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. History: 2015 a. 16.
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: (1) The origin and destination of the trip. (2) The total time and distance of the trip. (3) An itemization of the total fare paid, if any. History: 2015 a. 16.
440.44 Zero tolerance for use of drugs or alcohol. (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. (2) COMPLAINTS. (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). (b) Upon receipt of a complaint concerning a violation of a licensed company’s policy under sub. (1), the licensed company shall immediately suspend the participating driver and investigate the complaint. The suspension shall continue until the complaint is resolved. (c) Each licensed company shall maintain all records of each investigation under par. (b), including the results of that investigation and any action taken based on that investigation, for at least 2 years after the date the complaint was received by the licensed company. History: 2015 a. 16.
440.445 Certain requirements for participating drivers and their personal vehicles. (1) APPLICATION. Before a licensed company allows an individual to be a participating driver for the licensed company, the licensed company shall do all of the following: (a) Require the individual to submit an application to the licensed company that includes at least all of the following: 1. The individual’s name, address, and age. 2. A copy of the individual’s driver’s license. 3. The individual’s driving history. 4. Proof of motor vehicle registration for each personal vehicle the individual will use to engage in transportation network services through the licensed company. 5. A copy of the individual’s automobile liability insurance policy for each personal vehicle the individual will use to provide transportation network services through the licensed company.
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(b) Conduct, or have a 3rd party conduct, a local and national criminal background check for the individual that includes all of the following: 1. A multistate and multijurisdictional criminal records locator or other similar commercial nationwide database with validation. 2. A national sex offender registry database. (c) Obtain and review a driving history research report for the individual. (2) WHO MAY NOT BE A PARTICIPATING DRIVER. (a) A licensed company may not allow any of the following individuals to be a participating driver for the licensed company: 1. An individual who has had more than 3 moving violations, as defined in s. 343.01 (2) (cg), in the past 3 years, or one conviction in the past 3 years for an offense listed under s. 351.02 (1) (a). 2. An individual who, in the last 7 years, committed an offense that resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1) or was convicted of a sex offense, as defined in s. 301.45 (1d) (b), or of any crime involving fraud, theft, damage to property, violence, acts of terror, or the use of a motor vehicle in the commission of a felony. 3. An individual whose information is contained in the sex offender registry under s. 301.45 or on the National Sex Offender Public Website. 4. An individual who does not possess a valid driver’s license. 5. An individual who does not possess proof of motor vehicle registration for each personal vehicle the individual intends to use to engage in transportation network services. 6. An individual who does not possess proof of automobile liability insurance for each personal vehicle the individual intends to use to engage in transportation network services. 7. An individual who is not at least 19 years of age. (b) A participating driver who is convicted of any moving violation or of any felony or misdemeanor anywhere shall immediately notify the licensed company for which the participating driver engages in transportation network services of the conviction. (3) VEHICLE SAFETY AND EMISSIONS. Each licensed company shall ensure that each motor vehicle a participating driver uses to provide transportation network services for the licensed company is a personal vehicle that satisfies all state vehicle safety and emissions standards for private motor vehicles. (4) NO STREET HAILS. A participating driver may not solicit or accept street hails or otherwise provide rides for compensation that are not prearranged through a transportation network company on the company’s digital network. (5) NO CASH TRIPS. (a) A participating driver may not solicit or accept any cash payment to engage in transportation network services. (b) All passenger payments for transportation network services shall be made electronically using the transportation network company’s digital network. History: 2015 a. 16.
440.45 Nondiscrimination; accessibility. (1) Each licensed company shall adopt a policy of nondiscrimination on the basis of trip origin or destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity with respect to passengers and prospective passengers and notify all of its participating drivers of the nondiscrimination policy. (2) A participating driver may not discriminate against any
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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passenger or prospective passenger on the basis of destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity. (3) Each participating driver shall permit service animals to accompany passengers in connection with transportation network services. (4) A licensed company may not impose additional charges for providing transportation network services to persons with disabilities because of those disabilities. (5) Each licensed company shall provide each prospective passenger an opportunity to indicate whether the passenger requires a wheelchair-accessible vehicle. If a licensed company cannot arrange wheelchair-accessible transportation network services for a prospective passenger who requires wheelchair-accessible services, the licensed company shall refer the prospective passenger to an alternate provider of wheelchair-accessible transportation, if available. History: 2015 a. 16; 2017 a. 364, 366.
440.455 Records. Each licensed company shall do all of the following: (1) Maintain passenger trip records for at least one year from the date of each trip. (2) Maintain all records concerning each participating driver for at least one year after the date on which the participating driver ceases to engage in transportation network services for the licensed company. History: 2015 a. 16.
440.46 Personally identifiable information. A licensed company may not disclose a passenger’s or prospective passenger’s personally identifiable information to any other person, unless any of the following is true: (1) The passenger or prospective passenger consents to the disclosure. (2) The disclosure is required by law. (3) The disclosure is necessary to protect or defend the terms of use of the licensed company’s transportation network services or to investigate a violation of those terms. (4) The disclosure is to the participating driver, is limited to the passenger’s name and telephone number, and is for the sole purpose of facilitating the participating driver’s transportation network services for that passenger. History: 2015 a. 16.
440.465 Limitations on local and other regulation. (1) Section 349.24 does not apply to a transportation network company or to a participating driver engaged in transportation network services or the participating driver’s personal vehicle used for those services. No city, village, town, or county may enact or enforce an ordinance or adopt or enforce a resolution that regulates a transportation network company or its participating drivers and their personal vehicles in connection with transportation network services. (1m) Notwithstanding sub. (1), a city, village, town, or county may do any of the following: (a) To the extent necessary to comply with assurances under 49 USC 47107, impose fees or charges under s. 114.14 (1) for the use of an airport by participating drivers engaged in transportation network services. Any such fees or charges shall be imposed on transportation network companies and may not exceed fees or charges imposed under s. 114.14 (1) for the use of an airport by taxicabs, limousines, shuttles, or other for-hire vehicles. (b) Require a transportation network company to comply with a permit developed by an airport and issued to the transportation network company regarding the manner of operation on airport
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property by participating drivers engaged in transportation network services. A single permit under this paragraph shall be issued to each transportation network company and shall apply to all of the participating drivers for the company. (2) The requirements under chs. 340 to 349 applicable specifically to commercial motor vehicles or for-hire vehicles do not apply to personal vehicles used by participating drivers engaged in transportation network services. (3) The requirements under ss. 342.06 (1) (h) and (3), 342.10 (3) (a), and 342.33 do not apply to personal vehicles used by participating drivers engaged in transportation network services. History: 2015 a. 16.
440.48 Insurance. (1) DRIVER REQUIREMENTS. (a) A participating driver, or a transportation network company on the driver’s behalf, shall maintain primary automobile insurance that does all of the following: 1. Recognizes that the driver is a participating driver, or otherwise uses a motor vehicle to transport passengers for compensation. 2. Covers the participating driver at any of the following times: a. While the driver is logged on to the transportation network company’s digital network. b. While the driver is engaged in transportation network services. (b) The following automobile insurance requirements apply while a participating driver is logged on to the transportation network company’s digital network and is available to receive transportation requests but is not engaged in transportation network services: 1. The insurance is primary automobile liability insurance in the amount of at least $50,000 for death and bodily injury per person, $100,000 for death and bodily injury per incident, and $25,000 for property damage. 2. The insurance provides primary uninsured motorist coverage in accordance with the requirements under s. 632.32 (4) (a) 1. 3. The coverage requirements under this paragraph may be satisfied by any of the following: a. Automobile insurance maintained by the participating driver. b. Automobile insurance maintained by the transportation network company. c. Any combination of insurance specified in subd. 3. a. and b. (c) The following automobile insurance requirements apply while a participating driver is engaged in transportation network services: 1. The insurance is primary automobile liability insurance in the amount of at least $1,000,000 for death, bodily injury, and property damage. 2. The insurance provides primary uninsured motorist coverage in accordance with the requirements under s. 632.32 (4) (a) 1. 3. The coverage requirements under this paragraph may be satisfied by any of the following: a. Automobile insurance maintained by the participating driver. b. Automobile insurance maintained by the transportation network company. c. Any combination of insurance specified in subd. 3. a. and b. (d) If insurance maintained by the participating driver under par. (b) or (c) has lapsed or does not provide the required coverage, insurance maintained by a transportation network company
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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shall provide the coverage required under this subsection beginning with the first dollar of a claim and have the duty to defend the claim. (e) Coverage under an automobile insurance policy maintained by the transportation network company shall not be dependent on a personal automobile insurer first denying a claim nor shall a personal automobile insurance policy be required to first deny a claim. (f) Insurance required under this subsection may be placed with an insurer authorized to do business in this state or with a surplus lines insurer. (g) Insurance satisfying the requirements of this subsection shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under ch. 344. (h) A participating driver shall carry proof of coverage satisfying pars. (b) and (c) with him or her at all times during his or her use of a vehicle in connection with a transportation network company’s digital network. In the event of an accident, a participating driver shall provide this insurance coverage information to the directly interested parties, automobile insurers, and investigating police officers, upon request in accordance with s. 344.62. Upon request, a participating driver shall also disclose to directly interested parties, automobile insurers, and investigating police officers whether he or she was logged on to the transportation network company’s digital network or engaged in transportation network services at the time of the accident. (2) DISCLOSURES REQUIRED REGARDING INSURANCE COVERAGE. A transportation network company shall disclose in writing to participating drivers all of the following before they are allowed to accept a request for transportation network services on the transportation network company’s digital network: (a) The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the participating driver uses a personal vehicle in connection with a transportation network company’s digital network. (b) That the participating driver’s own automobile insurance policy might not provide any coverage while the participating driver is logged on to the transportation network company’s digital network and is available to receive transportation requests or is engaged in transportation network services depending on its terms. (3) INSURER PROVISIONS. (a) Notwithstanding any coverage requirements under s. 632.32, an insurer that writes automobile insurance in this state may exclude any and all coverage afforded under a policy owner’s insurance policy for any loss or injury that occurs while a participating driver is logged on to a transportation network company’s digital network or is engaged in transportation network services. This right to exclude all coverage may apply to any coverage included in a motor vehicle insurance policy, including all of the following: 1. Liability coverage for bodily injury and property damage. 2. Uninsured and underinsured motorist coverage. 3. Medical payments coverage. 4. Comprehensive physical damage coverage. 5. Collision physical damage coverage. (b) 1. Exclusions under par. (a) shall apply notwithstanding any requirement under ch. 344. Nothing in this subsection implies or requires that a personal automobile insurance policy provide coverage while the driver is logged on to the transportation network company’s digital network, while the driver is engaged in transportation network services, or while the driver otherwise uses a vehicle to transport passengers for compensation. 2. Nothing shall be deemed to preclude an insurer from pro-
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viding coverage for the participating driver’s vehicle, if the insurer so chooses to do so by contract or endorsement. (c) 1. Automobile insurers that exclude coverage as permitted in this subsection shall have no duty to defend or indemnify any claim expressly excluded. Nothing in this section shall be deemed to invalidate or limit an exclusion contained in a policy, including any policy in use, or approved for use, in this state before May 3, 2015, that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public. 2. An automobile insurer that defends or indemnifies a claim against a participating driver that is excluded under the terms of its policy as permitted in this subsection shall have a right of contribution against other insurers that provide automobile insurance to the same driver in satisfaction of the coverage requirements of sub. (1) at the time of loss. (d) In a claims coverage investigation, transportation network companies and any insurer potentially providing coverage under sub. (1) shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the participating driver if applicable, including the precise times that a participating driver logged on and off the transportation network company’s digital network in the 12-hour period immediately preceding, and in the 12-hour period immediately following, the accident, and disclose to one another a clear description of the coverage, exclusions, and limits provided under any automobile insurance maintained under sub. (1). (e) If a transportation network company’s insurer covers a claim under a policy’s comprehensive or collision coverage, the insurer shall issue the payment for the claim to either of the following, as directed by the transportation network company: 1. Jointly to the owner of the personal vehicle and the primary lienholder. 2. Directly to the person repairing the personal vehicle in satisfaction of completion of repairs as payment in full. History: 2015 a. 16.
440.49 Disciplinary proceedings and actions. (1) INVESTIGATIONS AND HEARINGS. Subject to the rules promulgated under s. 440.03 (1), the department may conduct investigations and hold hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter or a violation of any other law that substantially relates to the operation of a transportation network company or to transportation network services has occurred. (2) DISCIPLINE. Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensed company or deny, limit, suspend, or revoke a license granted under s. 440.415 if the department finds that an applicant for licensure or a licensed company has done any of the following: (a) Intentionally made a material misstatement in an application for a license or license renewal. (b) Advertised in a manner that is false or misleading. (c) Obtained or attempted to obtain compensation through fraud or deceit. (d) Violated this subchapter or any rule promulgated under this subchapter or violated any other law that substantially relates to the operation of a transportation network company or to transportation network services. (e) Failed to cooperate with the department, or failed to timely respond to a request for information by the department, in connection with an investigation under this section. (3) FORFEITURES. In addition to or in lieu of a reprimand or other action under sub. (2), the department may assess against a
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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licensed company, for the violations enumerated under sub. (2), a forfeiture of not more than $1,000 for each separate offense. History: 2015 a. 16.
440.495 Penalties. Any person who violates this subchapter or any rule promulgated under this subchapter may be fined not more than $1,000. History: 2015 a. 16.
SUBCHAPTER V PEDDLERS; PRIVATE SCHOOLS 440.51 Statewide peddler’s licenses for ex-soldiers. Any ex-soldier of the United States in any war, who has a 25 percent disability or more or has a cardiac disability recognized by the U.S. department of veterans affairs, and any person disabled to the extent of the loss of one arm or one leg or more or who has been declared blind as defined under Title XVI of the social security act, shall, upon presenting the department proof of these conditions, be granted a special statewide peddler’s license without payment of any fee. The person must have been a bona fide resident of this state for at least 5 years preceding the application. While engaged in such business the person shall physically carry the license and the proof required for its issuance. A blind person shall also carry an identification photograph which is not more than 3 years old. A license issued under this section shall not entitle a blind person to peddle for hire for another person. A license issued under this section is permanent unless suspended or revoked by the department. History: 1977 c. 399; 1989 a. 56; 1991 a. 39; 2017 a. 59.
440.52 Private trade, correspondence, business, and technical schools. (1) DEFINITIONS. In this section, unless the context clearly requires otherwise: (b) “Course” means an organized unit of subject matter in which instruction is offered within a given period of time or that covers a specified amount of related subject matter. (c) “Course of instruction” means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective. (d) “Person” means any individual, partnership, association, corporation, or limited liability company, or any combination of these. (e) “School” means any private trade, correspondence, business, or technical school, but does not include any of the following: 1. In-state schools that are exempt from taxation under section 501 of the Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970. 2. Schools that are supported mainly by taxes. 3. Schools of a parochial or denominational character offering courses having a sectarian objective. 4. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective. 5. Courses conducted by employers exclusively for their employees. 6. Schools, courses of instruction, and training programs that are approved or licensed and supervised by other state agencies and boards. 7. Schools approved by the department of public instruction for the training of teachers.
