Section 440.03. General duties and powers of the department.

 

(1)  The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

(1m)  The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in s. 227.116 (1g) , that is issued under chs. 440 to 480 .

(2)  The department may provide examination development services, consultation and technical assistance to other state agencies, federal agencies, counties, cities, villages, towns, national or regional organizations of state credentialing agencies, similar credentialing agencies in other states, national or regional accrediting associations, and nonprofit organizations. The department may charge a fee sufficient to reimburse the department for the costs of providing such services. In this subsection, “nonprofit organization" means a nonprofit corporation as defined in s. 181.0103 (17) , and an organization exempt from tax under 26 USC 501 .

(3)  If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under s. 15.405 or 15.406 .

(3m)  The department may investigate complaints made against a person who has been issued a credential under chs. 440 to 480 .

(3q)  Notwithstanding sub. (3m) , the department of safety and professional services shall investigate any report that it receives under s. 146.40 (4r) (em) .

(4)  The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of disciplinary proceedings.

(5)  The department may investigate allegations of negligence by physicians licensed to practice medicine and surgery under ch. 448 .

(5m)  The department shall maintain a toll-free telephone number to receive reports of allegations of unprofessional conduct, negligence or misconduct involving a physician licensed under subch. II of ch. 448 . The department shall publicize the toll-free telephone number and the investigative powers and duties of the department and the medical examining board as widely as possible in the state, including in hospitals, clinics, medical offices and other health care facilities.

(6)  The department shall have access to any information contained in the reports filed with the medical examining board, an affiliated credentialing board attached to the medical examining board and the board of nursing under s. 655.045 , as created by 1985 Wisconsin Act 29 , and s. 655.26 .

(7)  The department shall establish the style, content and format of all credentials and of all forms for applying for any credential issued or renewed under chs. 440 to 480 . All forms shall include a place for the information required under sub. (11m) (a) . Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

(7m)  The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board or an affiliated credentialing board be executed, verified, signed, sworn or made under oath, notwithstanding ss. 440.26 (2) (b) , 440.91 (2) (intro.) , 443.06 (1) (a) , 443.10 (2) (a) , 445.04 (2) , 445.08 (4) , 445.095 (1) (a) , 448.05 (7) , 450.09 (1) (a) , 452.10 (1) and 480.08 (2m) .

(8)  The department may promulgate rules requiring holders of certain credentials to do any of the following:

(a) Display the credential in a conspicuous place in the holder's office or place of practice or business, if the holder is not required by statute to do so.

(b) Post a notice in a conspicuous place in the holder's office or place of practice or business describing the procedures for filing a complaint against the holder.

(9)  

(a) Subject to pars. (b) and (c) , the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal by doing all of the following:

1. Recalculating the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under chs. 440 to 480 .

2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a) , for a credential renewal, if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential or credential renewal is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.

(b) The department may not recommend an initial credential fee that exceeds the amount of the fee that the department recommends for a renewal of the same credential, if no examination is required for the initial credential.

(c) The cemetery board may by rule impose a fee in addition to the renewal fee determined by the department under this subsection for renewal of a license granted under s. 440.91 (1) .

(d) Not later than 14 days after completing proposed fee adjustments under par. (a) , the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments until the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department shall notify credential holders of the fee adjustments by posting the fee adjustments on the department's Internet Web site and in credential renewal notices sent to affected credential holders under s. 440.08 (1) .

(11)  The department shall cooperate with the department of health services to develop a program to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health services in the evaluation of community mental health programs in exchange for continuing education credits for the professionals under ss. 448.40 (2) (e) and 455.065 (5) .

(11m)  

(a) Each application form for a credential issued or renewed under chs. 440 to 480 shall provide a space for the department to require an applicant for the initial credential or credential renewal, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under par. (am) , to provide his or her social security number. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

(am) If an applicant specified in par. (a) is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.

(b) The real estate examining board shall deny an application for an initial credential or deny an application for credential renewal if any information required under par. (a) is not included in the application form or, in the case of an applicant who is an individual and who does not have a social security number, if the statement required under par. (am) is not included with the application form.

(c) The department may not disclose a social security number obtained under par. (a) to any person except for the following:

1. The coordinated licensure information system under s. 441.50 (7) .

2. The coordinated licensure information system under s. 448.980 (8) , if such disclosure is required under the interstate medical licensure compact under s. 448.980 .

3. The department of children and families for purposes of administering s. 49.22 .

4. For a social security number obtained under par. (a) , the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes and the department of workforce development for the purpose of requesting certifications under s. 108.227 .

(12m)  The department of safety and professional services shall cooperate with the departments of justice, children and families, and health services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of safety and professional services, including whether that credential has been restricted in any way.

(13)  

(a) The department may conduct an investigation to determine whether an applicant for a credential issued under chs. 440 to 480 satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements of pars. (b) and (c) .

(am) A person holding a credential under chs. 440 to 480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

(b) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and s. 448.980 (5) (b) 3. :

1. Accountant, certified public.

2. Acupuncturist.

3. Advanced practice nurse prescriber.

4. Aesthetician.

5. Aesthetics instructor.

5m. Substance abuse counselor, clinical supervisor, or prevention specialist.

