reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 449 - Optometry examining board. › 449.25 - Informed consent.

449.25
Informed consent.
(1)
Any optometrist who treats a patient shall inform the patient about the availability of reasonable alternate modes of treatment and about the benefits and risks of these treatments. The reasonable optometrist standard is the standard for informing a patient under this section. The reasonable optometrist standard requires disclosure only of information that a reasonable optometrist would know and disclose under the circumstances. The optometrist's duty to inform the patient under this section does not require disclosure of any of the following:
(a)
Detailed technical information that in all probability a patient would not understand.
(b)
Risks apparent or known to the patient.
(c)
Extremely remote possibilities that might falsely or detrimentally alarm the patient.
(d)
Information in emergencies where failure to provide treatment would be more harmful to the patient than treatment.
(e)
Information in cases where the patient is incapable of consenting.
(f)
Information about alternate modes of treatment for any condition the optometrist has not included in his or her diagnosis at the time the optometrist informs the patient.
(2)
The examining board shall promulgate rules implementing sub. (1).
History:  2013 a. 345.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.04 - Examinations.

450.04
Examinations.
(1)
Examinations for licensure as a pharmacist shall be designed to determine whether an applicant is competent to engage in the practice of pharmacy.
(2)
Examinations shall be conducted at least semiannually.
(3)
Every candidate for examination for licensure as a pharmacist shall submit an application on a form provided by the department and pay the fee specified in s. 440.05 (1) at least 30 days before the date of examination.
History:  1985 a. 146; 1991 a. 39; 1997 a. 27; 1997 a. 237 s. 722u; 2001 a. 16; 2013 a. 114.
Discussing post-examination review with applicants. 68 Atty. Gen. 48.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.05 - Pharmacist licensed in other state; licensure.

450.05
Pharmacist licensed in other state; licensure.
The board may, upon application and payment of the fee specified in s. 440.05 (2), license as a pharmacist any person who is licensed in another state if the person produces satisfactory evidence of having met requirements comparable to those that existed in this state at the time the person became licensed in the other state. The board may deny a license as a pharmacist under this section to any person whose license to practice pharmacy in another state has been voluntarily surrendered, limited, suspended, or revoked. The board may require an applicant under this section to pass an equivalency examination administered by the board. If the board requires an equivalency examination, any person licensed as a pharmacist in another state who is engaged in the active practice of pharmacy may only be required to pass an examination on state and federal laws, rules, and regulations.
History:  1985 a. 146; 2013 a. 124.
This chapter applies to out-of-state pharmacies that regularly and continually solicit mail orders for retail sale of prescription drugs to Wisconsin residents. 72 Atty. Gen. 121.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.06 - Pharmacies located in this state; licensure.

450.06
Pharmacies located in this state; licensure.
(1)
No pharmacist or person engaged in the practice of pharmacy under s. 450.03 (1) (f), (g), or (i) may dispense at any location in this state that is not licensed as a pharmacy by the board. No person in this state may use or display the title “pharmacy," “drugstore," “apothecary," or any other title, symbol, or insignia having the same or similar meanings, except for a place of practice which is licensed under this section as a pharmacy by the board.
(2)
The board shall issue a license to operate a pharmacy at a specific location in this state if:
(a)
An application is made on forms provided by the board showing all of the following:
1.
The location of the pharmacy.
2.
A floor plan of the pharmacy.
3.
The name and address of the person holding title and ownership control of the location.
4.
The name of the managing pharmacist of the pharmacy under s. 450.09 (1).
(b)
The location of the pharmacy is inspected in a manner approved by the board and found to meet all the requirements of this chapter.
(c)
The initial credential fee determined by the department under s. 440.03 (9) (a) is paid.
(2m)
The board may require that practice-related information be submitted on the application under sub. (2) (a).
(3)
No pharmacy located in this state may be opened or kept open for practice following a change of ownership or change of location unless the pharmacy is licensed for the new owner or at the new location, notwithstanding any remaining period of validity under the pharmacy's license under the previous owner or at the previous location.
(4)
Any person who fails to license his or her place of practice as required under this section may be assessed a forfeiture of not less than $25 nor more than $50 for each separate offense. Each day of violation constitutes a separate offense.
History:  1985 a. 146; 1991 a. 39; 2005 a. 242; 2007 a. 20, 202; 2021 a. 101.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.065 - Out-of-state pharmacies; licensure.

