440.094(2)(2) Practice by health care providers from other states. 440.094(2)(a)(a) Notwithstanding ss. 441.06 (4), 441.15 (2), 441.16, 446.02 (1), 447.03 (1) and (2), 448.03 (1) (a), (b), and (c) and (1m), 448.51 (1), 448.61, 448.76, 448.961 (1) and (2), 449.02 (1), 450.03 (1), 451.04 (1), 455.02 (1m), 457.04 (4), (5), (6), and (7), 459.02 (1), 459.24 (1), and 460.02, a health care provider may provide services within the scope of the credential that the health care provider holds and the department shall grant the health care provider a temporary credential to practice under this section if all of the following apply: 440.094 NoteNOTE: Section 448.03 (1) (b) was repealed by 2021 Wis. Act 23. Corrective legislation is pending. 440.094(2)(a)1.1. The health care provider applies to the department for a temporary credential under this section within 30 days of beginning to provide health care services for a health care employer. The health care provider shall include in the application an attestation of all of the following: 440.094(2)(a)1.a.a. The date on which the health care provider first provided health care services in this state under this section. 440.094(2)(a)1.b.b. That the health care provider holds a valid, unexpired credential granted in another state. 440.094(2)(a)1.c.c. The health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction. 440.094(2)(a)1.d.d. The health care provider has applied for a permanent credential granted by the department or an examining board, as applicable, under chs. 440 to 480. This subd. 1. d. does not apply to a health care provider who provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends. 440.094(2)(a)2.2. If the health care provider provides services other than services provided through telehealth as described in sub. (3), the health care employer of the health care provider attests to all of the following to the department within 10 days of the date on which the health care provider begins providing health care services in this state under this section: 440.094(2)(a)2.a.a. The health care employer has confirmed that the health care provider holds a valid, unexpired credential granted by another state. 440.094(2)(a)2.b.b. To the best of the health care employer’s knowledge and with a reasonable degree of certainty, the health care provider is not currently under investigation and no restrictions or limitations are currently placed on the health care provider’s credential by the credentialing state or any other jurisdiction. 440.094(2)(b)(b) A health care provider who practices within the scope of a temporary credential granted under this section has all rights and is subject to all responsibilities, malpractice insurance requirements, limitations on scope of practice, and other provisions that apply under chs. 440 to 480 to the practice of the health care provider. 440.094(2)(c)1.1. A temporary credential granted under this section becomes effective on the date identified in the attestation under par. (a) 1. a. that the health care provider first provided health care services in this state under this section. 440.094(2)(c)2.a.a. Except as provided in subd. 2. b., a temporary credential granted under this section expires on the date that the department, or an examining board in the department, as applicable, grants or denies the application under par. (a) 1. d. for a permanent credential submitted by the health care provider. 440.094(2)(c)2.b.b. If a health care provider provides health care services only during the period covered by a national emergency declared by the U.S. president under 50 USC 1621 in response to the 2019 novel coronavirus or during the 30 days immediately after the national emergency ends, a temporary credential granted under this section to the health care provider expires 30 days after the national emergency ends. 440.094(3)(3) Telehealth. A health care provider who practices within the scope of a temporary credential granted under this section may provide services through telehealth to a patient located in this state. 440.094 HistoryHistory: 2021 a. 10; 2021 a. 240 s. 30; 2023 a. 55, 81, 87. 440.11440.11 Communications with department. 440.11(1)(1) An applicant for or recipient of a credential who changes his or her name or moves from the last address provided to the department shall notify the department of his or her new name or address within 30 days of the change in writing or in accordance with other notification procedures approved by the department. 440.11(1m)(a)(a) An applicant for or recipient of a credential shall provide the department with a current electronic mail address at the time of application or renewal that may be used to receive electronic communications from the department. An applicant for or recipient of a credential who changes his or her electronic mail address or whose current electronic mail address becomes inactive shall notify the department of such change within 30 days of the change in writing or in accordance with other notification procedures approved by the department. 440.11(1m)(b)(b) Electronic communications under this subsection cannot be substituted for the service of any process, notice, or demand under sub. (2). 440.11(1m)(c)(c) Notwithstanding par. (a), an applicant for or recipient of a credential who does not have reasonable access to the Internet may maintain paper communication with the department. 440.11(2)(2) The department or any examining board, affiliated credentialing board or board in the department may serve any process, notice or demand on the holder of any credential by mailing it to the last-known address of the holder as indicated in the records of the department, examining board, affiliated credentialing board or board. 440.12440.12 Credential denial, nonrenewal and revocation based on tax or unemployment insurance contribution delinquency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential if any of the following applies: 440.12(1)(1) The department of revenue certifies under s. 73.0301 that the applicant or credential holder is liable for delinquent taxes. 440.12(2)(2) The department of workforce development certifies under s. 108.227 that the applicant or credential holder is liable for delinquent unemployment insurance contributions. 440.12 HistoryHistory: 1997 a. 237; 2013 a. 36. 