Chapter 440

440.26 Cross-reference Cross-reference: See also chs. SPS 30, 31, 32, 33, 34, and 35, Wis. adm. code.

440.26 Annotation Police officers working as private security persons are subject to the same licensing provisions in this section as are non-police officers. 69 Atty. Gen. 226.

440.26 Annotation This section does not apply to qualified arson experts or other expert witnesses merely because they may investigate matters relating to their field of expertise. 76 Atty. Gen. 35.

subch. III of ch. 440 SUBCHAPTER III

BEHAVIOR ANALYSTS

440.310 440.310 Definitions. In this subchapter:

440.310(1) (1) “Behavior analyst” means a person who is certified by the Behavior Analyst Certification Board, Inc., as a board-certified behavior analyst and has been granted a license under this subchapter to engage in the practice of behavior analysis.

440.310(2) (2) “Practice of behavior analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior, including the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis, including interventions based on scientific research and the direct observation and measurement of behavior and environment. “Practice of behavior analysis” does not include psychological testing, neuropsychology, psychotherapy, cognitive therapy, sex therapy, marriage counseling, psychoanalysis, hypnotherapy, and long-term counseling as treatment modalities.

440.310 History History: 2009 a. 282.

440.311 440.311 Use of title; penalty.

440.311(1) (1) No person may use the title “behavior analyst” or represent or imply that he or she is a behavior analyst unless the person is licensed under this subchapter. This section may not be construed to restrict the practice of behavior analysis by a licensed professional who is not a behavior analyst, if the services performed are within the scope of the professional’s practice and are performed commensurate with the professional’s training and experience, and the professional does not represent that he or she is a behavior analyst.

440.311(2) (2) Any person who violates sub. (1) may be fined not more than $250, imprisoned not more than 3 months in the county jail, or both.

440.311 History History: 2009 a. 282.

440.312 440.312 Licensure.

440.312(1) (1) Except as provided in sub. (2), the department shall grant a license as a behavior analyst to a person under this subchapter if all of the following apply:

440.312(1)(a) (a) The person submits an application to the department on a form provided by the department.

440.312(1)(b) (b) The person pays the initial credential fee determined by the department under s. 440.03 (9) (a).

440.312(1)(c) (c) The person submits evidence satisfactory to the department that the person is a behavior analyst certified by the Behavior Analyst Certification Board, Inc., or its successor organization.

440.312(2) (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, 940.302 (2) (a) 1. b., 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, 948.12, or 948.125.

440.312 History History: 2009 a. 282; 2013 a. 362; 2017 a. 128; 2023 a. 224.

440.313 440.313 Renewal.

440.313(1) (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).

440.313(2) (2) A behavior analyst shall, at the time that he or she applies for renewal of a license under sub. (1), submit proof satisfactory to the department that he or she is, at the time he or she applies for renewal, certified by the Behavior Analyst Certification Board, Inc., or its successor organization.

440.313 History History: 2009 a. 282.

440.314 440.314 Rules.

440.314(1) (1) The department may promulgate rules necessary to administer this subchapter, including rules of conduct by behavior analysts and by holders of temporary permits under sub. (2). Except as provided in subs. (2) and (3), any rules regarding the practice of behavior analysis shall be consistent with standards established by the Behavior Analyst Certification Board, Inc., or its successor organization.

440.314(2) (2) The department may promulgate rules authorizing the department to issue a temporary permit to a person who is certified by the Behavior Analyst Certification Board, Inc., or its successor organization authorizing the practice of behavior analysis by the person under the supervision of a behavior analyst licensed under s. 440.312 (1).

440.314(3) (3) The rules may not do any of the following:

440.314(3)(a) (a) Require an applicant for a license under this subchapter to have education in addition to the education required by the Behavior Analyst Certification Board, Inc., or its successor organization.

440.314(3)(b) (b) Require a behavior analyst to practice behavior analysis under the supervision of, or in collaboration with, another health care provider.

440.314(3)(c) (c) Require a behavior analyst to enter into an agreement, written or otherwise, with another health care provider.

440.314(3)(d) (d) Limit the location where a behavior analyst may practice behavior analysis.

440.314 History History: 2009 a. 282; 2011 a. 260 ss. 55, 80.

440.315 440.315 Informed consent. A behavior analyst shall, at an initial consultation with a client, provide a copy of the rules promulgated by the department under this subchapter and shall disclose to the client orally and in writing all of the following:

440.315(1) (1) A summary of the behavior analyst’s experience and training.

440.315(2) (2) Any other information required by the department by rule.

440.315 History History: 2009 a. 282.

440.316 440.316 Disciplinary proceedings and actions.

440.316(1) (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.

440.316(2) (2) Subject to the rules promulgated under s. 440.03 (1), the department may reprimand a behavior analyst or deny, limit, suspend, or revoke a license granted under this subchapter if the department finds that the applicant or the behavior analyst has done any of the following:

440.316(2)(a) (a) Intentionally made a material misstatement in an application for a license or for renewal of a license.

440.316(2)(b) (b) Subject to ss. 111.321, 111.322, and 111.34, practiced behavior analysis while his or her ability to engage in the practice was impaired by alcohol or other drugs.

440.316(2)(c) (c) Advertised in a manner that is false or misleading.

440.316(2)(d) (d) In the course of the practice of behavior analysis, made a substantial misrepresentation that was relied upon by a client.

440.316(2)(e) (e) In the course of the practice of behavior analysis, engaged in conduct that evidences an inability to apply the principles or skills of behavior analysis.

