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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)(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)(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)(dm) (dm) “Renewal date" means the date on which a credential expires and before which it must be renewed for the holder 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)(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.
440.02 440.02 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.
440.03(1)(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.
440.03(1c) (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.
440.03(1m) (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.
440.03(2) (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.
440.03(3) (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.
440.03(3m) (3m)The department may investigate complaints made against a person who has been issued a credential.
440.03(3q) (3q)Notwithstanding sub. (3m), the department of safety and professional services shall investigate any report that it receives under s. 146.40 (4r) (em).
440.03(4) (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.
440.03(4m) (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.
440.03(5) (5)The department may investigate allegations of negligence by physicians licensed to practice medicine and surgery under ch. 448.
440.03(5m) (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.
440.03(6) (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.
440.03(7) (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.
440.03(7m) (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).
440.03(8) (8)The department may promulgate rules requiring holders of certain credentials to do any of the following:
440.03(8)(a) (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.
440.03(8)(b) (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.
440.03(9) (9)
440.03(9)(a)(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 fee imposed under s. 448.986 (2) by doing all of the following:
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