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8. Schools accredited by accrediting agencies recognized by the department. 9. The distance education program of an eligible institution that has been authorized by the distance learning authorization board under s. 39.86 (3) (a) 1. 10. If the distance learning authorization board enters into an agreement under s. 39.86 (2) (a), a postsecondary institution to which all of the following apply: a. The institution does not have its principal campus in this state. b. The jurisdiction in which the institution has its principal campus has joined an agreement, as defined in s. 39.86 (1) (a), of which this state is a member or for which there is reciprocity with the agreement entered into by the distance learning authorization board under s. 39.86 (2) (a). c. The institution has obtained authorization, from the jurisdiction in which the institution has its principal campus, to offer distance education programs to students located beyond the borders of the state where the institution is located. (f) “Solicitor” means a person employed by or representing a school located either within or outside this state that, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in the school. (g) “Teaching location” means the area and facilities designated for use by a school required to be approved by the department under this section. (2) RESPONSIBILITIES. The department shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools. (3) RULE-MAKING POWER. The department shall promulgate rules and establish standards necessary to administer this section. (7) APPROVAL OF SCHOOLS GENERALLY. To protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction, and encourage schools to maintain courses and courses of instruction consistent in quality, content, and length with generally accepted educational standards, the department shall do all of the following: (a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for those courses of instruction. (b) Investigate the adequacy of schools’ facilities, equipment, instructional materials, and instructional programs and establish minimum standards for those facilities, equipment, materials, and programs. (c) Establish rules, standards, and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction. (d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges. (e) Establish minimum standards for refund of the unused portion of tuition, fees, and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from the course. (f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies, and policies concern-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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ing negotiability of promissory instruments received in payment of tuition and other charges. (g) Approve courses of instruction, schools, changes of ownership or control of schools, and teaching locations meeting the requirements and standards established by the department and complying with rules promulgated by the department; publish a list of the schools and courses of instruction approved and a list of the schools that are authorized to use the term “college,” “university,” “state,” or “Wisconsin” in their names; and make those lists of the schools available on the department’s Internet site. (h) Issue permits to solicitors when all department requirements have been met. (i) Require schools to furnish a surety bond in an amount as provided by rule of the department. (8) SOLICITING OF STUDENTS. (a) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor’s permit from the department. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents. (b) Solicitor’s permit. The application for a solicitor’s permit shall be made on a form furnished by the department and shall be accompanied by a fee and a surety bond acceptable to the department in the sum of $2,000. The department shall, by rule, specify the amount of the fee for a solicitor’s permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor made with the student, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval of a permit, the department shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days’ notice in writing to the department and shall be relieved of liability under this paragraph upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the department in the sum of $2,000 if a continuous bond has not been furnished, and such information as the department requests of the applicant. The department shall, by rule, specify the amount of the fee for renewal of a solicitor’s permit. (c) Refusal or revocation of permit. The department may refuse to issue or renew, or may revoke, any solicitor’s permit upon one or any combination of the following grounds: 1. Willful violation of this subsection or any rule promulgated by the department under this section. 2. Furnishing false, misleading, or incomplete information to the department. 3. Presenting information to prospective students relating to the school, a course, or a course of instruction that is false, fraudulent, or misleading. 4. Refusal by the school to be represented to allow reason-
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able inspection or to supply information after written request therefor by the department. 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the department under sub. (7). 6. Cancellation of the solicitor’s bond by surety. 7. Subject to ss. 111.321, 111.322, and 111.335, the applicant has an arrest or conviction record. (d) Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the department. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder. (e) Request for appearance. Within 20 days of the receipt of notice of the department’s refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the department in person, with or without counsel, to present reasons why the permit should be issued, renewed, or reinstated. Upon receipt of a request, the department shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days’ notice of the date, time, and place. (f) Recovery by students. The bond in force under par. (b) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled. (g) Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction if the representative who sold or solicited the course was not the holder of a solicitor’s permit under this subsection at the time of the sale or solicitation. (h) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection. (i) Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both. (10) PROPRIETARY SCHOOL APPROVAL. (a) Authority. All proprietary schools shall be examined and approved by the department before operating in this state. Approval shall be granted to schools meeting the criteria established by the department for a period not to exceed one year. No school may advertise in this state unless approved by the department. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the department considers necessary. If a school closure results in losses to students, parents, or sponsors, the department may authorize the full or partial payment of those losses from the appropriation under s. 20.165 (1) (jt). (b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership, or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction that has been revoked shall be made on a form furnished by the department and shall be accompanied by a fee set by the department under par. (c) and any other information as the department considers necessary to evaluate the school in carrying out the purpose of this section. (c) Fees; rule making. The department shall promulgate rules to establish the fees paid to the department under this subsection.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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In promulgating rules to establish the fees, the department shall do all of the following: 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the department incurs in examining and approving proprietary schools under this subsection. 2. Give consideration to establishing a variable fee structure based on the size of a proprietary school. 3. Specify a fee to accompany all applications under par. (b). 4. Specify a student protection fee. (cm) Limit on student protection fee. The department shall discontinue collecting annual student protection fees under par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000. (d) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a). (e) Penalties. Any person who violates par. (a) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) constitutes a separate offense. (f) Other remedies. In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) may bring a civil action to recover fees paid to the school in violation of par. (a) together with costs and disbursements, including reasonable attorney fees. (11) CLOSED SCHOOLS; PRESERVATION OF RECORDS. (a) In this subsection: 1. “Association” means the Wisconsin Association of Independent Colleges and Universities or a successor organization. 2. Notwithstanding sub. (1) (e), “school” has the meaning given in sub. (1) (e) (intro.) and also includes a school described in sub. (1) (e) 1., 6., 7., or 8. 3. “Student record” means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student’s cumulative grade for the program, and an explanation of the school’s credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8., “student record” means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school. (b) 1. If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the department, if the student records of the school are not taken into possession under subd. 2., and if the department determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department may take possession of those student records. 2. If a school operating in this state that is a member of the association discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the association and if the association determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the
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authorized representatives of those persons, the association shall take possession of those student records. (c) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department or association may seek a court order authorizing the department or association to take possession of those student records. (d) The department or association shall preserve a student record that comes into the possession of the department or association under par. (b) 1. or 2. and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the department is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the department or association shall provide a copy of the student record to the requester. The department or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jv). (12) USE OF CERTAIN TERMS PROHIBITED. (a) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term “college” or “university” in the person’s name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the department, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following: 1. A school that was doing business in this state with the approval of the educational approval board under s. 38.50, 2007 stats., prior to May 27, 2010. 1m. A person described in sub. (1) (e) 1. whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living. 2. A person described in sub. (1) (e) 3. to 7. that was doing business in this state prior to May 27, 2010. (b) No school, including a school described in sub. (1) (e) 1. to 8., may use the term “state” or “Wisconsin” in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph does not apply to a school described in sub. (1) (e) 1. that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the department, or has accreditation recognized by the Council for Higher Education Accreditation. (c) The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) or (b). (d) Any person who violates par. (a) or (b) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) or (b) constitutes a separate offense. (e) In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) or (b) may bring a civil action to recover fees paid to the school, together with costs and disbursements, including reasonable attorney fees. (13) FALSE ACADEMIC CREDENTIALS. (a) In this subsection:
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1. “Academic credential” means a degree, transcript, certificate, or other similar document that indicates the completion of a program, course, or course of instruction leading to, or the earning of academic credit toward, the granting of an associate, baccalaureate, or graduate degree. 2. “Authorized institution of higher education” means an educational institution that meets any of the following requirements: a. Has accreditation recognized by the U.S. secretary of education; has the foreign equivalent of that accreditation, as determined by the department; or has accreditation recognized by the Council for Higher Education Accreditation. b. Is approved by the department to operate in this state. c. Operates in this state and is a school described in sub. (1) (e) 1. to 8. d. Does not operate in this state, but is licensed or otherwise approved by the appropriate state agency of another state and is an active applicant for accreditation by an accrediting body recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation. e. Has been found by the department to meet standards of academic quality comparable to those of an educational institution located in the United States that has accreditation recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation to offer credentials of the type and level claimed. 3. “False academic credential” means an academic credential issued or manufactured by a person that is not an authorized institution of higher education. 4. “Legitimate academic credential” means an academic credential issued by an authorized institution of higher education. (b) Any person who knowingly issues or manufactures a false academic credential is guilty of a Class A misdemeanor. (c) Any person who knowingly uses a false academic credential, or who falsely claims to have a legitimate academic credential, as follows may be required to forfeit not more than $1,000: 1. In any communication to a client or to the general public, in connection with any business, trade, profession, or occupation. 2. For the purpose of obtaining a license or other approval required to practice a trade, profession, or occupation. 3. For the purpose of obtaining admission to an authorized institution of higher education. 4. For the purpose of obtaining an employment position with a state agency or with a political subdivision of the state, including an elective or appointive position, whether compensated or not; of obtaining a promotion, transfer, or reassignment from such a position; or of obtaining an increase in compensation or benefits for such a position. (d) The department may charge a fee for evaluating an educational institution under par. (a) 2. e. in an amount that is sufficient to cover all costs that the department incurs in evaluating the institution. All fees collected by the department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jr). History: 2005 a. 25 ss. 725g, 735c to 735x; Stats. 2005 s. 38.50; 2009 a. 300; 2011 a. 32; 2015 a. 208; 2017 a. 59 ss. 663m to 704m, 1936am to 1936zm; Stats. 2017 s. 440.52. Cross-reference: See also chs. SPS 401, 404, 405, 406, 407, 408, 409, 410, and 411, Wis. adm. code. A Wisconsin corporation offering programs that lead to certification for teachers and other school personnel was not subject to regulation as a trade or technical school. Norda, Inc. v. Wisconsin Educational Approval Board, 2006 WI App 125, 294 Wis. 2d 686, 718 N.W.2d 236, 05-2335.
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SUBCHAPTER VI BARBERING AND COSMETOLOGY SCHOOLS Cross-reference: See also chs. SPS 60, 61, 62, and 65, Wis. adm. code.
440.60 Definitions. As used in this subchapter unless the context requires otherwise: (1) “Aesthetician” has the meaning specified in s. 454.01 (1). (2) “Aesthetics” has the meaning specified in s. 454.01 (2). (4e) “Barber” has the meaning specified in s. 454.20 (1). (4m) “Barbering” has the meaning specified in s. 454.20 (2). (5e) “Cosmetologist” has the meaning specified in s. 454.01 (7e). (5m) “Cosmetology” has the meaning specified in s. 454.01 (7m). (6) “Electrologist” has the meaning specified in s. 454.01 (8). (7) “Electrology” has the meaning specified in s. 454.01 (9). (8) “Establishment” has the meaning specified in s. 454.01 (10). (11) “Manicuring” has the meaning specified in s. 454.01 (13). (12) “Manicurist” has the meaning specified in s. 454.01 (14). (13) “Practical instruction” means training through action or direct contact with a patron or model other than a mannequin. (14) “School” means any facility, other than a specialty school, that offers instruction in barbering, cosmetology, aesthetics, electrology, or manicuring. (15) “Specialty school” means an establishment that offers instruction in aesthetics, electrology or manicuring. (16) “Student” has the meaning specified in s. 454.01 (15). (17) “Theoretical instruction” means training through the study of principles and methods. (18) “Training hour” has the meaning specified in s. 454.01 (16). History: 1987 a. 265; 2011 a. 190; 2017 a. 82.
440.61 Applicability. This subchapter does not apply to any of the following: (1) Schools regulated or approved by the technical college system board. (2) Schools operated by the department of health services or the department of corrections. History: 1987 a. 265; 1989 a. 31, 107; 1993 a. 399; 1995 a. 27 ss. 6587, 9126 (19); 2007 a. 20 s. 9121 (6) (a).
440.62 School and specialty school licensure. (1) LICENSE REQUIRED. (a) No person may operate a school unless the school holds a current license as a school of barbering, cosmetology, aesthetics, electrology, or manicuring, as appropriate, issued by the department. (b) No person may operate a specialty school unless the specialty school holds a current license as a specialty school of aesthetics, electrology or manicuring issued by the department. (c) No school may use the title “school of barbering” or any similar title unless the school holds a current school of barbering license issued by the department. (cm) No school may use the title “school of cosmetology” or any similar title unless the school holds a current school of cosmetology license issued by the department. (d) No school may use the title “school of aesthetics” or any similar title unless the school holds a current school of aesthetics license issued by the department. (e) No school may use the title “school of electrology” or any
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similar title unless the school holds a current school of electrology license issued by the department. (f) No school may use the title “school of manicuring” or any similar title unless the school holds a current school of manicuring license issued by the department. (g) No specialty school may use the title “specialty school of aesthetics” or any similar title unless the specialty school holds a current specialty school of aesthetics license issued by the department. (h) No specialty school may use the title “specialty school of electrology” or any similar title unless the specialty school holds a current specialty school of electrology license issued by the department. (i) No specialty school may use the title “specialty school of manicuring” or any similar title unless the specialty school holds a current specialty school of manicuring license issued by the department. (2) APPLICATIONS; LICENSE PERIOD; CHANGE OF OWNERSHIP. (a) An application for initial licensure or renewal or reinstatement of a license under this section shall be submitted to the department on a form provided by the department and shall be accompanied by the applicable fee determined by the department under s. 440.03 (9) (a). Each application shall be accompanied by a surety bond acceptable to the department in the minimum sum of $25,000 for each location. (b) The department may require additional information to be submitted to accompany or supplement an application if the department determines that the information is necessary to evaluate whether the school or specialty school meets the requirements in this subchapter. (c) The department may require a school or specialty school to submit with an application a current balance sheet and income statement audited and certified by an independent auditor or certified public accountant. If the department receives a request to inspect a balance sheet, income statement or audit report, the department shall, before permitting an inspection, require the person requesting inspection to provide his or her full name and, if the person is representing another person, the full name and address of that person. Within 48 hours after permitting an inspection, the department shall mail to the person who submitted the balance sheet, income statement or audit report a notification that states the full name and address of the person who inspected the document and the full name and address of any person represented by the person who inspected the document. This paragraph does not apply to inspection requests made by state or federal officers, agents or employees which are necessary to the discharge of the duties of their respective offices. (d) Any change of ownership shall be reported to the department by the new owner within 5 days after the change of ownership. A change of ownership shall be submitted to the department on a form provided by the department and shall be accompanied by the change of ownership fee specified by the department by rule. (e) The department shall promulgate rules establishing the requirements for surety bonds under par. (a). (3) SCHOOL LICENSES. (ag) School of barbering. The department shall issue a school of barbering license to each school that meets all of the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in barbering of at least 1,000 training hours. 4. If the school offers a course of theoretical instruction for apprentices under s. 454.26, requires as a prerequisite to completion of the course of instruction for those apprentices the comple-
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tion of at least 288 training hours in not less than 9 weeks and not more than 2 years. 5. Satisfies the requirements for schools of barbering established in rules promulgated under subs. (2) (e) and (5) (b) 2. and s. 440.64 (1) (b). (ar) School of cosmetology license. The department shall issue a school of cosmetology license to each school that meets all of the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in cosmetology of at least 1,550 training hours in not less than 10 months. 4. If the school offers a course of theoretical instruction for apprentices under s. 454.10, requires as a prerequisite to completion of the course of instruction for those apprentices the completion of at least 288 training hours in not less than 9 weeks and not more than 2 years. 4m. If the school offers a course of instruction in barbering, the course of instruction satisfies the requirements under par. (ag) 2. 5. If the school offers a course of instruction in aesthetics, the course of instruction satisfies the requirements under par. (b) 2. 6. If the school offers a course of instruction in electrology, the course of instruction satisfies the requirements under par. (c) 2. 7. If the school offers a course of instruction in manicuring, the course of instruction satisfies the requirements under par. (d) 2. 8. Satisfies the requirements for schools of cosmetology established in rules promulgated under subs. (2) (e) and (5) (b) 1. and s. 440.64 (1) (b). (b) School of aesthetics license. The department shall issue a school of aesthetics license to each school that meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in aesthetics of at least 450 training hours in not less than 11 weeks and not more than 30 weeks. 3. Satisfies the requirements for schools of aesthetics established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b). (c) School of electrology license. The department shall issue a school of electrology license to each school that meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in electrology of at least 450 training hours in not less than 11 weeks and not more than 30 weeks. 3. Satisfies the requirements for schools of electrology established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b). (d) School of manicuring license. The department shall issue a school of manicuring license to each school that meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in manicuring of at least 300 training hours in not less than 7 weeks and not more than 20 weeks. 3. Satisfies the requirements for schools of manicuring established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b). (4) SPECIALTY SCHOOL LICENSES. (a) Specialty school of
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aesthetics license. The department shall issue a specialty school of aesthetics license to each specialty school that meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in aesthetics of at least 450 training hours in not less than 11 weeks and not more than 30 weeks. 3. Satisfies the requirements for specialty schools of aesthetics established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b). (b) Specialty school of electrology license. The department shall issue a specialty school of electrology license to each specialty school that meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in electrology of at least 450 training hours in not less than 11 weeks and not more than 30 weeks. 3. Satisfies the requirements for specialty schools of electrology established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b). (c) Specialty school of manicuring license. The department shall issue a specialty school of manicuring license to each specialty school that meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Requires as a prerequisite to graduation completion of a course of instruction in manicuring of at least 300 training hours in not less than 7 weeks and not more than 20 weeks. 3. Satisfies the requirements for specialty schools of manicuring established in rules promulgated under subs. (2) (e) and (5) (b) and s. 440.64 (1) (b). (5) REQUIREMENTS FOR COURSES OF INSTRUCTION. (a) No specialty school may offer theoretical instruction for apprentices. (b) 1. The cosmetology examining board shall promulgate rules prescribing the subjects required to be included in courses of instruction at schools of cosmetology and specialty schools and establishing minimum standards for courses of instruction and instructional materials and equipment at schools of cosmetology and specialty schools. 2. The department shall promulgate rules prescribing the subjects required to be included in courses of instruction at schools of barbering and establishing minimum standards for courses of instruction and instructional materials and equipment at schools of barbering. History: 1987 a. 265; 1991 a. 39; 2007 a. 20; 2011 a. 190; 2013 a. 205, 356; 2015 a. 195; 2017 a. 82.
