Wisconsin Administrative Code

SPS 2.13 Discovery. The person prosecuting the complaint and the respondent may, prior to the date set for hearing, obtain discovery by use of the methods described in ch. 804, Stats., for the purposes set forth therein. Protective orders, including orders to terminate or limit e…

SPS 2.14 Default. If the respondent fails to answer as required by s. SPS 2.09 or fails to appear at the hearing at the time fixed therefor, the respondent is in default and the disciplinary authority may make findings and enter an order on the basis of the complaint and other ev…

SPS 2.15 Conduct of hearing. (1) PRESIDING OFFICER. The hearing shall be presided over by a member of the disciplinary authority or an administrative law judge designated pursuant to s. SPS 2.10. (2) RECORD. A stenographic, electronic or other record shall be made of all hearings…

SPS 2.16 Witness fees and costs. Witnesses subpoenaed at the request of the division or the disciplinary authority shall be entitled to compensation from the state for attendance and travel as provided in ch. 885, Stats. History: Cr. Register, October, 1978, No. 274, eff. 11-1-78…

SPS 2.17 Transcription fees. (1) The fee charged for a transcript of a proceeding under this chapter shall be computed by the person or reporting service preparing the transcript on the following basis: (a) If the transcript is prepared by a reporting service, the fee charged for…

SPS 2.18 Assessment of costs. (1) The proposed decision of an administrative law judge following hearing shall include a recommendation whether all or part of the costs of the proceeding shall be assessed against the respondent. (2) If a respondent objects to the recommendation o…

SPS 2.20 Extension of time limits in disciplinary actions against physicians. (1) AUTHORITY AND PURPOSE. The rules in this section are adopted under the authority of ss. 15.08 (5) (b), 227.11 (2) and 448.02 (3) (cm), Stats., to govern the extension of time limits in disciplinary …

SPS 200.01 Authority. The rules in chs. SPS 200, 201, 203, and 204 are adopted by the department in consultation with the sign language interpreters advisory committee pursuant to s. 440.032 (4m), (5m), and (7) (b), Stats.

SPS 200.02 Definitions. As used in chs. SPS 200, 201, 203, and 204: (1) XAdvocateY means an individual who provides assistance to an individual who is deaf, deaf-blind, or hard of hearing and may provide counsel, personal opinions, advice, and assist an individual in making perso…

SPS 201.01 Unprofessional conduct is prohibited. Unprofessional conduct includes any of the following: (1) Conduct in the practice of sign language interpretation which evidences a lack of knowledge or ability to apply professional principles or skills. (2) Failing to notify the …

SPS 203.01 Definitions. In this chapter: (1) XAcute mental health crisisY means any situation in which a individual[s behavior puts them at risk of hurting themselves or others or prevents them from being able to care for themselves or to function effectively in the community. (2…

SPS 203.02 Provision of services in a medical setting. Only individuals who meet one of the following criteria may provide sign language interpretation services in a medical setting: SPS 203.04 SPS 203.05 Provision of services via video relay services or video remote interpreting…

SPS 203.03 Provision of services in a mental health treatment setting. This section only applies to applications for licensure received on or after September 1, 2023. (1) Individuals who hold an active qualified equivalency from the Alabama Department of Deaf Services may provide…

SPS 203.04 Provision of services via video relay services or video remote interpreting. (1) A Wisconsin interpreter licensee is required to provide interpreting services via video remote interpreting under all circumstances where the licensee or the client resides in the state. (…

SPS 203.05 Maintenance of qualified mental health interpreter status. This section only applies to renewal applications for licensure received on or after September 1, 2023. An individual recognized as an interpreter qualified to provide services within a mental health treatment …

SPS 204.01 Identification card required. Interpreters licensed by the department must carry an identification card as identified under s. 440.032 (5m), Stats., at all times while providing sign language interpretation services to clients for compensation and must be shown by the …

SPS 204.02 Content and format. The identification card referenced in s. SPS 204.01 shall include all the following information: (1) The interpreter[s full name. (2) The interpreter[s licensure category, and whether the interpreter is qualified under ch. SPS 203 to interpret in a …

SPS 204.03 Identification card renewal. The identification card shall be provided with an approved license by the department and be valid until the license expires. An identification card is reissued at renewal and when any personal information or licensure categories listed on t…

SPS 210.01 Authority. The rules in this chapter are adopted pursuant to the authority delegated by ss. 227.11 (2) (a), 227.11 (2) (b), 440.415 (1) (a), and 440.415 (2) (a), Stats. History: EmR1518: emerg. cr., eff. 4-1-16; CR 15-071: cr. Register March 2016 No. 723, eff. 4-1-16.

