2023 Wisconsin Statutes & Annotations › Chapter 440 - Department of safety and professional services. › 440.03 - General duties and powers of the department.

440.03
General duties and powers of the department.
(1)
The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
(1c)
The department shall promulgate rules specifying a procedure for addressing allegations that a credential holder has practiced while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a credential holder who requests to participate in the procedure. In promulgating rules under this subsection, the department shall seek to facilitate early identification of chemically dependent credential holders and encourage their rehabilitation. The rules promulgated under this subsection may be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards attached to the department or an examining board in conjunction with the procedures established under sub. (1). The department may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.
(1m)
The department may promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in s. 227.116 (1g), that is issued under chs. 440 to 480.
(2)
The department may provide examination development services, consultation and technical assistance to other state agencies, federal agencies, counties, cities, villages, towns, national or regional organizations of state credentialing agencies, similar credentialing agencies in other states, national or regional accrediting associations, and nonprofit organizations. The department may charge a fee sufficient to reimburse the department for the costs of providing such services. In this subsection, “nonprofit organization" means a nonprofit corporation as defined in s. 181.0103 (17), and an organization exempt from tax under 26 USC 501.
(3)
If the secretary reorganizes the department, no modification may be made in the powers and responsibilities of the examining boards or affiliated credentialing boards attached to the department or an examining board under s. 15.405 or 15.406.
(3m)
The department may investigate complaints made against a person who has been issued a credential.
(3q)
Notwithstanding sub. (3m), the department of safety and professional services shall investigate any report that it receives under s. 146.40 (4r) (em).
(4)
The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of disciplinary proceedings.
(4m)
Except as otherwise permitted in chs. 440 to 480, the department may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.
(5)
The department may investigate allegations of negligence by physicians licensed to practice medicine and surgery under ch. 448.
(5m)
The department shall maintain a toll-free telephone number to receive reports of allegations of unprofessional conduct, negligence or misconduct involving a physician licensed under subch. II of ch. 448. The department shall publicize the toll-free telephone number and the investigative powers and duties of the department and the medical examining board as widely as possible in the state, including in hospitals, clinics, medical offices and other health care facilities.
(6)
The department shall have access to any information contained in the reports filed with the medical examining board, an affiliated credentialing board attached to the medical examining board and the board of nursing under s. 655.045, as created by 1985 Wisconsin Act 29, and s. 655.26.
(7)
The department shall establish the style, content, and format of all credentials and of all forms for applying for any initial credential or credential renewal. All forms shall include a place for the information required under sub. (11m) (a). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.
(7m)
The department may promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission. Any rules promulgated under this subsection shall specify procedures for complying with any requirement that a fee be submitted with the application. The rules may also waive any requirement in chs. 440 to 480 that an application submitted to the department, an examining board, or an affiliated credentialing board be executed, verified, signed, sworn, or made under oath, notwithstanding ss. 440.26 (2) (b), 440.91 (2) (intro.), 443.06 (1) (a), 443.10 (2) (a), 445.04 (2), 445.095 (1) (a), 448.05 (7), 450.09 (1) (a), 452.10 (1), and 480.08 (2m).
(8)
The department may promulgate rules requiring holders of certain credentials to do any of the following:
(a)
Display the credential in a conspicuous place in the holder's office or place of practice or business, if the holder is not required by statute to do so.
(b)
Post a notice in a conspicuous place in the holder's office or place of practice or business describing the procedures for filing a complaint against the holder.
(9)
(a)
Subject to pars. (b) and (c) and s. 458.33 (2) (b) and (5), the department shall, biennially, determine each fee for an initial credential for which no examination is required, for a reciprocal credential, and for a credential renewal and any fees imposed under ss. 448.986 (2) and 448.9875 (2) by doing all of the following:
1.
Recalculating the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under chs. 440 to 480.
2.
Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fees imposed under ss. 448.986 (2) and 448.9875 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.
