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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:
440.03(9)(a)1. 1. Recalculating the administrative and enforcement costs of the department that are attributable to the regulation of each occupation or business under chs. 440 to 480.
440.03(9)(a)2. 2. Not later than January 31 of each odd-numbered year, adjusting for the succeeding fiscal biennium each fee for an initial credential for which an examination is not required, for a reciprocal credential, and, subject to s. 440.08 (2) (a), for a credential renewal, and any fee imposed under s. 448.986 (2), if an adjustment is necessary to reflect the approximate administrative and enforcement costs of the department that are attributable to the regulation of the particular occupation or business during the period in which the initial or reciprocal credential, credential renewal, or compact privilege is in effect and, for purposes of each fee for a credential renewal, to reflect an estimate of any additional moneys available for the department's general program operations as a result of appropriation transfers that have been or are estimated to be made under s. 20.165 (1) (i) during the fiscal biennium in progress at the time of the deadline for an adjustment under this subdivision or during the fiscal biennium beginning on the July 1 immediately following the deadline for an adjustment under this subdivision.
440.03(9)(b) (b) The department may not recommend an initial credential fee that exceeds the amount of the fee that the department recommends for a renewal of the same credential, if no examination is required for the initial credential.
440.03(9)(c) (c) The cemetery board may by rule impose a fee in addition to the renewal fee determined by the department under this subsection for renewal of a license granted under s. 440.91 (1).
440.03(9)(d) (d) Not later than 14 days after completing proposed fee adjustments under par. (a), the department shall send a report detailing the proposed fee adjustments to the cochairpersons of the joint committee on finance. If, within 14 working days after the date that the department submits the report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed adjustments, the department may not impose the fee adjustments until the committee approves the report. If the cochairpersons of the committee do not notify the secretary, the department shall notify credential holders of the fee adjustments by posting the fee adjustments on the department's Internet website and in credential renewal notices sent to affected credential holders under s. 440.08 (1).
440.03(11) (11)The department shall cooperate with the department of health services to develop a program to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health services in the evaluation of community mental health programs in exchange for continuing education credits for the professionals under ss. 448.40 (2) (e) and 455.065 (5).
440.03(11m) (11m)
440.03(11m)(a)(a) Each application form for an initial credential or credential renewal shall provide a space for the department to require an applicant for the initial credential or credential renewal, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under par. (am), to provide his or her social security number. If the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.
440.03(11m)(am) (am) If an applicant specified in par. (a) is an individual who does not have a social security number, the applicant shall submit a statement made or subscribed under oath that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A credential or license issued in reliance upon a false statement submitted under this paragraph is invalid.
440.03(11m)(b) (b) The real estate examining board shall deny an application for an initial credential or deny an application for credential renewal if any information required under par. (a) is not included in the application form or, in the case of an applicant who is an individual and who does not have a social security number, if the statement required under par. (am) is not included with the application form.
440.03(11m)(c) (c) The department may not disclose a social security number obtained under par. (a) to any person except for the following:
440.03(11m)(c)1. 1. The coordinated licensure information system under s. 441.51 (6).
440.03(11m)(c)2. 2. The coordinated licensure information system under s. 448.980 (8), if such disclosure is required under the interstate medical licensure compact under s. 448.980.
440.03(11m)(c)2m. 2m. The coordinated database and reporting system under s. 448.985 (8), if such disclosure is required under the physical therapy licensure compact under s. 448.985.
440.03(11m)(c)3. 3. The department of children and families for purposes of administering s. 49.22.
440.03(11m)(c)4. 4. For a social security number obtained under par. (a), the department of revenue for the purpose of requesting certifications under s. 73.0301, administering the initial credential fee reduction under s. 440.052, and administering state taxes and the department of workforce development for the purpose of requesting certifications under s. 108.227.
440.03(12m) (12m)The department of safety and professional services shall cooperate with the departments of justice, children and families, and health services in developing and maintaining a computer linkup to provide access to information regarding the current status of a credential issued to any person by the department of safety and professional services, including whether that credential has been restricted in any way.
