Wisconsin Legislature: 440.03(13)(c)

440.03(13)(bm)1.1. 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.

440.03(13)(bm)2.2. 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.

440.03(13)(c)(c)

440.03(13)(c)1.1. The department shall require all of the following to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person’s fingerprints:

440.03(13)(c)1.a.a. An applicant for a private detective license or a private security permit under s. 440.26.

440.03(13)(c)1.b.b. An applicant for a juvenile martial arts instructor permit under sub. (17).

440.03(13)(c)1.c.c. An applicant for a real estate appraiser certification under s. 458.06 or license under s. 458.08.

440.03(13)(c)1.d.d. An applicant for a multistate license under s. 441.06 (1c) or 441.10 (1c).

440.03(13)(c)1.e.e. An applicant for a compact license under s. 448.05 (2) (f).

440.03(13)(c)1.f.f. An applicant for a physical therapist license under s. 448.53 or physical therapist assistant license under s. 448.535.

440.03(13)(c)1.g.g. An applicant for an occupational therapist or occupational therapy assistant compact privilege under s. 448.987 (4) and an applicant for an occupational therapist or occupational therapy assistant license described in s. 448.987 (5) (b) 2. a.

440.03(13)(c)1.h.h. An applicant for a psychologist license under s. 455.04.

440.03(13)(c)1.i.i. An applicant for a professional counselor license or privilege to practice under s. 457.12 when required pursuant to the counseling compact under s. 457.50.

440.03(13)(c)1.j.j. An applicant for an audiologist or speech-language pathologist license or compact privilege under s. 459.24 when required pursuant to the audiology and speech-language pathology interstate compact under s. 459.70.

440.03 NoteNOTE: Subd. 1. j. was created as subd. 1. i. by 2023 Wis. Act 56 and renumbered to subd. 1. j. by the legislative reference bureau under s. 13.92 (1) (bm) 2.

440.03(13)(c)1.k.k. An applicant for a physician assistant license or compact privilege under s. 448.974 when required pursuant to the PA licensure compact under s. 448.988.

440.03 NoteNOTE: Subd. 1. k. was created as subd. 1. i. by 2023 Wis. Act 81 and renumbered to subd. 1. k. by the legislative reference bureau under s. 13.92 (1) (bm) 2.

440.03(13)(c)1.L.L. An applicant for a dentist or dental hygienist license or compact privilege under s. 447.04 when required pursuant to the dentist and dental hygienist compact under s. 447.50.

440.03(13)(c)1.z.z. A person for whom the department conducts an investigation under par. (b).

440.03 NoteNOTE: Par. (c) (intro.) and 1. a. to h. and z. is shown as affected by 2023 Wis. Act 55, section 31, 2023 Wis. Act 56, section 12, and 2023 Wis. Act 81, section 18, and as merged by the legislative reference bureau under s. 13.92 (2) (i).

440.03(13)(c)2.2. The department of justice may submit the fingerprint cards, and the department of justice shall submit the fingerprint cards of all applicants identified in subd. 1. c. to L., 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.

440.03(13)(c)3.3. 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.

440.03 NoteNOTE: Subd. 3. is shown as affected by 2023 Wis. Act 55, section 31, 2023 Wis. Act 56, section 12, and 2023 Wis. Act 81, section 18, and as merged by the legislative reference bureau under s. 13.92 (2) (i).

440.03(13)(d)(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.

440.03(13)(e)(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.

440.03(14)(14)

440.03(14)(a)(a)

440.03(14)(a)1.1. The department shall grant a certificate of registration as a music therapist to a person if all of the following apply:

440.03(14)(a)1.a.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.

440.03(14)(a)1.b.b. The organization that certified, registered or accredited the person under subd. 1. a. is approved by the department.

440.03(14)(a)1.c.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.

440.03(14)(a)2.2. The department shall grant a certificate of registration as an art therapist to a person if all of the following apply:

440.03(14)(a)2.a.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.

440.03(14)(a)2.b.b. The organization that certified, registered or accredited the person under subd. 2. a. is approved by the department.

440.03(14)(a)2.c.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.

440.03(14)(a)3.3. The department shall grant a certificate of registration as a dance therapist to a person if all of the following apply:

440.03(14)(a)3.a.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.

440.03(14)(a)3.b.b. The organization that certified, registered or accredited the person under subd. 3. a. is approved by the department.

440.03(14)(a)3.c.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.

440.03(14)(am)(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 subch. I of 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.

440.03(14)(b)(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.

440.03(14)(c)(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.

440.03(14)(d)(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).

440.03 Cross-referenceCross-reference: See also chs. SPS 140, 141, and 142, Wis. adm. code.

440.03(14)(e)(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).

440.03(14)(f)(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.

440.03(15)(15) The department shall promulgate rules that establish the fees specified in ss. 440.05 (10) and 440.08 (2) (d).

440.03(17)(17)

440.03(17)(a)(a) In this subsection:

440.03(17)(a)1.1. “Disqualified offender” means any of the following:

440.03(17)(a)1.a.a. A person who is required to comply with the reporting requirements under s. 301.45 (1g).

440.03(17)(a)1.b.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.

440.03(17)(a)2.2. “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.

440.03(17)(b)(b) No person may, for a fee, provide martial arts instruction to a minor if the person is a disqualified offender.

440.03(17)(c)(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.

440.03(17)(d)(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).

440.03(17)(e)(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.

440.03(17)(f)(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.

440.03(17)(g)(g) The department may conduct periodic audits to determine whether any person who holds a permit under this subsection is a disqualified offender.

440.03 HistoryHistory: 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; 2023 a. 55, 56, 81, 87, 88; s. 13.92 (1) (bm) 2.; s. 13.92 (2) (i).

440.03 Cross-referenceCross-reference: See also SPS, Wis. adm. code.

440.03 AnnotationNotwithstanding 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.