440.63 Persons providing practical instruction in schools. (1) INSTRUCTORS. (a) No person may provide practical instruction in barbering unless the person holds a current barber license granted by the department or cosmetologist license granted by the cosmetology examining board. (am) No person may provide practical instruction in cosmetology unless the person holds a current cosmetologist license granted by the cosmetology examining board. (b) No person may provide practical instruction in aesthetics unless the person holds a current aesthetician license or cosmetologist license granted by the cosmetology examining board. (c) No person may provide practical instruction in electrology unless the person holds a current electrologist license granted by the cosmetology examining board. (d) No person may provide practical instruction in manicuring unless the person holds a current manicurist license or cosmetologist license granted by the cosmetology examining board. (1m) USE OF TITLE. (a) No person may use the title “Wis-
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consin certified barbering instructor,” use any title that implies that he or she is a Wisconsin certified barbering instructor, or represent himself of herself to be a Wisconsin certified barbering instructor unless the person is certified as a barbering instructor under this subchapter. (b) No person may use the title “Wisconsin certified cosmetology instructor,” use any title that implies that he or she is a Wisconsin certified cosmetology instructor, or represent himself of herself to be a Wisconsin certified cosmetology instructor unless the person is certified as a cosmetology instructor under this subchapter. (c) No person may use the title “Wisconsin certified aesthetics instructor,” use any title that implies that he or she is a Wisconsin certified aesthetics instructor, or represent himself of herself to be a Wisconsin certified aesthetics instructor unless the person is certified as an aesthetics instructor under this subchapter. (d) No person may use the title “Wisconsin certified electrology instructor,” use any title that implies that he or she is a Wisconsin certified electrology instructor, or represent himself of herself to be a Wisconsin certified electrology instructor unless the person is certified as an electrology instructor under this subchapter. (e) No person may use the title “Wisconsin certified manicuring instructor,” use any title that implies that he or she is a Wisconsin certified manicuring instructor, or represent himself of herself to be a Wisconsin certified manicuring instructor unless the person is certified as a manicuring instructor under this subchapter. (2) APPLICATIONS. An application for certification under this section shall be submitted to the department on a form provided by the department. An application for certification shall include a one-time certification fee determined by the department using the procedures established under s. 440.03 (9) (a), except that no certification fee is required under this section for an individual who is eligible for the veterans fee waiver program under s. 45.44. The department may not require renewal of a certificate issued under this section. (3) INSTRUCTOR CERTIFICATIONS. (a) Barbering instructor certification. The department shall issue a barbering instructor certificate to each person who meets all of the following requirements: 1. Satisfies the conditions in sub. (2). 2. Completes 2,000 hours of practice as a licensed barber or holds a current barbering manager license issued by the department. 3. Completes 150 training hours of instructor training approved by the department. 4. Passes an examination conducted by the department to determine fitness as a barbering instructor. (am) Cosmetology instructor certification. The department shall issue a cosmetology instructor certificate to each person who meets all of the following requirements: 1. Satisfies the conditions in sub. (2). 2. Completes 2,000 hours of practice as a licensed cosmetologist or holds a current cosmetology manager license issued by the cosmetology examining board. 3. Completes 150 training hours of instructor training approved by the department. 4. Passes an examination conducted by the department to determine fitness as a cosmetology instructor. (b) Aesthetics instructor certification. The department shall issue an aesthetics instructor certificate to each person who meets the following requirements:
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1. Satisfies the conditions in sub. (2). 2. Completes 2,000 hours of practice as a licensed aesthetician and 150 training hours of instructor training approved by the department. 3. Passes an examination conducted by the department to determine fitness as an aesthetics instructor. (c) Electrology instructor certification. The department shall issue an electrology instructor certificate to each person who meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Completes 2,000 hours of practice as a licensed electrologist and 150 training hours of instructor training approved by the department. 3. Passes an examination conducted by the department to determine fitness as an electrology instructor. (d) Manicuring instructor certification. The department shall issue a manicuring instructor certificate to each person who meets the following requirements: 1. Satisfies the conditions in sub. (2). 2. Completes 2,000 hours of practice as a licensed manicurist and 150 training hours of instructor training approved by the department. 3. Passes an examination conducted by the department to determine fitness as a manicuring instructor. History: 1987 a. 265; 1989 a. 31; 1991 a. 39; 2007 a. 20; 2011 a. 190; 2017 a. 82.
440.635 Persons providing practical instruction in specialty schools. (1) No person may provide practical instruction in a specialty school of aesthetics unless the person holds a current cosmetologist license or aesthetician license issued by the cosmetology examining board. (2) No person may provide practical instruction in a specialty school of electrology unless the person holds a current electrologist license issued by the cosmetology examining board. (3) No person may provide practical instruction in a specialty school of manicuring unless the person holds a current cosmetologist license or manicurist license issued by the cosmetology examining board. History: 1987 a. 265; 2011 a. 190; 2017 a. 82.
440.64 Regulation of schools and specialty schools. (1) DUTIES OF DEPARTMENT. (a) The department shall investigate the adequacy of the courses of instruction and instructional materials and equipment at schools and specialty schools and review those courses of instruction, instructional materials, and equipment for compliance with minimum standards established by rules of the department or cosmetology examining board, as appropriate. (b) The department shall promulgate rules: 1. Establishing standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction. 2. Regulating the negotiability of promissory instruments received by schools and specialty schools in payment of tuition and other charges. 3. Establishing minimum standards for the refund of portions of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from a course or course of instruction. 4. Requiring schools and specialty schools to furnish information to the department concerning their facilities, curricula, instructors, registration and enrollment policies, enrollment rosters, student training hours, contracts, financial records, tuition and other charges and fees, refund policies and policies concerning
440.70
the negotiability of promissory instruments received in payment of tuition and other charges. (2) AUDITORS AND INSPECTORS. (a) The department shall appoint auditors and inspectors under the classified service to audit and inspect schools and specialty schools. (b) An auditor or inspector appointed under par. (a) may enter and audit or inspect any school or specialty school at any time during business hours. (3) INVESTIGATIONS, HEARINGS, REPRIMANDS, DENIALS, LIMITATIONS, SUSPENSIONS AND REVOCATIONS. (a) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred. (b) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensee or deny, limit, suspend, or revoke a license under this subchapter if it finds that the applicant or licensee has done any of the following: 1. Made a material misstatement in an application for licensure, certification or renewal. 2. Advertised in a manner which is false, deceptive or misleading. 3. Violated this subchapter or any rule promulgated under this subchapter. (c) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license under par. (b), the department may assess against a school or specialty school a forfeiture of not less than $100 nor more than $5,000 for each violation enumerated under par. (b). History: 1987 a. 265; 2011 a. 190; 2017 a. 82.
SUBCHAPTER VII CREMATORY AUTHORITIES 440.70 Definitions. As used in this subchapter: (1) “Authorization form” means a form specified in s. 440.73. (3) “Business entity” has the meaning given in s. 452.01 (3j). (4) “Columbarium” means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremated remains. (5) “Cremated remains” means human remains recovered from the cremation of a human body or body part and the residue of a container or foreign materials that were cremated with the body or body part. (6) “Cremation” means the process of using heat to reduce human remains to bone fragments and includes processing or pulverizing the bone fragments. (7) “Cremation chamber” means an enclosed space within which cremation takes place. (8) “Crematory” means a building or portion of a building within which a cremation chamber is located. (9) “Crematory authority” means a person who owns or operates a crematory. (10) “Funeral director” has the meaning given in s. 445.01 (5). (11) “Funeral establishment” has the meaning given in s. 445.01 (6). (12) “Human remains” means the body or part of the body of a deceased individual. (14) “Niche” means a space in a columbarium that is used or intended to be used for the inurnment of cremated remains. History: 2005 a. 31, 254.
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440.71 Registration; renewal. (1) PROHIBITION. No person may cremate human remains unless the department has registered the person as a crematory authority under sub. (2). (2) REGISTRATION. The department shall register a person as a crematory authority if the person does all of the following: (a) Pays the initial credential fee determined by the department under s. 440.03 (9) (a). (b) Submits an application on a form provided by the department that includes all of the following: 1. The name and address of the applicant or the business entity that the applicant represents. 2. The address of the crematory. 3. A description of the structure and equipment proposed to be used in operating the crematory. 4. Any other information that the department may require. (3) RENEWAL. Renewal applications shall be submitted to the department on a form provided by the department on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). History: 2005 a. 31; 2007 a. 20.
440.73 Authorization forms. A person who is authorized to direct the cremation of the human remains of a decedent may do so only by completing a form that includes all of the following: (1) The name of the decedent and the date and time of the decedent’s death. (2) The name of the person directing the cremation and his or her relationship to the decedent. (3) A statement that the person directing the cremation has the authority to direct the cremation. (4) A statement that the person directing the cremation has no reason to believe that the decedent’s remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation. (5) The name of the funeral director, funeral establishment, or cemetery that the person directing the cremation authorizes to receive the cremated remains or, if alternative arrangements are made for receiving the cremated remains, a description of those arrangements. (6) If known by the person directing the cremation, the manner in which the cremated remains are to be disposed. (7) An itemized list of valuables on the decedent’s person that are to be removed prior to cremation and returned to the person directing the cremation. (8) If a viewing or other services are planned, the date and time of the viewing or services. (9) The signature of the person directing the cremation attesting to the accuracy of the representations contained on the form. History: 2005 a. 31.
440.75 Liability of a person who directs the cremation of human remains. A person who directs the cremation of human remains is liable for damages resulting from authorizing the cremation of the human remains of a decedent. History: 2005 a. 31.
440.76 Revocation of authorization. Before a cremation is performed, a person directing the cremation of human remains may cancel the cremation by providing the crematory authority with a written statement revoking the authorization form. A person who revokes an authorization form shall provide the crematory authority with written instructions regarding the final disposition of the human remains. History: 2005 a. 31.
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440.77 Delivery and acceptance of human remains. (1) RECEIPT FOR DELIVERY. A crematory authority that receives human remains from a person shall provide the person with a receipt that includes all of the following: (a) The name of the decedent. (b) The date and time that the human remains were delivered. (c) A description of the type of casket or container in which the human remains were delivered. (d) The name of the person who delivered the human remains and the name of the funeral establishment or other business entity, if any, with which the person is affiliated. (e) The name of the person who received the human remains on behalf of the crematory authority and the name of the funeral establishment or other business entity, if any, with which the crematory authority is affiliated. (f) The signature of the person who delivered the human remains. (g) The signature of the person who received the human remains on behalf of the crematory authority. (2) ACCEPTANCE OF HUMAN REMAINS. (a) A crematory authority may not refuse to accept delivery of human remains solely on the basis that the human remains have not been placed in a casket or have not been embalmed. (b) A crematory authority may refuse to accept delivery of human remains if any of the following apply: 1. The casket or other container used for the human remains has evidence of leakage of bodily fluids. 2. The crematory authority has knowledge of a dispute regarding the cremation of the human remains, unless the crematory authority receives a copy of a court order or other documentation indicating that the dispute has been resolved. 3. The crematory authority has reason to believe that a representation of the person directing the cremation of human remains is not true. 4. The crematory authority has reason to believe that the human remains contain a device that may be hazardous or cause damage to the cremation chamber or an individual performing the cremation. History: 2005 a. 31.
440.78 Cremation requirements. (1) DOCUMENTATION. A crematory authority may not cremate the human remains of a decedent unless the authority has received all of the following: (a) A completed authorization form. (b) A copy of the cremation permit issued under s. 979.10 (1) (a). (c) If a report for final disposition of a human corpse is required under s. 69.18 (3), a copy of the report. (2) HOLDING FACILITY. (a) Upon accepting delivery of human remains, a crematory authority shall place the human remains in a holding facility until they are cremated, except that, if the crematory authority obtains knowledge of a dispute regarding the cremation of the human remains, the crematory authority may, until the dispute is resolved, return the human remains to the person who delivered the human remains or the funeral establishment or other business entity with which that person is affiliated, neither of which may refuse to accept the human remains. (b) A crematory authority shall restrict access to a holding facility to authorized personnel. (3) CASKETS AND OTHER CONTAINERS. (a) A crematory authority may not require human remains to be placed in a casket before cremation or to be cremated in a casket. (b) Unless a crematory authority obtains the prior written consent of the person directing the cremation, and except as pro-
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vided in par. (c), a crematory authority shall cremate with human remains the casket or other container holding the human remains or destroy the casket or other container. (c) A container may be used to hold human remains that are to be cremated only if the container is composed of readily combustible materials that are resistant to leakage and spillage, has the ability to be closed for complete covering of the human remains, is sufficiently rigid to provide ease in handling, and is able to protect the health and safety of crematory personnel. (4) VIEWINGS OR OTHER SERVICES. A crematory authority may not cremate human remains before the date and time specified in an authorization form under s. 440.73 (8). (5) SIMULTANEOUS CREMATION. A crematory authority may not simultaneously cremate the human remains of more than one decedent within the same cremation chamber unless the crematory authority receives the prior written consent of the person directing the cremation of each decedent. (6) RESIDUE REMOVAL. Upon completion of each cremation, a crematory authority shall, insofar as practicable, remove all of the cremated remains from the cremation chamber. (7) CONTAINERS FOR CREMATED REMAINS. A container may be used to hold cremated remains only if all of the following are satisfied: (a) Except as provided in sub. (8), the container is a single container of sufficient size to hold the cremated remains. (b) The container may be closed in a manner that prevents the entrance of foreign materials and prevents leakage or spillage of the cremated remains. (8) EXCESS REMAINS; ADDITIONAL CONTAINER. If cremated remains that a crematory authority recovers from a cremation chamber do not fit within the container that the person who directed the cremation has selected, the crematory authority shall return the remainder of the human remains in a separate container to the person who directed the cremation or to that person’s designee. (9) IDENTIFICATION SYSTEM. A crematory authority shall maintain an identification system that ensures the identity of human remains throughout all phases of the cremation process. (10) CONSTRUCTION OF A CREMATORY. (a) Any person who constructs a crematory or converts a building or other structure to a crematory shall comply with the rules of the department and shall receive department approval in writing of the plans and specifications prior to construction or conversion. The department may promulgate rules governing the location, material, and construction of any crematory. Any municipality may enact ordinances governing the construction of a crematory that are at least as stringent as this subsection. (b) The department shall supervise construction of any crematory and conversion of any building or other structure to a crematory. No person may modify departmental construction or conversion requirements without written approval of the department. No crematory authority may operate a crematory unless the department certifies in writing that construction or conversion complied with approved plans. History: 2005 a. 31; 2015 a. 237 s. 54.
440.79 Deliveries of cremated remains. A crematory authority may deliver cremated remains to another person only by making the delivery in person or by using a delivery service that has a system for tracking the delivery. The crematory authority shall obtain a signed receipt from the person to whom the cremated remains are delivered. The crematory authority shall ensure that the receipt includes all of the following: (1) The name of the decedent.
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(2) The date and time that the cremated remains were delivered. (3) The name and signature of the person to whom the cremated remains were delivered and the name of the funeral establishment or other business entity, if any, with which the person is affiliated. (4) The name and signature of the person who delivered the cremated remains on behalf of the crematory authority. History: 2005 a. 31, 254.
440.80 Disposition of cremated remains. (1) RESPONSIBLE PARTY. (a) Except as provided in par. (b), the person directing the cremation is responsible for determining the manner in which cremated remains are disposed. (b) If the person directing the cremation fails to determine the manner in which cremated remains are disposed, the crematory authority shall, no sooner than 30 days after cremation, deliver the cremated remains to the person who delivered the human remains to the crematory authority for cremation or the funeral establishment or other business entity with which that person is affiliated, neither of which may refuse to accept the cremated remains. No sooner than 60 days after the cremated remains are delivered under this paragraph, the person to whom they are delivered may determine the manner in which the cremated remains are disposed and shall make a written record of any determination that is made. (c) The person directing the cremation or the decedent’s estate, or both, are liable for all reasonable expenses incurred in delivering and disposing of cremated remains under par. (b). (2) MANNER OF DISPOSITION. A person may dispose of cremated remains only in one of the following manners: (a) Placing the remains in a grave, niche, or crypt. (b) Disposing of the remains in any other lawful manner, but only if the remains are reduced to a particle size of one-eighth inch or less. (3) COMMINGLING. Without the prior written consent of each person directing the cremation, no person may place cremated remains of more than one individual in the same container. (4) PROHIBITED SALES. A crematory authority may not do any of the following: (a) Sell any material or device, including a prosthetic or medical device of a decedent, that is obtained from cremating the human remains of the decedent. (b) Resell any casket or other container that has been used for cremating human remains. History: 2005 a. 31.
440.81 Records. (1) A crematory authority shall maintain a permanent record of each cremation at its place of business consisting of the name of the decedent, the date of the cremation, and a description of the manner in which the cremated remains are disposed. (2) A crematory authority shall maintain as permanent records the documentation specified in s. 440.78 (1) and copies of receipts under ss. 440.77 (1) and 440.79. History: 2005 a. 31.
440.82 Exemptions from liability. (1) Except as provided in sub. (2), a crematory authority is immune from civil liability for damages resulting from cremating human remains, including damages to prosthetic or medical devices or valuables of the decedent, if the authority has complied with the requirements of this subchapter. (2) A crematory authority is liable for damages resulting from the authority’s intentional misconduct, negligent conduct,
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or failure to return valuables specified on an authorization form under s. 440.73 (7). History: 2005 a. 31.