450.065
Out-of-state pharmacies; licensure.
(1)
No pharmacy that is in another state may ship, mail, or otherwise deliver a prescribed drug or device to persons in this state unless the pharmacy is licensed under sub. (2).
(2)
The board shall issue a license to a pharmacy that is located outside this state if the pharmacy does all of the following:
(a)
Applies on a form provided by the board that shows all of the following:
1.
The location of the pharmacy.
2.
The name and address of the person holding title and ownership control of the location.
3.
The name of the managing pharmacist of the pharmacy.
(b)
Submits a statement in a form prescribed by the board from the owner of the pharmacy or, if the pharmacy is not a sole proprietorship, from the managing pharmacist of the pharmacy that indicates that the owner or managing pharmacist, whichever is applicable, knows the laws relating to the practice of pharmacy in this state.
(c)
Submits evidence satisfactory to the board that it is licensed in the state in which it is located.
(d)
Pays the initial credential fee determined by the department under s. 440.03 (9) (a).
(3)
A pharmacy that applies for a license under sub. (2) may not be required to comply with any provision in this chapter or any rule promulgated under this chapter relating to the professional service area of a pharmacy or the minimum equipment requirements for a pharmacy.
(4)
(a)
Notwithstanding s. 450.03, a pharmacist employed in a pharmacy licensed under this section is not required to be licensed under this chapter.
(b)
Notwithstanding s. 450.09, a pharmacy licensed under this section is not required to be under the control of a managing pharmacist licensed under this chapter.
(5)
A pharmacy licensed under this section shall provide a telephone number that allows a person in this state to contact the pharmacy during the pharmacy's regular hours of business and that is available for use by a person in this state for not less than 40 hours per week.
History:  2005 a. 242; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.068 - Pharmacy technicians; registration.

450.068
Pharmacy technicians; registration.
(1)
No person may engage in the practice of a pharmacy technician or use the title “pharmacy technician” or “pharmacy tech” unless the person is registered as a pharmacy technician by the board.
(2)
Except as provided in s. 450.10, the board shall issue a registration as a pharmacy technician to an applicant who satisfies all of the following:
(a)
The applicant submits an application for registration on a form provided by the board that specifies all of the following:
1.
The applicant's home address.
2.
If the applicant is employed, the name and address of the applicant's employer, and the applicant's place of employment.
(b)
The applicant satisfies one of the following:
1.
The applicant is at least 18 years of age and has graduated from high school or has attained high school graduation equivalency as determined by the department of public instruction.
2.
The applicant is enrolled in a youth apprenticeship program for pharmacy technicians that is on the list of youth apprenticeship programs approved by the department of workforce development under s. 106.13 (2m).
(d)
The applicant pays the fee specified in s. 440.05 (1).
(3)
A pharmacy technician shall do all of the following:
(a)
Notwithstanding s. 440.11, if the pharmacy technician moves from the last address provided to the department, notify the department of his or her new address within 10 days of the change in writing or in accordance with other notification procedures approved by the department.
(b)
If the pharmacy technician changes his or her employer or place of employment, notify the department of his or her new employer or address of employment within 10 days of the change in writing or in accordance with other notification procedures approved by the department and, if required by the department, pay the transfer fee under s. 440.05 (7).
History: 2021 a. 100.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.07 - Manufacturers; licensure.

450.07
Manufacturers; licensure.
(1)
Except as provided under sub. (1m), no person may engage in manufacturing in this state unless the person obtains a manufacturer's license from the board. For the issuance of a license under this subsection, the applicant shall pay the initial credential fee determined by the department under s. 440.03 (9) (a).
(1m)
A license is not required under this section for a person to engage in the manufacturing of hemp, as defined in s. 94.55 (1).
(4)
(a)
The issuance of licenses under this section is subject to rules the board adopts for the protection of the public health and safety.
(b)
The board shall adopt rules prescribing minimum standards for manufacturing and distributing drugs. Rules adopted under this paragraph may not impose requirements regarding the storage of a controlled substance in a safe, a steel cabinet, a vault, or any other secure storage compartment, area, room, or building unless one of the following applies:
1.
The controlled substance is included in schedule I, II, III, or IV under ch. 961.
2.
The controlled substance is also a controlled substance under federal law.
(c)
The rules adopted by the board under par. (b) shall require a manufacturer to maintain and to update at least once per month a list of the manufacturer's authorized distributors of record.
History:  1985 a. 146; 1991 a. 39; 2005 a. 14; 2007 a. 20; 2019 a. 68; 2021 a. 240 s. 30.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.076 - Home medical oxygen providers; licensure.

