Chapter 440, DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

440.01 Definitions. (1) In chs. 440 to 480, unless the context requires otherwise: (ab) “Asynchronous telehealth service” means telehealth that is used to transmit medical data about a patient to a health care provider when the transmission is not a 2-way, real-time interactive c…

440.02 Bonds. Members of the staff of the department who are assigned by the secretary to collect moneys shall be bonded in an amount equal to the total receipts of the department for any month.

440.03 General duties and powers of the department. (1) The department may promulgate rules defining uniform pro- SAFETY AND PROFESSIONAL SERVICES cedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards …

440.032 Sign language interpreting. (1) DEFINITIONS. In this section: (a) “Client” means a deaf or hard of hearing person for whom a person provides interpretation services. (am) “Committee” means the sign language interpreters advisory committee established under sub. (6m). (bm)…

440.035 General duties and powers of examining boards and affiliated credentialing boards. (1m) Subject to subs. (1p) and (1r), each credentialing board shall: (a) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing …

440.04 Duties of the secretary. The secretary shall: (1) Centralize, at the capital and in such district offices as the operations of the department and the attached examining boards and affiliated credentialing boards require, the routine housekeeping functions required by the d…

440.042 Advisory committees. (1) The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards, and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. A person or an a…

440.043 Behavioral health review committee. (1) The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 44…

440.045 Disputes. Any dispute between an examining board or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor’s designee after consultation with the disputants. History: 1977 c. 418 s. 27; 1979 c. 34; 1993 a. 107. Discussing t…

440.05 Standard fees. Subject to s. 440.052, the following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c) 1., 447.04 (2) (c) 2., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d): (1) (a) Initial credential: An amoun…

440.052 Initial credential fee reduction. (1) In this section, “reciprocal credential” means a credential granted by a credentialing board, another board in the department, or the department to an applicant who holds a credential issued by a governmental authority in a jurisdicti…

440.055 Credit card payments. (2) If the department permits the payment of a fee with use of a credit card, the department shall charge a credit card service charge for each transaction. The credit card service charge shall be in addition to the fee that is being paid with the cr…

440.06 Refunds and reexaminations. The secretary may establish uniform procedures for refunds of fees paid under s. 440.05 or 440.08 and uniform procedures and fees for reexaminations under chs. 440 to 480. History: 1977 c. 418; 1979 c. 175 s. 53; 1979 c. 221 s. 2202 (45); 1991 a…

440.07 Examination standards and services. (1) In addition to the standards specified in chs. 440 to 480, examinations for credentials shall reasonably relate to the skills likely to be needed for an applicant to practice in this state at the time of examination and shall seek to…

440.071 No degree completion requirement to sit for examination. (1) Except as provided under sub. (2), the department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is …

440.075 Military service education, training, instruction, or other experience. (1) In this section, “instruction” means any education, training, instruction, or other experience related to an occupation or profession. (2) The department, if the department issues the credential, …

440.077 Military medical personnel program. (1) In this section: (a) “Advanced practice registered nurse ” means an advanced practice registered nurse licensed under s. 441.09. NOTE: Par. (a) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads: (a) “Adva…

440.08 Credential renewal. (1) NOTICE OF RENEWAL. The department shall give a notice of renewal to each holder of a credential at least 30 days prior to the renewal date of the credential. Notice may be mailed to the last address provided to the department by the credential holde…

440.09 Reciprocal credentials for service members, former service members, and their spouses. (1) In this section: (a) “Former service member” means a person who was discharged from the U.S. armed forces under conditions other than dishonorable within 4 years of the date on which…

440.094 Practice by health care providers from other states. (1) DEFINITIONS. In this section: (a) “Credential” means a license, permit, certificate, or registration. (b) “Health care employer” means a system, care clinic, care provider, long-term care facility, or any entity who…

440.11 Communications with department. (1) An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department of his or her new name or address within 30 days of the change in writing or …

440.12 Credential denial, nonrenewal and revocation based on tax or unemployment insurance contribution delinquency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial cre…

440.121 Credential denial, nonrenewal, and revocation based on incompetency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke …

440.13 Delinquency in support payments; failure to comply with subpoena or warrant. (1) In this section: (b) “Memorandum of understanding” means a memorandum of understanding entered into by the department of safety and professional services and the department of children and fam…