(b)
The department may not recommend an initial credential fee that exceeds the amount of the fee that the department recommends for a renewal of the same credential, if no examination is required for the initial credential.
(c)
The cemetery board may by rule impose a fee in addition to the renewal fee determined by the department under this subsection for renewal of a license granted under s. 440.91 (1).
(d)
Not later than 14 days after completing proposed fee adjustments under par. (a), the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments until the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department shall notify credential holders of the fee adjustments by posting the fee adjustments on the department's Internet website and in credential renewal notices sent to affected credential holders under s. 440.08 (1).
(11)
The department shall cooperate with the department of health services to develop a program to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health services in the evaluation of community mental health programs in exchange for continuing education credits for the professionals under ss. 448.40 (2) (e) and 455.065 (5).
(11m)
(a)
Each application form for an initial credential or credential renewal shall provide a space for the department to require an applicant for the initial credential or credential renewal, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under par. (am), to provide his or her social security number. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.
(am)
If an applicant specified in par. (a) is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.
(b)
The real estate examining board shall deny an application for an initial credential or deny an application for credential renewal if any information required under par. (a) is not included in the application form or, in the case of an applicant who is an individual and who does not have a social security number, if the statement required under par. (am) is not included with the application form.
(c)
The department may not disclose a social security number obtained under par. (a) to any person except for the following:
1.
The coordinated licensure information system under s. 441.51 (6).
2.
The coordinated licensure information system under s. 448.980 (8), if such disclosure is required under the interstate medical licensure compact under s. 448.980.
2m.
The coordinated database and reporting system under s. 448.985 (8), if such disclosure is required under the physical therapy licensure compact under s. 448.985.
2r.
The coordinated database and reporting system under s. 448.987 (9), if such disclosure is required under the occupational therapy licensure compact under s. 440.987.
2s.
The coordinated licensure information system under s. 455.50 (9), if such disclosure is required under the psychology interjurisdictional compact under s. 455.50.
3.
The department of children and families for purposes of administering s. 49.22.
4.
For a social security number obtained under par. (a), the department of revenue for the purpose of requesting certifications under s. 73.0301, administering the initial credential fee reduction under s. 440.052, and administering state taxes and the department of workforce development for the purpose of requesting certifications under s. 108.227.
(12m)
The department of safety and professional services shall cooperate with the departments of justice, children and families, and health services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of safety and professional services, including whether that credential has been restricted in any way.
(13)
(a)
1.
The department may conduct an investigation to determine whether an applicant for a credential satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements of pars. (b) and (c). Once all required information has been received and the department has completed its investigation, the application shall be considered complete.
2.
Once an application is considered complete following an investigation as provided in subd. 1., the department shall, for a credential that is granted by a credentialing board, do one of the following:
a.
Forward the application to the credentialing board or the credentialing board's designee with the results of the department's investigation and a recommendation on whether to approve the application, approve the application with limitations, deny the application, or conduct further review. If the department forwards an application under this subd. 2. a., does not recommend further review of the application, and recommends that the application be approved or approved with limitations, the department shall notify the credentialing board or credentialing board's designee of the date on which the application is forwarded and the date on which the application would be considered approved under s. 440.035 (1r) unless anything specified in s. 440.035 (1r) (a) to (d) occurs prior to that date.
b.
In accordance with authority delegated to the department under s. 440.035 (1p), approve the application, approve the application with limitations, or deny the application.
(am)
A person holding a credential who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
(b)
The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., and 455.50 (3) (e) 4. and (f) 4.:
NOTE: Par. (b) (intro.) is shown as amended by 2021 Wis. Acts 123 and 131 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
1.
Accountant, certified public.
2.
Acupuncturist.
3.
Advanced practice nurse prescriber.
4.
Aesthetician.
5.
Aesthetics instructor.
5m.
Substance abuse counselor, clinical supervisor, or prevention specialist.
5r.
Anesthesiologist assistant.
5s.
Appraisal management company.
6.