450.076
Home medical oxygen providers; licensure.
(1)
Definitions. In this section:
(a)
“Home medical oxygen provider" means a person that provides medical oxygen directly to a consumer or patient in this state for that consumer's or patient's own use.
(b)
“Licensed provider" means a home medical oxygen provider licensed under this section.
(c)
“Medical oxygen" means oxygen that is a prescription drug.
(2)
License required.
(a)
Except as provided in par. (b), no person may operate as a home medical oxygen provider, use the title “home medical oxygen provider" or any similar title, or hold itself out as a home medical oxygen provider unless the person is a licensed provider.
(b)
No license under this section is required for any of the following:
1.
A person that holds a current credential, as defined in s. 440.01 (2) (a), and is acting within the scope of that credential.
2.
A hospital, excluding any home medical oxygen provider that is owned or operated by a hospital.
3.
An employee or agent of a licensed provider acting within the scope of his or her employment or agency.
(3)
Licensure. The board may grant a license to act as a home medical oxygen provider to a person that does all of the following:
(a)
Submits an application for licensure on a form provided by the board.
(b)
Pays the fee specified in s. 440.05 (1).
(c)
Satisfies any other requirements established by the board by rule.
(4)
Rules. The board shall promulgate rules implementing this section. The rules shall include rules governing the professional conduct of licensed providers and their employees and agents.
History:  2015 a. 3.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.08 - Credential renewals.

450.08
Credential renewals.
(1)
The renewal dates for all licenses and registrations granted by the board are specified under s. 440.08 (2) (a). Except as provided under sub. (2) (a), only a holder of an unexpired license or registration may engage in his or her licensed activity.
(2)
(a)
A pharmacist's license may be renewed by complying with continuing education requirements under s. 450.085 and paying the applicable fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a). Notwithstanding s. 440.08 (3) (a), if a pharmacist fails to obtain renewal by that date, the board may suspend the pharmacist's license, and the board may require the pharmacist to pass an examination to the satisfaction of the board to restore that license.
(b)
A pharmacy, pharmacy technician's, manufacturer's, distributor's, or home medical oxygen provider's license or registration may be renewed by paying the applicable fee determined by the department under s. 440.03 (9) (a) on or before the applicable renewal date specified under s. 440.08 (2) (a).
History:  1985 a. 146; 1991 a. 39; 1997 a. 68; 1997 a. 237 s. 727m; 2007 a. 20; 2013 a. 124; 2015 a. 3; 2021 a. 100.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.085 - Continuing education.

450.085
Continuing education.
(1)
An applicant for renewal of a license under s. 450.08 (2) (a) shall submit proof that he or she has completed, within the 2-year period immediately preceding the date of his or her application, 30 hours of continuing education in courses conducted by a provider that is approved by the Accreditation Council for Pharmacy Education or in courses approved by the board. Courses specified in s. 450.035 (1r) and (2) are courses in continuing education for purposes of this subsection. This subsection does not apply to an applicant for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license.
(2)
The board may waive all or part of any requirement in sub. (1) if it finds that exceptional circumstances such as prolonged illness, disability or other similar circumstances have prevented a pharmacist from meeting the requirement.
History:  1997 a. 68; 1997 a. 237 s. 727m; 2013 a. 124.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.095 - Duty to dispense contraceptives.

450.095
Duty to dispense contraceptives.
(1)
In this section:
(a)
“Contraceptive drug or device" means any drug or device approved by the federal food and drug administration that is used to prevent pregnancy, including a contraceptive drug or device restricted to distribution by a pharmacy.
(b)
“Without delay" means within the usual and customary time frame reasonably expected at a pharmacy for dispensing or distributing a prescription that is not a contraceptive drug or device.
(2)
Unless one or more of the following applies, a pharmacy shall dispense lawfully prescribed contraceptive drugs and devices and shall deliver contraceptive drugs and devices restricted to distribution by a pharmacy to a patient without delay:
(a)
The prescription contains an obvious or known error or contains inadequate instructions.
(b)
The prescription is contraindicated for the patient, is incompatible with another drug or device prescribed for the patient, or is prohibited by state or federal law.
(c)
The prescription is potentially fraudulent.
(3)
Any person who violates this section may be required to forfeit not less than $250 nor more than $2,500 for each violation.
(4)
Nothing in this section may be construed to abrogate a pharmacist's legal and ethical obligations to comply with the laws of this state.
History:  2009 a. 28, 276.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.12 - Labeling of prescription drugs and prescription drug products.

450.12
Labeling of prescription drugs and prescription drug products.
(1)
In this section:
(a)
“Brand name" means the name, other than the generic name, that the labeler of a drug or drug product places on its commercial container at the time of packaging.
(b)
“Generic name" means the official or established name given a drug by the U.S. department of health and human services or the U.S. adopted names council.
(2)
The manufacturer's or distributor's commercial container of every prescription drug or prescription drug product delivered to any pharmacist, practitioner, hospital or nursing home shall bear a label containing the generic name of the drug, if any, the brand name of the drug or drug product, if any, the name and address of the manufacturer of the drug or drug product and, if different from the manufacturer, the name and address of the distributor of the drug or drug product.
(3)
Every prescription order or medication profile record shall include the brand name, if any, or the name of the manufacturer or distributor of the drug product dispensed.
(4)
This section does not apply with respect to biological products.
History:  1985 a. 146; 2017 a. 149.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.122 - Labeling of biological products.