440.316(2)(f) (f) Obtained or attempted to obtain compensation through fraud or deceit.

440.316(2)(g) (g) Allowed another person to use a license granted under this subchapter.

440.316(2)(h) (h) Violated any law of this state or federal law that substantially relates to the practice of behavior analysis, violated this subchapter, or violated any rule promulgated under this subchapter.

440.316(2)(i) (i) Engaged in unprofessional conduct.

440.316(3) (3) Subject to the rules promulgated under s. 440.03 (1), the department shall revoke a license granted under this subchapter if the behavior analyst is convicted of any of the offenses specified in s. 440.312 (2).

440.316 History History: 2009 a. 282; 2015 a. 197 s. 51.

440.317 440.317 Advisory committee. The department may appoint an advisory committee under s. 440.042 to advise the department on matters relating to the regulation of behavior analysts.

440.317 History History: 2009 a. 282.

subch. IV of ch. 440 SUBCHAPTER IV

TRANSPORTATION NETWORK COMPANIES

440.40 440.40 Definitions. In this subchapter:

440.40(1) (1) “Digital network” means any Internet site or online-enabled application, software, or system that permits the prearrangement of transportation network services.

440.40(2) (2) “Licensed company” means a transportation network company that is licensed under s. 440.415.

440.40(3) (3) “Participating driver” means an individual who does all of the following:

440.40(3)(a) (a) Pays a fee to a transportation network company to be connected to a passenger for the purpose of engaging in transportation network services.

440.40(3)(b) (b) Uses a personal vehicle to engage in transportation network services for compensation.

440.40(4) (4) “Passenger” means an individual who uses a transportation network company’s digital network to connect to a participating driver for transportation network services, and, unless the context requires otherwise, includes all other persons in that individual’s party who accompany that individual in the participating driver’s personal vehicle in connection with those transportation network services.

440.40(5) (5) “Personal vehicle” means a motor vehicle that satisfies all of the following conditions:

440.40(5)(a) (a) A participating driver owns, leases, or is otherwise authorized to use the motor vehicle.

440.40(5)(b) (b) The motor vehicle is not a taxicab, limousine, shuttle, or other for-hire vehicle or a commercial motor vehicle, as defined in 49 CFR 390.5.

440.40(6) (6) “Transportation network company” means a business that, for compensation, uses a digital network to connect passengers to participating drivers for the purpose of providing transportation network services to those passengers. “Transportation network company” does not include a taxicab, limousine, shuttle, or other for-hire vehicle service.

440.40(7) (7) “Transportation network services” means transportation provided to a passenger in the participating driver’s personal vehicle. A participating driver is considered to be engaged in transportation network services beginning when the participating driver accepts a passenger’s request for transportation received through a transportation network company’s digital network, continuing while the participating driver transports that passenger in the participating driver’s personal vehicle, and ending when that passenger, or the last person in that passenger’s party, whichever occurs later, exits the participating driver’s personal vehicle. “Transportation network services” does not include transportation in a taxicab, limousine, shuttle, or other for-hire vehicle.

440.40 History History: 2015 a. 16.

440.41 440.41 License required.

440.41(1) (1) No person may operate a transportation network company in this state unless the transportation network company is a licensed company.

440.41(2) (2) No person may engage in transportation network services in this state unless the person is a participating driver for a licensed company. A licensed company is not considered to control, direct, or manage a participating driver or that participating driver’s personal vehicle used for engaging in transportation network services, except as provided in this subchapter or in a written agreement between the licensed company and the participating driver.

440.41 History History: 2015 a. 16.

440.415 440.415 Licensure of transportation network companies.

440.415(1) (1) Initial license. The department shall grant a license to operate a transportation network company in this state to an applicant for licensure if the department determines that all of the following requirements are met:

440.415(1)(a) (a) The applicant submits an application to the department on a form prescribed by the department. The application shall include the applicant’s name, address, tax identification number, and any other information required by the department by rule.

440.415(1)(b) (b) The applicant is a transportation network company.

440.415(1)(c) (c) The applicant demonstrates to the satisfaction of the department that it satisfies all applicable requirements under ss. 440.42, 440.44, 440.45, and 440.48.

440.415(1)(d) (d) Notwithstanding s. 440.03 (9) (a), the applicant pays an initial licensure fee of $5,000.

440.415(2) (2) Renewal.

440.415(2)(a) (a) The renewal date for a license granted under sub. (1) is specified in s. 440.08 (2) (a) 69m. A renewal application shall be submitted to the department on a form prescribed by the department and shall include any information required by the department by rule.

440.415(2)(b) (b) The renewal application for a licensed company shall include a renewal fee of $5,000 or the renewal fee determined by the department under s. 440.03 (9) (a), if any, whichever is less.

440.415 History History: 2015 a. 16.

440.415 Cross-reference Cross-reference: See also ch. SPS 210, Wis. adm. code.

440.42 440.42 Agent. Each licensed company shall maintain an agent for service of process in this state.

440.42 History History: 2015 a. 16.

440.425 440.425 Fare disclosures. Each licensed company shall do all of the following:

440.425(1) (1) Disclose its fare calculation method on its Internet site.

440.425(2) (2) Inform each prospective passenger or the prospective passenger’s authorized representative of all applicable fare rates.

440.425(3) (3) Give each prospective passenger or the prospective passenger’s authorized representative the option to receive an estimated fare before the passenger enters a participating driver’s personal vehicle for transportation network services.