith must be proven by clear and convincing evidence.
440.043
440.043
Behavioral health review committee. 440.043(1)(1)
The secretary shall appoint an advisory committee under s.
440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s.
440.88 or ch.
457 or for other credentials related to behavioral health.
440.043(2)
(2) The advisory committee shall accept comments from the public related to its review under sub.
(1). Before conducting a review under sub.
(1), the department shall publish a class 1 notice under ch.
985 and shall publish notice on its Internet site announcing the opportunity for public comment.
440.043(3)
(3) The advisory committee established under sub.
(1) may propose changes in statutes and rules to the department; the marriage and family therapy, professional counseling, and social work examining board; or other appropriate credentialing board.
440.043 History
History: 2017 a. 262.
440.045
440.045
Disputes. Any dispute between an examining board or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor's designee after consultation with the disputants.
440.045 History
History: 1977 c. 418 s.
27;
1979 c. 34;
1993 a. 107.
440.045 Annotation
The relationship between the department, cosmetology examining board, and governor is discussed. 70 Atty. Gen. 172.
440.05(1)(a)(a) Initial credential: An amount determined by the department under s.
440.03 (9) (a). Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department, except that no fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under s.
45.44.
440.05(1)(b)
(b) Examination: If an examination is required, the applicant shall pay an examination fee to the department. If the department prepares, administers, or grades the examination, the fee to the department shall be an amount equal to the department's best estimate of the actual cost of preparing, administering, or grading the examination. If the department approves an examination prepared, administered, and graded by a test service provider, the fee to the department shall be an amount equal to the department's best estimate of the actual cost of approving the examination, including selecting, evaluating, and reviewing the examination.
440.05(2)(a)(a) Reciprocal credential, including any credential described in s.
440.01 (2) (d) and any credential that permits temporary practice in this state in whole or in part because the person holds a credential in another jurisdiction: Except as provided in par.
(b), the applicable credential renewal fee determined by the department under s.
440.03 (9) (a) and, if an examination is required, an examination fee under sub.
(1).
440.05(2)(b)
(b) No reciprocal credential fee is required under this subsection for an individual who seeks an initial reciprocal credential in this state and who is eligible for the veterans fee waiver program under s.
45.44.
440.05(6)
(6) Apprentice, journeyman, student or other temporary credential, granted pending completion of education, apprenticeship or examination requirements: $10.
440.05(7)
(7) Replacement of lost credential, name or address change on credential, issuance of duplicate credential or transfer of credential: $10.
440.05(9)
(9) Endorsement of persons who are credentialed to other states: $10.
440.05(10)
(10) Expedited service: If an applicant for a credential requests that the department process an application on an expedited basis, the applicant shall pay a service fee that is equal to the department's best estimate of the cost of processing the application on an expedited basis, including the cost of providing counter or other special handling services.
440.05 History
History: 1977 c. 29,
418;
1979 c. 34;
1979 c. 175 s.
53;
1979 c. 221 s.
2202 (45);
1983 a. 27;
1985 a. 29;
1987 a. 264,
265,
329,
399,
403;
1989 a. 31,
229,
307,
316,
336,
340,
341,
359;
1991 a. 39,
269,
278,
315;
1993 a. 16;
1995 a. 27;
1997 a. 27,
96;
1999 a. 9;
2001 a. 16;
2003 a. 150,
270,
285,
327;
2005 a. 25,
297;
2007 a. 20;
2011 a. 209;
2013 a. 20;
2015 a. 116;
2017 a. 319;
2019 a. 49 ss.
1,
4;
2021 a. 253.
440.05 Cross-reference
Cross-reference: See also ch.
SPS 4, Wis. adm. code.
440.052
440.052
Initial credential fee reduction. 440.052(1)(1)
In this section, “reciprocal credential” means a credential granted by a credentialing board, another board in the department, or the department to an applicant who holds a credential issued by a governmental authority in a jurisdiction outside this state authorizing or qualifying the applicant to perform acts that are substantially the same as those acts authorized by the credential granted by the credentialing board, other board in the department, or department.
440.052(2)
(2) Notwithstanding chs.
440 to
480, an individual applying for an initial credential or for an initial reciprocal credential shall pay a fee for the credential that is equal to 10 percent of the standard fee for that credential if the family income of the individual does not exceed 180 percent of the federal poverty line established under
42 USC 9902 (2).
440.052 History
History: 2017 a. 319.
440.055
440.055
Credit card payments. 440.055(2)(2)
If the department permits the payment of a fee with use of a credit card, the department shall charge a credit card service charge for each transaction. The credit card service charge shall be in addition to the fee that is being paid with the credit card and shall be sufficient to pay the costs to the department for providing this service to persons who request it, including the cost of any services for which the department contracts under sub.
(3).
440.055(3)
(3) The department may contract for services relating to the payment of fees by credit card under this section.
440.055 History
History: 1995 a. 27;
1999 a. 9.
440.06
440.06
Refunds and reexaminations. The secretary may establish uniform procedures for refunds of fees paid under s.
440.05 or
440.08 and uniform procedures and fees for reexaminations under chs.
440 to
480.
440.06 Cross-reference
Cross-reference: See also ch.
SPS 4, Wis. adm. code.
440.07
440.07
Examination standards and services. 440.07(1)(1)
In addition to the standards specified in chs.
440 to
480, examinations for credentials shall reasonably relate to the skills likely to be needed for an applicant to practice in this state at the time of examination and shall seek to determine the applicant's preparedness to exercise the skills.
440.07(2)
(2) The department, examining board or affiliated credentialing board having authority to credential applicants may do any of the following:
440.07(2)(a)
(a) Prepare, administer and grade examinations.
440.07(2)(b)
(b) Approve, in whole or in part, an examination prepared, administered and graded by a test service provider.