5r. Anesthesiologist assistant.

6. Appraiser, real estate, certified general.

7. Appraiser, real estate, certified residential.

8. Appraiser, real estate, licensed.

9. Architect.

10. Athletic trainer.

11. Auctioneer.

12. Audiologist.

13. Barber.

14. Barbering instructor.

15. Barbering manager.

15m. Behavior analyst.

16. Boxer.

17. Cemetery preneed seller.

18. Cemetery salesperson.

18g. Chiropractic radiological technician.

18r. Chiropractic technician.

19. Chiropractor.

19e. Cosmetologist.

19m. Cosmetology instructor.

19s. Cosmetology manager.

20. Dental hygienist.

21. Dentist.

22. Designer of engineering systems.

23. Dietitian.

24. Drug distributor.

25. Drug manufacturer.

26. Electrologist.

27. Electrology instructor.

28. Engineer, professional.

30. Funeral director.

31. Hearing instrument specialist.

32. Home inspector.

32m. Juvenile martial arts instructor.

33. Landscape architect.

34. Land surveyor, professional.

35. Manicuring instructor.

36. Manicurist.

37. Marriage and family therapist.

38. Massage therapist or bodywork therapist.

38m. Mobile dentistry program registrant.

39. Music, art, or dance therapist.

40. Nurse, licensed practical.

41. Nurse, registered.

42. Nurse-midwife.

43. Nursing home administrator.

44. Occupational therapist.

45. Occupational therapy assistant.

46. Optometrist.

47. Perfusionist.

48. Pharmacist.

49. Physical therapist.

50. Physical therapist assistant.

51. Physician.

52. Physician assistant.

53. Podiatrist.

54. Private detective.

55. Private practice school psychologist.

56. Private security person.

57. Professional counselor.

59. Professional geologist.

60. Professional hydrologist.

61. Professional soil scientist.

62. Psychologist.

63. Real estate broker.

64. Real estate salesperson.

65. Registered interior designer.

66. Respiratory care practitioner.

66d. Sanitarian.

67. Social worker.

68. Social worker, advanced practice.

69. Social worker, independent.

70. Social worker, independent clinical.

71. Speech-language pathologist.

75. Any other profession or occupation specified by law that is regulated by the department or a credentialing board.

(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.

(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.

(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 . The department shall charge an applicant seeking licensure through the interstate medical licensure compact under s. 448.980 , directly or indirectly, for any expenses incurred in conducting any investigation under s. 448.980 (5) (b) 3.

(14)  

(a)

1. The department shall grant a certificate of registration as a music therapist to a person if all of the following apply:

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.

b. The organization that certified, registered or accredited the person under subd. 1. a. is approved by the department.

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.

2. The department shall grant a certificate of registration as an art therapist to a person if all of the following apply:

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.

b. The organization that certified, registered or accredited the person under subd. 2. a. is approved by the department.

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.

3. The department shall grant a certificate of registration as a dance therapist to a person if all of the following apply:

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.

b. The organization that certified, registered or accredited the person under subd. 3. a. is approved by the department.

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.

(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.

(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.

(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.

(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) .

(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) .

(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.

(15)  The department shall promulgate rules that establish the fees specified in ss. 440.05 (10) and 440.08 (2) (d) .

(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 .

(17)  

(a) In this subsection:

1. “Disqualified offender" means any of the following:

a. A person who is required to comply with the reporting requirements under s. 301.45 (1g) .

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.

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.

(b) No person may, for a fee, provide martial arts instruction to a minor if the person is a disqualified offender.

(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.

(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) .

(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.

(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.

(g) The department may conduct periodic audits to determine whether any person who holds a permit under this subsection is a disqualified offender.

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 ; 2015 a. 55 , 116 ; 2015 a. 197 s. 51 ; 2015 a. 258 ; s. 13.92 (2) (i).

Note

Subd. 2. is repealed eff. 12-16-19 by 2015 Wis. Act 116 . Microsoft Windows NT 6.1.7601 Service Pack 1 Subd. 4. is shown as affected by 2015 Wis. Acts 116 and 258 and as merged by the legislative reference bureau under s. 13.92 (2) (i). Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (b) (intro.) is amended eff. 12-16-19 by 2015 Wis. Act 116 to read: Microsoft Windows NT 6.1.7601 Service Pack 1 (b) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c): Microsoft Windows NT 6.1.7601 Service Pack 1 Subd. 38m. is created by 2013 Wis. Act 244 effective the 1st day of the 3rd month beginning after the legislative reference bureau receives the notice from the dentistry examining board under section 15 (1) of Act 244. Microsoft Windows NT 6.1.7601 Service Pack 1 Par. (d) is amended eff. 12-16-19 by 2015 Wis. Act 116 to read: Microsoft Windows NT 6.1.7601 Service Pack 1 (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. Microsoft Windows NT 6.1.7601 Service Pack 1 Cross-reference: See also chs. SPS 140 , 141 , and 142 , Wis. adm. code. Microsoft Windows NT 6.1.7601 Service Pack 1 Cross-reference: See also SPS , Wis. adm. code. Microsoft Windows NT 6.1.7601 Service Pack 1 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 . Microsoft Windows NT 6.1.7601 Service Pack 1