440.83 Electronic transmission permitted. Any statement required to be in writing under s. 440.76, 440.78 (3) (b) or (5), or 440.80 (3) may be transmitted by facsimile. History: 2005 a. 31.
440.84 Rules. The department may promulgate rules interpreting or administering the requirements of this subchapter. History: 2005 a. 31.
440.85 Discipline. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations, including inspections, or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred. (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand an individual registered under this subchapter or deny, limit, suspend, or revoke a registration under this subchapter if the department finds that the applicant or individual has done any of the following: (a) Made a material misstatement in an application for a registration or renewal of a registration. (b) Engaged in conduct while practicing as a crematory authority that evidences a lack of knowledge or ability to apply professional principles or skills. (c) Subject to ss. 111.321, 111.322, and 111.335, been arrested or convicted of an offense committed while registered under this subchapter. (d) Advertised in a manner that is false, deceptive, or misleading. (e) Advertised, practiced, or attempted to practice as a crematory authority under another person’s name. (f) Violated this subchapter or a rule promulgated under this subchapter. History: 2005 a. 31.
440.86 Penalties. (1) Any person who violates this subchapter or a rule promulgated under this subchapter may be fined not more than $1,000 or imprisoned for not more than 6 months or both. (2) In addition to or in lieu of the penalties under sub. (1) and the remedies under s. 440.85 (2), any person who violates this subchapter or a rule promulgated under this subchapter may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate violation. History: 2005 a. 31.
440.87 Exceptions. This subchapter does not apply to a person who is performing his or her duties as an officer of a public institution, medical school, medical college, county medical society, anatomical association, or accredited college of embalming, or to a person acting in accordance with a statute prescribing the conditions under which donated or indigent dead human bodies are held subject for anatomical study, or to a person who is acting according to the burial customs or rites of a religious sect to which the person belongs or subscribes. History: 2005 a. 31.
SUBCHAPTER VIII SUBSTANCE ABUSE COUNSELORS,
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CLINICAL SUPERVISORS, AND PREVENTION SPECIALISTS Cross-reference: See also chs. SPS 160, 161, 162, 163, 164, 165, 166, 167, and 168, Wis. adm. code.
440.88 Substance abuse counselors, clinical supervisors, and prevention specialists. (1) DEFINITIONS. In this subchapter: (a) “Clinical supervisor” means a clinical supervisor-in-training, an intermediate clinical supervisor, or an independent clinical supervisor. (am) “Prevention specialist” means a prevention specialist-intraining or a prevention specialist. (b) “Substance abuse counselor” means a substance abuse counselor-in-training, a substance abuse counselor, or a clinical substance abuse counselor. (2) CERTIFICATION. Except as provided in sub. (3m) and s. 440.12 or 440.13, the department shall certify as a substance abuse counselor, a clinical supervisor, or a prevention specialist any individual who satisfies the applicable conditions in sub. (3) and who has presented evidence satisfactory to the department that applicable certification standards and qualification of the department, as established by rule, have been met. (3) CERTIFICATION; STANDARDS AND QUALIFICATIONS. (a) Subject to pars. (b) and (c) and except as provided in sub. (3m), the department shall promulgate rules that establish minimum standards and qualifications for the certification of all of the following, including substance abuse counselors and clinical supervisors, as defined by the department of health services by rule: 1. Substance abuse counselors-in-training. 2. Substance abuse counselors. 3. Clinical substance abuse counselors. 4m. Clinical supervisors-in-training. 5. Intermediate clinical supervisors. 6. Independent clinical supervisors. 7. Prevention specialists-in-training. 8. Prevention specialists. (b) Rules promulgated under par. (a) shall include standards based on demonstrated requisite competency, knowledge, skills, and attitudes of professional practice that are culturally competent and evidence-based. (c) Before the department may promulgate rules under par. (a), the department shall appoint a certification review committee under s. 227.13 and shall consult with the certification review committee on the proposed rules. (3m) EXCEPTION. This section does not apply to a physician, as defined in s. 448.01 (5), a clinical social worker, as defined in s. 457.01 (1r), an independent social worker, as defined in s. 457.01 (2g), an advanced practice social worker, as defined in s. 457.01 (1c), a psychologist licensed under s. 455.04 (1) or (2), a marriage and family therapist, as defined in s. 457.01 (3), or a professional counselor, as defined in s. 457.01 (7), who practices as a substance abuse clinical supervisor or provides substance abuse counseling, treatment, or prevention services within the scope of his or her credential. (4) APPLICATIONS; CERTIFICATION PERIOD. An application for certification as a substance abuse counselor, clinical supervisor, or prevention specialist under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for certification as a substance abuse counselor, clinical supervisor, or prevention specialist is specified under s. 440.08 (2) (a) and the renewal fee for such certifications is determined by the de-
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partment under s. 440.03 (9) (a). Renewal of certification as a substance abuse counselor-in-training, a clinical supervisor-intraining, or a prevention specialist-in-training may be made only twice. (5) CERTIFICATION REQUIRED. Except as provided in sub. (3m) and s. 257.03, no person may represent himself or herself to the public as a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist or use in connection with his or her name a title or description that conveys the impression that he or she is a substance abuse counselor, clinical supervisor, or prevention specialist or a certified substance abuse counselor, clinical supervisor, or prevention specialist unless he or she is so certified under sub. (2). (6) REVOCATION, DENIAL, SUSPENSION, OR LIMITATION OF CERTIFICATION. The department may, after a hearing held in conformity with ch. 227, revoke, deny, suspend, or limit under this subchapter the certification of any substance abuse counselor, clinical supervisor, or prevention specialist or reprimand the substance abuse counselor, clinical supervisor, or prevention specialist, for practice of fraud or deceit in obtaining the certification or any unprofessional conduct, incompetence, or professional negligence. (7) RECIPROCAL CERTIFICATION. The department shall, upon application and payment of the required fee, issue certification as a substance abuse counselor, clinical supervisor, or prevention specialist to an individual who holds a similar unexpired certification issued to the individual by another state for which the requirements for certification are of a standard that is not lower than that specified in this subchapter. (8) CERTIFICATION OTHER THAN BY DEPARTMENT PROHIBITED. No entity other than the department may certify substance abuse counselors, clinical supervisors, or prevention specialists. (9) CONTINUING EDUCATION. The department may do all of the following: (a) Establish the minimum number of hours of continuing education required for renewal of certification under this section and the topic areas that the continuing education must cover. (b) Require continuing education as part of any disciplinary process for an individual. (10) CONTINUING EDUCATION COURSE APPROVAL. The department shall establish the criteria for the approval of continuing education programs and courses required for renewal of certification of a substance abuse counselor, clinical supervisor, or prevention specialist and the criteria for the approval of the sponsors and cosponsors of those continuing education programs and courses. The department shall approve continuing education programs and courses in accordance with the criteria established under this subsection. (11) SCOPE OF PRACTICE. The department shall promulgate rules establishing minimum standards for the practice of substance abuse counseling, supervision, and prevention. History: 2005 a. 25; 2005 a. 96 s. 4m; 2005 a. 254 s. 37; 2005 a. 407; 2007 a. 20, 99; 2009 a. 42; 2017 a. 262; 2017 a. 364 s. 49; 2021 a. 22, 222.
SUBCHAPTER IX CEMETERY AUTHORITIES, SALESPERSONS AND PRENEED SELLERS Cross-reference: See also CB, Wis. adm. code.
440.90 Definitions. In this subchapter: (1b) “Board” means the cemetery board. (1c) “Business day” has the meaning given in s. 421.301 (6).
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(2) “Cemetery authority” has the meaning given in s. 157.061 (2). (3) “Cemetery services and merchandise” has the meaning given in s. 157.061 (3). (4) “Human remains” has the meaning given in s. 157.061 (8). (4m) “Licensed cemetery authority” means a cemetery authority that is licensed under s. 440.91 (1). (4r) “Licensee” means a person licensed under this subchapter. (5) “Mausoleum” has the meaning given in s. 157.061 (9). (6) “Mausoleum space” has the meaning given in s. 157.061 (10). (6m) “Payment of principal” has the meaning given in s. 157.061 (11r). (7) “Preneed sales contract” has the meaning given in s. 157.061 (12). (8) “Preneed seller” means an individual who sells or solicits the sale of cemetery services and merchandise or an undeveloped space under a preneed sales contract or, if such an individual is employed by or acting as an agent for a cemetery authority or any other person, the cemetery authority or other person. (9) “Preneed trust fund” has the meaning given in s. 157.061 (13). (10) “Public mausoleum” has the meaning given in s. 157.061 (14). (11) “Sale” has the meaning given in s. 157.061 (16). (12) “Undeveloped space” has the meaning given in s. 157.061 (17). (13) “Warehouse” means a place of storage for cemetery merchandise sold under a preneed sales contract. (14) “Wholesale cost ratio” means the actual cost to a preneed seller to supply and deliver cemetery services and merchandise or to construct an undeveloped space divided by the price paid by the purchaser, excluding sales tax, finance or interest charges, administrative fees, and insurance premiums. History: 1989 a. 307; 2005 a. 25; 2015 a. 237; 2017 a. 365 s. 110.
440.905 General duties and powers of board. (1) In addition to the other duties and powers of the board under this subchapter, the board shall advise the secretary of safety and professional services on matters relating to cemeteries, to this chapter, or to the board. (2) The board has rule-making authority and may promulgate rules relating to the regulation of cemetery authorities, cemetery salespersons, and cemetery preneed sellers. The board may determine, by rule, a fee under s. 440.05 (1) (a) and under s. 440.08 (2) (a) 21. that is sufficient to fund the board’s operating costs. History: 2005 a. 25; 2011 a. 32.
440.91 Cemetery authorities and cemetery salespersons. (1) (a) Any cemetery authority that operates a cemetery that has $50,000 or more in trust fund accounts for a cemetery shall apply to the board for a license for that cemetery. A cemetery authority that operates more than one cemetery shall apply for a separate license for each cemetery that has $50,000 or more in trust fund accounts. (b) The board shall grant a license to a cemetery authority if all of the following are satisfied: 1. The cemetery authority submits an application for the license to the board on a form provided by the board. The application shall require the cemetery authority to provide the names of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery au-
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thority’s compliance with subch. II of ch. 157 and this subchapter. 2. The cemetery authority pays the initial credential fee determined by the department under s. 440.03 (9) (a). (c) The renewal dates for licenses granted under par. (b) are specified in s. 440.08 (2) (a) and the renewal fees for such licenses are determined by the department under s. 440.03 (9) (a). (1m) (a) Except as provided in sub. (6m), any cemetery authority that has less than $50,000 in trust fund accounts for a cemetery shall register with the board. A cemetery authority that operates more than one cemetery shall submit a separate registration to the board for each cemetery that has less than $50,000 in trust fund accounts. (b) The board shall register a cemetery authority if all of the following are satisfied: 1. The cemetery authority submits an application for registration to the board on a form provided by the board. The application shall require the cemetery authority to provide the names and addresses of the officers of the cemetery authority and to identify a business representative who is primarily responsible for the cemetery authority’s compliance with subch. II of ch. 157 and this subchapter. 2. The cemetery authority pays a $10 fee to the board. (c) The renewal date and renewal fee for a registration granted under par. (b) are specified in s. 440.08 (2). (2) Except as provided in sub. (10), every individual who sells or solicits the sale of, or that expects to sell or solicit the sale of, 20 or more cemetery lots or mausoleum spaces per year during 2 consecutive calendar years shall be licensed by the board. An individual may not be licensed as a cemetery salesperson except upon the written request of a cemetery authority and the payment of the initial credential fee determined by the department under s. 440.03 (9) (a). The cemetery authority shall certify in writing to the board that the individual is competent to act as a cemetery salesperson. An applicant for licensure as a cemetery salesperson shall furnish to the board, in such form as the board prescribes, all of the following information: (a) The name and address of the applicant. (b) Educational qualifications. (c) Prior occupations. (d) Any other information which the board may reasonably require to enable it to determine the competency of the salesperson to transact the business of a cemetery salesperson in a manner which safeguards the interest of the public. (3) Any cemetery salesperson may transfer to the employment of a cemetery authority, other than the cemetery authority that certified the salesperson under sub. (2), by filing a transfer form with the board and paying the transfer fee specified in s. 440.05 (7). (4) Renewal applications shall be submitted to the board on a form provided by the board on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). (5) Every cemetery authority requesting the registration or transfer of any cemetery salesperson shall be responsible for the acts of that salesperson while acting as a cemetery salesperson. (6m) A cemetery authority of a cemetery organized, maintained and operated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be licensed under sub. (1) or registered under sub. (1m). (7) An individual who solicits the sale of cemetery lots or mausoleum spaces in a cemetery organized, maintained and op-
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erated by a town, village, city, church, synagogue or mosque, religious, fraternal or benevolent society or incorporated college of a religious order is not required to be licensed under sub. (2). (9) No cemetery authority or cemetery salesperson licensed under sub. (1) or (2) may pay a fee or commission as compensation for a referral or as a finder’s fee relating to the sale of cemetery merchandise or a burial space to any person who is not licensed under sub. (1) or (2) or who is not regularly and lawfully engaged in the sale of cemetery merchandise or burial spaces in another state or territory of the United States or a foreign country. (10) Nothing in this section requires an individual who is licensed as a preneed seller under s. 440.92 (1) to be licensed as a cemetery salesperson under sub. (2) if the individual only sells or solicits the sale of cemetery services and merchandise or undeveloped spaces under preneed sales contracts. History: 1989 a. 307 ss. 75, 80 to 83, 91; 1991 a. 39, 269; 2005 a. 25; 2007 a. 20, 174; 2009 a. 180; 2011 a. 146; 2015 a. 237.
