Chapter 440, DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

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 reasonabl…

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 fail…

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…

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…

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 hom…

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, training or experience in the natural sciences and their application and th…

440.9805 Definitions. 440.981 Use of title; penalty. 440.982 Licensure. 440.983 Renewal of licensure. 440.984 Rule making. 440.985 Informed consent. 440.986 Disciplinary proceedings and actions. 440.987 Advisory committee. 440.988 Vicarious liability. SUBCHAPTER XIV UNIFORM ATHLE…

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 advan…

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 p…

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 depa…

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…

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 experien…

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. SAFETY AN…

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…

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 U…

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” mea…

440.9905 Service of process. 440.991 Athlete agents: registration required; void contracts. SAFETY AND PROFESSIONAL SERVICES Registration as athlete agent; form; requirements; registration. Certificate of registration; issuance or denial; renewal. Suspension, revocation, or refus…

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 certificat…

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, a…

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 determ…

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 certifi…

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 issuin…

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 de…

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 i…

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 hou…

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 t…

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 incurre…

440.996 Prohibited conduct. (1) An athlete agent may not intentionally do any of the following or encourage another in- 440.997 dividual 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 …

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 educationa…

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 Unifo…

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 …

440.999 Rules. The department shall promulgate rules that define unprofessional conduct for purposes of s. 440.992 (2) (c). History: 2003 a. 150.