SPS 210.20 Definitions. In this chapter: (1) XDepartmentY means the department of safety and professional services. (2) XLicensed companyY has the meaning given in s. 440.40 (2), Stats. (3) XParticipating driverY has the meaning given in s. 440.40 (3), Stats. (4) XTransportation …

SPS 210.30 License required. (1) TRANSPORTATION NETWORK COMPANY. As provided under s. 440.41 (1), Stats., no person may operate a transportation network company unless the transportation network company is licensed by the department. (2) INITIAL LICENSE. The department shall gran…

SPS 210.40 Disciplinary proceedings and actions. (1) INVESTIGATIONS AND HEARINGS. Subject to the rules promulgated under s. 440.03 (1), Stats., the department may conduct investigations and hold hearings to determine whether a violation of subchapter IV of Chapter 440, Stats., or…

SPS 220.01 Authority and purpose. This chapter is promulgated under the authority of s. 463.25 (2) (b) and (12), Stats., to regulate the use of tanning devices in the interests of helping prevent injury and skin cancer caused or promoted by ultraviolet radiation emitted by tannin…

SPS 220.02 Applicability. This chapter applies to all persons who possess or operate tanning devices available to the public for the purpose of artificial light skin tanning, including those offered for use as part of a membership or premium offer in a health club, condominium ow…

SPS 220.03 Definitions. In this chapter: (1) XApplicantY means any person who applies to the department for a permit to operate a tanning facility. (2) XCustomerY means any member of the public who is provided access to a tanning device in exchange for a fee or other compensation…

SPS 220.04 Permit requirements. No person may operate a tanning facility without a permit issued by the department. Applicants for a permit and permit holders shall comply with all of the following conditions: (1) Application for a permit shall be submitted annually on a form pro…

SPS 220.045 Permit expiration. Permits issued by the department shall expire annually on June 30.

SPS 220.05 Advertising. (1) No tanning facility may state in any advertising, written or verbal, that the tanning facility holds a license or permit issued by the department to operate the tanning facility. (2) No tanning facility may state in any advertising, written or verbal, …

SPS 220.06 Public information. (1) NOTICE. A tanning facility shall give written notice to each customer, before the customer uses a tanning device, of all of the following: (a) Failure to wear protective eyewear provided by the tanning facility may result in damage to the custom…

SPS 220.07 Warning sign. (1) LOCATION AND CONTENT. Tanning facilities shall prominently display a warning sign in each area where a tanning device is used. A sign shall be located within one meter of each device. The sign shall be readily legible, clearly visible and not obstruct…

SPS 220.08 Lamp replacement. (1) A tanning facility shall post a sign in each area where a tanning device is used which states the date at which tubes, bulbs or lamps in that tanning device were replaced. The tanning facility shall maintain a record of the dates on which the tube…

SPS 220.09 Liability. A tanning facility[s compliance with ss. SPS 220.06 and 220.07 does not relieve the owner or any employee of the tanning facility from liability for an injury sustained by a customer from use of a tanning device. History: Cr. Register, June, 1993, No. 450, e…

SPS 220.10 Duties of the owner. The owner of a tanning facility shall ensure that all of the following requirements are fulfilled: (1) No customer under 16 years of age may be permitted to use a tanning device. (2) During operating hours there shall be present at the tanning faci…

SPS 220.11 Reports of injury. (1) If a person requires medical attention due to use of a tanning device, the permit holder or operator of the facility shall report that injury to the department in writing and send a copy of the report to the injured person. The permit holder of t…