440.92 Cemetery preneed sellers. (1) LICENSURE. (a) Except as provided in subs. (4), (9) (a), and (10), every individual who sells or solicits the sale of cemetery services and merchandise or an undeveloped space under a preneed sales contract and, if the individual is employed by or acting as an agent for a cemetery authority or any other person, that cemetery authority or other person is also required to be licensed under this subsection. (b) The board shall issue a certificate of licensure as a cemetery preneed seller to any person who does all of the following: 1. Submits an application to the board on a form provided by the board. 2. Pays the initial credential fee determined by the department under s. 440.03 (9) (a). 3. Subject to ss. 111.321, 111.322, and 111.335, submits evidence satisfactory to the board that the person does not have a conviction record. 4. Meets any other reasonable requirements established by the board by rule to determine fitness to sell cemetery services and merchandise or an undeveloped space under a preneed sales contract. The rules may not require applicants to meet minimum education, experience, or prior employment requirements or to pass any examination. (bm) If a cemetery authority that is licensed under this subsection notifies the board that it proposes to take an action specified in s. 157.08 (2) (b) and the board does not object to the action under s. 157.08 (2) (b), the board shall revoke the license and require the cemetery authority to reapply for a license under this subsection. (c) Renewal applications shall be submitted to the board on a form provided by the board on or before the applicable renewal date specified under s. 440.08 (2) (a) and shall include the applicable renewal fee determined by the department under s. 440.03 (9) (a). (e) Nothing in this subsection requires an individual who is licensed as a cemetery salesperson under s. 440.91 (2) to be licensed under this subsection if the individual does not conduct or solicit any sale under a preneed sales contract. (2) PRENEED SALES CONTRACTS. (a) A preneed sales contract for the sale of cemetery services and merchandise shall provide for the delivery of cemetery merchandise in one of the following ways: 1. By physically delivering the merchandise to the purchaser or the beneficiary named in the preneed sales contract. 2. By affixing the cemetery merchandise to the cemetery lot or mausoleum. 3. By storing the cemetery merchandise in a warehouse that is located on the property of the preneed seller if the preneed
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seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to the cemetery lot or mausoleum without additional charge. 3g. By storing the cemetery merchandise anywhere on the property of the preneed seller if the property of the preneed seller is located in this state, the preneed seller insures the cemetery merchandise and the preneed sales contract requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot, to the outside of or the grounds surrounding a mausoleum or to any other outdoor location without additional charge. 4. By having the cemetery merchandise stored in a warehouse that is not located on the property of the preneed seller if the warehouse has agreed to ship the cemetery merchandise to the preneed seller, purchaser or beneficiary named in the preneed sales contract without additional charge to the purchaser and the preneed sales contract requires that the cemetery merchandise ultimately be affixed to the cemetery lot or mausoleum without additional charge. If the cemetery merchandise is delivered under this subdivision, all of the following apply: a. At the time that the preneed sales contract is entered into, the preneed seller shall provide the purchaser with the name, address and telephone number of the warehouse and inform the purchaser that the warehouse is approved by the board. b. If the name, address, telephone number or approval status of the warehouse changes before the cemetery merchandise is delivered, the preneed seller or warehouse shall notify the purchaser in writing of each change within 30 days after the change. c. The preneed sales contract shall provide for the cemetery merchandise to be delivered within 30 days after the purchaser or beneficiary requests the preneed seller or warehouse to deliver the cemetery merchandise and shall contain the procedure and any requirements for making the request. (am) If a preneed sales contract for the sale of cemetery merchandise requires the preneed seller to ultimately affix the cemetery merchandise to a cemetery lot, mausoleum or other location but the purchaser has not informed the preneed seller of the location where the cemetery merchandise is to be affixed and the location where the cemetery merchandise is to be affixed is not specified in the preneed sales contract, the preneed sales contract may provide that the preneed seller may charge the purchaser an additional fee at the time that the cemetery merchandise is affixed not to exceed the additional costs to the preneed seller that are necessitated by the purchaser’s choice of location. (b) If a preneed sales contract does not require the preneed seller to deliver cemetery merchandise by one of the methods under par. (a), the preneed seller shall deliver the cemetery merchandise under par. (a) 2. (c) Except as provided in par. (cm), a preneed sales contract shall provide that if the purchaser voids the preneed sales contract at any time within 10 days after the date of the initial payment the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser for cemetery merchandise that has not been supplied or delivered and for the mausoleum space. (cm) If a preneed sales contract for the sale of cemetery merchandise requires the preneed seller to physically alter any cemetery merchandise, the preneed sales contract shall provide that if the purchaser voids the preneed sales contract at any time before the preneed seller has physically altered the cemetery merchandise in a manner or to a degree that makes the fair market value of the cemetery merchandise to the general public lower than the sale price of the cemetery merchandise under the preneed sales contract or within 10 days after the date of the initial payment, whichever occurs first, the preneed seller shall, within 30 days af-
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ter the date on which the preneed sales contract is voided, refund all money paid by the purchaser for cemetery merchandise that has not been supplied or delivered. (d) A preneed seller may not sell any undeveloped space unless the plans for the construction of the mausoleum have been submitted to the board for approval under s. 157.12 (2) (a) and the preneed sales contract includes the following language in not less than 10-point boldface type: “THE PLANS FOR CONSTRUCTING THE MAUSOLEUM SPACE HAVE BEEN SUBMITTED TO THE CEMETERY BOARD FOR APPROVAL. THE SELLER IS RESPONSIBLE FOR ALL COSTS REQUIRED TO OBTAIN APPROVAL OF THE PLANS BY THE CEMETERY BOARD, COMPLETE THE CONSTRUCTION, AND OBTAIN CERTIFICATION OF THE CONSTRUCTION BY THE CEMETERY BOARD.” (e) A preneed sales contract for the sale of an undeveloped space shall provide that the purchaser may void the preneed sales contract if any of the following conditions applies: 1. The plans for constructing the mausoleum are not approved under s. 157.12 (2) (a). 2. The construction of the mausoleum does not begin within 3 years after the date of the sale. 3. If the mausoleum is a public mausoleum, the construction of the mausoleum is not certified under s. 157.12 (2) (b) within 6 years after the date of the sale. (f) If a preneed sales contract is voided under par. (e), the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04. (g) A preneed seller may include in a preneed sales contract provisions that do any of the following: 1. Place restrictions on the right of the purchaser to assign his or her interest in any undelivered cemetery merchandise or undeveloped space to any other person, but only if such restrictions are consistent with regulations, established by the cemetery authority of the cemetery in which the cemetery merchandise will ultimately be affixed or in which the undeveloped space is located, that specify who may or may not be buried in the cemetery. 2. Require the purchaser to notify the preneed seller that the purchaser has assigned his or her interest in any undelivered cemetery merchandise or undeveloped space to any other person within a reasonable period of time after the interest has been assigned. (h) A provision in a preneed sales contract that purports to waive or is in conflict with any part of this section is void. (i) If a preneed sales contract includes provisions for the sale of cemetery merchandise or an undeveloped space that is subject to the trusting requirements under sub. (3) (a) and (b) and for the sale of other goods or services that are not subject to the trusting requirements under sub. (3) (a) and (b), the sale price of the goods or services that are not subject to the trusting requirements may not be inflated for the purpose of allocating a lower sale price to the cemetery merchandise or undeveloped space that is subject to the trusting requirements. (j) A preneed sales contract shall be in writing. The preneed seller shall provide the purchaser with a copy of the preneed sales contract at the time that the preneed sales contract is entered into. A provision in a written preneed sales contract that limits the terms of the transaction to those included in the written preneed sales contract and that disclaims any oral agreements pertaining to the transaction creates a rebuttable presumption that no oral preneed sales contract pertaining to the transaction exists. A preneed sales contract that is not in writing may not be voided by the preneed seller, but may be voided by the purchaser at any time be-
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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fore all of the cemetery merchandise purchased has been delivered, before the plans for constructing the mausoleum have been approved under s. 157.12 (2) (a) or, if the mausoleum is a public mausoleum, before the construction of the mausoleum has been certified under s. 157.12 (2) (b). If a preneed sales contract is voided under this paragraph, the preneed seller shall, within 30 days after the date on which the preneed sales contract is voided, refund all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04. (k) A preneed sales contract shall include the following language in not less than 10-point boldface type: “SECTION 440.92 (2) OF THE WISCONSIN STATUTES SPECIFIES THE RIGHTS OF THE PURCHASER UNDER THIS CONTRACT. DEPENDING ON THE CIRCUMSTANCES, THESE MAY INCLUDE THE RIGHT TO VOID THE CONTRACT AND RECEIVE A REFUND OR THE RIGHT TO ASSIGN AN INTEREST IN THE CONTRACT TO ANOTHER PERSON.” (3) DEPOSITS IN PRENEED TRUST FUND AND CARE FUND. (a) A preneed seller shall deposit into a preneed trust fund an amount equal to at least 40 percent of each payment of principal that is received from the sale of cemetery merchandise under a preneed sales contract, or the wholesale cost ratio for the cemetery merchandise multiplied by the amount of the payment of principal that is received, whichever is greater. In addition to the amount required to be deposited under this paragraph for the sale of cemetery merchandise and except as provided in par. (c), if a preneed seller receives payment for the sale of an undeveloped space under a preneed sales contract, the preneed seller shall deposit a percentage of each payment of principal that is received from the sale of the undeveloped space into a preneed trust fund, determined as follows: 1. If the actual cost to the preneed seller of constructing the undeveloped space in accordance with construction plans approved under s. 157.12 (2) (a) has been determined by a registered architect or engineer and accepted in a written construction agreement by both the preneed seller and the person who has agreed to construct the mausoleum, the minimum percentage of each payment of principal that must be deposited into the preneed trust fund is the percentage equal to the wholesale cost ratio for the undeveloped space. In this subdivision, “registered architect or engineer” means a person who is registered as an architect or engineer under ch. 443. 2. If the cost to the preneed seller of constructing the undeveloped space has not been determined as provided in subd. 1., the preneed seller shall deposit at least 40 percent of each payment of principal into the preneed trust fund. (b) The preneed seller shall make the deposits required under par. (a) within 30 business days after the last day of the month in which each payment is received. Preneed trust funds shall be deposited and invested as provided in s. 157.19. (c) A preneed seller is not required to make the deposits required under par. (a) 1. and 2. if any of the following applies: 1. The mausoleum is certified under s. 157.12 (2) (b) within 30 business days after the payment is received. 2. The undeveloped space is located in a mausoleum or project of mausoleums in which at least one mausoleum space was sold before November 1, 1991. In this subdivision, “project of mausoleums” means a group of mausoleums that have been or are intended to be built and arranged in a cemetery according to a single construction plan approved under s. 157.12 (2) (a). 3. The preneed seller files with the board a bond furnished by a surety company authorized to do business in this state or files with the board and maintains an irrevocable letter of credit from a financial institution and the amount of the bond or letter
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of credit is sufficient to secure the cost to the cemetery authority of constructing the mausoleum. (d) If payments are received under a preneed sales contract for an undeveloped space, the preneed seller shall make deposits into the care fund required under s. 157.12 (3) in addition to any deposits required under par. (a). (4) EXCEPTIONS TO REGISTRATION REQUIREMENT. (a) Any person who sells or solicits the sale of cemetery merchandise under a preneed sales contract is not required to be licensed under sub. (1) and the requirements of sub. (3) (a) and (b) do not apply to the sale if all payments received under the preneed sales contract are trusted as required under s. 445.125 (1) (a) 1. or if all of the following conditions are met: 1. The preneed seller guarantees that the cemetery merchandise will be delivered not more than 180 days after the date of the sale. 2. The cemetery merchandise is delivered or the preneed sales contract is voided not more than 180 days after the date of the sale. (b) If any preneed seller who is not licensed under sub. (1) accepts a payment under a preneed sales contract and the merchandise is not delivered within 180 days after the date of the sale, the preneed seller shall immediately notify the purchaser that the purchaser is entitled to a refund of all money paid by the purchaser, together with interest calculated at the legal rate of interest as provided under s. 138.04, at any time before the merchandise is delivered. (5) USE OF PRENEED TRUST FUNDS TO COVER COSTS OF CONSTRUCTION OR PARTIAL PERFORMANCE. (a) Before the construction of a mausoleum for which a preneed trust fund has been established is certified under s. 157.12 (2) (b), the trustee of the preneed trust fund shall, upon receipt of a written request for the release of a specified amount of the funds from the preneed seller and the person who is constructing the mausoleum, release the specified amount of the funds, but only if the request is accompanied by a sworn statement, signed by the preneed seller and the person who is constructing the mausoleum, certifying that the specified amount does not exceed the amount charged to the preneed seller by the person who is constructing the mausoleum for labor that has actually been performed and materials that have actually been used in the construction of the mausoleum, and does not include any cost for which preneed trust funds have been previously released under this paragraph. (b) Before all of the terms of a preneed sales contract for the sale of cemetery merchandise are fulfilled, the trustee of the preneed trust fund shall, upon receipt of a written request for the release of a specified amount of the funds from the preneed seller, release the specified amount of the funds, but only if the request is accompanied by a sworn statement, signed by the preneed seller, certifying that the specified amount does not exceed the actual cost to the preneed seller for any cemetery merchandise that has actually been supplied or delivered and for any cemetery services that have actually been performed, and does not include any cost for which preneed trust funds have been previously released under this paragraph. (6) REPORTING; RECORD KEEPING; AUDITS. (a) Every preneed seller licensed under sub. (1) shall file an annual report with the board. The report shall be made on a form prescribed and furnished by the board. The report shall be made on a calendar-year basis unless the board, by rule, provides for other reporting periods. The report is due on or before the 60th day after the last day of the reporting period. (b) The preneed seller shall include all of the following in the annual report under par. (a): 1. If the preneed seller is a corporation that is required to file
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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a report under s. 180.1622 or 181.0214, a copy of that report and the name, residence address and business address of each shareholder who beneficially owns, holds or has the power to vote 5 percent or more of any class of securities issued by the corporation. 2. An accounting of amounts deposited in, amounts withdrawn from, income accruing to and the balance at the close of the reporting period of each preneed trust fund for which the preneed seller is the trustee. (c) A preneed seller who is the trustee of any trust fund under s. 445.125 (1) shall include in the report required under par. (a) an accounting of amounts deposited in, amounts withdrawn from, income accruing to and the balance at the close of the reporting period of such trust funds. (d) All records described under pars. (b) 2. and (c) and maintained by the board are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of or financial information related to an individual that is requested under s. 49.22 (2m) by the department of children and families or a county child support agency under s. 59.53 (5). (e) The board shall review each report filed under par. (a) to determine whether the preneed seller is complying with this section. (f) The preneed seller shall keep a copy of the report required under par. (a) at its principal place of business and, except for those records described under pars. (b) 2. and (c), shall make the report available for inspection, upon reasonable notice, by any person with an interest in purchasing cemetery merchandise or a mausoleum space from the preneed seller or by any person who has entered into or is the beneficiary of a preneed sales contract with the preneed seller. (g) The preneed seller shall maintain all of the following: 1. The records needed to prepare the reports required under par. (a). 2. Records that show, for each deposit in a trust fund or account specified in pars. (b) 2. and (c), the name of the purchaser or beneficiary of the preneed sales contract relating to the deposit and the item purchased. 3. A copy of each preneed sales contract. (h) The records under par. (b) 1. shall be permanently maintained by the preneed seller. The records under par. (b) 2. shall be maintained for not less than 3 years after all of the obligations of the preneed sales contract have been fulfilled. The board may promulgate rules to establish longer time periods for maintaining records under this paragraph. (i) The board may promulgate rules requiring preneed sellers licensed under sub. (1) to maintain other records and establishing minimum time periods for the maintenance of those records. (j) The board may audit, at reasonable times and frequency, the records, trust funds and accounts of any preneed seller licensed under sub. (1), including records, trust funds and accounts pertaining to services provided by a preneed seller which are not otherwise subject to the requirements under this section. The board may conduct audits under this paragraph on a random basis, and shall conduct all audits under this paragraph without providing prior notice to the preneed seller. (k) The board may promulgate rules establishing a filing fee to accompany the report required under par. (a). The filing fee shall be based on the approximate cost of regulating preneed sellers. (7) APPROVAL OF WAREHOUSES. No person may own or operate a warehouse unless the warehouse is approved by the board. Upon application, the board shall approve a warehouse that is lo-
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cated in this state if the person who operates the warehouse is licensed as a public warehouse keeper by the department of agriculture, trade and consumer protection under ch. 99, but may not approve a warehouse that is located in this state unless the person is so licensed. The board shall promulgate rules establishing the requirements for approval of warehouses that are located outside this state. The rules shall require warehouses that are located outside this state to file with the board a bond furnished by a surety company authorized to do business in this state in an amount that is sufficient to guarantee the delivery of cemetery merchandise to purchasers under preneed sales contracts. The board shall compile and keep a current list of the names and addresses of all warehouses approved under this subsection and shall make the list available for public inspection during the times specified in s. 230.35 (4) (f). (9) EXEMPTIONS; CERTIFICATION OF COMPLIANCE OF CEMETERY AFFILIATED WITH RELIGIOUS ASSOCIATION. (a) If the cemetery authority of a cemetery that is affiliated with a religious association or that religious association files an annual certification with the board as provided in this subsection, neither the cemetery authority nor any employee of the cemetery is required to be licensed as a cemetery preneed seller under sub. (1) during the period for which the certification is effective. (b) A certification under this subsection shall be made on a form prescribed and furnished by the board and include all of the following: 1. The name and address of each cemetery to which the certification applies. 2. The name, address and social security number of each employee of the cemetery who sold or solicited the sale of cemetery merchandise or an undeveloped space under a preneed sales contract for the cemetery during the 12-month period immediately preceding the date on which the certification is filed with the board. 3. A statement of a person who is legally authorized to act on behalf of the religious association under this subsection that, during the 12-month period immediately preceding the date on which the certification is filed with the board, each employee specified under subd. 2. and the cemetery authority have either fully complied or have substantially complied with subs. (2), (3) (a) and (b) and (5). (c) If the statement under par. (b) 3. includes a statement of substantial compliance, the statement of substantial compliance must also specify those instances when the employee or cemetery authority did not fully comply with sub. (2), (3) (a) or (b) or (5). (d) A certification under this subsection is effective for the 12month period immediately following the date on which the certification is filed with the board. (e) During the effective period specified under par. (d), the board may not audit the preneed trust funds or any records or accounts relating to the preneed trust funds of the cemetery authority or any employee of the cemetery to which a certification under this subsection applies. (f) The religious association that is affiliated with a cemetery to which a certification under this subsection applies is liable for the damages of any person that result from the failure of any employee specified under par. (b) 2. or the cemetery authority to fully comply with sub. (2), (3) (a) or (b) or (5) during the 12month period for which such compliance has been certified under this subsection. (10) EXEMPTIONS; CERTAIN CEMETERIES. This section does not apply to a cemetery authority that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m). History: 1989 a. 307; 1991 a. 16, 32, 39, 269; 1993 a. 16; 1995 a. 27 ss. 6605, 9116 (5); 1995 a. 295; 1997 a. 79, 191; 1999 a. 9; 2005 a. 25, 213, 254; 2007 a. 20, 174; 2011 a. 32; 2015 a. 237; 2017 a. 329; 2021 a. 258.
May 22, 2026, are designated by NOTES. (Published 5-22-26)
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440.93 Disciplinary actions and proceedings. (1) The board may reprimand a licensee or deny, limit, suspend, or revoke a certificate of licensure of a cemetery authority, cemetery salesperson, or preneed seller if it finds that the applicant or licensee, or, if the applicant or licensee is an association, partnership, limited liability company, or corporation, any officer, director, trustee, member, or shareholder who beneficially owns, holds, or has the power to vote 5 percent or more of any class of security issued by the applicant or licensee, has done any of the following: (a) Made a material misstatement in an application for a certificate or for renewal of a certificate. (b) Made a substantial misrepresentation or false promise to an individual to influence the individual to purchase a cemetery lot, cemetery merchandise or mausoleum space. (c) Engaged in any practice relating to the sale of a cemetery lot, cemetery merchandise or mausoleum space which clearly demonstrates a lack of knowledge or ability to apply professional principles or skills. (d) Subject to ss. 111.321, 111.322 and 111.335, been convicted of an offense the circumstances of which substantially relate to the sale of a cemetery lot, cemetery merchandise or mausoleum space. (e) Advertised in a manner that is false, deceptive or misleading. (f) Subject to ss. 111.321, 111.322 and 111.34, engaged in any practice relating to the sale of a cemetery lot, cemetery merchandise or mausoleum space while the person’s ability to practice was impaired by alcohol or other drugs. (g) Violated this subchapter or any rule promulgated under this subchapter. (2) The board shall determine in each case the period that a limitation, suspension or revocation of a certificate is effective. This subsection does not apply to a limitation or suspension under s. 440.13 (2) (a). History: 1989 a. 307; 1993 a. 112; 1997 a. 191; 2005 a. 25; 2015 a. 237.