440.03(13) (13)
440.03(13)(a)(a) The department may conduct an investigation to determine whether an applicant for a credential satisfies any of the eligibility requirements specified for the credential, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements of pars. (b) and (c).
440.03(13)(am) (am) A person holding a credential who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
440.03(13)(b) (b) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and ss. 441.51 (5) (a) 5., 448.980 (5) (b) 3., and 448.985 (3) (a) 4.:
440.03(13)(b)1. 1. Accountant, certified public.
440.03(13)(b)2. 2. Acupuncturist.
440.03(13)(b)3. 3. Advanced practice nurse prescriber.
440.03(13)(b)4. 4. Aesthetician.
440.03(13)(b)5. 5. Aesthetics instructor.
440.03(13)(b)5m. 5m. Substance abuse counselor, clinical supervisor, or prevention specialist.
440.03(13)(b)5r. 5r. Anesthesiologist assistant.
440.03(13)(b)5s. 5s. Appraisal management company.
440.03(13)(b)6. 6. Appraiser, real estate, certified general.
440.03(13)(b)7. 7. Appraiser, real estate, certified residential.
440.03(13)(b)8. 8. Appraiser, real estate, licensed.
440.03(13)(b)9. 9. Architect.
440.03(13)(b)10. 10. Athletic trainer.
440.03(13)(b)11. 11. Auctioneer.
440.03(13)(b)12. 12. Audiologist.
440.03(13)(b)13. 13. Barber.
440.03(13)(b)14. 14. Barbering instructor.
440.03(13)(b)15m. 15m. Behavior analyst.
440.03(13)(b)16. 16. Boxer.
440.03(13)(b)17. 17. Cemetery preneed seller.
440.03(13)(b)18. 18. Cemetery salesperson.
440.03(13)(b)18g. 18g. Chiropractic radiological technician.
440.03(13)(b)18r. 18r. Chiropractic technician.
440.03(13)(b)19. 19. Chiropractor.
440.03(13)(b)19e. 19e. Cosmetologist.
440.03(13)(b)19m. 19m. Cosmetology instructor.
440.03(13)(b)20. 20. Dental hygienist.
440.03(13)(b)21. 21. Dentist.
440.03(13)(b)22. 22. Designer of engineering systems.
440.03(13)(b)23. 23. Dietitian.
440.03(13)(b)24. 24. Drug distributor.
440.03(13)(b)25. 25. Drug manufacturer.
440.03(13)(b)26. 26. Electrologist.
440.03(13)(b)27. 27. Electrology instructor.
440.03(13)(b)28. 28. Engineer, professional.
440.03(13)(b)30. 30. Funeral director.
440.03(13)(b)31. 31. Hearing instrument specialist.
440.03(13)(b)32. 32. Home inspector.
440.03(13)(b)32m. 32m. Juvenile martial arts instructor.
440.03(13)(b)33. 33. Landscape architect.
440.03(13)(b)34. 34. Land surveyor, professional.
440.03(13)(b)35. 35. Manicuring instructor.
440.03(13)(b)36. 36. Manicurist.
440.03(13)(b)37. 37. Marriage and family therapist.
440.03(13)(b)38. 38. Massage therapist or bodywork therapist.
440.03(13)(b)38m. 38m. Mobile dentistry program registrant.
440.03(13)(b)39. 39. Music, art, or dance therapist.
440.03(13)(b)40. 40. Nurse, licensed practical.
440.03(13)(b)41. 41. Nurse, registered.
440.03(13)(b)42. 42. Nurse-midwife.
440.03(13)(b)43. 43. Nursing home administrator.
440.03(13)(b)44. 44. Occupational therapist.
440.03(13)(b)45. 45. Occupational therapy assistant.
440.03(13)(b)46. 46. Optometrist.
440.03(13)(b)47. 47. Perfusionist.
440.03(13)(b)48. 48. Pharmacist.
2017-18 Wisconsin Statutes updated through 2019 Wis. Act 186 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on September 1, 2020. Published and certified under s. 35.18. Changes effective after September 1, 2020, are designated by NOTES. (Published 9-1-20)