SPS 220.12 Denial, suspension or revocation of permit. The department may deny issuance of a permit or suspend or revoke a permit issued under s. SPS 220.04 if the applicant or permit holder does not comply with or violates s. 463.25, Stats., or any provision of this chapter or i…

SPS 221.01 Authority and purpose. This chapter is promulgated under the authority of ss. 463.10 (4), 463.12 (4) and 463.16 (9), Stats., for the purpose of regulating tattooists, tattoo establishments, body piercers, and body-piercing establishments in order to protect public heal…

SPS 221.02 Scope. (1) APPLICABILITY. This chapter applies to all tattooists, body piercers, tattoo establishments, and body-piercing establishments. (2) APPROVED COMPARABLE COMPLIANCE. When it appears to the department that strict adherence to a provision of this chapter is impra…

SPS 221.03 Definitions. In this chapter: (1) XAgentY means a local health department serving a population greater than 5,000 which is designated by the department under a written agreement authorized by s. 463.16 (1), Stats., to issue licenses to and make investigations or inspec…

SPS 221.04 Licenses. (1) LICENSE REQUIRED. (a) Establishments. 1. No person may operate an establishment until the person has obtained a license from the department or its agent by submitting an application under sub. (3) and paying the applicable fee specified under s. SPS 221.0…

SPS 221.05 Department fees. (1) FEE SCHEDULES. The fees listed in Table SPS 221.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table SPS 221.05 B shall apply to licenses issued on or after April 1, 2011. Note: Local health depart…

SPS 221.065 Level III local health department. A level III local health department shall do all of the following: (1) Conduct inspections and investigations, issue licenses and enforce the department[s rules, ch. SPS 221, promulgated under ss. 463.10 (4) and 463.12 (4), Stats., f…

SPS 221.07 Suspension or revocation of license. The department may, after a hearing under s. SPS 221.08, suspend or revoke a license for violation of s. 463.10 or 463.12, Stats., this chapter, or an order issued by the department. The suspension or revocation order shall take eff…

SPS 221.08 Appeals of actions by the department. (1) (a) Except as specified under sub. (2) or (3), a request for a hearing to contest denial of a license, a voided license, suspension, revocation, forfeiture, or order given under s. SPS 221.06 (1) (b) 4. or (2), shall be submitt…

SPS 221.09 Appeals of actions by agent health departments. If an agent issues licenses directly under s. 463.16, Stats., the agent shall create enforcement and appeal procedures in accordance with s. 66.0417, Stats., which shall supersede enforcement and appeal procedures under s…

SPS 221.10 Patrons. (1) LIMITATIONS. (a) Consent. A tattooist or body piercer may not tattoo or body pierce a patron without first obtaining the signed, informed consent of the person on a form approved by the department. (b) Minors. 1. No person under 16 years of age may be body…

SPS 221.11 Physical facilities and environment. (1) FLOORS. Floors in the area where tattoo or body-piercing the chapter was last published. SPS 221.11 WISCONSIN ADMINISTRATIVE CODE procedures are performed shall be constructed of smooth, durable and non-porous material and shall…

SPS 221.12 Personnel. (1) ABSENCE OF SKIN CONDITION. No tattooist or body piercer with an exposed rash, skin lesion or boil may engage in the practice of tattooing or body piercing. (2) RESTRICTION. No tattooist or body piercer may work while under the influence of alcohol or a m…

SPS 221.13 Equipment. (1) All surfaces, counters and general-use equipment in the tattoo or body-piercing area shall be cleaned and disinfected before a patron is seated. (2) All inks and pigments shall be obtained from sources generally recognized as safe. Information indicating…

SPS 221.14 Cleaning and sterilization. (1) CLEAN(a) After each use, tattooing and body-piercing equipment shall be cleaned to remove blood and tissue residue before sterilization. (b) Reusable needles, tubes and body-piercing equipment shall be placed in a covered stainless steel…

SPS 221.15 Preparation and care of site. (1) PREPARATION BY PRACTITIONER. Before beginning a procedure, the tattooist or body piercer shall clean the skin area for the tattooing or piercing and then prepare it with an antiseptic. The solution shall be applied with cotton, gauze o…