440.945 Cemetery monuments. (1) DEFINITIONS. In this section: (a) “Installed” means permanently affixed to a cemetery lot. (b) “Monument” means any object made of granite, bronze, marble, stone, cement or other permanent material that is installed or intended to be installed to identify or memorialize human remains. (c) “Vendor” means a person who sells, delivers, installs or cares for a monument, other than the cemetery authority of the cemetery in which the monument is installed. (2) CEMETERY AUTHORITY POWERS. A cemetery authority may do any of the following: (a) Adopt regulations, consistent with this section and with standards that the cemetery authority uses for its own monument installations, prescribing requirements and procedures for the sale, delivery, installation or care of monuments, including requirements that each vendor provide reasonable advance notice to the cemetery authority of the date on which the vendor desires to install a monument; that each vendor carry worker’s compensation insurance and a minimum amount of comprehensive general liability insurance, such minimum amount not to exceed $300,000; and that each owner of a cemetery lot pay all fees and other amounts due the cemetery authority to satisfy any encumbrances pertaining to the cemetery lot before a monument is installed. (b) Assist a vendor in marking the location for a monument and inspect the installation of the monument to ensure that it is properly installed by the vendor. (c) Charge either the owner of a cemetery lot or a vendor a
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reasonable fee to cover the cemetery authority’s labor costs. In this paragraph, “labor costs” means the amount, calculated in accordance with generally accepted accounting principles and practices, that is payable to employees of the cemetery authority for wages and fringe benefits for the period that the employees were engaged in marking the location for and inspecting the installation of the monument to ensure that it was properly installed, and may include any general administrative or overhead costs of the cemetery authority or any other costs that are directly related to marking the location for and inspecting the installation of the monument to ensure that it was properly installed. (3) DISCLOSURE OF INFORMATION TO CONSUMERS. (a) Every cemetery authority shall keep on file and make available for inspection and copying to owners and prospective purchasers of cemetery lots and to other interested persons all of the following information: 1. An itemized list of the amounts charged for any services provided by the cemetery authority relating to the finishing, installation or care of monuments. 2. Any regulations adopted under sub. (2) (a). (b) Upon the request of any person who is interested in purchasing a monument from a cemetery authority or a vendor, the cemetery authority or vendor shall provide the person with an itemized list of the amount charged for each finished monument in which the person is interested and for any services that may be provided by the cemetery authority or vendor relating to the installation or care of the monument. (4) PROHIBITED CONDUCT. (a) A cemetery authority may not do any of the following: 1. Require the owner or purchaser of a cemetery lot to purchase a monument or services related to the installation of a monument from the cemetery authority. 2. Restrict the right of the owner or purchaser of a cemetery lot to purchase a monument or services related to the installation of a monument from the vendor of his or her choice. 3. Except as provided in sub. (2) (c), charge the owner or purchaser of a cemetery lot a fee for purchasing a monument or services related to the installation of a monument from a vendor, or charge a vendor a fee for delivering or installing the monument. Nothing in this subdivision shall be construed to prohibit a cemetery authority from charging the owner or purchaser of a cemetery lot a reasonable fee for services relating to the care of a monument. 4. Discriminate against any owner or purchaser of a cemetery lot who has purchased a monument or services related to the installation of a monument from a vendor. (b) A vendor may not falsely represent to any person any regulations adopted by a cemetery authority under sub. (2) (a) or falsely represent to any person the vendor’s relationship with a cemetery authority. (5) ENFORCEMENT. (a) If the board has reason to believe that any person is violating this section and that the continuation of that activity might cause injury to the public interest, the board may investigate. (b) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this section. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may re-
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quest the board to exercise its authority under par. (a) to aid in the investigation of alleged violations of this section. (c) In lieu of instituting or continuing an action under this subsection, the department of justice may accept a written assurance of discontinuance of any act or practice alleged to be a violation of this section from the person who has engaged in the act or practice. An assurance entered into under this paragraph shall not be considered evidence of a violation of this section, but a violation of the assurance shall be treated as a violation of this section. History: 1989 a. 95; 1989 a. 307 ss. 84, 86; Stats. 1989 s. 440.945; 2011 a. 32; 2015 a. 237.
440.947 Disclosures and representations for certain sales. (1) In this section: (a) “Cash advance item” means personal property or a service that is obtained by a person from a 3rd party and that is paid for by the person on behalf of, and subject to reimbursement from, a buyer of a casket, outer burial container or cemetery merchandise from the person. “Cash advance item” includes cemetery or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or vocalists, nurses, obituary notices, gratuities and death certificates. (b) “Direct cremation service” means the disposition of human remains by cremation without any formal viewing, visitation or ceremony in which the body of the deceased is present. (c) “Outer burial container” has the meaning given in s. 157.061 (11g). (d) “Person” does not include a person issued a funeral director’s license under ch. 445 or an operator of a funeral establishment, as defined in s. 445.01 (7). (2) No person may sell or offer for sale a casket, outer burial container or cemetery merchandise unless the person has provided to the buyer, prior to the sale, a price list in a clearly legible and conspicuous format that includes each of the following: (a) The name, address and telephone number of the person’s place of business. (b) The effective date of the price list. (c) The price and a description of each type of casket, outer burial container and cemetery merchandise that the person usually offers for sale without special ordering. A description required under this paragraph shall enable a buyer to identify and understand the specific casket, outer burial container or cemetery merchandise that is offered for sale. (d) If the person usually offers an outer burial container for sale without special ordering, a statement that is identical to the following: “State law does not require that you buy a container to surround the casket in the grave. However, many cemeteries require that you have such a container so that the grave will not sink in. Either a grave liner or a burial vault will satisfy these requirements.” (e) The price and a description of any direct cremation or burial service offered by the person and, if the person offers direct cremation service, a statement that is identical to the following: “If you want to arrange a direct cremation, you can use an alternative container. Alternative containers encase the body and can be made of materials like fiberboard or composition materials (with or without an outside covering). The containers that we provide are .... [insert a description of the containers offered for direct cremation].” (f) The price and a description of any service offered by the person for the use any facilities, equipment or staff related to a viewing, funeral ceremony, memorial service or graveside service.
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(g) The amount and a description of any basic service fee that is charged in addition to any price described under pars. (c), (e) or (f). (3) A person who sells a casket, outer burial container or cemetery merchandise shall, immediately after completing the sale, provide the buyer with a form in a clearly legible and conspicuous format that includes each of the following: (a) The price and a description of the casket, outer burial container or cemetery merchandise. (b) The price and a description of any service specified in sub. (2) (e) or (f) that is sold in addition to the casket, outer burial container or cemetery merchandise. (c) The amount and a description of any basic service fee that is charged in addition to any price described under par. (a) or (b). (d) A statement that the buyer may be charged only for the items that he or she has selected or that are required by law and a description and explanation of any items that he or she is required by law to purchase. (e) A description of any charge for a cash advance item, including any commission, discount or rebate that the person receives for a cash advance item from the 3rd party from which the cash advance item is obtained and that the person does not pass on to the buyer. (4) No person who sells a casket, outer burial container or cemetery merchandise may do any of the following: (a) Provide inaccurate information regarding the information specified in sub. (2) (c), (e), (f) or (g) to a prospective buyer who contacts the person by telephone. (b) Represent that state or local law requires a prospective buyer to purchase a casket for a direct cremation service. (c) Misrepresent to a prospective buyer any requirement under federal, state or local law or under the rules of any cemetery, mausoleum or crematory relating to the use of a casket, outer burial container or cemetery merchandise. (d) Represent that any casket, outer burial container or cemetery merchandise will delay the natural decomposition of human remains for a long or indefinite period of time. (e) Require a buyer to pay an additional fee or surcharge if the buyer purchases a casket, outer burial container or cemetery merchandise from a 3rd party. (f) Alter a price specified in sub. (2) (c), (e), (f) or (g) based on the type of casket, outer burial container or cemetery merchandise purchased by a buyer. (5) A person who sells a casket, outer burial container or cemetery merchandise shall retain a copy of the price list specified in sub. (2) (intro.) for at least one year after the date of its last distribution to a prospective buyer and shall retain a copy of each form that is provided to a buyer under sub. (3) (intro.) for at least one year after completion of a sale. A person required to retain a copy under this subsection shall make the copy available for inspection by the board upon request. History: 1999 a. 9; 2015 a. 237.
440.95 Penalties. (1) Any cemetery authority that is required to be licensed under s. 440.91 (1) and that knowingly fails to be licensed may be fined not more than $100. (2) Any individual who is required to register as a cemetery salesperson under s. 440.91 (2) and who fails to register may be fined not less than $25 nor more than $200 or imprisoned for not more than 6 months or both. (3) Except as provided in subs. (1) and (2), any person who violates s. 440.91 or 440.947 or any rule promulgated under s. 440.91 may be fined not more than $5,000 or imprisoned for not more than 6 months, or both, for the first offense and may be
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fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense. (4) Any person who intentionally does any of the following may be fined not more than $5,000 or imprisoned for not more than 90 days, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 9 months, or both, for each subsequent offense: (a) Fails to register as a preneed seller as required under s. 440.92 (1) (a). (b) Fails to deposit or invest preneed trust funds or care funds as required under s. 440.92 (3). (c) Fails to file a report or files an incomplete, false or misleading report under s. 440.92 (6). (d) Files a false or misleading certification under s. 440.92 (9). (5) Except as provided in sub. (4), any person who violates s. 440.92 or any rule promulgated under s. 440.92 may be required to forfeit not more than $200 for each offense. Each day of continued violation constitutes a separate offense. (6) (a) Any cemetery authority or vendor that fails to disclose information to consumers in violation of s. 440.945 (3) may be required to forfeit not more than $200. (b) Any cemetery authority or vendor that violates s. 440.945 (4) may be required to forfeit not more than $200 for the first offense and may be required to forfeit not more than $500 for the 2nd or any later offense within a year. The period shall be measured by using the dates of the offenses that resulted in convictions. History: 1989 a. 307 ss. 75, 87; 1999 a. 9; 2005 a. 25; 2015 a. 237.
440.955 Injunctive relief. Notwithstanding s. 440.21, if it appears upon complaint to the board by any person, or if it is known to the board, that any person is operating a cemetery, practicing as a cemetery salesperson, or practicing as a cemetery preneed seller without a license required under this subchapter, the board, the attorney general, or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice. History: 2015 a. 237 s. 122; 2017 a. 365 s. 110.
SUBCHAPTER XI HOME INSPECTORS Cross-reference: See also ch. SPS 131, Wis. adm. code.
440.97 Definitions. In this subchapter: (1) “Client” means a person who contracts with a home inspector for a home inspection. (2) “Compensation” means direct or indirect payment, including the expectation of payment whether or not actually received. (2m) “Defect” means a condition of any component of an improvement that a home inspector determines, on the basis of the home inspector’s judgment on the day of an inspection, would significantly impair the health or safety of occupants of a property or that, if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the component of the improvement. (3) “Dwelling unit” means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others. (4) “Home inspection” means the process by which a home inspector examines the observable systems and components of
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improvements to residential real property that are readily accessible. (5) “Home inspection report” means a written opinion of a home inspector concerning all of the following: (a) The condition of the improvements to residential real property that contains not more than 4 dwelling units. (b) The condition of mechanical and structural components of the improvements specified in par. (a). (6) “Home inspector” means an individual who, for compensation, conducts a home inspection. (7) “Technically exhaustive” means the extensive use of measurements, instruments, testing, calculations and other means to develop scientific or engineering findings, conclusions or recommendations. History: 1997 a. 81; 2017 a. 338; 2021 a. 17.
440.971 Registry established. The department shall establish a registry of home inspectors. History: 1997 a. 81.
440.9712 Registration required. (1) Except as provided in s. 440.9715, no individual may act as a home inspector, use the title “home inspector”, use any title or description that implies that he or she is a home inspector or represent himself or herself to be a home inspector unless the individual is registered under this subchapter. (1m) No business entity may provide home inspection services unless each of the home inspectors employed by the business entity is registered under this subchapter. (2) No business entity may use, in connection with the name or signature of the business entity, the title “home inspectors” to describe the business entity’s services, unless each of the home inspectors employed by the business entity is registered under this subchapter. History: 1997 a. 81.
440.9715 Applicability. A registration is not required under this subchapter for any of the following: (1) An individual who conducts a home inspection while lawfully practicing within the scope of a license, permit or certificate granted to that individual by a state governmental agency. (2) An individual who constructs, repairs or maintains improvements to residential real property, if the individual conducts home inspections only as part of his or her business of constructing, repairing or maintaining improvements to real property and if the individual does not describe himself or herself as a registered home inspector or convey the impression that he or she is a registered home inspector. (3) An individual who conducts home inspections in the normal course of his or her employment as an employee of a federal, state or local governmental agency. History: 1997 a. 81.
440.972 Registration of home inspectors. (1) The department shall register an individual under this subchapter if the individual does all of the following: (a) Submits an application for registration to the department on a form provided by the department. (b) Pays the fee specified in s. 440.05 (1). (bg) Submits evidence satisfactory to the department that he or she has completed at least 40 hours of instruction approved by the department under s. 440.974 (1) (ag). (c) Submits evidence satisfactory to the department that he or she is not subject to a pending criminal charge, or has not been convicted of a felony, misdemeanor or other offense, the circum-
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stances of which substantially relate to the practice of home inspection. (d) Passes an examination under s. 440.973 (1). (1m) The department shall register an individual under this subchapter if the individual is registered or licensed in good standing as a home inspector in another state, the individual complies with sub. (1) (a), (b), (c), and (d), and the other state has requirements that the department determines meet or exceed those required under sub. (1). (2) The renewal date for certificates granted under this section is specified under s. 440.08 (2) (a) 38g., and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a). History: 1997 a. 81; 2007 a. 20; 2021 a. 17.
440.973 Examinations. (1) No person may be registered under this subchapter unless he or she passes an examination approved by the department. In approving an examination under this subsection, the department shall consider the use of an examination that is similar to an examination that is required for membership in the American Society of Home Inspectors. (2) The department shall conduct examinations for home inspector registration at least semiannually at times and places determined by the department. (3) An individual is not eligible for examination unless the individual has satisfied the requirements for registration under s. 440.972 (1) (a) and (b) at least 30 days before the date of the examination. History: 1997 a. 81; 2021 a. 17.
440.974 Rules. (1) The department shall promulgate rules necessary to administer this subchapter, including rules to establish all of the following: (a) Standards for acceptable examination performance by an applicant for registration. (ag) Standards for instruction for purposes of the requirement under s. 440.972 (1) (bg). (b) Subject to s. 440.975, standards for the practice of home inspection by home inspectors and standards for specifying the mechanical and structural components of improvements to residential real property that are included in a home inspection. The rules promulgated under this paragraph shall include standards for the inspection of carbon monoxide detectors. The rules promulgated under this paragraph may not require a home inspector to use a specified form for the report required under s. 440.975 (3). (c) Subject to s. 440.975, the information that a home inspector is required to provide to a client concerning the results of the home inspection conducted by the home inspector. (2) The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least 40 hours of continuing education every 2 years, except that the rules may not require continuing education for an applicant for renewal of a registration that expires on the 1st and 2nd renewal dates after the date on which the department initially granted the registration. History: 1997 a. 81; 2009 a. 158; 2013 a. 124; 2021 a. 17.