450.122
Labeling of biological products.
(1)
In this section:
(a)
“Brand name" means the name, other than the proper name, that the labeler of a biological product places on its commercial container at the time of packaging.
(b)
“Proper name” means the nonproprietary name for a biological product designated by the federal food and drug administration licensure for use upon each package of the product.
(2)
The manufacturer's or distributor's commercial container of every biological product delivered to any pharmacist, practitioner, hospital, or nursing home shall bear a label containing the proper name of the biological product, the brand name of the biological product, if any, the name and address of the manufacturer of the biological product, and, if different from the manufacturer, the name and address of the distributor of the biological product.
(3)
Every prescription order or medication profile record for a biological product shall include the brand name, if any, and the name of the manufacturer of the biological product.
History:  2017 a. 149; 2021 a. 238 s. 45.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.125 - Drugs for animal use.

450.125
Drugs for animal use.
In addition to complying with the other requirements in this chapter for distributing and dispensing, a pharmacist who distributes or dispenses a drug for animal use shall comply with s. 89.068.
History:  1991 a. 306; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.14 - Poisons.

450.14
Poisons.
(1)
In this section, “highly toxic" has the meaning specified under 15 USC 1261 (h).
(2)
No person may deliver any highly toxic substance unless the delivery is made on the prescription order of a practitioner or complies with pars. (a) to (d):
(a)
The container shall be plainly labeled with the name of the substance, the name and address of the person delivering the substance and, except as provided in sub. (3), the word “Poison".
(b)
The person delivering the substance shall ascertain that the recipient is aware of the poisonous character of the substance and desires it for a lawful purpose.
(c)
Before delivery, the person delivering the substance shall record in a book kept for that purpose the name of the article or substance, the quantity, the purpose, the date, the name and address of the person for whom procured and the signature of the individual personally delivering the article or substance. The record shall be signed by the person to whom the substance is delivered. Each book containing records required under this paragraph shall be preserved by the owner of the book for at least 3 years after the date of the last entry and shall be open to inspection by authorized officers.
(d)
If the recipient is under 18 years of age, he or she must have the written order of an adult.
(3)
A “Poison" label under sub. (2) (a) is not required for liniments, ointments or other external preparations which are plainly labeled “for external use only".
(4)
This section does not apply to manufacturers or distributors selling at wholesale nor to pesticides which comply with ss. 94.67 to 94.71.
(5)
Any person who violates this section is guilty of a Class H felony.
History:  1985 a. 146; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.145 - Reporting potential causes of public health emergency.

450.145
Reporting potential causes of public health emergency.
(1)
Within 24 hours after an occurrence of any of the following, a pharmacist or pharmacy shall report the occurrence electronically, by fax machine, by telephone, or in writing to a local health department, as defined in s. 250.01 (4), or the department of health services:
(a)
An unusual increase in the number of prescriptions dispensed or nonprescription drug products sold by the pharmacist or pharmacy for the treatment of medical conditions specified by the department of health services by rule under s. 252.02 (7).
(b)
An unusual increase in the number of prescriptions dispensed by the pharmacist or pharmacy that are antibiotic drugs.
(c)
The dispensing of a prescription by the pharmacist or pharmacy for treatment of a disease that is relatively uncommon or may be associated with bioterrorism, as defined in s. 323.02 (4).
(1m)
Except as provided in sub. (2), a pharmacist or pharmacy may not report personally identifying information concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).
(2)
In submitting a report under sub. (1), a pharmacist or pharmacy shall include personally identifying information other than a social security number concerning an individual who is dispensed a prescription or who purchases a nonprescription drug product as specified in sub. (1) (a), (b), or (c).
History:  2005 a. 198 ss. 18 to 21; 2007 a. 20 s. 9121 (6) (a); 2007 a. 97 s. 183; 2009 a. 42.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.15 - Placing prescription drugs prohibited.

450.15
Placing prescription drugs prohibited.
(1)
Except as otherwise provided by law, no person may put, or cause to be put, any prescription drug in any public place, or upon any private premises without the consent of the owner or occupant.
(2)
Any person who violates this section is guilty of a Class H felony.
History:  1985 a. 146; 1997 a. 283; 2001 a. 109.
As applied to the defendant, s. 450.09 [now this section] was not unconstitutionally overbroad or vague. Butala v. State, 71 Wis. 2d 569, 239 N.W.2d 32 (1976).
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.16 - Sale of contraceptives prohibited in certain areas.

450.16
Sale of contraceptives prohibited in certain areas.
(1)
In this section, “vending machine" has the meaning given under s. 450.155 (1) (L).
(2)
No person may have in the person's possession or under the person's control, any vending machine that is located in a public school, as specified under s. 115.01 (1).
(3)
Any person violating this section may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
History:  1985 a. 146; 2017 a. 366.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.17 - Violations.