440.14 Nondisclosure of certain personal information. (1) In this section: (a) “List” means information compiled or maintained by the department or a credentialing board that contains the personal identifiers of 10 or more individuals. (b) “Personal identifier” means a social sec…

440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 448.9887 (3) (b) 3. and (5) (b) 2. a., 448.9889 (3) (a) 9., 450.071 (…

440.17 Telehealth. If the department, an examining board, or an affiliated credentialing board promulgates rules related to telehealth, the department, the examining board, or the affiliated credentialing board shall define “telehealth” to have the meaning given in s. 440.01 (1) …

440.19 Voluntary surrender of license, permit, or certificate. A person who holds a credential may voluntarily surrender that credential. The department, examining board, affiliated credentialing board, or board of the department that issued the credential may refuse to accept th…

440.20 Disciplinary proceedings. (1) Any person may file a complaint before the department or any examining board, affiliated credentialing board or board in the department and request the department, examining board, affiliated credentialing board or board to commence disciplina…

440.205 Administrative warnings. If the department or a board, examining board, or affiliated credentialing board in the department determines during an investigation that there is evidence of misconduct by a credential holder, the department, SAFETY AND PROFESSIONAL SERVICES boa…

440.21 Enforcement of laws requiring credential. (1) The department may conduct investigations, hold hearings and make findings as to whether a person has engaged in a practice or used a title without a credential required under chs. 440 to 480. (2) If, after holding a public hea…

440.22 Assessment of costs. (1) In this section, “costs of the proceeding” means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the 440.23 department, examining board, affiliated credentialing board, or other board, a reasonable dis…

440.23 Cancellation of credential; reinstatement. (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, or 444.11 by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or i…

440.25 Judicial review. The department may seek judicial review under ch. 227 of any final disciplinary decision of the medical examining board or affiliated credentialing board attached to the medical examining board. The department shall be represented in such review proceeding…

440.26 Private detectives, investigators and security personnel; licenses and permits. (1) LICENSE OR PERMIT REQUIRED. (a) No person may do any of the following unless he or she has a license or permit issued under this section: 1. Advertise, solicit or engage in the business of …

440.310 Definitions. In this subchapter: (1) “Behavior analyst” means a person who is certified by the Behavior Analyst Certification Board, Inc., as a board-certified behavior analyst and has been granted a license under this subchapter to engage in the practice of behavior anal…

440.311 Use of title; penalty. (1) No person may use the title “behavior analyst” or represent or imply that he or she is a behavior analyst unless the person is licensed under this subchapter. This section may not be construed to restrict the practice of behavior analysis by a l…

440.312 Licensure. (1) Except as provided in sub. (2), the department shall grant a license as a behavior analyst to a person under this subchapter if all of the following apply: (a) The person submits an application to the department on a form provided by the department. (b) The…

440.313 Renewal. (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 …

440.314 Rules. (1) The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under sub. (2). Except as provided in subs. (2) and (3), any rules regarding the practice of behavio…

440.315 Informed consent. A behavior analyst shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and shall disclose to the client orally and in writing all of the following: (1) A summary of the behavior…

440.316 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) Subje…

440.317 Advisory committee. The department may appoint an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of behavior analysts. History: 2009 a. 282. SUBCHAPTER IV TRANSPORTATION NETWORK COMPANIES Cross-reference: See also ch. SP…

440.40 Definitions. In this subchapter: (1) “Digital network” means any Internet site or online-enabled application, software, or system that permits the prearrangement of transportation network services. (2) “Licensed company” means a transportation network company that is licen…

440.41 License required. (1) No person may operate a transportation network company in this state unless the transportation network company is a licensed company. (2) No person may engage in transportation network services in this state unless the person is a participating driver…

440.415 Licensure of transportation network companies. (1) INITIAL LICENSE. The department shall grant a license to operate a transportation network company in this state to an applicant for licensure if the department determines that all of the following requirements are met: (a…

440.42 Agent. Each licensed company shall maintain an agent for service of process in this state. History: 2015 a. 16.

440.425 Fare disclosures. Each licensed company shall do all of the following: (1) Disclose its fare calculation method on its Internet site. (2) Inform each prospective passenger or the prospective passenger’s authorized representative of all applicable fare rates. (3) Give each…

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 p…

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 c…