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:
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 s.
440.312 (2).
440.316 History
History: 2009 a. 282;
2015 a. 197 s.
51.
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.
TRANSPORTATION NETWORK COMPANIES
440.40
440.40
Definitions. In this subchapter:
440.40(1)
(1) “Digital network" means any Internet site or online-enabled application, software, or system that permits the prearrangement of transportation network services.
440.40(2)
(2) “Licensed company" means a transportation network company that is licensed under s.
440.415.
440.40(3)
(3) “Participating driver" means an individual who does all of the following:
440.40(3)(a)
(a) Pays a fee to a transportation network company to be connected to a passenger for the purpose of engaging in transportation network services.
440.40(3)(b)
(b) Uses a personal vehicle to engage in transportation network services for compensation.
440.40(4)
(4) “Passenger" means an individual who uses a transportation network company's digital network to connect to a participating driver for transportation network services, and, unless the context requires otherwise, includes all other persons in that individual's party who accompany that individual in the participating driver's personal vehicle in connection with those transportation network services.
440.40(5)
(5) “Personal vehicle" means a motor vehicle that satisfies all of the following conditions:
440.40(5)(a)
(a) A participating driver owns, leases, or is otherwise authorized to use the motor vehicle.
440.40(5)(b)
(b) The motor vehicle is not a taxicab, limousine, shuttle, or other for-hire vehicle or a commercial motor vehicle, as defined in
49 CFR 390.5.
440.40(6)
(6) “Transportation network company" means a business that, for compensation, uses a digital network to connect passengers to participating drivers for the purpose of providing transportation network services to those passengers. “Transportation network company" does not include a taxicab, limousine, shuttle, or other for-hire vehicle service.
440.40(7)
(7) “Transportation network services" means transportation provided to a passenger in the participating driver's personal vehicle. A participating driver is considered to be engaged in transportation network services beginning when the participating driver accepts a passenger's request for transportation received through a transportation network company's digital network, continuing while the participating driver transports that passenger in the participating driver's personal vehicle, and ending when that passenger, or the last person in that passenger's party, whichever occurs later, exits the participating driver's personal vehicle. “Transportation network services" does not include transportation in a taxicab, limousine, shuttle, or other for-hire vehicle.
440.40 History
History: 2015 a. 16.
440.41
440.41
License required. 440.41(1)(1)
No person may operate a transportation network company in this state unless the transportation network company is a licensed company.
440.41(2)
(2) No person may engage in transportation network services in this state unless the person is a participating driver for a licensed company. A licensed company is not considered to control, direct, or manage a participating driver or that participating driver's personal vehicle used for engaging in transportation network services, except as provided in this subchapter or in a written agreement between the licensed company and the participating driver.
440.41 History
History: 2015 a. 16.
440.415
440.415
Licensure of transportation network companies. 440.415(1)(1)
Initial license. The department shall grant a license to operate a transportation network company in this state to an applicant for licensure if the department determines that all of the following requirements are met:
440.415(1)(a)
(a) The applicant submits an application to the department on a form prescribed by the department. The application shall include the applicant's name, address, tax identification number, and any other information required by the department by rule.
440.415(1)(b)
(b) The applicant is a transportation network company.
440.415(2)(a)(a) The renewal date for a license granted under sub.
(1) is specified in s.
440.08 (2) (a) 69m. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.
440.415(2)(b)
(b) The renewal application for a licensed company shall include a renewal fee of $5,000 or the renewal fee determined by the department under s.
440.03 (9) (a), if any, whichever is less.
440.415 History
History: 2015 a. 16.
440.415 Cross-reference
Cross-reference: See also ch.
SPS 210, Wis. adm. code.
440.42
440.42
Agent. Each licensed company shall maintain an agent for service of process in this state.
440.42 History
History: 2015 a. 16.
440.425
440.425
Fare disclosures. Each licensed company shall do all of the following:
440.425(1)
(1) Disclose its fare calculation method on its Internet site.
440.425(2)
(2) Inform each prospective passenger or the prospective passenger's authorized representative of all applicable fare rates.
440.425(3)
(3) Give each prospective passenger or the prospective passenger's authorized representative the option to receive an estimated fare before the passenger enters a participating driver's personal vehicle for transportation network services.
440.425 History
History: 2015 a. 16.
440.43
440.43
Identification of participating drivers. Each licensed company shall make available to each prospective passenger or the prospective passenger's authorized representative, on the licensed company's digital network, a photograph of the participating driver and the license plate number of the participating driver's personal vehicle before the passenger enters the participating driver's personal vehicle for transportation network services.
440.43 History
History: 2015 a. 16.
440.435
440.435
Electronic receipt. Within a reasonable time after transportation network services have been provided, the licensed company facilitating the services shall transmit an electronic receipt for the services to the passenger or the passenger's authorized representative that contains all of the following:
440.435(1)
(1) The origin and destination of the trip.
440.435(2)
(2) The total time and distance of the trip.
440.435(3)
(3) An itemization of the total fare paid, if any.
440.435 History
History: 2015 a. 16.
440.44
440.44
Zero tolerance for use of drugs or alcohol. 440.44(1)(1)
Policy. Each licensed company shall develop, implement, and make available on its Internet site a policy prohibiting any participating driver from using alcohol, or any other intoxicant that may render the participating driver incapable of safely driving, while the participating driver is engaged in transportation network services for the licensed company or is logged on to the licensed company's digital network.
440.44(2)(a)(a) Each licensed company shall develop, implement, and make available on its Internet site, complaint procedures for reports of suspected violations of the policy under sub.
(1).
