Chapter 440

440.947   Disclosures and representations for certain sales.

440.95   Penalties.

440.955   Injunctive relief.

SUBCHAPTER XI

HOME INSPECTORS

440.97   Definitions.

440.971   Registry established.

440.9712   Registration required.

440.9715   Applicability.

440.972   Registration of home inspectors.

440.973   Examinations.

440.974   Rules.

440.975   Standards of practice.

440.976   Disclaimers or limitation of liability.

440.977   Liability of home inspectors.

440.978   Discipline; prohibited acts.

440.979   Report by department.

SUBCHAPTER XII

SANITARIANS

440.98   Sanitarians; qualifications, duties, registration.

SUBCHAPTER XIII

LICENSED MIDWIVES

440.9805   Definitions.

440.981   Use of title; penalty.

440.982   Licensure.

440.983   Renewal of licensure.

440.984   Rule making.

440.985   Informed consent.

440.986   Disciplinary proceedings and actions.

440.987   Advisory committee.

440.988   Vicarious liability.

SUBCHAPTER XIV

UNIFORM ATHLETE AGENTS ACT

440.99   Definitions.

440.9905   Service of process.

440.991   Athlete agents: registration required; void contracts.

440.9915   Registration as athlete agent; form; requirements; reciprocal registration.

440.992   Certificate of registration; issuance or denial; renewal.

440.9925   Suspension, revocation, or refusal to renew registration.

440.993   Temporary registration.

440.9935   Renewal.

440.994   Required form of contract.

440.9945   Notice to educational institution.

440.995   Student athlete’s right to cancel.

440.9955   Required records.

440.996   Prohibited conduct.

440.9965   Criminal penalties.

440.997   Civil remedies.

440.9975   Administrative forfeiture.

440.998   Uniformity of application and construction.

440.9985   Relation to Electronic Signatures in Global and National Commerce Act.

440.999   Rules.

Ch. 440 Cross-reference Cross-reference: See also SPS, Wis. adm. code.

subch. I of ch. 440 SUBCHAPTER I

GENERAL PROVISIONS

440.01 440.01 Definitions.

440.01(1) (1) In chs. 440 to 480, unless the context requires otherwise:

440.01(1)(ab) (ab) “Asynchronous telehealth service” means telehealth that is used to transmit medical data about a patient to a health care provider when the transmission is not a 2-way, real-time interactive communication.

440.01(1)(ad) (ad) “Automated external defibrillator” means a defibrillator device to which all of the following apply:

440.01(1)(ad)1. 1. It is approved for commercial distribution by the federal food and drug administration.

440.01(1)(ad)2. 2. It is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and of determining without intervention by the user of the device whether defibrillation should be performed.

440.01(1)(ad)3. 3. After having determined that defibrillation should be performed, it is capable, either at the command of an operator or without intervention by an operator, of delivering an electrical shock to an individual.

440.01(1)(ag) (ag) “Defibrillation” means administering an electrical impulse to an individual’s heart in order to stop ventricular fibrillation or rapid ventricular tachycardia.

440.01(1)(aj) (aj) “Department” means the department of safety and professional services.

440.01(1)(am) (am) “Financial institution” has the meaning given in s. 705.01 (3).

440.01(1)(b) (b) “Grant” means the substantive act of an examining board, section of an examining board, affiliated credentialing board or the department of approving the applicant for credentialing and the preparing, executing, signing or sealing of the credentialing.

440.01(1)(bm) (bm) “Interactive telehealth” means telehealth delivered using multimedia communication technology that permits 2-way, real-time, interactive communications between a health care provider at a distant site and the patient or the patient’s health care provider.

440.01(1)(c) (c) “Issue” means the procedural act of the department of transmitting the credential to the person who is credentialed.

440.01(1)(d) (d) “Limit,” when used in reference to limiting a credential, means to impose conditions and requirements upon the holder of the credential, to restrict the scope of the holder’s practice, or both.

440.01(1)(dg) (dg) “Remote patient monitoring” means telehealth in which a patient’s medical data is transmitted to a health care provider for monitoring and response if necessary.

440.01(1)(dm) (dm) “Renewal date” means the date, specified in s. 440.08 (2), on which a credential expires and before which the credential holder must submit a complete renewal application under s. 440.08 (2m) (a) in order to maintain without interruption the rights, privileges and authority conferred by the credential.

440.01(1)(e) (e) “Reprimand” means to publicly warn the holder of a credential.

440.01(1)(f) (f) “Revoke,” when used in reference to revoking a credential, means to completely and absolutely terminate the credential and all rights, privileges, and authority previously conferred by the credential.

440.01(1)(g) (g) “Secretary” means the secretary of safety and professional services.

440.01(1)(h) (h) “Suspend,” when used in reference to suspending a credential, means to completely and absolutely withdraw and withhold for a period of time all rights, privileges, and authority previously conferred by the credential.

440.01(1)(hm) (hm) “Telehealth” means a practice of health care delivery, diagnosis, consultation, treatment, or transfer of medically relevant data by means of audio, video, or data communications that are used either during a patient visit or a consultation or are used to transfer medically relevant data about a patient. “Telehealth” includes asynchronous telehealth services, interactive telehealth, and remote patient monitoring.

440.01(1)(i) (i) “Ventricular fibrillation” means a disturbance in the normal rhythm of the heart that is characterized by rapid, irregular, and ineffective twitching of the ventricles of the heart.

440.01(2) (2) In this subchapter:

440.01(2)(a) (a) “Credential” means a license, permit, or certificate of certification or registration that is issued under chs. 440 to 480.

440.01(2)(b) (b) “Credentialing” means the acts of an examining board, section of an examining board, affiliated credentialing board or the department that relate to granting, issuing, denying, limiting, suspending or revoking a credential.

440.01(2)(bm) (bm) “Credentialing board” means an examining board or an affiliated credentialing board in the department.

440.01(2)(c) (c) “Examining board” includes the board of nursing.

440.01(2)(cs) (cs) “Minority group member” has the meaning given in s. 16.287 (1) (f).

440.01(2)(cv) (cv) “Psychotherapy” has the meaning given in s. 457.01 (8m).

440.01(2)(d) (d) “Reciprocal credential” means a credential granted by an examining board, section of an examining board, affiliated credentialing board or the department to an applicant who holds a credential issued by a governmental authority in a jurisdiction outside this state authorizing or qualifying the applicant to perform acts that are substantially the same as those acts authorized by the credential granted by the examining board, section of the examining board, affiliated credentialing board or department.

440.01 History History: 1977 c. 418; 1979 c. 34; 1979 c. 175 s. 53; 1979 c. 221 s. 2202 (45); 1991 a. 39; 1993 a. 102, 107; 1995 a. 233, 333; 1997 a. 35 s. 448; 1997 a. 237 ss. 532, 539m; 1999 a. 9 s. 2915; 2001 a. 80; 2007 a. 104, 143; 2011 a. 32; 2015 a. 196; 2021 a. 121; 2023 a. 33.

440.02 440.02 Bonds. Members of the staff of the department who are assigned by the secretary to collect moneys shall be bonded in an amount equal to the total receipts of the department for any month.

440.03 440.03 General duties and powers of the department.