Appraiser, real estate, certified general.
7.
Appraiser, real estate, certified residential.
8.
Appraiser, real estate, licensed.
9.
Architect.
10.
Athletic trainer.
11.
Auctioneer.
12.
Audiologist.
13.
Barber.
14.
Barbering instructor.
15m.
Behavior analyst.
16.
Boxer.
17.
Cemetery preneed seller.
18.
Cemetery salesperson.
18g.
Chiropractic radiological technician.
18r.
Chiropractic technician.
19.
Chiropractor.
19e.
Cosmetologist.
19m.
Cosmetology instructor.
20.
Dental hygienist.
21.
Dentist.
22.
Designer of engineering systems.
23.
Dietitian.
24.
Drug distributor.
25.
Drug manufacturer.
26.
Electrologist.
27.
Electrology instructor.
28.
Engineer, professional.
28m.
Expanded function dental auxiliary.
30.
Funeral director.
30m.
Genetic counselor.
31.
Hearing instrument specialist.
32.
Home inspector.
32m.
Juvenile martial arts instructor.
33.
Landscape architect.
34.
Land surveyor, professional.
35.
Manicuring instructor.
36.
Manicurist.
37.
Marriage and family therapist.
38.
Massage therapist or bodywork therapist.
38m.
Mobile dentistry program registrant.
39.
Music, art, or dance therapist.
39g.
Naturopathic doctor.
39h.
Naturopathic doctor, limited-scope.
40.
Nurse, licensed practical.
41.
Nurse, registered.
42.
Nurse-midwife.
43.
Nursing home administrator.
44.
Occupational therapist.
45.
Occupational therapy assistant.
46.
Optometrist.
47.
Perfusionist.
48.
Pharmacist.
48m.
Pharmacy technician.
49.
Physical therapist.
50.
Physical therapist assistant.
51.
Physician.
52.
Physician assistant.
53.
Podiatrist.
54.
Private detective.
55.
Private practice school psychologist.
56.
Private security person.
57.
Professional counselor.
59.
Professional geologist.
60.
Professional hydrologist.
61.
Professional soil scientist.
62.
Psychologist.
63.
Real estate broker.
64.
Real estate salesperson.
65.
Registered interior designer.
66.
Respiratory care practitioner.
66d.
Sanitarian.
67.
Social worker.
68.
Social worker, advanced practice.
69.
Social worker, independent.
70.
Social worker, independent clinical.
71.
Speech-language pathologist.
75.
Any other profession or occupation specified by law that is regulated by the department or a credentialing board.
(bm)
1.
Upon request by a credentialing board or other board in the department, the department shall conduct an investigation to determine whether an individual seeking a determination by that board under s. 111.335 (4) (f) has an arrest or conviction record. In conducting an investigation under this subdivision, the department may require an individual to provide any information that is necessary for the investigation.
2.
Upon application seeking a determination by the department under s. 111.335 (4) (f), the department shall conduct an investigation to determine whether the individual has an arrest or conviction record. In conducting an investigation under this subdivision, the department may require an individual to provide any information that is necessary for the investigation.
(c)
The department shall require an applicant for a private detective license or a private security permit under s. 440.26, an applicant for a juvenile martial arts instructor permit under sub. (17), an applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08, an applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c), an applicant for a compact license under s. 448.05 (2) (f), an applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535, an applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4), an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a., an applicant for a psychologist license under s. 455.04, and a person for whom the department conducts an investigation under par. (b), to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants for a real estate appraiser certification under s. 458.06 or license under s. 458.08, of all applicants for a multistate license under s. 441.06 (1c) or 441.10 (1c), of all applicants for a compact license under s. 448.05 (2) (f), of all applicants for a physical therapist license under s. 448.53 or a physical therapist assistant license under s. 448.535, and of all applicants for a psychologist license under s. 455.04, to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions. Information obtained from the federal bureau of investigation may be shared with the department or the appropriate credentialing board, but shall otherwise be kept confidential and is not subject to disclosure under s. 19.35.