440.975 Standards of practice. (1) In this section, “reasonably competent and diligent inspection” means an inspection that complies with the standards established under this subchapter or the rules promulgated under this subchapter. (2) A home inspector shall perform a reasonably competent and diligent inspection to detect observable conditions of an improvement to residential real property. Except for removing an
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access panel that is normally removed by an occupant of residential real property, this subsection does not require a home inspector to disassemble any component of an improvement to residential real property. A reasonably competent and diligent inspection under this subsection is not required to be technically exhaustive. (3) After completing a home inspection, a home inspector shall submit a written report to a client that does all of the following: (a) Lists the components of an improvement to residential real property that the home inspector is required to inspect under the rules promulgated under s. 440.974 (1) (b). (b) Lists the components of an improvement to residential real property that the home inspector has inspected. (bm) States the property address, the name of the home inspector who conducted the home inspection, the date of the home inspection, the names of the individuals who prepared the report, the date the report was prepared, and, if applicable, the date the report was revised. (cm) Describes any defect that is detected by the home inspector during his or her home inspection. A home inspector shall use the term “defect” in describing a condition in the written report required under this subsection if the home inspector believes the condition satisfies the definition of “defect” under s. 440.97 (2m). (cr) 1. Includes a summary page that includes at least all of the following: a. A list of conditions, labeled as defects, that are observed under par. (cm) to be defects, as defined in s. 440.97 (2m). b. Other than items labeled as defects, a listing of components needing repairs, components needing further evaluation, items to monitor, and maintenance items. 2. The summary page shall include references to the page, heading, or item number in the detailed account for further information. 3. The summary page shall include all of the following statements: NOTE: This summary page is provided for convenience and is not a substitute for reading the entire report and should not be relied upon as the complete list for the client’s reference. For the purposes of the report, “defect,” as defined in section 440.97 (2m), Wis. Stats., means a condition of any component of an improvement that a home inspector determines, on the basis of the home inspector’s judgment on the day of an inspection, would significantly impair the health or safety of occupants of a property or that, if not repaired, removed, or replaced, would significantly shorten or adversely affect the expected normal life of the component of the improvement. The contract of sale may define “defect” to also include a condition that would have a significant adverse effect on the value of the property, but such a condition may not be labeled a defect in the report unless it meets the definition in section 440.97 (2m), Wis. Stats. NOTE: A home inspector may not report on the market value or marketability of a property or whether a property should or should not be purchased. (d) Provides any other information that the home inspector is required to provide under the rules promulgated under s. 440.974 (1) (c). (4) A home inspector is not required to report on any of the following: (a) The life expectancy of an improvement to residential real property or a component of an improvement to residential real property. (b) The cause of the need for any major repair to an improve-
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ment to residential real property or a component of an improvement to residential real property. (c) The method of making any repair or correction, the materials needed for any repair or correction or the cost of any repair or correction. (d) The suitability for any specialized use of an improvement to residential real property. (e) Whether an improvement to residential real property or a component of an improvement to residential real property complies with applicable regulatory requirements. (f) The condition of any component of an improvement to residential real property that the home inspector was not required to inspect under the rules promulgated under s. 440.974 (1) (b). (5) A home inspector may not report, either in writing or verbally, on any of the following: (a) The market value or marketability of a property. (b) Whether a property should or should not be purchased. (6) This section does not require a home inspector to do any of the following: (a) Offer a warranty or guarantee of any kind. (b) Calculate the strength, adequacy or efficiency of any component of an improvement to residential real property. (c) Enter any area or perform any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other persons. (d) Operate any component of an improvement to residential real property that is inoperable. (e) Operate any component of an improvement to residential real property that does not respond to normal operating controls. (f) Disturb insulation or move personal items, furniture, equipment, vegetation, soil, snow, ice or debris that obstructs access to or visibility of an improvement to residential real property or a component of an improvement to residential real property. (g) Determine the effectiveness of a component of an improvement to residential real property that was installed to control or remove suspected hazardous substances. (h) Predict future conditions, including the failure of a component of an improvement to residential real property. (i) Project or estimate the operating costs of a component of an improvement to residential real property. (j) Evaluate acoustic characteristics of a component of an improvement to residential real property. (k) Inspect for the presence or absence of pests, including rodents, insects and wood-damaging organisms. (L) Inspect cosmetic items, underground items or items not permanently installed. (m) Inspect for the presence of any hazardous substances. (7) A home inspector may not do any of the following: (a) Perform or offer to perform any act or service contrary to law. (b) Deliver a home inspection report to any person other than the client without the client’s consent. (c) Perform a home inspection for a client with respect to a transaction if the home inspector, a member of the home inspector’s immediate family or an organization or business entity in which the home inspector has an interest, is a party to the transaction and has an interest that is adverse to that of the client, unless the home inspector obtains the written consent of the client. (d) Accept any compensation from more than one party to a transaction for which the home inspector has provided home in-
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spection services without the written consent of all of the parties to the transaction. (e) Pay or receive, directly or indirectly, in full or in part, for a home inspection or for the performance of any construction, repairs, maintenance or improvements regarding improvements to residential real property that is inspected by him or her, a fee, a commission, or compensation as a referral or finder’s fee, to or from any person who is not a home inspector. (8) This section does not prohibit a home inspector from doing any of the following: (a) Reporting observations or conditions in addition to those required under this section or the rules promulgated under this section. (b) Excluding a component of an improvement to residential real property from the inspection, if requested to do so by his or her client. (c) Engaging in an activity that requires an occupation credential if he or she holds the necessary credential. History: 1997 a. 81; 2017 a. 338; 2021 a. 17.
440.976 Disclaimers or limitation of liability. No home inspector may include, as a term or condition in an agreement to conduct a home inspection, any provision that disclaims the liability, or limits the amount of damages for liability, of the home inspector for his or her failure to comply with the standards of practice prescribed in this subchapter or in rules promulgated under this subchapter. History: 1997 a. 81.
440.977 Liability of home inspectors. (1) Notwithstanding s. 893.54, an action to recover damages for any act or omission of a home inspector relating to a home inspection that he or she conducts shall be commenced within 2 years after the date that a home inspection is completed or be barred. The period of limitation under this subsection may not be reduced by agreement. (2) A home inspector is not liable to a person for damages that arise from an act or omission relating to a home inspection that he or she conducts if that person is not a party to the transaction for which the home inspection is conducted. History: 1997 a. 81.
440.978 Discipline; prohibited acts. (1) Subject to the rules promulgated under s. 440.03 (1), the department may make investigations or conduct hearings to determine whether a violation of this subchapter or any rule promulgated under this subchapter has occurred. (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a home inspector or deny, limit, suspend or revoke a certificate under this subchapter if the department finds that the applicant or home inspector has done any of the following: (a) Made a material misstatement in an application for a certificate or renewal of a certificate. (b) Engaged in conduct while practicing as a home inspector that evidences a lack of knowledge or ability to apply professional principles or skills. (c) Subject to ss. 111.321, 111.322 and 111.335, been arrested or convicted of an offense committed while registered under this subchapter. (d) Advertised in a manner that is false, deceptive or misleading. (e) Advertised, practiced or attempted to practice as a home inspector under another person’s name. (f) Allowed his or her name to be used by another person
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while the other person was practicing or attempting to practice as a home inspector. (g) Subject to ss. 111.321, 111.322 and 111.34, practiced as a home inspector while the individual’s ability to practice was impaired by alcohol or other drugs. (h) Acted as a home inspector in connection with a transaction in which he or she was also an appraiser or broker. (i) Performed, or agreed to perform, for compensation any repairs, maintenance or improvements on any property less than 2 years after he or she conducts a home inspection, without the written consent of the property owner given before the home inspection occurred. (j) Prevented or attempted to prevent a client from providing a copy of, or any information from, a home inspection report done by the home inspector in connection with a transaction to any interested party to the transaction. (k) Failed to provide a home inspection report to a client by the date agreed on by the home inspector and the client or, if no date was agreed on, within a reasonable time after completing the inspection. (m) Violated this subchapter or any rule promulgated under this subchapter. (3) In addition to or in lieu of proceeding under sub. (2), the department may assess against a person who has engaged in any of the practices specified in sub. (2) a forfeiture of not more than $1,000 for each separate offense. (5) The department may, as a condition of removing a limitation on a certificate issued under this subchapter or of reinstating a certificate that has been suspended or revoked under this subchapter, do any of the following: (a) Require the home inspector to obtain insurance against loss, expense and liability resulting from errors and omissions or neglect in the performance of services as a home inspector. (b) Require the home inspector to file with the department a bond that is furnished by a company authorized to do business in this state and is in an amount approved by the department. History: 1997 a. 81; 2021 a. 17.
440.979 Report by department. The department shall submit an annual report to the legislature under s. 13.172 (2) that describes all of the following: (1) The number of home inspectors who are registered under this subchapter. (2) The number and nature of complaints regarding home inspections that are received by the department from clients of home inspectors. (3) The number and nature of complaints regarding home inspections that are received by the department from persons who are not clients of home inspectors. (4) An estimate of the cost of complying with this subchapter that is incurred by home inspectors. (5) The cost incurred by the department in carrying out its duties under this subchapter. History: 1997 a. 81; 1999 a. 32 s. 311.
SUBCHAPTER XII SANITARIANS Cross-reference: See also chs. SPS 174, 175, 176, and 177, Wis. adm. code.
440.98 Sanitarians; qualifications, duties, registration. (1) DEFINITIONS. In this section: (a) “Municipality” means a county, city or village. (b) “Sanitarian” means an individual who, through education,
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training or experience in the natural sciences and their application and through technical knowledge of prevention and control of preventable diseases, is capable of applying environmental control measures so as to protect human health, safety and welfare. (2) REGISTRATION QUALIFICATIONS. In order to safeguard life, health and property, to promote public welfare and to establish the status of those persons whose duties in environmental sanitation call for knowledge of the natural sciences, the department may establish minimum standards and qualifications for the registration of sanitarians. (3) SANITARIANS; EMPLOYMENT OR CONTRACTUAL SERVICES. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes under chs. 250 to 256 or rules promulgated under those statutes. (5) REGISTRATION. Except as provided in s. 440.12 or 440.13, the department shall register as a sanitarian any person who satisfies the conditions in sub. (6) and who has presented evidence satisfactory to the department that sanitarian registration standards and qualifications of the department, as established by rule, have been met. (6) APPLICATIONS. An application for a sanitarian registration under this section shall be made on a form provided by the department and filed with the department and shall be accompanied by the initial credential fee determined by the department under s. 440.03 (9) (a). The renewal date for a sanitarian registration is specified under s. 440.08 (2) (a), and the renewal fee for such registration is determined by the department under s. 440.03 (9) (a). (7) RECIPROCITY. The department may by rule set standards for sanitarians registered in other states to practice as registered sanitarians in this state. (8) REVOCATION OF REGISTRATION. The department may, after a hearing held in conformance with ch. 227, revoke, deny, suspend, or limit under this subchapter the registration of any sanitarian, or reprimand the sanitarian, for practice of fraud or deceit in obtaining the registration or any unprofessional conduct, incompetence, or professional negligence. (9) FORFEITURE. In addition to or in lieu of a reprimand or a denial, limitation, suspension, or revocation of a registration under sub. (8), the department may assess against any person a forfeiture of not less than $100 nor more than $1,000 for each violation under sub. (8). History: 1975 c. 414 s. 28; 1977 c. 29, 418; 1983 a. 189; 1985 a. 182 s. 57; 1987 a. 27; 1993 a. 27 s. 223; Stats. 1993 s. 250.05; 1997 a. 191, 237; 1999 a. 9; 2005 a. 25 ss. 2120 to 2128; Stats. 2005 s. 440.70; 2005 a. 25 ss. 2121 to 2130, 2336m, 2337; 2005 a. 254 s. 35; 2007 a. 20, 130.
SUBCHAPTER XIII LICENSED MIDWIVES Cross-reference: See also chs. SPS 180, 181, 182, and 183, Wis. adm. code.
440.9805 Definitions. In this subchapter: (1) “Health care provider” means a health care provider, as defined in s. 146.81 (1) (a) to (p), a person licensed or issued a training permit as an emergency medical services practitioner under s. 256.15, or a person certified as an emergency medical responder under s. 256.15 (8) (a). (2) “Licensed midwife” means a person who has been granted a license under this subchapter to engage in the practice of midwifery. (3) “Practice of midwifery” means providing maternity care during the antepartum, intrapartum, and postpartum periods. History: 2005 a. 292; 2007 a. 97 s. 185; 2007 a. 130; 2009 a. 28; 2017 a. 12.
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440.981 Use of title; penalty. (1) No person may use the title “licensed midwife,” describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this subchapter or is licensed as an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09. NOTE: Sub. (1) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads: (1) No person may use the title “licensed midwife,” describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this subchapter or is licensed as a nurse-midwife under s. 441.15.
(2) Any person who violates sub. (1) may be fined not more than $250, imprisoned not more than 3 months, or both. History: 2005 a. 292; 2025 a. 17.
440.982 Licensure. (1) No person may engage in the practice of midwifery unless the person is granted a license under this subchapter, is granted a temporary permit pursuant to a rule promulgated under s. 440.984 (2m), or is licensed as an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09. NOTE: Sub. (1) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads: (1) No person may engage in the practice of midwifery unless the person is granted a license under this subchapter, is granted a temporary permit pursuant to a rule promulgated under s. 440.984 (2m), or is licensed as a nursemidwife under s. 441.15.
(1m) Except as provided in sub. (2), the department may grant a license to a person under this subchapter if all of the following apply: (a) The person submits an application for the license to the department on a form provided by the department. (b) The person pays the initial credential fee determined by the department under s. 440.03 (9) (a). (c) The person submits evidence satisfactory to the department of one of the following: 1. The person holds a valid certified professional midwife credential granted by the North American Registry of Midwives or a successor organization. 2. The person holds a valid certified nurse-midwife credential granted by the American College of Nurse Midwives or a successor organization. (d) The person submits evidence satisfactory to the department that the person has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. (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, 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, 948.072, 948.075, 948.08, 948.081, 948.09, 948.095, 948.10, 948.11, 948.12, or 948.125 or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies. History: 2005 a. 292; 2007 a. 20, 104, 116; 2013 a. 362; 2017 a. 128; 2023 a. 224; 2025 a. 17, 88.
440.983 Renewal of licensure. (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). (2) A licensed midwife shall, at the time that he or she applies for renewal of a license under sub. (1), submit proof satisfactory to the department of all of the following: (a) He or she holds a valid certified professional midwife cre-
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dential from the North American Registry of Midwives or a successor organization or a valid certified nurse-midwife credential from the American College of Nurse Midwives or a successor organization. (b) He or she has current proficiency in the use of an automated external defibrillator achieved through instruction provided by an individual, organization, or institution of higher education approved under s. 46.03 (38) to provide such instruction. History: 2005 a. 292; 2007 a. 20, 104.
440.984 Rule making. (1) The department shall promulgate rules necessary to administer this subchapter. Except as provided in subs. (2), (2m), and (3), any rules regarding the practice of midwifery shall be consistent with standards regarding the practice of midwifery established by the National Association of Certified Professional Midwives or a successor organization. (2) The rules shall allow a licensed midwife to administer oxygen during the practice of midwifery. (2m) The rules shall provide for the granting of temporary permits to practice midwifery pending qualification for licensure. (3) The rules may allow a midwife to administer, during the practice of midwifery, oxytocin (Pitocin) as a postpartum antihemorrhagic agent, intravenous fluids for stabilization, vitamin K, eye prophylactics, and other drugs or procedures as determined by the department. (4) The rules may not do any of the following: (a) Require a licensed midwife to have a nursing degree or diploma. (b) Require a licensed midwife to practice midwifery under the supervision of, or in collaboration with, another health care provider. (c) Require a licensed midwife to enter into an agreement, written or otherwise, with another health care provider. (d) Limit the location where a licensed midwife may practice midwifery. (e) Permit a licensed midwife to use forceps or vacuum extraction. History: 2005 a. 292.
440.985 Informed consent. A licensed midwife shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and disclose to the client orally and in writing all of the following: (1) The licensed midwife’s experience and training. (2) Whether the licensed midwife has malpractice liability insurance coverage and the policy limits of any such coverage. (3) A protocol for medical emergencies, including transportation to a hospital, particular to each client. (4) Any other information required by department rule. History: 2005 a. 292.
440.986 Disciplinary proceedings and actions. (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. (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a licensed midwife or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that the applicant or the licensed midwife has done any of the following: (a) Intentionally made a material misstatement in an application for a license or for renewal of a license. (b) Subject to ss. 111.321, 111.322, and 111.34, practiced
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midwifery while his or her ability to engage in the practice was impaired by alcohol or other drugs. (c) Advertised in a manner that is false or misleading. (d) In the course of the practice of midwifery, made a substantial misrepresentation that was relied upon by a client. (e) In the course of the practice of midwifery, engaged in conduct that evidences an inability to apply the principles or skills of midwifery. (f) Obtained or attempted to obtain compensation through fraud or deceit. (g) Allowed another person to use a license granted under this subchapter. (h) Violated any law of this state or federal law that substantially relates to the practice of midwifery, violated this subchapter, or violated any rule promulgated under this subchapter. (3) Subject to the rules promulgated under s. 440.03 (1), the department shall revoke a license granted under this subchapter if the licensed midwife is convicted of any of the offenses specified in s. 440.982 (2). History: 2005 a. 292.
440.987 Advisory committee. If the department appoints an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of licensed midwives, the committee shall consist of only the following: (1) Two members who are licensed midwives. (2) One member who is licensed as an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09 and who practices in an out-of-hospital setting. NOTE: Sub. (2) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads: (2) One member who is licensed as a nurse-midwife under s. 441.15 and who practices in an out-of-hospital setting.