440.12 Cross-referenceCross-reference: See also ch. SPS 9, Wis. adm. code. 440.121440.121 Credential denial, nonrenewal, and revocation based on incompetency. Notwithstanding any other provision of chs. 440 to 480 relating to issuance or renewal of a credential, the department shall deny an application for an initial credential or credential renewal or revoke a credential issued to an individual for whom the department receives a record of a declaration under s. 54.25 (2) (c) 1. d. stating that the individual is incompetent to apply for a credential under chs. 440 to 480. 440.121 HistoryHistory: 2005 a. 387. 440.13440.13 Delinquency in support payments; failure to comply with subpoena or warrant. 440.13(1)(b)(b) “Memorandum of understanding” means a memorandum of understanding entered into by the department of safety and professional services and the department of children and families under s. 49.857. 440.13(2)(2) Notwithstanding any other provision of chs. 440 to 480 relating to issuance of an initial credential or credential renewal, as provided in the memorandum of understanding: 440.13(2)(a)(a) With respect to a credential granted by the department, the department shall restrict, limit, or suspend a credential or deny an application for an initial credential if the credential holder or applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings. 440.13(2)(b)(b) With respect to credential renewal, the department shall deny an application for renewal if the applicant is delinquent in paying support or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to support or paternity proceedings. 440.13(2)(c)(c) With respect to a credential granted by a credentialing board, a credentialing board shall restrict, limit, or suspend a credential held by a person or deny an application for an initial credential when directed to do so by the department. 440.14440.14 Nondisclosure of certain personal information. 440.14(1)(a)(a) “List” means information compiled or maintained by the department or a credentialing board that contains the personal identifiers of 10 or more individuals. 440.14(1)(b)(b) “Personal identifier” means a social security number, telephone number, street name and number, electronic mail address, or post-office box number. 440.14(2)(2) If a form that the department or a credentialing board requires an individual to complete in order to apply for a credential or credential renewal or to obtain a product or service from the department or the credentialing board requires the individual to provide any of the individual’s personal identifiers, the form shall include a place for the individual to declare that the individual’s personal identifiers obtained by the department or the credentialing board from the information on the form may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5). 440.14(3)(3) If the department or a credentialing board requires an individual to provide, by telephone or other electronic means, any of the individual’s personal identifiers in order to apply for a credential or credential renewal or to obtain a product or service from the department or a credentialing board, the department or the credentialing board shall ask the individual at the time that the individual provides the information if the individual wants to declare that the individual’s personal identifiers obtained by telephone or other electronic means may not be disclosed on any list that the department or the credentialing board furnishes to another person. This subsection does not apply with respect to an application filed with the medical examining board pursuant to the interstate medical licensure compact under s. 448.980 (5). 440.14(4)(4) The department or a credentialing board shall provide to an individual upon request a form that includes a place for the individual to declare that the individual’s personal identifiers obtained by the department or credentialing board may not be disclosed on any list that the department or credentialing board furnishes to another person. 440.14(5)(a)(a) The department or a credentialing board may not disclose on any list that it furnishes to another person a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4). 440.14(5)(b)(b) Paragraph (a) does not apply to a list that the department or a credentialing board furnishes to another state agency, a law enforcement agency or a federal governmental agency. In addition, par. (a) does not apply to a list that the department or the board of nursing furnishes to the coordinated licensure information system under s. 441.51 (6). A state agency that receives a list from the department or a credentialing board containing a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency or a federal governmental agency. 440.15440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., 447.50 (3) (a) 5., 448.980 (5) (b) 3., 448.985 (3) (a) 4., 448.987 (3) (a) 5. a. and (5) (b) 2. a., 448.988 (3) (a) 5., 450.071 (3) (c) 9., 450.075 (3) (c) 9., 455.50 (3) (e) 4. and (f) 4., 457.50 (3) (b) 3. and (5) (b) 2. a., and 459.70 (3) (b) 1., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department’s or the credentialing board’s credentialing. 440.17440.17 Telehealth. If the department, an examining board, or an affiliated credentialing board promulgates rules related to telehealth, the department, the examining board, or the affiliated credentialing board shall define “telehealth” to have the meaning given in s. 440.01 (1) (hm). 440.17 HistoryHistory: 2021 a. 121. 440.19440.19 Voluntary surrender of license, permit, or certificate. A person who holds a credential may voluntarily surrender that credential. The department, examining board, affiliated credentialing board, or board of the department that issued the credential may refuse to accept that surrender if a complaint has been filed or disciplinary proceeding has been commenced against the person under s. 440.20. 440.19 HistoryHistory: 2011 a. 146; 2017 a. 331. 440.20440.20 Disciplinary proceedings. 440.20(1)(1) Any person may file a complaint before the department or any examining board, affiliated credentialing board or board in the department and request the department, examining board, affiliated credentialing board or board to commence disciplinary proceedings against any holder of a credential. 440.20(3)(3) The burden of proof in disciplinary proceedings before the department or any examining board, affiliated credentialing board or board in the department is a preponderance of the evidence. 