reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.90 - Definitions.

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. 157.061 (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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.905 - General duties and powers of board.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.93 - Disciplinary actions and proceedings.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.95 - Penalties.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.955 - Injunctive relief.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.97 - Definitions.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9712 - Registration required.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9715 - Applicability.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.972 - Registration of home inspectors.

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 circumstances 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.973 - Examinations.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.974 - Rules.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.976 - Disclaimers or limitation of liability.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.977 - Liability of home inspectors.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.979 - Report by department.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.98 - Sanitarians; qualifications, duties, registration.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9805 - Definitions.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.981 - Use of title; penalty.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.982 - Licensure.

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 a nurse-midwife 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, 948.075, 948.08, 948.081, 948.09, 948.095, 948.10, 948.11, or 948.12 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 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.983 - Renewal of licensure.

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 credential 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.984 - Rule making.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.985 - Informed consent.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.986 - Disciplinary proceedings and actions.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.987 - Advisory committee.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.988 - Vicarious liability.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9905 - Service of process.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.991 - Athlete agents: registration required; void contracts.

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 this section is void and the athlete agent shall return any consideration received under the contract.
History:  2003 a. 150; 2019 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9925 - Suspension, revocation, or refusal to renew registration.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9935 - Renewal.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.994 - Required form of contract.

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 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.995 - Student athlete's right to cancel.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9955 - Required records.

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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.996 - Prohibited conduct.

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 misleading 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.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.997 - Civil remedies.

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 an unfair method of competition and unfair trade practice prohibited under s. 100.20.
History:  2003 a. 150; 2019 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.998 - Uniformity of application and construction.

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).
History:  2003 a. 150; 2019 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.9985 - Relation to Electronic Signatures in Global and National Commerce Act.

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.
2023 Wisconsin Statutes & Annotations › Chapter 441 - Board of nursing. › 441.01 - Board of nursing.

441.01
Board of nursing.
(3)
The board may establish minimum standards for schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch. 227.
(4)
The board shall direct that those schools that qualify be placed on a list of schools the board has approved for professional nurses or of schools the board has approved for licensed practical nurses on application and proof of qualifications; and shall make a study of nursing education and initiate rules and policies to improve it.
(5)
The board may promote the professional education of graduate registered nurses licensed in Wisconsin, through creation of scholarships available to such graduate registered nurses, by foundation of professorships in nursing courses in Wisconsin colleges and universities, by conducting educational meetings, seminars, lectures, demonstrations and the like open to registered nurses, by publication and dissemination of technical information or by other similar activities designed to improve the standards of the nursing profession in this state. The board may promote the training of licensed practical nurses through support of workshops and institutes and by conducting meetings, lectures, demonstrations and the like open to licensed practical nurses.
(6)
The board shall investigate any nurse anesthetist who is found to have acted negligently by a panel established under s. 655.02, 1983 stats., or by a court.
(7)
(a)
The board shall require each applicant for the renewal of a registered nurse or licensed practical nurse license issued under this chapter to do all of the following as a condition for renewing the license:
1.
Complete and submit to the department with the application for renewal of the license a nursing workforce survey developed by the department of workforce development under s. 106.30 (2).
2.
Pay a nursing workforce survey fee of $4. All moneys received under this subdivision shall be deposited into the general fund and credited to the appropriation account under s. 20.165 (1) (jm).
(b)
The board may not renew a registered nurse or licensed practical nurse license under this chapter unless the renewal applicant has completed the nursing workforce survey to the satisfaction of the board. The board shall establish standards to determine whether the survey has been completed. The board shall, by no later than June 30 of each odd-numbered year, submit all completed nursing workforce survey forms to the department of workforce development.
History:  1971 c. 125; 1975 c. 37; 1977 c. 29, 418; 1979 c. 34; 1983 a. 253, 1983 a. 273 ss. 2, 8; 1985 a. 340; 1987 a. 264; 1999 a. 22; 2009 a. 28; 2013 a. 124; 2017 a. 329, 364.