(3) One member who is a physician specializing in obstetrics and gynecology. (4) One public member who has received midwifery care in an out-of-hospital setting. History: 2005 a. 292; 2025 a. 17.
440.988 Vicarious liability. No health care provider shall be liable for an injury resulting from an act or omission by a licensed midwife, even if the health care provider has consulted with or accepted a referral from the licensed midwife. History: 2005 a. 292.
SUBCHAPTER XIV UNIFORM ATHLETE AGENTS ACT Cross-reference: See also chs. SPS 150 to 154, Wis. adm. code.
440.99 Definitions. In this subchapter: (1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional-sports-services contract or an endorsement contract. (2) (a) “Athlete agent” means an individual, whether or not registered under this subchapter, who does any of the following: 1. Directly or indirectly recruits or solicits or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization. 2. For compensation or in anticipation of compensation in connection with a student athlete’s participation in athletics, does any of the following:
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a. Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the educational institution for the benefit of the educational institution. b. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes. 3. In anticipation of representing a student athlete for a purpose related to the student athlete’s participation in athletics, does any of the following: a. Gives consideration to the student athlete or another person. b. Serves the student athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions. c. Manages the business affairs of the student athlete by providing assistance with bills, payments, contracts, or taxes. (b) “Athlete agent” does not include the following: 1. An individual who acts solely on behalf of a professional sports team or organization. 2. An individual who is a licensed, registered, or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual does any of the following: a. Recruits or solicits. b. For compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the student athlete as a professional athlete or member of a professional sports team or organization. c. Receives consideration for providing the services, and the consideration is calculated using a different method than for an individual who is not a student athlete. (3) “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. (4r) “Educational institution” includes all of the following, whether public or private: (a) An elementary school. (b) A secondary school. (c) A technical or vocational school. (d) A community college. (e) A college. (f) A university. (5) “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the student athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (5d) “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning. (6) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics. (6c) “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges, or universities. (6r) “Licensed, registered, or certified professional” means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate
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broker or sales agent, tax consultant, accountant, or other member of a profession, other than that of athlete agent, who is licensed, registered, or certified by this state or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing. (7) “Professional-sports-services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization. (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (8c) “Recruit or solicit” means attempt to influence the choice of an athlete agent or the choice to enter into an agency contract or both by a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete. The term does not include giving advice with respect to the selection of a particular athlete agent or with respect to entering into an agency contract if the advice is given in a family, coaching, or social situation, unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from an athlete agent. (9) “Registration” means registration as an athlete agent under this subchapter. (9m) “Sign” means any of the following, with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol. (b) To attach to or logically associate with the record an electronic symbol, sound, or process. (10) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (11) “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. If an individual is permanently ineligible to participate in a particular interscholastic or intercollegiate sport, the individual is not a student athlete for purposes of that sport. History: 2003 a. 150; 2019 a. 180; 2021 a. 240 s. 30.
440.9905 Service of process. By acting as an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual’s agent for service of process in any civil action in this state related to the individual’s acting as an athlete agent in this state. History: 2003 a. 150.
440.991 Athlete agents: registration required; void contracts. (1) Except as otherwise provided in sub. (2), an individual may not act as an athlete agent in this state without holding a certificate of registration under s. 440.992 or 440.993. (2) Before being issued a certificate of registration, an individual may act as an athlete agent in this state for all purposes except signing an agency contract, if all of the following are satisfied: (a) A student athlete or another person acting on behalf of the student athlete initiates communication with the individual. (b) Not later than 7 days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this state. (3) An agency contract resulting from conduct in violation of
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this section is void and the athlete agent shall return any consideration received under the contract. History: 2003 a. 150; 2019 a. 180.
440.9915 Registration as athlete agent; form; requirements; reciprocal registration. (1) An applicant for registration as an athlete agent shall submit an application for registration to the department in a form prescribed by the department. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least all of the following: (a) The name, date, and place of birth of the applicant; the address of the applicant’s principal place of business; the work and mobile telephone numbers of the applicant; and means of communicating electronically with the applicant, including facsimile number, electronic mail address, and personal and business or employer Internet sites. (b) A description of each business or employer, if applicable, of the applicant, including the name, mailing address, telephone number, organization form, and nature of the business of the applicant’s business or employer. (bm) Each social media account with which the applicant or the applicant’s business or employer is affiliated. (c) Each business or occupation in which the applicant engaged within 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time. (d) A description of all of the following: 1. The applicant’s formal training as an athlete agent. 2. The applicant’s practical experience as an athlete agent. 3. The applicant’s educational background relating to his or her activities as an athlete agent. (e) The name, or if the student athlete is a minor, the name of the parent or guardian of the minor, sport, and last-known team for each individual for whom the applicant acted as an athlete agent within 5 years before the date of the application. (f) If the athlete agent’s business is not a corporation, the names and addresses of the partners, members, officers, managers, associates, or profit sharers of the business and of all persons directly or indirectly holding an equity interest of 5 percent or more of the business. (g) If the athlete agent is employed by a corporation, the names and addresses of the officers and directors of the corporation and any shareholder of the corporation having an interest of 5 percent or more. (gm) A description of the status of any application by the applicant, or any person named under par. (f) or (g), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license. (h) Whether the applicant or any person named under par. (f) or (g) has been convicted of, or has charges pending for, a crime that, if committed in this state, would be a felony, and a description of the crime, the law enforcement agency involved, and, if applicable, the date of the conviction and the fine or penalty imposed. (he) Whether, within 15 years before the date of the application, the applicant, or any person named under par. (f) or (g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding. (hm) Whether the applicant, or any person named under par. (f) or (g), has an unsatisfied judgment or a judgment of continu-
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ing effect, including for child or family support, maintenance, or spousal support that is not current at the date of the application. (hs) Whether, within 10 years before the date of the application, the applicant, or any person named under par. (f) or (g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt. (i) Whether there has been any administrative or judicial determination that the applicant or any person named under par. (f) or (g) has made a false, misleading, deceptive, or fraudulent representation. (j) Each instance in which the conduct of the applicant or any person named pursuant to par. (f) or (g) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional sports event on a student athlete or a sanction on an educational institution. (k) Each sanction, suspension, or disciplinary action taken against the applicant or any person named under par. (f) or (g) arising out of occupational or professional conduct. (L) Whether there has been any denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant or any person named under par. (f) or (g) as an athlete agent in any state. (m) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent. (n) If the applicant is certified or registered by a professional league or players association, all of the following: 1. The name of the league or association. 2. The date of certification or registration, and the date of expiration of the certification or registration, if any. 3. If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration. (o) All additional information required by the department. (2) (a) Instead of proceeding under sub. (1), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the department all of the following: 1. A copy of the application for registration in the other state. 2. A statement that identifies any material change in the information on the application for registration in the other state or verifies there is no material change in the information, signed under penalty of perjury. 3. A copy of the certificate of registration from the other state. (b) The department shall issue a certificate of registration to an individual who complies with par. (a) and pays the initial credential fee determined by the department under s. 440.03 (9) (a) if the department determines that all of the following are true: 1. The application and registration requirements of the other state are substantially similar to or more restrictive than this subchapter. 2. The registration of the other state has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state. (c) For purposes of implementing par. (b), the department may do all of the following: 1. Cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine
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which states have laws that are substantially similar to or more restrictive than this subchapter. 2. Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies. History: 2003 a. 150; 2019 a. 180; 2021 a. 240 s. 30.
440.992 Certificate of registration; issuance or denial; renewal. (1) Except as otherwise provided in sub. (2), the department shall issue a certificate of registration to an individual who complies with s. 440.9915 (1) if the individual has paid the initial credential fee determined by the department under s. 440.03 (9) (a). (2) The department may refuse to issue a certificate of registration to an applicant for registration under s. 440.9915 (1) if the department determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the department may consider whether the applicant has done any of the following: (a) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a crime that, if committed in this state, would be a felony. (b) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent. (c) Engaged in unprofessional conduct or conduct that would disqualify the applicant from serving in a fiduciary capacity. (d) Engaged in conduct prohibited by s. 440.996. (e) Had a registration as an athlete agent suspended, revoked, or denied or been refused renewal of registration as an athlete agent in any state. (f) Engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional sports event on a student athlete or a sanction on an educational institution. (g) Engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity. (3) In making a determination under sub. (2), the department shall consider each of the following: (a) How recently the conduct occurred. (b) The nature of the conduct and the context in which it occurred. (c) Any other relevant conduct of the applicant. (4) An athlete agent registered under sub. (1) may apply to renew the registration by submitting an application for renewal in a form prescribed by the department. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration. Applications submitted under this subsection shall be open to inspection at all reasonable hours authorized by representatives of the department. (5) An athlete agent registered under s. 440.9915 (2) may renew the registration by proceeding under sub. (4) or, if the registration in the other state has been renewed, by submitting to the department copies of the application for renewal in the other state and the renewed registration from the other state. The department shall renew the registration if it determines that all of the following are true: (a) The registration requirements of the other state are substantially similar to or more restrictive than this subchapter. (b) The renewed registration has not been suspended or revoked and no action involving the athlete agent’s conduct as an athlete agent is pending against the athlete agent or his or her registration in any state.
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(6) A certificate of registration or a renewal of a registration is valid for 2 years. History: 2003 a. 150; 2005 a. 25; 2007 a. 20; 2019 a. 180.
440.9925 Suspension, revocation, or refusal to renew registration. (1) The department may limit, suspend, revoke, or refuse to renew a registration of an individual issued a certificate of registration under s. 440.992 (1) for conduct that would justify refusal to issue a certificate of registration under s. 440.992 (2). (1m) The department may suspend or revoke the registration of an individual issued a certificate of registration under s. 440.9915 (2) or renewed under s. 440.992 (5) for any reason for which the department could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under s. 440.992 (2). (2) The department may deny, limit, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing. History: 2003 a. 150; 2019 a. 180.
440.993 Temporary registration. The department may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. The department shall promulgate rules establishing requirements and procedures for applying for and issuing temporary certificates of registration. History: 2003 a. 150.
440.9935 Renewal. The renewal date for certificates of registration issued under this subchapter is specified in s. 440.08 (2) (a), and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a). Renewal applications shall be submitted to the department on a form provided by the department. History: 2003 a. 150; 2005 a. 25; 2007 a. 20.
440.994 Required form of contract. (1) An agency contract must be in a record, signed by the parties. (2) An agency contract must contain all of the following: (ag) A statement that the athlete agent is registered as an athlete agent in this state and a list of all other states in which the athlete agent is registered as an athlete agent. (ar) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration that the athlete agent has received or will receive from any other source for entering into the contract or for providing the services. (b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract. (c) A description of any expenses that the student athlete agrees to reimburse. (d) A description of the services to be provided to the student athlete. (e) The duration of the contract. (f) The date of execution. (3) Subject to sub. (6), an agency contract must contain a conspicuous notice in boldface type and, in substantially the same form, the following: WARNING TO STUDENT ATHLETE IF YOU SIGN THIS CONTRACT: 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT; 2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE
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THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND 3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT. (3m) An agency contract must be accompanied by a separate record signed by the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledging that signing the contract may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport. (4) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to influence entering into the contract is not required to be returned. (5) At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete a copy in a record of the signed agency contract and the separate acknowledgement required under sub. (3m). (6) If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by sub. (3) must be revised accordingly. History: 2003 a. 150, 326; 2019 a. 180.
440.9945 Notice to educational institution. (1g) In this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. (1r) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll. (2) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that he or she has entered into an agency contract and the name and contact information of the athlete agent. (3) If an athlete agent enters into an agency contract with a student athlete and the student athlete subsequently enrolls at an educational institution, the athlete agent shall notify the athletic director of the educational institution of the existence of the contract not later than 72 hours after the athlete agent knew or should have known the student athlete enrolled. (4) If an athlete agent has a relationship with a student athlete before the student athlete enrolls in an educational institution and receives an athletic scholarship from the educational institution, the athlete agent shall notify the educational institution of the relationship not later than 10 days after the enrollment if the athlete agent knows or should have known of the enrollment and any of the following is true: (a) The relationship was motivated in whole or part by the in-
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tention of the athlete agent to recruit or solicit the student athlete for a future agency contract. (b) The athlete agent directly or indirectly recruited or solicited the student athlete for the purpose of executing an agency contract before the enrollment. (5) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the athlete agent communicates or attempts to communicate with any of the following: (a) The student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to influence the student athlete or parent or guardian to enter into an agency contract. (b) Any individual not identified in par. (a) to have that individual influence the student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete, to enter into an agency contract. (6) If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the student athlete, the athlete agent shall notify in a record the athletic director of any educational institution at which the student athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt. (7) A notice under subs. (1r) to (6) is exempt from disclosure under s. 19.35 (1). (8) An educational institution that becomes aware of a violation of this subchapter by an athlete agent shall notify the department and any professional league or players association with which the educational institution is aware the athlete agent is licensed or registered of the violation. History: 2003 a. 150; 2019 a. 180.
440.995 Student athlete’s right to cancel. (1) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may cancel an agency contract by giving notice in a record of the cancellation to the athlete agent not later than 14 days after the contract is signed. (2) A student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete may not waive the right to cancel an agency contract. (3) If a student athlete, parent, or guardian cancels an agency contract, the student athlete, parent, or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to influence the student athlete to enter into the contract. History: 2003 a. 150; 2019 a. 180.
440.9955 Required records. (1) An athlete agent shall create and retain for 5 years all of the following records: (a) The name and address of each individual represented by the athlete agent. (b) Each agency contract entered into by the athlete agent. (c) The direct costs incurred by the athlete agent in the recruitment or solicitation of each student athlete. (2) Records described in sub. (1) are open to inspection by the department during normal business hours. Upon demand, an athlete agent shall provide a copy of such a record to the department. History: 2003 a. 150; 2019 a. 180.
440.996 Prohibited conduct. (1) An athlete agent may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent: (a) Give a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete materially false or mis-
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leading information or make a materially false promise or representation with the intent to influence the student athlete, parent, or guardian to enter into an agency contract. (b) Furnish a thing of value to a student athlete or another individual, if to do so may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport, unless both of the following apply: 1. The athlete agent notifies the athletic director of the educational institution at which the student athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student athlete intends to enroll, not later than 72 hours after furnishing the thing of value. 2. The student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete acknowledges to the athlete agent in a record that receipt of the thing of value may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport. (2) An athlete agent may not intentionally do any of the following or encourage another individual to do or assist another individual in doing any of the following on behalf of the athlete agent: (a) Initiate contact, directly or indirectly, with a student athlete or, if the student athlete is a minor, a parent or guardian of the student athlete, to recruit or solicit the student athlete, parent, or guardian unless registered under this subchapter. (b) Fail to create or retain or to permit inspection of the records required by s. 440.9955. (c) Fail to register when required by s. 440.991. (d) Provide materially false or misleading information in an application for registration or renewal of registration. (f) Predate or postdate an agency contract. (g) Fail to notify a student athlete or, if the student athlete is a minor, the parent or guardian of the student athlete before the student athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in the loss of the student athlete’s eligibility to participate in the student athlete’s sport. History: 2003 a. 150; 2019 a. 180.
440.9965 Criminal penalties. An athlete agent who violates s. 440.996 may be fined not more than $10,000 or imprisoned for not more than 9 months or both. History: 2003 a. 150.
440.997 Civil remedies. (1) An educational institution or student athlete may bring an action against an athlete agent if the educational institution or student athlete is adversely affected by an act or omission of the athlete agent in violation of this subchapter. An educational institution or student athlete is adversely affected by an act or omission of the athlete agent only if, because of the act or omission, the educational institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution suffers financial damage or is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports. (2m) A plaintiff that prevails in an action under this section may recover actual damages, costs, and, notwithstanding s. 814.04, reasonable attorney fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the athlete agent by or on behalf of the student athlete. (3m) Any violation of this subchapter by an athlete agent is
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440.997
Updated 23-24 Wis. Stats.
SAFETY AND PROFESSIONAL SERVICES
an unfair method of competition and unfair trade practice prohibited under s. 100.20. History: 2003 a. 150; 2019 a. 180.
440.9975 Administrative forfeiture. The department may directly assess a forfeiture against an athlete agent of not more than $50,000 for a violation of this subchapter. History: 2003 a. 150; 2019 a. 180.
440.998 Uniformity of application and construction. In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact the Uniform Athlete Agents Act and Revised Uniform Athlete Agents Act (2015).
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440.9985 Relation to Electronic Signatures in Global and National Commerce Act. This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 to 7031, except that this subchapter does not modify, limit, or supersede 15 USC 7001 (c) or authorize electronic delivery of any of the notices described in 15 USC 7003 (b). History: 2003 a. 150; 2019 a. 180.
440.999 Rules. The department shall promulgate rules that define unprofessional conduct for purposes of s. 440.992 (2) (c). History: 2003 a. 150.
History: 2003 a. 150; 2019 a. 180.
May 22, 2026, are designated by NOTES. (Published 5-22-26)