440.20(4)(a)(a) The department or appropriate examining board, affiliated credentialing board, or board in the department may reprimand the holder of a credential or deny, limit, suspend, or revoke the credential of any person who intentionally violates s. 252.14 (2) or intentionally discloses the results of a blood test in violation of s. 252.15 (3m) (b) or (f) or (5m). 440.20(4)(b)(b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480. 440.20(5)(a)(a) The department, or the appropriate credentialing board or other board in the department, may reprimand a credential holder, or may deny, limit, suspend, or revoke a credential, if the credential holder fails to respond, to the satisfaction of the department, credentialing board, or other board in the department, within 30 days to a request for information from the department, credentialing board, or other board in the department in connection with an investigation of alleged misconduct of the credential holder. 440.20(5)(b)(b) The grounds for discipline specified under par. (a) are in addition to any grounds for discipline specified in chs. 440 to 480. 440.20 AnnotationThe constitutionality of sub. (3) is upheld. Gandhi v. Medical Examining Board, 168 Wis. 2d 299, 483 N.W.2d 295 (Ct. App. 1992). 440.20 AnnotationLaches is not available in any proceeding brought by the state in its sovereign capacity to protect a public right. A disciplinary proceeding is brought by the state in its sovereign capacity to protect a right of the public—the right to have licensed psychologists comply with the requirements of their licenses. Stein v. Psychology Examining Board, 2003 WI App 147, 265 Wis. 2d 781, 668 N.W.2d 112, 02-2726. 440.20 AnnotationA hearing is not required for a complaint filed under this section. 68 Atty. Gen. 30.
440.20 AnnotationThe “preponderance of the evidence” burden of proof under sub. (3) does not violate the due process rights of a licensee. 75 Atty. Gen. 76. 440.205440.205 Administrative warnings. If the department or a board, examining board, or affiliated credentialing board in the department determines during an investigation that there is evidence of misconduct by a credential holder, the department, board, examining board, or affiliated credentialing board may close the investigation by issuing an administrative warning to the credential holder. The department or a board, examining board or affiliated credentialing board may issue an administrative warning under this section only if the department or board, examining board or affiliated credentialing board determines that no further action is warranted because the complaint involves a minor violation and the issuance of an administrative warning adequately protects the public by putting the credential holder on notice that any subsequent violation may result in disciplinary action. If an administrative warning is issued, the credential holder may obtain a review of the administrative warning through a personal appearance before the department, board, examining board, or affiliated credentialing board that issued the administrative warning. Administrative warnings do not constitute an adjudication of guilt or the imposition of discipline and may not be used as evidence that the credential holder is guilty of the alleged misconduct. However, if a subsequent allegation of misconduct by the credential holder is received by the department or a board, examining board or affiliated credentialing board in the department, the matter relating to the issuance of the administrative warning may be reopened and disciplinary proceedings may be commenced on the matter, or the administrative warning may be used in any subsequent disciplinary proceeding as evidence that the credential holder had actual knowledge that the misconduct that was the basis for the administrative warning was contrary to law. The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings. 440.205 HistoryHistory: 1997 a. 139; 2017 a. 328. 440.205 Cross-referenceCross-reference: See also ch. SPS 8, Wis. adm. code. 440.21440.21 Enforcement of laws requiring credential. 440.21(1)(1) The department may conduct investigations, hold hearings and make findings as to whether a person has engaged in a practice or used a title without a credential required under chs. 440 to 480. 440.21(2)(2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480, the department may issue a special order enjoining the person from the continuation of the practice or use of the title. 440.21(3)(3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a credential required under chs. 440 to 480, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813. 440.21(4)(a)(a) Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph. 440.21(4)(b)(b) Notwithstanding any other provision of chs. 440 to 480 relating to fines, forfeitures, or imprisonment, any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both. 440.21 Cross-referenceCross-reference: See also ch. SPS 3, Wis. adm. code. 440.22440.22 Assessment of costs. 440.22(1)(1) In this section, “costs of the proceeding” means the compensation and reasonable expenses of hearing examiners and of prosecuting attorneys for the department, examining board, affiliated credentialing board, or other board, a reasonable disbursement for the service of process or other papers, amounts actually paid out for certified copies of records in any public office, postage, telephoning, adverse examinations and depositions and copies, expert witness fees, witness fees and expenses, compensation and reasonable expenses of experts, paralegals, real estate specialists, and investigators, and compensation and expenses of a reporter for recording and transcribing testimony. 440.22(2)(2) In any disciplinary proceeding against a holder of a credential in which the department or an examining board, affiliated credentialing board, or other board in the department orders suspension, limitation, or revocation of the credential, assesses a forfeiture, or reprimands the holder, the department, examining board, affiliated credentialing board, or other board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12 percent per year compounded annually beginning on the date that payment of the costs are due as ordered by the department, examining board, affiliated credentialing board, or other board. Upon the request of the department of safety and professional services, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.
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Chs. 440-480, Regulation and Licensing
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