NOTE: Par. (c) is shown as amended by 2021 Wis. Acts 123 and 131 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
(d)
The department shall charge an applicant, including an applicant seeking a determination under s. 111.335 (4) (f), any fees, costs, or other expenses incurred in conducting any investigation under this subsection or s. 440.26. The department shall charge an applicant seeking licensure through the interstate medical licensure compact under s. 448.980, directly or indirectly, for any expenses incurred in conducting any investigation under s. 448.980 (5) (b) 3.
(e)
After the department submits under par. (a) 2. a. a completed application for a credential to a credentialing board or the designee of the credentialing board, for which the department recommends approval or approval with limitations and does not recommend any further review by the credentialing board or the credentialing board's designee, the department may notify the applicant that, unless anything specified in s. 440.035 (1r) (a) to (d) occurs prior to that date, the application will be considered to have been approved by the credentialing board in accordance with the department's recommendation on the 10th business day following the date of submission and the credential will be issued no later than the 10th business day following that date.
(14)
(a)
1.
The department shall grant a certificate of registration as a music therapist to a person if all of the following apply:
a.
The person is certified, registered or accredited as a music therapist by the Certification Board for Music Therapists, National Music Therapy Registry, American Music Therapy Association or by another national organization that certifies, registers or accredits music therapists.
b.
The organization that certified, registered or accredited the person under subd. 1. a. is approved by the department.
c.
The person pays the initial credential fee determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 1. a.
2.
The department shall grant a certificate of registration as an art therapist to a person if all of the following apply:
a.
The person is certified, registered or accredited as an art therapist by the Art Therapy Credentials Board or by another national organization that certifies, registers or accredits art therapists.
b.
The organization that certified, registered or accredited the person under subd. 2. a. is approved by the department.
c.
The person pays the initial credential fee determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 2. a.
3.
The department shall grant a certificate of registration as a dance therapist to a person if all of the following apply:
a.
The person is certified, registered or accredited as a dance therapist by the American Dance Therapy Association or by another national organization that certifies, registers or accredits dance therapists.
b.
The organization that certified, registered or accredited the person under subd. 3. a. is approved by the department.
c.
The person pays the initial credential fee determined by the department under s. 440.03 (9) (a) and files with the department evidence satisfactory to the department that he or she is certified, registered or accredited as required under subd. 3. a.
(am)
The department may promulgate rules that establish requirements for granting a license to practice psychotherapy to a person who is registered under par. (a). Rules promulgated under this paragraph shall establish requirements for obtaining such a license that are comparable to the requirements for obtaining a clinical social worker, marriage and family therapist, or professional counselor license under ch. 457. If the department promulgates rules under this paragraph, the department shall grant a license under this paragraph to a person registered under par. (a) who pays the initial credential fee determined by the department under s. 440.03 (9) (a) and provides evidence satisfactory to the department that he or she satisfies the requirements established in the rules.
(b)
A person who is registered under par. (a) shall notify the department in writing within 30 days if an organization specified in par. (a) 1. a., 2. a. or 3. a. revokes the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. The department shall revoke a certificate of registration granted under par. (a) if such an organization revokes such a certification, registration, or accreditation. If the department revokes the certificate of registration of a person who also holds a license granted under the rules promulgated under par. (am), the department shall also revoke the license.
(c)
The renewal dates for certificates granted under par. (a) and licenses granted under par. (am) are 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) and evidence satisfactory to the department that the person's certification, registration, or accreditation specified in par. (a) 1. a., 2. a., or 3. a. has not been revoked.
(d)
The department shall promulgate rules that specify the services within the scope of practice of music, art, or dance therapy that a person who is registered under par. (a) is qualified to perform. The rules may not allow a person registered under par. (a) to perform psychotherapy unless the person is granted a license under the rules promulgated under par. (am).