450.17
Violations.
Each member of the board shall investigate and institute actions for violations of this chapter by any person and for violation of ch. 961 by pharmacists or pharmacy technicians. The district attorney of the proper county shall promptly prosecute any such violation upon notice from any source.
History:  1985 a. 146; 1995 a. 448; 2021 a. 100.
2023 Wisconsin Statutes & Annotations › Chapter 450 - Pharmacy examining board. › 450.18 - Penalties.

450.18
Penalties.
Except as otherwise provided in this chapter, any person who violates this chapter or any rule promulgated under the authority of this chapter may be fined not less than $50 nor more than $100 or imprisoned not less than 30 days nor more than 90 days or both.
History:  1985 a. 146.
2023 Wisconsin Statutes & Annotations › Chapter 451 - Acupuncture. › 451.01 - Definitions.

451.01
Definitions.
In this chapter:
(1)
“Acupuncture" means promoting, maintaining or restoring health or diagnosing, preventing or treating disease based on traditional Oriental medical concepts of treating specific areas of the human body, known as acupuncture points or meridians, by performing any of the following practices:
(a)
Inserting acupuncture needles.
(b)
Moxibustion.
(c)
Applying manual, thermal or electrical stimulation or any other secondary therapeutic technique.
(2)
“Acupuncturist" means a person who is engaged in the practice of acupuncture.
History:  1989 a. 31, 336.
2023 Wisconsin Statutes & Annotations › Chapter 451 - Acupuncture. › 451.02 - Applicability.

451.02
Applicability.
Nothing in this chapter requires a certificate under this chapter for any of the following:
(1)
An individual holding a license, permit or certificate under ch. 441, 446, 447, 448, or 449 or a compact privilege under subch. XI or XII of ch. 448 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit, certificate, or privilege.
NOTE: Sub. (1) is shown as affected by 2021 Wis. Acts 23 and 251 and as merged by the legislative reference bureau under s. 13.92 (2) (i). The cross-reference to subch. XI of ch. 448 was changed from subch. X of ch. 448 and the cross-reference to subch. XII of ch. 448 was changed from subch. XI of ch. 448 by the legislative reference bureau under s. 13.92 (1) (bm) 2. to reflect the renumbering under s. 13.92 (1) (bm) 2. of subchs. X and XI of ch. 448.
(2)
An individual assisting an acupuncturist in practice under the direct supervision of the acupuncturist.
(3)
An individual who engages in the practice of acupuncture as part of a supervised course of study or residency program in acupuncture that is approved by the department if the individual is designated by a title that clearly indicates his or her status as a student or trainee.
History:  1989 a. 31, 336; 2019 a. 100; 2021 a. 23 s. 71; 2021 a. 123, 251; s. 13.92 (1) (bm) 2.; s. 13.92 (2) (i).
2023 Wisconsin Statutes & Annotations › Chapter 451 - Acupuncture. › 451.04 - Certification.

451.04
Certification.
(1)
Acupuncturist certificate required. No person may engage in the practice of acupuncture or use the title “acupuncturist" or any similar title unless the person is certified as an acupuncturist by the department.
(2)
Acupuncturist certificate. The department shall grant an acupuncturist certificate to any individual who does all of the following:
(a)
Submits an application for the certificate to the department on a form provided by the department.
(b)
Pays the fee specified in s. 440.05 (1).
(c)
Subject to ss. 111.321, 111.322 and 111.335, submits evidence satisfactory to the department that he or she does not have an arrest or conviction record.
(d)
Subject to s. 451.08, submits evidence satisfactory to the department that he or she has completed a course of study and residency program in acupuncture that meets standards established by the department by rule.
(e)
Subject to s. 451.08, passes an examination approved by the department to determine fitness as an acupuncturist.
(3)
Posting of certificate. The department shall issue a certificate to each individual who satisfies the requirements in sub. (2) or s. 451.08, certifying that the holder is authorized to practice acupuncture in this state. The holder shall post the certificate in a conspicuous place in his or her place of business.
(4)
Expiration and 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:  1989 a. 31, 336, 359; 1991 a. 39; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 451 - Acupuncture. › 451.06 - Examination.

451.06
Examination.
Examinations shall consist of written or practical tests, or both, requiring applicants to demonstrate minimum competency in services and subjects substantially related to the practice of acupuncture.
History:  1989 a. 31, 336; 2013 a. 114.
2023 Wisconsin Statutes & Annotations › Chapter 451 - Acupuncture. › 451.08 - Reciprocal certificate.

