Chapter 440, DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

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 drive…

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 individua…

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 wit…

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 participatin…

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 disclo…

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, villag…

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 use…

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 s…

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…

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 cov…

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) “Barber…

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…

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 …

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.…

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)…

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, instru…

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 …

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 …

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 th…

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.

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 for…

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 huma…

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). (…

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…

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…

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. SAFETY AND PROFESS…

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 com…

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) Subj…

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. 44…

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 a…

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) “Preventio…

440.90 Definitions. In this subchapter: (1b) “Board” means the cemetery board. (1c) “Business day” has the meaning given in s. 421.301 (6). (2) “Cemetery authority” has the meaning given in s. 157.061 (2). (3) “Cemetery services and merchandise” has the meaning given in s. 157.06…

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 boa…

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…

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 b…

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 l…

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 i…

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 o…

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. SAFETY AND PROFESSIONAL SERVICES (2) Any individual who is required to register as a cemetery salesperson unde…

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 licen…

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 conditi…

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 un…

440.9715 Applicability. 440.972 Registration of home inspectors. 440.973 Examinations. 440.974 Rules. 440.975 Standards of practice. 440.976 Disclaimers or limitation of liability. 440.977 Liability of home inspectors. 440.978 Discipline; prohibited acts. 440.979 Report by depart…

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. SAFETY AND PROFESSIONAL …

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 examinat…

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 …