(e)
Subject to the rules promulgated under sub. (1), the department may make investigations and conduct hearings to determine whether a violation of this subsection or any rule promulgated under par. (d) has occurred and may reprimand a person who is registered under par. (a) or holds a license granted under the rules promulgated under par. (am) or may deny, limit, suspend, or revoke a certificate of registration granted under par. (a) or a license granted under the rules promulgated under par. (am) if the department finds that the applicant or certificate or license holder has violated this subsection or any rule promulgated under par. (d).
(f)
A person who is registered under par. (a) or holds a license granted under the rules promulgated under par. (am) who violates this subsection or any rule promulgated under par. (d) may be fined not more than $200 or imprisoned for not more than 6 months or both.
(15)
The department shall promulgate rules that establish the fees specified in ss. 440.05 (10) and 440.08 (2) (d).
(17)
(a)
In this subsection:
1.
“Disqualified offender" means any of the following:
a.
A person who is required to comply with the reporting requirements under s. 301.45 (1g).
b.
A person who has been convicted of a violation of s. 940.01 or a violation of the law of another state or the United States that would be a violation of s. 940.01 if committed in this state.
2.
“Martial arts instruction" means instruction in self-defense or combat, but does not include instruction in the use of a firearm, bow and arrow, or crossbow.
(b)
No person may, for a fee, provide martial arts instruction to a minor if the person is a disqualified offender.
(c)
No person may, for a fee, provide martial arts instruction to a minor unless the person has been issued a permit under this subsection.
(d)
Except as provided in par. (e), the department shall grant a juvenile martial arts instructor permit to a person if the person pays the fee specified in s. 440.05 (1).
(e)
Pursuant to s. 440.03 (13) (b), the department shall investigate an applicant for a permit under this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department may not issue a juvenile martial arts instructor permit to a person who is a disqualified offender and shall revoke a permit issued to a person under this subsection if, after the permit is issued, the person becomes a disqualified offender.
(f)
If a person who holds a permit under this subsection becomes a disqualified offender, the person shall notify the department within 14 days of the date of the conviction.
(g)
The department may conduct periodic audits to determine whether any person who holds a permit under this subsection is a disqualified offender.
History:  1977 c. 418 ss. 24, 792; 1979 c. 34, 221, 337; 1981 c. 94; 1985 a. 29, 340; 1989 a. 31, 340; 1991 a. 39; 1993 a. 16, 102, 107, 443, 445, 490, 491; 1995 a. 27 ss. 6472g, 6472j, 9126 (19); 1995 a. 233; 1997 a. 27, 75, 79; 1997 a. 191 ss. 312, 313, 318; 1997 a. 231, 237; 1997 a. 261 ss. 1 to 4, 7, 10, 13; 1997 a. 311; 1999 a. 9, 32; 2001 a. 16, 66, 80; 2003 a. 151; 2005 a. 25; 2007 a. 20 ss. 3449 to 3462, 9121 (6) (a); 2007 a. 153, 189; 2009 a. 28, 130, 276, 282, 355; 2011 a. 32, 146, 160, 190, 255; 2013 a. 20, 36, 124, 244, 288, 358; 2015 a. 55, 116; 2015 a. 197 s. 51; 2015 a. 258; 2017 a. 59, 82, 113, 135, 278, 319, 329, 331; 2017 a. 365 ss. 79, 112; 2019 a. 49 ss. 1 to 3; 2019 a. 100; 2021 a. 100, 118, 123, 130, 131, 251, 254; s. 13.92 (2) (i); s. 35.17 correction in (13) (b) (intro.).
Notwithstanding the absence of any state statute limiting eligibility for professional licenses or credentials to persons who are in the country legally, federal law is controlling so that the Department of Regulation and Licensing is prohibited from granting any professional license or credential to an alien who is present in the United States illegally. Because the department is prohibited from issuing professional licenses or credentials to illegal aliens, the department must put in place some procedure practicably designed to reasonably insure that it does not issue licenses or credentials in violation of federal law. OAG 3-07.