451.08
Reciprocal certificate.
Upon application and payment of the fee specified in s. 440.05 (2), the department shall grant an acupuncturist certificate to any applicant who holds an acupuncturist certificate or license in another state or territory of the United States if the department determines that the applicant has actively engaged in the practice of acupuncture for at least 5 years or that the requirements for certification or licensure in the other state or territory are substantially equivalent to the requirements under s. 451.04 (2).
History:  1989 a. 31, 336.
2023 Wisconsin Statutes & Annotations › Chapter 451 - Acupuncture. › 451.12 - Infection control.

451.12
Infection control.
The department shall promulgate rules relating to the prevention of infection, the sterilization of needles and other equipment or materials capable of transmitting infection and the safe disposal of potentially infectious materials. The rules shall require acupuncture needles to be thoroughly cleansed with an antiseptic solution prior to sterilization by autoclave and shall permit an acupuncturist to use needles that are presterilized, prewrapped and disposable.
History:  1989 a. 31, 336.
2023 Wisconsin Statutes & Annotations › Chapter 451 - Acupuncture. › 451.14 - Disciplinary proceedings and actions.

451.14
Disciplinary proceedings and actions.
(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 chapter or any rule promulgated under this chapter has occurred.
(2)
Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a certified acupuncturist or deny, limit, suspend or revoke a certificate under this chapter if it finds that the applicant or certified acupuncturist has done any of the following:
(a)
Made a material misstatement in an application for a certificate or renewal.
(b)
Engaged in conduct while practicing acupuncture which 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 certified as an acupuncturist.
(d)
Advertised in a manner that is false, deceptive or misleading.
(e)
Impersonated another individual who holds a certificate under this chapter or allowed another individual to use his or her acupuncturist certificate.
(f)
Subject to ss. 111.321, 111.322 and 111.34, practiced acupuncture while the individual's ability to practice was impaired by alcohol or other drugs.
(g)
Violated this chapter or any rule promulgated under this chapter.
(3)
In addition to or in lieu of a reprimand or denial, limitation, suspension or revocation of a certificate under sub. (2), the department may assess against an applicant or certified acupuncturist a forfeiture of not less than $100 nor more than $1,000 for each violation enumerated under sub. (2).
History:  1989 a. 31, 336.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.03 - Brokers and salespersons licensed.

452.03
Brokers and salespersons licensed.
(1)
Except as provided in s. 452.137, no person may engage in or follow the business or occupation of, or advertise or hold himself or herself out as, or act temporarily or otherwise as a broker or salesperson without a license issued under this chapter. The board may grant a license only to a person who is competent to transact that business or occupation in a manner that safeguards the interests of the public, and only after satisfactory proof of the person's competence has been presented to the board.
(2)
No license under this chapter is required for an individual who, on behalf of and under the direction of a firm or one or more licensees associated with a firm, provides the firm or licensee with services that are limited to those that are purely administrative, clerical, or personal in nature.
History:  1981 c. 94, 391; 1989 a. 307; 2011 a. 32; 2015 a. 258.
Under s. 452.03 an agreement to pay a real estate brokerage commission to a person not licensed as a broker is void at its inception. Using a licensed broker who provides no actual services as a conduit for a fee to an unlicensed person does not create a co-brokerage arrangement authorized by s. 452.19. Badger III Ltd. v. Howard, Needles, Tammen & Bergendoff, 196 Wis. 2d 891, 539 N.W.2d 904 (Ct. App. 1995), 94-2531.
Officers of a corporation or partners of a partnership can act for the corporation or partnership in the rental of real estate owned by the entity without being licensed as real estate brokers. 60 Atty. Gen. 1 (1971).
Actions of a tenants union on behalf of its members may require a real estate broker's license. 60 Atty. Gen. 118 (1971).
The permitted limits of nonlicensed independent contractor agents are discussed. 70 Atty. Gen. 23.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.06 - Councils and committees.

452.06
Councils and committees.
(1)
(a)
The board shall create a council on forms that shall meet when directed by the board, be chaired by a member of the board, and report to the board.
(b)
Any proposed change in a form relating to real estate practice shall be referred to the council on forms for review before the form is approved.
(c)
The board may direct the council on forms to create or modify a form relating to real estate practice and submit that form to the board for approval. If the board directs the council to create or modify a form, the board shall establish a deadline for the council to submit the form to the board.
(2)
The council on real estate curriculum and examinations shall do all of the following:
(a)
Advise the board on establishing continuing education requirements under s. 452.05 (1) (d).
(b)
Not less than annually, review subjects covered on examinations for licensure under this chapter and the qualifications for instructors of and performance evaluations for educational and continuing educational programs, training sessions, and courses approved under this chapter.
(3)
If the secretary creates any councils or committees under s. 15.04 (1) (c) to provide advice to the department or board on matters relating to real estate practice, such councils or committees shall be chaired by a member of the board, if available, and shall report to the board and the secretary.
(4)
The secretary shall provide staff and other support required for the operation of councils and committees created under this section or under s. 15.04 (1) (c) to provide advice to the department or board, as appropriate, on matters relating to real estate practice.
History:  1981 c. 94; 1989 a. 341; 1991 a. 39; 2011 a. 32; 2017 a. 110.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.07 - Rules.

452.07
Rules.
(1)
The board shall promulgate rules for the guidance of the real estate profession and define professional conduct and unethical practice.
(1m)
The board may promulgate rules regarding the supervisory responsibilities of brokers under s. 452.132.
(3)
The board may promulgate rules regarding advertising by brokers or salespersons that do not conflict with s. 452.136.
History:  1981 c. 94; 1985 a. 182 s. 57; 1987 a. 403 s. 256; 2001 a. 16; 2011 a. 32; 2013 a. 288; 2015 a. 258; 2017 a. 110, 278.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.10 - Applications, verification, fees, exceptions.

452.10
Applications, verification, fees, exceptions.
(1)
An application shall be verified by the applicant. If made by a business entity it shall be verified by a business representative that is a licensed individual broker or a licensed broker business entity and that is acting as a business representative for the business entity.
(2)
(a)
Each new application for a license under this chapter shall be for the remainder of the biennial license period.
(b)
Unless an application is withdrawn in writing before the board has made any investigation, no part of the fee shall be returned.
(3)
The fees for examinations and licenses granted under this chapter are specified under s. 440.05, and the renewal fee for such licenses is determined by the department under s. 440.03 (9) (a).
(6)
In the case of applications for renewals of licenses the board may dispense with such matters contained in s. 452.09 (1) as it deems unnecessary in view of prior applications.
History:  1981 c. 94, 314, 391; 1983 a. 27, 273; 1985 a. 305; 1987 a. 264, 399; 1989 a. 307; 1991 a. 39; 1995 a. 400; 2007 a. 20; 2011 a. 32; 2015 a. 258.
The real estate examining board cannot prescribe the name to be used on an application for a real estate broker's license. 66 Atty. Gen. 21.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.11 - Nonresident applicants and licensees.

452.11
Nonresident applicants and licensees.
(1)
A nonresident may become a broker or salesperson by conforming to all the provisions of this chapter.
(3)
Every nonresident applicant, and every resident licensee who becomes a nonresident, shall file with the board an irrevocable consent that actions may be commenced against the applicant or licensee in the proper court of any county of the state in which a cause of action arises or in which the plaintiff resides, by the service of any process or pleading authorized by the laws of this state on the board or any duly authorized employee. The consent shall stipulate and agree that such service is valid and binding as due service upon the applicant or licensee in all courts in this state. The consent shall be duly acknowledged and, if made by a corporation, shall be authenticated by the corporate seal.
(4)
Any process or pleading under this section shall be served in duplicate upon the board or its duly authorized employee. One copy shall be filed with the board and the other immediately forwarded by certified mail to the nonresident licensee against whom the process or pleading is directed at the last address provided to the board by the nonresident licensee. No default in any such proceeding or action may be taken unless it appears by affidavit of the chairperson of the board or any duly authorized employee that a copy of the process or pleading was mailed to the nonresident licensee as required in this subsection. No judgment by default may be taken in any action or proceeding within 20 days after the date of mailing the process or pleading to the nonresident licensee.
History:  1981 c. 94; 1983 a. 27; 1987 a. 399; 1991 a. 207; 2011 a. 32; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.134 - Agency relationships; multiple representation relationships.

452.134
Agency relationships; multiple representation relationships.
(1)
Agency relationship not required.
(a)
Subject to par. (b), a firm and any licensees associated with the firm may provide brokerage services to any party, whether or not the firm has entered into an agency agreement with a party or the firm has been engaged to provide brokerage services as a subagent.
(b)
A firm and any licensees associated with the firm may not negotiate on behalf of a party to a transaction unless a party to the transaction is one of the following:
1.
The firm's client.
2.
A client of a principal firm who has engaged the firm as a subagent.
(2)
Multiple representation relationships. A firm and any licensees associated with the firm may not provide brokerage services in a multiple representation relationship unless all of the firm's clients in the multiple representation relationship have consented to a multiple representation relationship in writing.
(3)
Designated agency.
(a)
A firm in a multiple representation relationship may not engage in designated agency unless all of the firm's clients in the relationship have consented to designated agency in writing. A client may withdraw consent to designated agency by written notice to the firm at any time.
(b)
If a firm is engaged in designated agency, the licensee associated with the firm that is negotiating on behalf of a client of the firm in the transaction may provide to the client on whose behalf the licensee is negotiating information, opinions, and advice to assist the client in the negotiations, whether or not the information, opinions, and advice place the interests of one of the firm's clients ahead of the interests of another client of the firm.
(4)
Multiple representation relationships without designated agency. If a firm's client in a multiple representation relationship does not consent to designated agency or withdraws consent to designated agency, the firm and any licensees associated with the firm may not place the interests of any client ahead of the interests of any other in the negotiations.
History:  2005 a. 87; 2015 a. 258; 2017 a. 110.
The `New' Chapter 452: Defining Real Estate Broker Practice. Leibsle. Wis. Law. June 2006.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.136 - Advertising by licensees.

452.136
Advertising by licensees.
(1)
False advertising. A licensee may not advertise in a manner that is false, deceptive, or misleading.
(2)
Disclosure of name.
(a)
Except for advertisements for the rental of real estate owned by the licensee, a licensee shall in all advertising disclose the firm's name exactly as printed on the license of the licensed individual broker or licensed broker business entity or disclose a trade name previously filed by the firm with the department and shall in either case clearly indicate that the firm is a business enterprise and not a private party.
(b)
Except for advertisements for the rental of real estate owned by the licensee, a licensee associated with a firm shall advertise under the supervision of and in the name of the firm. The firm's name as used in advertising shall be clear and conspicuous. This paragraph does not apply to a licensee engaged in independent practice as provided in s. 452.30 (6).
(c)
Notwithstanding pars. (a) and (b), a licensee may advertise the occasional sale of real estate owned by the licensee or may engage in the occasional solicitation of real estate for purchase by the licensee without complying with pars. (a) and (b), provided that the licensee clearly identifies himself, herself, or itself as a real estate licensee in the advertisement.
(3)
Advertising without agency agreement prohibited. A firm and any licensees associated with the firm may not advertise a property unless one of the following applies:
(a)
The firm is the listing firm for the property.
(b)
The firm or a licensee associated with the firm has obtained consent to advertise the property from the listing firm for the property.
(4)
Advertised price. A licensee may not advertise property at a price other than that agreed upon with the owner, except that the price may be stated as a range or in general terms if it reflects the agreed upon price.
History:  2017 a. 110.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.138 - Firms providing services in more than one transaction.

452.138
Firms providing services in more than one transaction.
A firm may provide brokerage services simultaneously to more than one party in different transactions, unless the firm agrees with a client that the firm is to provide brokerage services only to that client. If the firm and a client agree that the firm is to provide brokerage services only to that client, the agency agreement shall contain a statement of that agreement.
History:  1993 a. 127; 2005 a. 87; 2015 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.139 - Changes in common law duties and liabilities of brokers and parties.

452.139
Changes in common law duties and liabilities of brokers and parties.
(1)
Common law duties of firms. The duties of a firm specified in this chapter or in rules promulgated under this chapter shall supersede duties or obligations under common law to the extent that those common law duties or obligations are inconsistent with the duties specified in this chapter or in rules promulgated under this chapter.
(2)
Misrepresentation.
(a)
A client is not liable for a misrepresentation made in connection with the provision of brokerage services by a firm or any licensee associated with the firm, unless the client knows or should have known of the misrepresentation or the firm or licensee is repeating a misrepresentation made by the client.
(b)
A firm that is providing brokerage services to a client and that retains another firm to provide brokerage services as a subagent is not liable for a misrepresentation made by the subagent or any licensee associated with the subagent, unless the firm knew or should have known of the misrepresentation or the subagent or licensee is repeating a misrepresentation made to by the firm or any licensee associated with the firm.
(c)
Nothing in this subsection limits the responsibility of a firm under s. 452.12 (3) for misrepresentations made by a licensee associated with the firm. Nothing in this subsection limits the liability of a client for a misrepresentation that the client makes in connection with brokerage services.
(3)
Liability for negligent hiring. If a licensee associated with a firm commits a crime under the laws of this state or another wrongful act, the firm may not be held civilly liable for hiring that licensee in a claim brought for negligent hiring if, regardless of whether the firm conducted its own investigation, the firm relied on the investigations conducted by the department under s. 440.03 (13) or on any determination made by the board, including a determination under s. 111.335 (4) (f) or 452.25.
History:  1993 a. 127; 2001 a. 16; 2005 a. 87; 2013 a. 288; 2015 a. 258; 2017 a. 278.
2023 Wisconsin Statutes & Annotations › Chapter 452 - Real estate practice. › 452.142 - Actions concerning licensees.

452.142
Actions concerning licensees.
(1)
Notwithstanding s. 100.18 (11) (b) 3., 893.43, 893.52, or 893.57, an action concerning any act or omission of a firm or any licensee associated with the firm relating to brokerage services shall be commenced within 2 years after whichever of the following that applies occurs first:
(a)
A transaction is completed or closed.
(b)
An agency agreement is terminated.
(c)
An unconsummated transaction is terminated or expires.
(2)
The period of limitation under this section may not be reduced by agreement.
(3)
The period of limitation under this section does not apply to disciplinary actions initiated by the board.
History:  2015 a. 258.